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HomeMy WebLinkAbout2023_02_15 Town Board Meeting Packet • r r r Town of Mamaroneck Town Board Agenda Wednesday, February 15, 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 - Pace Comprehensive Plan 2. Discussion - Authorization of Intermunicipal Agreement (IMA) —Westchester 4 - 60 County Waverly Avenue Bridge Replacement Waverly Avenue Bridge IMA - Pdf 3. Discussion - Government Operations Climate Action Plan (GOCAP) Resolution 61 - 62 Government Operations Climate Action Plan (GOCAP) - Pdf 4. Discussion - Part-time, Seasonal and Part-time Availability - 2023 Salary 63 - 67 Schedule Part-time, Seasonal and Part-time Availability - 2023 Salary Schedule - Pdf 5. Discussion - Resolution to Designate Laserfiche Images of W-2's to Be the 68 - 69 Official Town Record Resolution to Designate Laserfiche Images of W-2's to Be the Official Town Record - Pdf 6. Discussion - Single-Use Foodware - County Local Law 70 - 80 Single-Use Foodware - County Local Law - Pdf 7. Discussion - Police Uniform Cleaning Contract 81 - 84 Police Uniform Cleaning Contract - Pdf 8. Discussion - Proposed Resolution Revenue Bond Guarantee for Hommocks 85 - 96 Apartments Proposed Resolution Revenue Bond Guarantee - Pdf 9. Discussion - FFK Agreement for Funding of Engineering Study 97 - 110 Fields For Kids Agreement for Funding of Engineering Study - Pdf 10. Discussion - Proposal to Expand the Permitting of Parking Lot C to Non- 111 - 112 Residents Proposal to Expand the Permitting of Parking Lot C to Non-Residents - Pdf 11. Discussion - Appointment of Town Clerk and Designated Roles 113 - 115 Page 1 of 254 Appointment of Town Clerk and Designated Roles - Pdf 12. Request for Executive Session 13. Updates 14. Additions to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in Conference Room C on the first 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) RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS 1. Presentation by MHS OCRA Students on Single-Use Foodware BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 116 - 118 Fire Claims - Pdf 3. Length of Service Award Program (LOSAP) 119 - 123 2023 Year End Report and Letter AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization - Intermunicipal Agreement (IMA) - Westchester County Waverly 124 - 180 Avenue Bridge Replacement Waverly Avenue Bridge IMA - Pdf 2. Authorization - Government Operations Climate Action Plan (GOCAP) 181 - 182 Resolution Government Operations Climate Action Plan (GOCAP) - Pdf 3. Authorization - Part-time, Seasonal and Part-time Availability - 2023 Salary 183 - 187 Schedule Part-time, Seasonal and Part-time Availability - 2023 Salary Schedule - Pdf 4. Authorization - Resolution to Designate Laserfiche Documents of W-2's to Be 188 - 189 the Official Town Record Resolution to Designate Laserfiche Images of W-2's to Be the Official Town Record - Pdf 5. Authorization - Single-Use Foodware - County Local Law 190 - 200 Single-Use Foodware - County Local Law - Pdf 6. Award of Bid - Police Uniform Cleaning Contract 201 - 204 Police Uniform Cleaning Contract - Pdf 7. Authorization - Proposed Resolution Revenue Bond Guarantee for Hommocks 205 - 216 Apartments Page 2 of 254 Proposed Resolution Revenue Bond Guarantee - Pdf 8. Authorization - FFK Agreement for Funding of Engineering Study 217 - 230 Fields For Kids Agreement for Funding of Engineering Study - Pdf 9. Authorization - Appointment of Town Clerk and Designated Roles 231 - 233 Appointment of Town Clerk and Designated Roles - Pdf 10. Authorization - 2022 Year End Capital Budget Amendments 234 - 236 2022 Capital Budget Amendments - Pdf 11. Authorization - 2022 Year End Operating Budget Amendments 237 - 240 Q3 2022 Operatinq Budget Report - Pdf 12. Authorization - 2023 Capital Budget Amendments 241 - 243 2023 Capital Budget Amendments - Pdf REPORTS OF MINUTES 1. Report of Minutes for February 1, 2023 244 - 254 Report of Minutes February 1, 2023 - Pdf REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT Next Regularly Scheduled Meeting - March 1, 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 3 of 254 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 Re: Authorization of Intermunicipal Agreement (IMA) — Westchester County Waverly Avenue Bridge Replacement Date: February 6, 2023 Attached is the Waverly Avenue Bridge IMA providing for county funding of$2,084,986 towards the Waverly Avenue Bridge Replacement project. This IMA is required in order to complete the available funding sources. Action Requested: Resolved that the Town Board hereby authorizes the Town Administrator to sign the IMA and any related documents necessary to carry out its implementation. Page 4 of 254 Town of Mamaroneck Comptroller, Town Center c 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: February 6, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Authorization of Intermunicipal Agreement(IMA)—Westchester County Waverly Avenue Bridge Replacement General: Replacement of the Waverly Avenue Bridge remains planned for construction start later this spring. Final bid documents have been prepared by the Town's consultant and are currently being reviewed by NYSDOT for authorization to proceed with advertisement. Original grant funding was received through the 2018 NYSDOT BridgeNY program in the amount of $1.75M. Subsequent development of the bridge replacement design and recent experience with the Hillside Avenue Bridge Replacement has increased expected total project costs to $4.17M for the Waverly Avenue Bridge. Additional funding for the project was recently secured from the Westchester County Storm Water Management Law — Phase 11 program. The program provides funding for up to 50% of costs related to the implementation and construction of projects for flood mitigation and damage reduction. Westchester County has agreed to fund up to $2,084,986 towards the Waverly Avenue Bridge Replacement, consistent with 50% share of the revised project estimate. The attached Bond Act resolution and intermunicipal agreement(IMA) have been provided for Town review and acceptance. Submittal of a resolution by the Town Board authorizing execution of the IMA has been requested to finalize the funding commitment. The Engineering Department has no objections to the provided IMA and recommends that the Town Board consider authorization of its signature. Please feel free to contact me with any questions. Attachment/s: MMT - BOL ACT-2022-93 Certified Copy (8-1-22) Page 5 of 254 BPL26 IMA -Phase 2- Waverly Ave Bridge MMT (1-27-23) clean Page 6 of 254 (BOND) ACT 92 - 2022 ACT 93 - 2022 Reference: BPL26 (Unique ID# 1857) THE HONORABLE BOARD OF LEGISLATORS THE COUNTY OF WESTCHESTER DRAFT IMA ON FILE Your Committee is in receipt of a transmittal from the County Executive recommending approval of a bond act(the "Bond Act"), which if adopted, would authorize the County of Westchester (the "County") to issue up to $2,200,000.00 in bonds to finance a component of capital project BPL26 - Flood Mitigation ("BPL26"). Also attached is an Act authorizing an intennunicipal agreement ("IMA") with the Town of Mamaroneck (the "Town") setting forth the terms of the flood mitigation project. Your Committee is advised that the Bond Act, prepared by the law firin of Hawkins Delafield &Wood LLP, would fund up to 50% of the costs associated with a municipally proposed project to replace the Waverly Avenue Bridge with a culvert that is wider and aligned with the stream channel to improve the carrying capacity of the culvert and accommodate flood waters. The project will implement a component of the larger U.S. Army Corps of Engineer's project to reduce flooding and flood damage, particularly in the immediate vicinity of the bridge and along Waverly Avenue, which becomes impassable during even moderate flood events. It is estimated that the project will take three (3) years months to complete. Your Committee is advised that the IMA, a copy of which is attached, will set forth the responsibilities of the County and the Town in connection with the project. In accordance with the IMA, the County and the Town will each provide up to fifty (50%) percent of the total cost of the project which is estimated to be $4,169,972.00. The County will pay to the Town, on a reimbursement basis, an amount not to exceed $2,084,986.00. Your Honorable Board will note that the bonding request is for $2,200,000 to include additional County costs for staff hours and administration of the project. Your Honorable Board enacted the Westchester County Storin Water Management Law ("SWML") in 2011 to assist municipalities with storm water management (flood mitigation). See Laws of Westchester County Chapter 241, Article III-A, Sections 241.252-241.260. The SWML provides for the evaluation of flooding within the County through preparation of watershed "reconnaissance plans", and the SWML authorizes County cooperation with municipalities, including funding assistance, to improve stone water management and reduce flooding. Page 7 of 254 By Act No. 134-2014, your Honorable Board approved the Stor nwater Reconnaissance Plan for the Coastal Long Island Sound Watershed. The Town and the Mamaroneck River are both identified as areas of recurring flooding in this plan. Criteria for funding stormwater management (flood mitigation) projects are also described in the plan, including discretionary fund policy requirements to affirmatively further fair housing. The IMA requires the Village to adopt regulations and policies consistent with the flood mitigation criteria in the Stormwater Reconnaissance Plan for the Coastal Long Island Sound Watershed. Your Committee notes that this Honorable Board has previously authorized the County to issue bonds which have financed prior components of this project as set forth on the attached fact sheet. The Planning Department has advised your Committee that based on its review, the above referenced capital project has been classified as a Type "II" action pursuant to the State Environmental Quality Review Act ("SEQR") and its implementing regulations, 6 NYCRR Part 617. Therefore, no further environmental review is required. Your Committee has reviewed the annexed SEQRA documentation and concurs with this conclusion. Your Committee is further advised that since BPL26 is a "general fund"project, specific components are subject to a Capital Budget Amendment. Section 1 of the Bond Act authorizes an amendment to the County's Capital Budget to the extent the project scope is inconsistent with any details set forth in the current Capital Budget. Accordingly, the Bond Act, in addition to authorizing the issuance of bonds for this project, will also amend the 2022 Capital Budget to reflect the specific location of this project component. In addition, section 167.131 of the County Charter mandates that a capital budget amendment that introduces a new capital project or changes the location, size or character of an existing capital project be accompanied to the Board of Legislators by a report of the Westchester County Planning Board (the "Planning Board") with respect to the physical planning aspects of the project. Accordingly, the Planning Board Report for BPL26 is armexed. Please note that an affirmative vote of two-thirds of the members of your Honorable Board is required in order to adopt the Bond Act, while a simple majority of the voting strength of your Honorable Board is required to adopt the Act authorizing the IMA. Page 8 of 254 Based on the importance of this project to the County, your Committee recommends favorable action on the annexed Bond Act and Act authorizing the IMA. Dated: � ; j , 2022 White Mains New York L COMMITTEE ON �il✓1 C:jpg/3.10.22 l (C vYt 1_( s c' ri .hUllS �J l3�lGS 1 1 i Sa' ��1 (I r U TL Page 9 of 254 Dated: July 25, 2022 White Plains, New York The following members attended the meeting remotely,pursuant to Chapter 56 of New York State Laws of 2022, and approved this item out of Committee with an affirmative vote. Their electronic signature was authorized and is below. Committee(s) on: Budget&Appropriations Public Works&Transportation Environment, Energy&Climate � � G Page 10 of 254 FISCAL IMPACT STATEMENT CAPITAL PROJECT#: BPL26 F7NO FISCAL IMPACT PROJECTED SECTION A-CAPITAL BUDGET IMPACT To Be Completed by Budget =GENERAL FUND =AIRPORT FUND =SPECIAL DISTRICTS FUND Source of County Funds (check one): FX Current Appropriations =Capital Budget Amendment Waverly Ave Bridge Mamaroneck SECTION B-BONDING AUTHORIZATIONS To Be Completed by Finance Total Principal $ 2,200,000 PPU 20 Anticipated Interest Rate 3.14% Anticipated Annual Cost (Principal and Interest): $ 146,424 Total Debt Service (Annual Cost x Term): $ 2,928,480 Finance Department: Interest rates from May 25, 2022 Bond Buyer-ASBA SECTION C-IMPACT ON OPERATING BUDGET(exclusive of debt service) To Be Completed by Submitting Department and Reviewed by Budget Potential Related Expenses (Annual): $ - Potential Related Revenues (Annual): $ Anticipated savings to County and/or impact of department operations (describe in detail for current and next four years): SECTION D-EMPLOYMENT As per federal guidelines, each $92,000 of appropriation funds one FTE Job Number of Full Time Equivalent (FTE)Jobs Funded: SECTION E-EXPECTED DESIGN WORK PROVIDER County Staff Consultant FX Not Applicable Prepared by: David Kvinge Title: Assistant Commissioner �—-rviewed By: ' e Department: Planning udget Director Date: 6/7/22 Date: 411 Page 11 of 254 Westchester gor.wm Memorandum Department of Planning TO: Michelle Greenbaum, Senior Assistant County Attorney Jeffrey Goldman, Senior Assistant County Attorney FROM: David S. Kvinge, AICP, RLA,CFM Assistant Commissioner DATE: April 14, 2022 SUBJECT: STATE ENVIRONMENTAL QUALITY REVIEW FOR CAPITAL PROJECT: BPL26 FLOOD MITIGATION (TOWN OF MAMARONECK) PROJECT/ACTION: Per Capital Project Fact Sheet as approved by the Planning Department on 03-31-2022 (Unique ID: 1857) With respect to the State Environmental Quality Review Act and its implementing regulations 6 NYCRR Part 617, the Planning Department recommends that no further environmental review is required for the proposed action, because the project or component of the project for which funding is requested may be classified as a TYPE II action pursuant to section(s): ■ 617.5(c)(2): replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes unless such action meets or exceeds any of the thresholds in section 617.4 of this Part; ■ 617.5(c)(9): construction or expansion of a primary or accessory/appurtenant, nonresidential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities. COMMENTS: The replacement bridge will be slightly wider to accommodate sidewalks. DSK/cmm cc: Andrew Ferris, Chief of Staff Paula Friedman, Assistant to the County Executive Tani Altschiller, Assistant Chief Deputy County Attorney Gideon Grande, Deputy Budget Director Lorraine Marzola, Associate Budget Director Kelly Sheehan, Assistant Commissioner William Brady, Chief Planner Michael Lipkin, Associate Planner Claudia Maxwell, Associate Environmental Planner Page 12 of 254 RESOLUTION 21- t' q WESTCHESTER COUNTY PLANNING BOARD Amendment of Planning Board Report on 2021 Capital Project Requests BP_i.26 Flood Mitigation WHEREAS,the County of Westchester has established Capital Project BPL26 Flood Mitigation,a general fund, to provide a share of the cost of funding flood mitigation projects that are proposed by local municipalities and approved by the County;and WHEREAS,the reconstruction of the bridge at Waverly Avenue in the Town of Mamaroneck, in the amount of$2,200,000, will reduce flooding and flood damage for roadways and properties in the vicinity, including areas included within the study area of the US Army Corps of Engineers General Reevaluation Study of the Mamaroneck and Sheldrake Rivers, included in the stormwater reconnaissance plan for the Coastal Long Island Sound drainage basin; and WHEREAS,the project has been reviewed and approved by the County Stormwater Advisory Board and will be subject to further detailed review by County staff; and WHEREAS, in furtherance of the above, the County Executive will be submitting legislation to the Board of Legislators to amend the Capital Project BPL26 Flood Mitigation to add the project to Capital Project BPL26 and authorize bonding to fund up to 50%of the project; and WHEREAS, the project is consistent with the County Planning Board's long-range planning policies set forth in Westchester 2025 - Policies to Gnide County Planning, in that it will help preserve and protect the County's natural resources and environment, both physical and biotic and will help mitigate the impacts of flooding; now therefore, be it RESOLVED,that the County Planning Board, pursuant to Section 167.131 of the County Charter, amends its Report on the 2021 Capital Project Requests to include the Capital Project BPL26 Flood Mitigation for the reconstruction of the bridge at Waverly Avenue in the Town of Mamaroneck. Adopted this 51h day of October 2021 //?-,-,- 41 " ,Rich rd Hyman, Qb6 Page 13 of 254 REFERENCE BPL26 ACT NO.92-2022 BOND ACT AUTHORIZING THE ISSUANCE OF $2,200,000 BONDS OF THE COUNTY OF WESTCHESTER, OR SO MUCH THEREOF AS MAY BE NECESSARY, TO FINANCE THE COST OF THE REPLACEMENT OF WAVERLY AVENUE BRIDGE IN THE TOWN OF MAMARONECK WITH A CULVERT; STATING THE TOTAL ESTIMATED MAXIMUM COST THEREOF IS $2,200,000; STATING THE PLAN OF FINANCING SAID COST INCLUDES THE ISSUANCE OF $2,200,000 BONDS HEREIN AUTHORIZED TO FINANCE SAID COST; AND PROVIDING FOR A TAX TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS. (Adopted 08/01, 2022 BE IT ENACTED BY THE COUNTY BOARD OF LEGISLATORS OF THE COUNTY OF WESTCHESTER,NEW YORK(by the affirmative vote of not less than two-thirds of the voting strength of said Board), AS FOLLOWS: Section 1. Pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), the Westchester County Administrative Code, being Chapter 852 of the Laws of 1948, as amended, to the provisions of other laws applicable thereto, $2,200,000 bonds of the County, or so much thereof as may be necessary, are hereby authorized to be issued to finance the replacement of Waverly Avenue Bridge in the Town of Mamaroneck with a culvert; all as set forth in the County's Current Year Capital Budget, as amended. To the extent that the details set forth in this act are inconsistent with any details set forth in the Current Year Capital Budget of the County, such Budget shall be deemed and is hereby amended. The total estimated maximum cost of said object or purpose, 3675003.1045751 LEG Page 14 of 254 including preliminary costs and costs incidental thereto and the financing thereof is $2,200,000. The plan of financing includes the issuance of$2,200,000 bonds herein authorized, and any bond anticipation notes issued in anticipation of the sale of such bonds, and the levy of a tax to pay the principal of and interest on said bonds. Section 2. The period of probable usefulness of the object or purpose for which said $2,200,000 bonds authorized by this Act are to be issued, within the limitations of Section 11.00 a. 10 of the Law, is twenty(20) years; Section 3. Current funds are not required to be provided as a down payment pursuant to Section 107.00 d. 9. of the Law prior to issuance of the bonds authorized herein, or any bond anticipation notes issued in anticipation of the sale of such bonds. The County intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the County, pursuant to this Act, in the maximum amount of $2,200,000. This Act is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The estimate of $2,200,000 as the estimated total cost of the aforesaid object or purpose is hereby approved. Section 5. Subject to the provisions of this Act and of the Law, and pursuant to the provisions of§30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of§§50.00,56.00 to 60.00 and 168.00 of said Law,the powers and duties of the County Board of Legislators relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, relative to providing for substantially level or declining annual debt service, relative to prescribing the terms, form and 3675003.1045751 LEG Page 15 of 254 contents and as to the sale and issuance of the respective amounts of bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, and relative to executing agreements for credit enhancement, are hereby delegated to the Commissioner of Finance of the County, as the chief fiscal officer of the County. Section 6. Each of the bonds authorized by this Act and any bond anticipation notes issued in anticipation of the sale thereof shall contain the recital of validity prescribed by §52.00 of said Local Finance Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the County of Westchester, payable as to both principal and interest by general tax upon all the taxable real property within the County. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds or the renewals of said notes, and provision shall be made annually in the budgets of the County by appropriation for(a) the amortization and redemption of the notes and bonds to mature in such year and (b) the payment of interest to be due and payable in such year. Section 7. The validity of the bonds authorized by this Act and of any notes issued in anticipation of the sale of said bonds,may be contested only if: (a) such obligations are authorized for an object or purpose for which the County is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of this Act or a summary hereof, are not substantially complied with, and.an action, suit or proceeding contesting such validity, is corrunenced withui twenty days after the date of such publication, or 3675003.1045751 LEG Page 16 of 254 (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Act shall take effect in accordance with Section 107.71 of the Westchester County Charter. 3675003.1045751 LEG Page 17 of 254 CAPITAL PROJECT FACT SHEET Project ID:* EI CBA Fact Sheet Date:* BPL26 01-03-2022 Fact Sheet Year:* Project Title:* Legislative District ID: 2022 FLOOD MITIGATION 7 Category* Department:* CP Unique ID: BUILDINGS, LAND& PLANNING 1857 MISCELLANEOUS Overall Project Description This project is intended to provide a share of the cost of funding flood mitigation projects that are proposed by local municipalities and approved by the County. This is a general fund,specific projects are subject to a Capital Budget Amendment. ❑Best Management Practices ❑Energy Efficiencies [�]Infrastructure p Life Safety ❑Project Labor Agreement ❑Revenue ❑Security p Other(FLOOD MITIGATION) FIVE-YEAR CAPITAL PROGRAM in thousands Estimated Under Ultimate Appropriated 2022 2023 2024 2025 2026 Review Total Cost Gross 51,750 20,750 11,000 0 0 0 0 20,000 Less Non-County Shares 0 01 0 0 01 01 0 0 Net 51,750 20,7501 11,000 0 01 01 01 20,000 Expended/Obligated Amount(in thousands)as of: 6,626 Current Bond Description: The project involves the replacement of the existing Waverly Avenue Bridge in the Town of Mamaroneck with a culvert that is wider and aligned with the stream channel to improve the carrying capacity of the culvert and accommodate flood waters. Financing Plan for Current Request: Non-County Shares: $ 0 Bonds/Notes: 2,200,000 Cash: 0 Total: S 2,200,000 SEQR Classification: TYPE II Amount Requested: 2,200,000 Comments: The project will implement a component of the larger USAGE project and will reduce flooding and flood damage,particularly in the immediate vicinity and along Waverly Avenue, which becomes impassable during even moderate flood events,preventing access by emergency vehicles to portions of Mamaroneck. Energy Efficiencies: NA 06-08-2022 08:47:49 AM Pa6gIlEPU 254 Appropriation History: Year Amount Description 2009 5,400,000 MAMARONECK AND SHELDRAKE RIVERS BASIN FLOOD DAMAGE REDUCTION STUDY;FOUR LOCAL MUNICIPAL FLOOD PROJECTS 2012 5,000,000 FLOOD MITIGATION PROJECTS TO BE DETERMINED 2013 5,000,000 FLOOD RELATED PROJECTS 2015 150,000 DESIGN OF A STUDY FOR A COUNTYWIDE SYSTEM OF STREAM AND STORM GAUGES 2016 5,000,000 CONTINUATION OF THIS PROJECT 2021 200,000 DESIGN AND INSTALLATION OF A MAINTENANCE GATE AT SPRAIN BROOK,YONKERS 2022 11,000,000 DESIGN AND CONSTRUCTION OF USACE PROJECT IN VILLAGE OF MAMARONECK Total Appropriation History: 31,750,000 Financing History: Year Bond Act# Amount Issued Description 09 79 900,000 899,501 FLOOD MITIGATION STUDY:MAM'K &SHELDRAKE RIVERS BASIN 09 140 2,441,625 2,441,625 COUNTY PORTION OF FLOOD MITIGATION PROJECT IN COUNTY 17 11 2,974,874 2,502,238 COUNTY PORTION OF FLOOD MITIGATION PROJECT IN COUNTY (AMMENDED) 18 171 70,000 0 FUNDING FOR AN ENGINEERING STUDY TO DEVELOP A SOLUTION FOR FLOODING IN RYE BROOK, AVON CIRCLE AREA 19 108 300,000 0 INITIAL DESIGN OF PROJECT TO MITIGATE FLOODING ALONG THE HUTCHINSON RIVER 19 247 1,000,000 0 RECONSTRUCT THE HILLSIDE AVENUE BRIDGE IN THE VILLAGE OF MAMARONECK 21 l7l 350,000 0 FLOOD MITIGATION-TOWN OF NEW CASTLE(UNIQUE ID# 1694) 21 175 270,000 0 FLOOD MITIGATION-YONKERS (UNIQUE ID# 1692) Total Financing History: 8,306,499 Recommended By: Department of Planning Date W BB4 03-31-2022 Department of Public Works Date RJB4 04-01-2022 Budget Department Date LMY 1 04-04-2022 Requesting Department Date WBB4 04-04-2022 06-08-2022 08:47:50 AM Pacgeo )6f 254 a 01 0 0 o N t .A O � N > N 2 z z z z a 0 0 0 0 ro F- H F- H Q Q Q Q rco ? �2 L N Q) v w 0 0 0 0 N fu 0 a m Q <( ¢ Q `-' E D O D O c u n z z z z E z 0 0 0 0 v N C7 C7 (� C7 � C O 0 ~ J z rz, z rz N >' .Y12 Q(13 Q Q Q v L Vl UO Q Q Q Q N O Ln > a vi M2 V T a) i C aru N j7 Y C 7 z N N ro O` cri O O ry E o E } H 7 aL-' u ti O L y O O v N O O v 0 'ptn v C m O OA a) N O O O 0 Oi E 'rp Fy N O ri 14 a -0 ra m a 14 v > o E cn N a u ° E L � o v a, ra o o co o O v E o ru o •v E ra au N rq o O O N N 'D a) `ri Mri O O O O C O —OV VD ru n C CaWIt le O m CC C) O U. 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V1 N N O O tT tT tT t:!' � a' O O O 0f Ot Ot LA N N N LA to LA O O O O O O f0 N N G - I 'i4 �-4 .r4 rt 4 rtil rOl Orl Ol Ni tNi Ni r4 �1 er-i Ni Ni rNL N-1 Ni NL Nl rNl Nl HN N Nl 0 LA LA 0 0 0 0 0 C O N N O O O O O 3 O tD 00 0 0 0 0 0 O Q DO1 � Ol O M O M N N N ti V w N .L 01 T n co m M •i rl Z i Q O O ri N N O a C ^ a rl ri N rl rl N r coa ^ o ccl a �o � a � cd ov O 0 Page 21 of 254 Ln M 1 o N Ln w M M C' O N O O t0 O M 00 Z O ° F NL r a ^ N -j � a co O O O U. Page 22 of 254 STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) I, the undersigned Clerk of the Board of Legislators of the County of Westchester, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Board of Legislators of said County, including the Bond Act contained therein, held on August 1, 2022 with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law) , said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date Given July 27, 2022 WVOX FIOS1 News Channel 12 The Journal News Hometown Media I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s)on the following dates: Designated Location(s) of posted notice Date of Posting July 27, 2022 www.westchesterlegislators.com IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County Board of Legislator n August 1, 2022 OpRD OF qE f.•• Cjs, n �Vanderberg, Cle pV N 2,� tjchster Comex Board of L islators f 1683 �cyfSTER 0°a Page 23 of 254 The foregoing Bond Act was duly put to a vote which resulted as follows: AYES: Legislator Jose Alvarado Legislator Nancy Barr Legislator Catherine Borgia Legislator Benjamin Boykin Legislator Terry Clements Legislator Margaret Cunzio Legislator Vedat Gashi Legislator Christopher Johnson Legislator Damon Maher Legislator James Nolan Legislator Catherine Parker Legislator Erika Pierce Legislator MaryJane Shimsky Legislator Colin Smith Legislator David Tubiolo Legislator Jewel Williams-Johnson Legislator Tyrae Woodson-Samuels NOES: ABSENT: The Bond Act was thereupon declared duly adopted. APPROV BY THE COUNTY EXECUTIVE Date: J Page 24 of 254 ACT NO. 2022 - 93 AN ACT authorizing the County of Westchester to enter into an intermunicipal agreement with the Town of Mamaroneck in coiulection with a flood mitigation project (Capital Project BPL26). BE IT ENACTED by the County Board of Legislators of the County of Westchester as follows: Section 1. The County of Westchester (the "County") is hereby authorized to enter into an intennunicipal agreement (the"IMA")with the Town of Mamaroneck (the "Town"), in substantially the fonn attached hereto, in connection with a flood mitigation project to be conducted in the Town to mitigate flooding and flood damage in the immediate vicinity of the Waverly Avenue Bridge and along Waverly Avenue(the "Project"). §2. The County is hereby authorized to accept any real property interests from the Town in connection with the Project. §3. The term of the IMA shall commence upon execution thereof by both parties and approval of same by the Office of the County Attorney, and shall continue for the life of the bonds issued by the County for the construction of the Project. §4. The County Executive or his authorized designee is empowered to execute any and all documents necessary and appropriate to effectuate the purposes hereof. §5. This Act shall take effect immediately. Page 25 of 254 STATE OF NEW YORK ) ) ss. COUNTY OF WESTCHESTER ) I HEREBY CERTIFY that I have compared the foregoing (Bond) Act No. 92 - 2022, and Act No. 93 - 2022, with the originals on file in my office, and that the same are correct transcripts therefrom, and of the whole, of said original (Bond) Act, and Act which were duly adopted by the Westchester County Board of Legislators, of the County of Westchester on August 1, 2022, and approved by the County Executive on August 2, 2022. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Seal of said County Board of Legislators on this Yd day of August, 2022. k 40 - t Ma ika er erg The Clerk of the Westchester County Board of Legislators County of Westchester, New York CW Jrf �uuxT�. •yam O{ * 168 3 ,� Page 26 of 254 AGREEMENT, made the day of , 2023 by and between THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601, (hereinafter referred to as the "County") and THE TOWN OF MAMARONECK, a municipal corporation of the State of New York, having an office and place of business at 740 West Boston Post Road, Mamaroneck, New York, 10543 (hereinafter referred to as the "Municipality"). RECITALS WHEREAS, in response to serious flooding issues throughout Westchester County, in 2011 the County enacted the Westchester County Storm Water Management Law ("SWML") to assist municipalities with storm water management (flood mitigation). See Laws of Westchester County Chapter 241, Article III-A, Sections 241.252-241.260. The SWML provides for the evaluation of flooding within the County through preparation of watershed "reconnaissance plans", and the SWML authorizes County cooperation with municipalities, including funding assistance, to improve storm water management and reduce flooding. The SWML authorizes the creation of a Storm Water Advisory Board(the "SWAB")to assist County municipalities in addressing flooding; and WHEREAS, the SWML enables the County to partner with County municipalities to provide funding for flood mitigation and/or flood damage reduction projects; and WHEREAS, the SWML funding program is divided into "Phase I" funding and "Phase Il" funding; and WHEREAS, Phase I funding is up to fifty (50) percent toward the costs for the preparation of detailed design, specification and construction documents for flood mitigation and/or flood damage reduction projects; and WHEREAS, Phase II funding is up to fifty (50) percent toward the costs for the implementation and construction of flood mitigation and/or flood damage reduction projects; and Page 27 of 254 WHEREAS, approval by the Board of Legislators for Phase I funding does not guarantee approval for Phase II funding; and WHEREAS, the Municipality wishes to participate in the SWML funding program and has submitted an application to the County for Phase II financial assistance to address flooding problems within the Municipality; and WHEREAS, a Storm Water Reconnaissance Plan has been prepared by the County departments of Planning and Public Works and Transportation pursuant to the SWML entitled the Stormwater Reconnaissance Plan for the Coastal Long Island Sound Watershed (the "Reconnaissance Plan"); and WHEREAS, the Reconnaissance Plan was recommended by the SWAB to the County Executive and the Board of Legislators; and WHEREAS,the Board of Legislators approved the Reconnaissance Plan on August 4, 2014 by Act No. 134 - 2014; and WHEREAS, the area of flooding for which the Municipality wishes to participate in the SWML funding program is identified in a study or as a flood problem area in the Reconnaissance Plan; and WHEREAS, pursuant to the SWML funding program and in an effort to protect County- owned and/or managed infrastructure, assets and property, including the protection of County bridges, sanitary sewer and/or storm water pipes, and County parkland and other municipal and private property, the County desires to contribute Phase 11 funding to the costs of a flood mitigation and/or flood damage reduction project involving the replacement of the Waverly Avenue Bridge, which is included in the U.S. Army Corps of Engineers Mamaroneck-Sheldrake Rivers General Revaluation Report and, as such, is an eligible project area in the Reconnaissance Plan (the "Project"), and further described herein, to be undertaken by the Municipality; and WHEREAS, the Municipality has prepared designs, specifications and construction documents for the Project and the Project has been presented to and received support from the County Stormwater Advisory Board. Page 28 of 254 NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements herein set forth, the County and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant and agree as follows: ARTICLE I TERM Section 1.0. The recitals are hereby incorporated by reference into the body of this Agreement. Section 1.1. The term of this Agreement shall be for a period commencing upon full execution hereof by both parties and approval of same by the Office of County Attorney, as evidenced by the date on the top of page 1 of this Agreement, and shall continue for a period equal to or greater than the life of any bonds issued by the County to fund the County's portion of the Project. ARTICLE II TERMS OF PAYMENT,EASEMENT AND MUNICIPALITY REPRESENTATIONS Section 2.0. Pursuant to the County's SWML funding program and in an effort to protect County-owned and/or managed infrastructure, assets and property, including the protection of County bridges, sanitary sewer and/or storm water pipes, and County parkland and other municipal and private property, the County desires at this time to contribute Phase II funding toward construction costs of the Project, including any final designs and construction documents. The Project is owned by the Municipality and consists of flood mitigation and/or flood damage reduction work. The scope of work for this Phase II funding agreement is more fully described in Schedule "A", attached hereto and made a part hereof. In consideration for the County's aforesaid contribution, the Municipality represents that it shall complete the design, specification, construction documents and construction of the Project in accordance with Schedule"A" and all of the other terms of this Agreement. The County agrees to finance the design, specification, construction documents and construction for the Project on a reimbursement basis. It is recognized and understood by the Municipality that at the time of execution of this Agreement, the County has obtained appropriations and bonding authority to fund up to $2,084,986.00 for the construction of the Project. The County share of the construction of the Project shall not exceed that amount. Eligible project construction costs Page 29 of 254 up to $4,169,972.00 shall be paid up to fifty (50)percent by the County (up to $2,084,986.00) and fifty (50) percent by the Municipality; provided, however, should the total eligible project construction costs be less than $4,169,972.00, the County shall only be responsible for fifty (50) percent of the lesser amount. The Municipality shall be responsible for all costs in relation to the Project that exceed the County's contribution set forth herein, and under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall the County be expected or required to make any payment of any kind whatsoever or be under any other obligation or liability hereunder in connection with this Project except as herein expressly set forth. The County does not provide or extend any warranty of fitness for a particular purpose or workmanship for any work undertaken in connection with, or paid under, this Agreement. Payment hereunder by the County shall operate as a release to the County from any and all obligations or liabilities in connection herewith to the Municipality, its contractor(s), or subcontractor(s) hereunder. Section 2.1. The Municipality represents that within one (1) year of the date hereof that the "Flood Mitigation Criteria" developed by the SWAB and approved by the Board of Legislators will have been adopted in the Municipality's appropriate land use regulations, guidelines and policies or in stand-alone form, and documentation of the adoption of such policies must be provided to and approved by the Commissioner of the County Department of Planning ("Planning Commissioner"). It is understood and agreed to by the Municipality that the payment of County funds under this Agreement for the Project is contingent upon the Municipality's adoption of the aforesaid policies. Section 2.2. The parties agree that all payments made by the County to the Municipality shall be on a reimbursement basis only. Any and all requests for payment to be made, including any request for partial payment upon completion of a portion of the Project, shall be submitted by the Municipality on properly executed payment vouchers of the County and paid only after approval by the Planning Commissioner and the Commissioner of the Westchester County Department of Public Works and Transportation ("DPWT Commissioner"). The Municipality agrees that it shall submit all documentation that the County may require to substantiate all requests for payment. All payment vouchers must be accompanied by a numbered invoice and must contain the invoice number where indicated. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. In no event shall a final payment be made to the Municipality prior to completion of the Project and the approval of same by the Planning Commissioner and DPWT Commissioner. If at any Page 30 of 254 time the Municipality shall neglect or fail to perform properly any of its obligations under this Agreement, the County shall have the right to withhold, in whole or in part, any payments otherwise due or to become due to the Municipality hereunder until such neglect or failure shall have been remedied to the reasonable satisfaction of the County. Section 2.3. Prior to the construction of the Project, the Municipality agrees to convey to the County, its successors, and assigns a non-exclusive easement(s) (the "Easement(s)") in, upon, under and over that portion of the Municipality's property within which the Project is located (the "Property"), which Easement(s) shall be substantially in the form attached hereto and made a part hereof as Schedule "B". The Municipality shall be solely responsible for obtaining any and all easements on non-Municipally-owned property needed in connection with the carrying out of the Project and shall provide copies of said easements to the Planning Commissioner. Said easements shall name Westchester County as a Grantee solely for the purposes of carrying out the work needed to accomplish the Project and said easements shall be for a term equal to or greater than the life of any bonds issued by the County to fund the County's portion of the Project. Section 2.4. The Municipality represents warrants and guarantees that: (a) It is a municipal corporation duly organized, validly existing under the laws of the State of New York; the execution and performance of this Agreement by the Municipality has been duly authorized by its governing body; this Agreement, and any other documents required to be delivered by the Municipality when so delivered, will constitute the legal, valid and binding obligations of the Municipality in accordance with their respective terms; and the Municipality will deliver to the County at the time of execution of this Agreement a resolution adopted by its governing body authorizing the execution of this Agreement, and any other documents required to be delivered by the Municipality, including the aforesaid Easement; (b) The person signing this Agreement on behalf of the Municipality has full authority to bind the Municipality to all of the terms and conditions of this Agreement pursuant to the resolution granting such authority by the Municipality's governing body, as noted above; (c) It is financially and technically qualified to perform its obligations hereunder, including without limitation, full implementation of the Project; and (d) The Municipality acknowledges that the County is acting in reliance on the above representations. Page 31 of 254 ARTICLE III MANAGEMENT OF THE PROJECT Section 3.0. The Municipality shall be responsible for all construction phases of the Project, including, but not limited to, any additional study or engineering necessary to fully comply with the requirements of the funding program, final engineering, specifications and designs, and all phases of construction and post-construction elements. The Municipality shall submit any required documentation, including additional engineering or progress reports, to the DPWT Commissioner or his duly authorized representative and to the Planning Commissioner or her duly authorized designee for review, and said design plans and specifications shall be mutually approved by all parties. The Municipality shall fully complete the project tasks as set forth in Schedule "A" and submit proof of such completion to the County for its review and approval on or before five (5) years from the date of the execution of this Agreement by all parties. Notwithstanding the foregoing, the parties may agree to a twelve (12) month extension of time for completion, subject to all necessary legal approvals for such extension of time. In the event that the Municipality fails to complete the scope of work set forth in Schedule "A" and submit proof of such completion to the County in a timely manner as set forth herein, including any twelve (12) month extension agreed to between the parties, it shall remit all funds disbursed hereunder to the County within thirty (30) days of receipt of written request from the County unless an extension of time for completion is mutually agreed to between the parties, subject to all necessary legal approvals for said extension of time. Section 3.1. In connection with the Project, the Municipality shall obtain all required approvals and permits and promptly execute and comply with all statutes, ordinances, rules, orders, regulations, codes and requirements of the Federal, State, County and municipal governments of the County. The Municipality shall also comply with any and all sanitary rules and regulations of the State and County Health Departments and with the State Environmental Quality Review Act. The Municipality shall comply with the aforementioned statutes, ordinances, rules, orders, regulations, Page 32 of 254 codes and requirements in its implementation of the Project including, but not limited to management, operation, maintenance and supervision of same. ARTICLE IV FAIR AND AFFORDABLE HOUSING CONDITIONS Section 4.0. The Municipality hereby commits to the County that it is in compliance with the terms and conditions set forth in the County's Discretionary Funding Policy annexed hereto and forming a part hereof as Schedule "E" or has submitted documentation to the satisfaction of the County that the Municipality is not considered an eligible municipality under these requirements. Section 4.1. As further consideration for the County's financial contribution toward the Project, the Municipality certifies that it has adopted municipal zoning code provisions and/or policies which reflect the guidance provided in the Model Ordinance Provisions and the Municipality is committed to affirmatively further fair housing, including a ban on local residency requirements and preferences and other selection preferences that do not affirmatively further fair housing, except to the extent provided in the Model Ordinance Provisions. Section 4.2. The Municipality agrees to offer to the County a Right of First Refusal to retain and/or purchase any and all land acquired in rem to be used for housing that affirmatively furthers fair housing ("AFFH"). Section 4.3. The Municipality agrees to actively affirmatively further fair housing through its land use regulations and other affirmative measures to assist the development of affordable housing. Section 4.4. The Municipality further agrees to market housing units that affirmatively further fair housing in accordance with Westchester County's Affirmative Fair Housing Marketing Plan throughout the period of affordability. Section 4.5. Nothing in this Agreement is intended to affect the County's interest in the Project or release the Municipality from its obligations under the law with respect to affordable AFFH units. Section 4.6. Should the Municipality fail to abide by any of the above conditions, the Municipality shall, upon thirty (30) days written notice by the County, refund any funds paid to the Municipality under this Agreement. Page 33 of 254 ARTICLE V ACCOUNTING Section 5.0. The Municipality shall cause accurate records and books of account to be maintained in which shall be entered all matters relating to this Agreement, including all liabilities thereof and all expenditures, and payments to any and all contractors or subcontractors involved in the Project. Such books and records shall be maintained in accordance with generally accepted accounting principles, consistently applied and shall be kept at a location within Westchester County. The Municipality will provide the County with documentation, upon the County's request, in order to verify same. The County shall have the right to audit, inspect, examine and copy such books and records of the Municipality at all reasonable times during normal business hours at the office of the Municipality. The County's audit rights hereunder extend to all documents, reports, and records which relate to the Municipality's commitment to affirmatively further fair housing as described in Article IV herein. ARTICLE VI NOTICES Section 6.0. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier, (with acknowledgement received and a copy of the notice sent by registered or certified mail, postage pre-paid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following: To the County: Commissioner Department of Planning County of Westchester 148 Martine Avenue White Plains, New York 1060 Commissioner Department of Public Works and Transportation County of Westchester Page 34 of 254 148 Martine Avenue White Plains, New York 10601 with a copy to: County Attorney County of Westchester 148 Martine Avenue Room 600 White Plains, New York 10601 To the Municipality: The Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York, 10543 with a copy to: Page 35 of 254 ARTICLE VII INDEMNIFICATION Section 7.0. To the fullest extent permitted by law, the Municipality shall defend, indemnify and hold harmless the County, its elected officials, officers, employees and agents (the "Indemnitees") from and against, any and all liability, damage, claims, demands, costs,judgments, fees, attorney's fees or loss arising directly or indirectly from the Project, including any which may arise from a change in applicable laws, rules and regulations, that may be imposed upon or incurred by or asserted against any of the Indemnitees by reason of any of the following: (a) Work. Any construction, repair, alteration, addition, replacement, restoration or improvement work done by or on behalf of the Municipality in, on or about the Project or any part thereof, (b) Use. The use, occupation, condition, operation, maintenance, management, supervision or development of or providing security for all or any portion of the Project, or the affected portion thereof, by or on behalf of the Municipality, including without limitation, any liability with respect to the any violations imposed by any governmental authorities in respect of any of the foregoing; (c) Act or Failure to Act of Municipality. Any act performed by, or any failure to perform any act required to be performed by the Municipality, a third parry under the direction or control of the Municipality, or any of the Municipality's officers, agents, contractors, servants, employees, lessees or invitees in connection with this Agreement or the Project; (d) Accidents, Injury to Person or Property. Any accident, injury, (including death at any time resulting therefrom) or damage to any person, including, without limitation, employees of the Municipality or any Indemnitee, or property occurring in, on, or about the Project or any part thereof, or (e) Breach of Municipality's Obligation._ Any failure or refusal on the part of the Municipality to perform its obligations pursuant to this Agreement. (f) Municipality's Obligations._ The Municipality's failure, within any applicable grace period, to perform or comply with any of the covenants, terms or conditions contained in this Agreement on the Municipality's part to be kept, observed, performed or complied with within any applicable grace period. Page 36 of 254 Section 7.1. The Municipality hereby further acknowledges and agrees that it shall defend, indemnify and hold harmless the County for any "Environmental Damages" to the Property. "Environmental Damages" shall mean all claims, damages, demands losses, penalties, fines, fees, liabilities (including strict liability), encumbrances, liens, costs and expenses of investigation and defense of any, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including, without limitation, reasonable attorney's fees and disbursements and consultants' fees, any of which are incurred as the result of the existence of"Hazardous Material" or "Hazardous Waste" upon, beneath, or about the Property or migrating or threatening to migrate to or from the Property, or the existence of a violation of"Environmental Requirements" pertaining to the Property, regardless of whether the existence of such "Hazardous Materials" or "Hazardous Waste" or the violation of"Environmental Requirements" arose prior to the Municipality or County's ownership of the Property, including, without limitation: (i) damages for personal injury, or injury to Property or natural resources occurring upon or off the Property, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition or rebuilding of any improvements of real property, interest and penalties; (ii) fees incurred for the service of attorneys, consultants, contractors or experts, laboratories and all other costs incurred in connection with the investigation or remediation of such "Hazardous Materials" or "Hazardous Waste" or violation of "Environmental Requirements" including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or reasonably necessary to make the full use of the Property or any other property or otherwise expended in connection with such conditions; and (iii) liability to any third person or governmental agency to indemnify such person or agency for the costs expended in connection with the items referenced in subparagraph (ii) herein; (iv) diminution in the value of the Property and damages for loss of business and restriction on the use of the Property or any part thereof. Page 37 of 254 Section 7.1.a. Definitions. For the purposes of this Agreement, the following definitions shall apply: (1) "Hazardous Materials" or"Hazardous Waste" shall mean any substance: (i) the presence of which requires investigation or remediation under any federal, state, or local statute, regulation, ordinance, order, action,policy or common law; or (ii) which is or becomes defined as a hazardous waste, hazardous substance,pollutant or contaminant under any federal, state or local statute, regulation, rule, or ordinance or amendments thereto including, without limitations, the United States Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 USC §9601 (14) 42 USC §9602 and any "hazardous waste" as defined in or listed under the United States Solid Waste Disposal Act, as amended, 42 USC §6901(5), 42 USC §6921; or (iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board or instrumentality of the United States, the State of New York or any political subdivision thereof, or (iv) the presence of which, on the Property, causes or threatens to cause a nuisance on the Property or to nearby properties or poses or threatens to pose a hazard to the health and safety of persons on, about or nearby the Property; or (v) the presence of which on nearby properties would constitute a trespass by the owner of the Property; or (vi) without limitation which contains gasoline, diesel fuel, or other petroleum hydrocarbons; or (vii) without limitation which contains polychlorinated bipheynols (PCBs), asbestos, or urea formaldehyde foam insulation. (2) "Environmental Requirements" shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all government agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, the State of New York and the political subdivisions thereof, and all applicable judicial, administrative, and regulatory decrees,judgments, and orders relating to the protection of human health or the environment. Section 7.2. The Municipality shall promptly notify the County in writing of any claims made or any suits instituted against the Municipality of which it has knowledge arising from its performances hereunder or in connection with this Agreement or in connection with the Project. Page 38 of 254 Section 7.3. In the event the Municipality does not provide the above defense and indemnification to the County, and such refusal or denial to provide the above defense and indemnification is found to be in breach of all or part of this Article, then the Municipality shall reimburse the County's reasonable attorney's fees incurred in connection with the defense of any action, and in connection with enforcing all or part of this Article of the Agreement. Section 7.4. This Article shall survive termination or expiration of this Agreement. ARTICLE VIII MISCELLANEOUS Section 8.0. Any purported delegation of duties or assignment of rights under this Agreement without the prior express written consent of the County is void. Section 8.1. The Municipality shall submit documentation to the County demonstrating compliance with the State Environmental Quality Review Act and its implementing regulations ("SEQR"), including those activities that have been determined not to constitute an action as defined by SEQR or activities determined to be Type II actions as defined by SEQR. The Municipality shall act as the lead agency for meeting the requirements of SEQR for any Unlisted or Type I action that is undertaken pursuant to this Agreement, unless otherwise directed by the Planning Commissioner. The Municipality shall include the County as an Involved Agency (as defined in SEQR) in all matters relating to SEQR and conduct a coordinated review where applicable. Section 8.2. The failure of the County to insist upon strict performance of any term, condition or covenant herein shall not be deemed a waiver of any rights or remedies that the County may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions or covenants herein. Section 8.3. It is mutually understood and agreed that the terms, covenants, conditions and agreements herein contained shall be binding upon the parties hereto and upon their respective successors, legal representatives and assigns. Section 8.4. This Agreement and its attachments constitute the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all previous negotiations, Page 39 of 254 commitments and writings. This Agreement shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties, and approved by the Office of the County Attorney. Section 8.5. It is recognized and understood that the Municipality is not an agent of the County and in accordance with such status, the Municipality, its consultant(s), its subcontractor(s), and their respective officers, agents, employees, representatives and servants shall at all times during the term of this Agreement neither hold themselves out as, nor claim to be acting in the capacity of officers, employees, agents, representatives or servants of the County, nor make any claim, demand or application for any right or privilege applicable to the County, including without limitation, rights or privileges derived from workers compensation coverage, unemployment insurance benefits, social security coverage and retirement membership or credit. Section 8.6. The Municipality shall comply with the insurance requirements contained in Schedule "C" entitled "Standard Insurance Provisions," attached hereto and made a part hereof. The Municipality may, in lieu of procuring and maintaining the aforesaid insurance, elect to obtain such coverage through a program of self-insurance, which coverage and program shall be in accordance with generally accepted standards for similarly situated entities. In addition to the foregoing, the Municipality shall contractually ensure that all of its contractors, subcontractors and/or independent contractors (individually a "Contractor" or collectively, the "Contractors") that are engaged to construct the Project shall provide such insurance coverage as described in Schedule "C" naming as additional insured, the Municipality and the County and their respective officials (elected or otherwise), officers, employees and agents (collectively the "Additional Insureds"). The Municipality shall require, before the Project commences that each such insurance policy be endorsed to contain the following clauses: (a) the insurer shall have no right to recovery or subrogation against the Additional Insureds (including their respective officials (elected or otherwise), officers, employees and agents), it being the intention that the insurance policy shall protect both the insured and the Additional Insureds and be primary coverage for any and all losses covered by such insurance; (b) the clause "other insurance provisions" in any such insurance policy shall not apply to the Additional Insureds or their insurance policies; (c) the insurer issuing the policy shall have no recourse against the Additional Insureds (including their respective officials (elected or otherwise), officers, employees and agents) for payment of any premiums or for assessments under any form of policy; and (d) any and all deductibles Page 40 of 254 in such insurance policy shall be assumed by and be for the account of, and at the sole risk of the Contractor. Section 8.7. This Agreement shall not be enforceable until signed by all parties and approved by the Office of the County Attorney. Section 8.8. In the event that any one or more provisions, sections, subsections, clauses or words of this Agreement are for any reason held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, but this Agreement shall be construed and enforced as if such illegal or invalid section, subsection, clause or word has not been contained herein. Section 8.9. This Agreement shall be deemed executory only to the extent of funds appropriated and made available for the purpose of this Agreement and no liability on account thereof shall be incurred by the County beyond the amount of such appropriated funds. Section 8.10. All covenants, stipulations, promises, agreements and obligations of the Municipality and the County contained herein shall be deemed to be stipulations, promises, agreements and obligations of the Municipality and the County and not of any member, officer or employee of the Municipality or the County in his/her individual capacity and no recourse shall be had for any obligation or liability herein or any claim based thereon against any member, officer or employee of the Municipality or the County or any natural person executing this Agreement. Section 8.11. The parties represent that they have all requisite power and authority to execute, deliver and perform this Agreement, and this Agreement has been duly authorized by all necessary action on the part of the parties. The parties each agree to execute and deliver such further instruments and to seek such additional authority as may be required to carry out the intent and purpose of this Agreement, including providing the County with any necessary property interests in the Project in order for the County to fund the Project. Section 8.12. This Agreement may be executed in two or more counterparts and all counterparts so executed shall for all purposes constitute one agreement binding upon all the parties hereto. Section 8.13. Nothing in this Agreement shall act to confer third-party beneficiary rights on any person or entity not a party to this Agreement. Section 8.14. The headings in this Agreement are for reference purposes only and shall not be used in construing the terms of this Agreement. Page 41 of 254 Section 8.15. The Municipality agrees to comply with the terms set forth in Schedule "D", attached hereto and made a part hereof, regarding Vendor Direct Payment Terms. Section 8.16. The Municipality hereby acknowledges that any provision of this Agreement which requires consent of the County shall be subject to receipt by the County of any and all necessary legal approvals. Section 8.17. No director, officer, employee, agent or other person authorized to act on behalf of the County shall have any personal liability in connection with this Agreement or any failure of the County to perform its obligations hereunder. No director, officer, employee, agent or other person authorized to act on behalf of the Municipality shall have any personal liability in connection with this Agreement or any failure of the Municipality to perform its obligations hereunder. Section 8.18. The Municipality agrees to allow the County reasonable access to the Project, during normal business hours, to permit inspection and observation of the Project. The Municipality may require the County to provide reasonable notice prior to such inspection and observation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. COUNTY OF WESTCHESTER By: Norma Drummond Commissioner of Planning TOWN OF MAMARONECK By: (Name and Title) Approved by the Board of Legislators of the County of Westchester by Act No. 92-2022 on the 1st day of August, 2022 Approved by the Town Board of the Town of Mamaroneck on the day of , 2022. Approved as to form and manner of execution: Page 42 of 254 Sr. Assistant County Attorney County of Westchester Page 43 of 254 MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On the day of in the year 20 before me, the undersigned, a Notary Public in and for said State,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Signature and Office of individual taking acknowledgment Page 44 of 254 CERTIFICATE OF AUTHORITY I, , (Officer other than officer signing contract) certify that I am the of (Title) the (the"Municipality") a municipal corporation duly organized and in good standing under the (Law under which organized, e.g., the New York Business Corporate Law) named in the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution (Title of such person) of the Municipality and that said agreement was duly signed for and on behalf of said Municipality by authority of its Board of , thereunto duly authorized and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On this day of , 20 , before me personally came , whose signature appears above, to me known, and known to me to be the of (Title) , the Municipality described in and which executed the above certificate, who being by me duly sworn did depose and say that he/she, the said of said Municipality resides at , and that he/she signed his/her name hereto by order of the Board of of said Municipality. Notary Public County of Page 45 of 254 SCHEDULE "A" SCOPE OF WORK The Scope of Work for the Project shall include any work associated with the following tasks. Funds may be moved between tasks, subject to prior review and approval by the County. Reimbursements will be made in accordance with the requirements and procedures specified in this agreement. The total amount reimbursed by the County shall not exceed the maximum amount stated herein. Project Description: The replacement of the existing bridge across the Sheldrake River located on Waverly Avenue. This will encompass all aspects of demolition and removal of the existing structure, construction/installation of new culverts and associated structures, rehabilitation of the existing roadway, and restoration of the stream channel. The project scope will also include acquisition of necessary rights-of-way, construction inspection, and preparation of any incidental design and construction plans and specifications to ensure full project implementation. TASK TOTAL AMOUNT 50% Design & ROW Incidentals $268,772 $134,386 RO W Ac uisition $25,300 $12,650 Construction $3,525,900 $1,762,950 Construction Inspection $350,000 $175,000 TOTAL COST 4,169,972 $2,084,986 Page 46 of 254 SCHEDULE `B" EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made the day of , 2023, by THE TOWN OF MAMARONECK, a municipal corporation organized and existing under the laws of the State of New York having an office and place of business at 740 West Boston Post Road, Mamaroneck, New York 10543 ("Grantor"); and THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred to as the "County" and/or the "Grantee") WITNESSETH: WHEREAS, Grantor is the owner of the fee title of that certain portion of real property located in the Town of Mamaroneck, New York known as the Waverly Avenue Bridge, located on Waverly Avenue just west of the intersection of Waverly Avenue and Plaza Avenue, which real property is more particularly described in schedules "B-1" and"B-2"which are annexed hereto and made a part hereof(the"Subject Property"). That the Grantor in consideration of the sum of One ($1.00) Dollar lawful money of the United States, paid by the Grantee, receipt of which is hereby acknowledged, does hereby grant and release unto the Grantee, its successors and assigns, a non-exclusive easement (the "Easement") in, on, over, under and through the Subject Property, as more particularly described in schedules "B-l" and "B-2," which are attached hereto and made a part hereof, for the purpose of accessing certain improvements known as the Project consisting of flood mitigation improvements and described in a separate Inter-municipal Agreement of even date between the Grantor and Grantee, to construct, operate, maintain, repair, replace, inspect, or restore the Project. The Easement granted herein is subject to the following restrictions: The Grantor covenants that, until such time as the Bonds (defined below) have matured or been fully redeemed, neither it, nor its successors or assigns, shall do anything, or allow anything to be done, which in the reasonable opinion of the County would injure, endanger, impede use of or impair the Project in any material respect, or the operation thereof, located within the Easement, The Grantor acknowledges that the easement rights of the County granted herein regarding the Project Improvements constructed in, on, over, under or through the Easement shall encumber such Project Improvements for so long as the bonds of the Page 47 of 254 County (the 'Bonds"), which made funds available for said Project are outstanding, pursuant to the terms of the certain inter-municipal agreement by and between the Municipality and the County of even date herewith. The Grantee shall not interfere with or disturb the construction, use, operation, maintenance or repair of any improvements now or hereafter situated within or upon the Project property. The Easement shall run with the land and the provisions contained herein shall be binding upon and inure to the benefit of and be enforceable by the County, its successors and assigns until the Bonds have matured or been fully redeemed. TO HAVE AND TO HOLD the Easement granted herein unto the County, its successors and assigns, until such time as the Bonds have matured or been fully redeemed. IN WITNESS WHEREOF, the Grantor has executed this instrument the day and year first above written. TOWN OF MAMARONECK By: COUNTY OF WESTCHESTER By: Record and Return to: Page 48 of 254 MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On the day of in the year 20 before me, the undersigned, a Notary Public in and for said State,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Signature and Office of individual taking acknowledgment COUNTY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On the day of in the year 2021 before me, the undersigned, a Notary Public in and for said State,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Signature and Office of individual taking acknowledgment Page 49 of 254 SCHEDULE `B-1" EASEMENT BOUNDARY Ole x qP Rs Ida _---------------------- pw ® a w w wig y ; P4 y 1 3z I D € � qh \ '4` Si Y 1+5p Ed u tl o� o Lr � 3.c-esaa.iss c'� - •Ui55 I — IIII I W M+ W x I I 1 NNStl30M'f YiriXNI 1]3fOtld N16'eW!'f M]3X] L'iX]tl[tl'Y xNLJYtlO Ng5N�f1 T b3A N3fJ16[i 11 N9153tl ILSYi]Y'f tl39tlXYN NOf UTIN3tlilltl 9 MY'Ui tl3d15 N915101 �6P'���®3�NY9fH.3fM 3llf Page 50 of 254 SCHEDULE "B-2" EASEMENT DESCRIPTION LEGAL DESCRIPTION EASEMENT AREA WAVERLY AVENUE BRIDGE REPLACEMENT OVER THE SHELDRAKE RIVER Beginning at a point on the northeast corner of the Waverly Avenue and Plaza Avenue intersection, said point being North 47019'3.4" East a distance of 11.24 feet, measured from Baseline Point 301 of the hereinafter described survey baseline for the reconstruction of the Waverly Avenue Bridge over the Sheldrake River, said point also being on the boundary line between lands now or formerly owned by Village of Mamaroneck and lands now or formerly owned by Washingtonville Housing Alliance; thence along said boundary line North 37038'59.8" East a distance of 21 .26 feet to a point, said point also being on the aforementioned boundary line; thence through lands now or formerly owned by the Village of Mamaroneck North 52049'0" West a distance of 33.00 feet to a point, said point being on the boundary line between lands now or formerly owned by the Village of Mamaroneck and lands now or formerly owned by Montiero / Wilson; thence along said boundary line South 37038'53.0" West a distance of 20.09 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line North 39012'55.5" West a distance of 33.91 feet to a point, said point also being on the aforementioned boundary line; thence through lands now or formerly owned by the Village of Mamaroneck South 50051'57.4" West a distance of 55.46 feet to a point, said point being on lands now or formerly owned by the Village of Mamaroneck; thence continuing through lands now or formerly owned by the Village of Mamaroneck South 22019'9.1" East a distance of 41.43 feet to a point, said point being on the boundary line between lands now or formerly owned by the Village of Mamaroneck and lands now or formerly owned by 311 Waverly LLC; thence along said boundary line South 35027'47.5" West a distance of 19.46 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line South 32058'59.7" East a distance of 15.69 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line South 37017'29.4" West a distance of 5.91 feet to a point, said point also being on the aforementioned boundary line; Page 51 of 254 thence along said boundary line South 48055'49.5" East a distance of 2.76 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line South 37018'55.5" West a distance of 11 .08 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line South 41°20'1 .5" West a distance of 11 .89 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line South 39053'29.5" West a distance of 28.49 feet to a point, said point also being on the aforementioned boundary line; thence through lands now or formerly owned by the Village of Mamaroneck South 52022'32.9" East a distance of 59.81 feet to a point, said point being on the boundary line between lands now or formerly owned by the Village of Mamaroneck and lands now or formerly owned by First Pacific Realty Company LLC; thence along said boundary line North 41°4'10.5" East a distance of 76.29 feet to a point, said point being on the boundary line between lands now or formerly owned by the Village of Mamaroneck, lands now or formerly owned by First Pacific Realty Company LLC, and lands now or formerly owned by Sheldrake Station Development LLC / Maple Sheldrake LLC; thence along boundary line North 48015'0.0" West a distance of 9.92 feet to a point, said point being on the boundary line between lands now or formerly owned by the Village of Mamaroneck and lands now or formerly owned by Sheldrake Station Development LLC / Maple Sheldrake LLC; thence along said boundary line North 46030'49.9" East a distance of 19.56 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line North 45021'20.2" West a distance of 6.45 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line North 13039'48.7" West a distance of 16.60 feet to a point, said point also being on the aforementioned boundary line; thence along boundary line North 23057'14.8" East a distance of 41 .86 feet to a point, said point also being on the boundary line between lands now or formerly owned by Village of Mamaroneck, lands now or formerly owned by Sheldrake Station Development LLC / Maple Sheldrake LLC, and lands now or formerly owned by Washingtonville Housing Alliance; thence along boundary line lands North 45055'10.2" East a distance of 1 .91 feet to the point of beginning, said point also being on the boundary line between lands now or formerly owned by Village of Mamaroneck and lands now or formerly owned by Washingtonville Housing Alliance. Containing 11734.6 square feet, or 0.27 acres more or less. Page 52 of 254 SCHEDULE "C" STANDARD INSURANCE PROVISIONS (MUNICIPALITY) 1. Prior to commencing work, and throughout the term of the Agreement, the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. Municipality shall provide evidence of such insurance to the County of Westchester("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County ("Director"). The policies or certificates thereof shall provide that ten (10) days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Municipality shall upon notice to that effect from the County,promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the "County of Westchester" and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Municipality's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. Page 53 of 254 2 The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the Agreement): a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB- 120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE- 200, available to download at: http://www.wcb.ny.gov. If the employer is self-insured for Workers' Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). b) Commercial General Liability Insurance with a combined single limit of $1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the "County of Westchester" as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i. Premises - Operations. ii. Broad Form Contractual. iii. Independent Contractor and Sub-Contractor. iv. Products and Completed Operations. c) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and Aggregate naming the "County of Westchester" as additional insured, written on a"follow the form"basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County of Westchester for both on-going and completed operations. d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of$100,000 per occurrence for property damage or a combined single limit of$1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages and name the "County of Westchester" as additional insured: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. Page 54 of 254 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. (c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. Page 55 of 254 SCHEDULE "D" VENDOR DIRECT PAYMENT TERMS Westchester County Vendor Direct Program Frequently Asked Questions 1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER(EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There are several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure—Paper checks can be lost in the mail or stolen,but money deposited directly into your bank account is more secure. You save time—Money deposited into your bank account is automatic.You save the time of preparing and delivering the deposit to the bank. Additionally,the funds are immediately available to you. 2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS THEY WERE BEFORE VENDOR DIRECT? Yes. 3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND WHAT IT IS FOR? Under the Vendor Direct program you will receive an e-mail notification two days prior to the day the payment will be credited to your designated account. The e-mail notification will come in the form of a remittance advice with the same information that currently appears on your check stub, and will contain the date that the funds will be credited to your account. 5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received. 6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE E-MAIL? In the unlikely event that this occurs,please contact the Westchester County Accounts Payable Department at 914-995-4708. 7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted. Please contact the Westchester County Accounts Payable Department at 914-995-4708 and we will e-mail you a new form. 8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM,WHY MUST I HAVE IT SIGNED BY A BANK OFFICIAL IF I DON'T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments. Page 56 of 254 INSERT VENDOR DIRECT FORM Page 57 of 254 SCHEDULE "E" County's Discretionary Funding Policy attached hereto. WESTCHESTER COUNTY FAIR AND AFFORDABLE HOUSING IMPLEMENTATION PLAN August 9,2010 Annendix D-2(ii): Discretionary Funding Allocation Policy as approved January 10,2012 Page 58 of 254 DISCRETIONARY FUNDING POLICY In August 2009, Westchester County entered into a Stipulation and Order of Settlement and Dismissal in US. ex rel. Anti-Discrimination Center of Metro New York v. Westchester County,New York (the "Settlement Agreement"). Beginning on March 1, 2012, the grant of discretionary intermunicipal funding, including but not limited to County Open Space funds and CDBG funding, ("Discretionary Funding") to municipalities eligible under the Settlement Agreement ("Recipient Eligible Municipalities") shall be conditioned, as appropriate, upon the Recipient Eligible Municipality's commitment to affirmatively further fair housing within its borders. This policy does not apply to municipalities in Westchester County other than the Recipient Eligible Municipalities. Each Recipient Eligible Municipality shall be required to commit to the County, in writing,that it is in compliance with the following terms and conditions in connection with its commitment to affirmatively further fair housing: (a)Recipient Eligible Municipality has adopted municipal zoning code provisions and/or policies which reflect the guidance provided in the Model Ordinance Provisions approved pursuant to the Settlement Agreement and demonstrate a commitment by the Recipient Eligible Municipality to affirmatively further fair housing,including a ban on local residency requirements and preferences and other selection preferences that do notaffirmatively further fair housing,except to the extent provided in the Model Ordinance Provisions; (b)Recipient Eligible Municipality will offer the County a Right of First Refusal to retain and/or purchase any and all land acquired in rem to be used for housing that affirmatively furthers fair housing; and (c)Recipient Eligible Municipality will actively further implementation of the Settlement Agreement through its land use regulations and other affirmative measures to assist the development of affordable housing. Such commitments by Recipient Eligible Municipality shall be stated in the funding agreement between the County and the Recipient Eligible Municipality. The funding agreement will also provide that housing units that affirmatively further fair housing must be marketed in accordance with Westchester County's Affirmative Fair Housing Marketing Plan approved pursuant to the Settlement Agreement,throughout the period of affordability. Applications for Discretionary Funding submitted by non-municipal entities will be reviewed to determine whether or not such entity is acting as an agent of a municipality for purposes of the project for which funding is sought. If such entity is deemed to be acting in the capacity of agent for a municipality, the application will be subject to a review of the agent-municipality's compliance with the policy of affirmatively farthering fair housing stated above. The determination as to whether an agency relationship exists will be based on the principles of law relating to agency relationships in New York State, and the fact that the non-municipal entity/applicant may be required by local municipal codes to obtain municipal approvals or abide by municipal processes for such approvals in connection with such application will not be determinative of the agency relationship. Westchester County will provide notice of all non-municipal applications for funding to the local municipality in which the funding is proposed to be spent. Page 59 of 254 The County's audit rights under any grant of or funding agreement for Discretionary Funding will extend to all documents, reports, and records which relate to the Recipient Eligible Municipality's commitment to affirmatively further fair housing as described herein. Should Recipient Eligible Municipality fail to abide by any of the above conditions, Recipient Eligible Municipality will be obliged,upon thirty (30) days written notice by the County to refund any Discretionary Funding paid to the Recipient Eligible Municipality. Page 60 of 254 i " F 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: Government Operations Climate Action Plan (GOCAP) Date: February 9, 2023 Attached is a resolution for the Town Board to consider the development of a government operations climate action plan, as more fully discussed in the resolution, at no cost to the Town. Action Requested: Resolved that the Town Board hereby adopts the proposed resolution to consider developing a government operations climate action plan and hereby authorizes the Town Administrator to execute any related documents necessary to carry out its implementation. Attachment/s: Resolution to Consider a Government Operations Climate Action Plan Page 61 of 254 RESOLUTION TO CONSIDER DEVELOPING A GOVERNMENT OPERATIONS CLIMATE ACTION PLAN WHEREAS,the Town of Mamaroneck pledged to take part in the NYS DEC Climate Smart Communities Certification; and WHEREAS, a Government Operations Climate Action Plan is an action within the Climate Smart Community Certification and a strategy document that sets goals and outlines a set of initiatives that reduce greenhouse gas emissions and provides a framework for achieving those targets; and WHEREAS, free technical assistance is available to support the development of the inventory and plan from the Hudson Valley Regional Council(HVRC)through a NYS DEC Climate Smart Communities Coordinator Services contract; and WHEREAS, a completed climate action plan counts toward Climate Smart Communities certification,specifically; 1)PE2 Action: Government Operations Climate Action Plan; and WHEREAS,the Climate Smart Task Force,comprised of municipal officials and environmental volunteer community leaders,will collaborate with HVRC in the development of these publications, review drafts, and provide valuable feedback on iterations that result in the final draft; and WHEREAS,the task force will provide an opportunity for public input and comment on the draft report after the Town has reviewed it and approved it going out for public review; and WHEREAS,the task force will present a summary of the draft government operations climate action plan to the Town Board for consideration of adoption; NOW THEREFORE BE IT RESOLVED,that the Town Board hereby agrees to consider developing Government Operations Climate Action Plan for Town Board review and approval; and BE IT FURTHER RESOLVED,if and when adopted by the Town Board,the Municipal Board authorizes submission of these documents to the NYS DEC Office for Climate Change for consideration of points toward Climate Smart Communities certification for the Town of Mamaroneck. Page 62 of 254 i " F 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: Connie Green O'Donnell, Deputy Town Administrator Re: Part-time, Seasonal and Part-time Availability - 2023 Salary Schedule Date: February 3, 2023 The salary schedule mentioned above is done annually. However,we have just gone through a process with department heads to review current part-time actual salaries to be sure they were consistent with "the going rate" for similar work in other communities. As a matter of practice, from now on, we will review this schedule and budget for some level of annual or bi-annual increases for these positions on a regular and consistent basis. This will allow us to stay competitive in a very tight labor market. Action Requested: Resolved that the Town Board hereby approves the Part-time, Seasonal and Part-time Availability Salary Schedule for 2023, retroactive to January 1,2023. Page 63 of 254 Town of Mamaroneck Administrator, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckNY.org Date: January 20, 2023 To: Meredith Robson, Town Administrator From: Connie Green O'Donnell, Deputy Town Administrator Subject: Part-time, Seasonal and Part-time Availability - 2023 Salary Schedule General: The enclosed Part-time, Seasonal and Part-time Availability Salary Schedule reflects the 2023 salary ranges for the job titles listed. The salary ranges indicated were used in formulating the 2023 Town Budget that was adopted in December. Any proposed salary increase would be retroactive to January 1, 2023. Town Board authorization is required in order to continue the practice of hiring part-time, seasonal and part-time availability employees without having to obtain individual approval from the Town Board during the calendar year, provided their title is listed and the salary falls within the range indicated or below. Attachments: Part-time, Seasonal and Part-time Availability - 2023 Salary Schedule Page 64 of 254 ' Town of Mamaroneck New York Part-time, Seasonal & Part-time Availability Salary Schedule 2023 Hommocks Day Camp Director $8,000 - $14,500/season Assistant Director $4,600 - $10,500/season Unit Leaders $2,800 - $6,700/season Specialist/EMT $2,200 - $6,000/season Counselor/Lifeguard $1,500 - $5,000/season Custodian $1,000 - $4,500/season Hommocks Day Camp Breakfast Club & Extended Day Director $1,000 - $3,500/season Specialist $800 - $1,400/season Counselor $1,200 - $1,600/season Pre School Camp Director $3,800 - $8,500/season Assistant Director $2,600 - $6,000/season Unit Leader $1,200 - $5,400/season Specialist/EMT $1,200 - $4,500/season Counselor $800 - $3,000/season Hommocks Pool Manager/CPO $16.00 - $35.00/hr. Lifeguard $10.00 - $30.00/hr. Key Attendant $9.00 - $25.00/hr. Swim Instructor $12.00 - $60.00/hr. Early Morning Swim Lifeguard $30.00 - $40.00/session Matron/Custodian $14.00 - $25.00/hr. Head Coach $9,000 - $12,000/season Assistant Coach $2,100 - $7,000/season 1 Page Page 65 of 254 Diving Coach $4,500 - $9,000/season Aqua Jog/Aqua Zumba Instructor $50.00 - $80.00/session Lifeguard Instructor $25.00 - $50.00/hr. Program Instructors Kayak Instructor $15.00 - $40.00/hr. Paddleboard Instructor $50.00 - $90.00/hr. Cooking Instructor $45.00 - $55.00/hr. Dance Instructor $50.00 - $75.00/hr. Art Instructor $50.00 - $75.00/hr. Music/Movement Instructor $50.00 - $75.00/hr. Fashion/Sewing/Beading Instructor $70.00 - $120.00/hr. Fitness Instructor $50.00 - $75.00/hr. Volleyball Instructor $40.00 - $80.00/hr. Men's Basketball Instructor $40.00 - $80.00/hr. Ice Hockey Instructor $8.00 - $40.00/hr. Ice Hockey Director $40.00 - $75.00/hr. Trivia Instructor $50.00 - $85.00/hr. Youth Instructor $25.00 - $50.00/hr. Ice Rink Alternate Manager $16.00 - $40.00/hr. Recreation Supervisor $20.00 - $25.00/hr. Cashier $14.00 - $25.00/hr. Custodian $14.00 - $20.00/hr. Skate Guard $12.00 - $17.50/hr. Skate Room Attendant $12.00 - $15.00/hr. Floor Changeover $20.00 - $40.00/hr. Skating School Skating School Director $17,000 - $25,000/season Skating School Instructor $8.00 - $30.00/hr. Concerts Crossing Guard $60.00 - $75.00/event Memorial Park Park Attendant $12.00 - $18.00/hr. Park Maintenance Aid $12.00 - $30.00/hr. 2 Page Page 66 of 254 Senior Center Recreation Attendant $15.00 - $28.00/hr. Bus Driver $21.00 - $27.00/hr. Recreation Assistant $20.00 - $30.00/hr. Food Service Helper $20.00 - $25.00/hr. Ambulance District Paramedic $38.00 - $45.00/hr. EMT $23.00 - $27.00/hr. Community Services Recreation Assistant $25.00 - $27.00/hr. Police Department Parking Enforcement Officer $22.00 - $26.00/hr. School Crossing Guard $60.00 - $90.00/day Court Court Attendant $42.00 - $47.00/hr. Assistant Court Clerk $22.00 - $25.00/hr. Miscellaneous Intermediate Account Clerk $20.00 - $35.00/hr. Intermediate Clerk $20.00 - $35.00/hr. Office Assistant $20.00 - $37.00/hr. Receptionist $20.00 - $25.00/hr. IT Support - Intern $15.00 - $25.00/hr. Engineering Aide $25.00 - $30.00/hr. Parking/Code Enforcement $35.00 - $40.00/hr. Laborer $18.00 - $40.00/hr. Mechanic $35.00 - $42.00/hr. 3 Page Page 67 of 254 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: Resolution to Designate Laserfiche Images of W-2's to Be the Official Town Record Date: February 6, 2023 There are numerous documents for which the Town Clerk is responsible. To the extent that we are legally permitted to either destroy or maintain in electronic format the documents, we should do so to preserve filling space and ensure that records can be more easily accessed. Therefore, it is my recommendation and that of the Town Clerk that the Town Board approve the following resolution. Action Requested: Resolved that the Town Board does hereby declare the W-2 records from 2001 - present held as scanned images maintained in Laserfiche to be the official record of the Town of Mamaroneck, and that the copies of the W-2 records (with the exception of the past 5 years of W-2 records) found in other formats, can be destroyed by the Records Management Officer in accordance with the Official Compilation of Codes, Rules and Regulations of the State of New York. Page 68 of 254 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 31, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Resolution to Designate Laserfiche Images of W-2's to Be the Official Town Record General: Laura DeMuro, Deputy Clerk, received the disposition form and the W-2's from 1995-2000 from Payroll. Before we can shred the W-2's it is necessary for the Town Board to pass a resolution making the 2001-current W-2's in Laserfiche the Official Town copy. The Town Board passed a similar resolution for budgets, so she has prepared the proposed resolution (see Requested Action) based on that. As is best practice, we will keep the paper copies of the W-2's on hand until this resolution is passed by the Town Board. Page 69 of 254 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: Review and Support of County Local Law Regarding Single-Use Foodware Date: February 8, 2023 Attached is a draft county local law entitled "Single-Use Foodware" for which MHS "Students for Sustainable Solutions" are requesting Town Board support. These students will be making a short presentation at Wednesday's Board meeting. Action Requested: The Town Board hereby declares its support for the attached Westchester County local law entitled "Single-Use Foodware" by adopting the resolution presented by the "Students for Sustainable Solutions". Attachment/s: Single-Use Foodware Proposal TOM Resolution LL - Single Use Foodware Page 70 of 254 From: Katherine Looa To: Enev.Jaine Elkind Cc: Michael G;ienna haefelin; Marion Karp; Larissa Bertini Subject: Presenting at Upcoming Meeting/Work Session Date: Wednesday, February 1,2023 6:25:04 PM Attachments: LL-Sinale Use Foodware-DRAFT 3.pdf TOM Resolution .pdf Dear Supervisor Elkind-Eney, We hope this email finds you well. We are writing to ask for the opportunity to present to the Mamaroneck Town Council the results of our effort to promote a reduction of the amount of single-use plastic locally. We also hope the Town Council will pass a resolution supporting Westchester County's Single- use Foodware law, which is quite similar to the "Upon Request Only" policy we described to you and Councilwoman Katz at last year's Earth Day celebration. You may recall that we facilitated a one month Pilot Project last June which saw four local restaurants give up plastic for a month and test out eco-friendly alternatives. As part of that initiative, we tested our "Upon Request Only" policy, wherein the participating restaurants provided diners with cutlery, napkins, and condiment packets at the diner's request. We would like to share the results of the Pilot Project with your board. We have been in touch with Westchester County Legislators Nancy Barr and Erika Pierce, who are co-sponsors along with Catherine Parker and others of legislation to implement a similar policy throughout Westchester. Attached is a draft of the County's Single-use Foodware Law legislation. Because of the many benefits which flow to restaurants, dine-in and take-out diners, and the environment, we want to do our part to ensure that this legislation gets passed. County Legislators Barr and Pierce told us that any support for the legislation from municipalities within Westchester would be helpful to their efforts. In response, we have drafted a proposed resolution, which is attached, that we hope will be passed by your board to show Mamaroneck's support for this important legislation. We have previously met with the Town Sustainability Collaborative, the Larchmont Environmental Committee, and the Village of Larchmont Board, which passed a similar resolution a few weeks ago. We are aware that you have a Board meeting on Wednesday February 15, and we are Page 71 of 254 hoping it will be possible to present the results of our work and also to advocate in support of the Single-use Foodware law. If so, we would be available to do so at either your work session or public meeting. Thank you for letting us know if that would be possible and also for your support of our efforts throughout our project. Sincerely, Students for Sustainable Solutions Marion Karp, Larissa Bertini, Katie Loga Page 72 of 254 RESOLUTION RECOMMENDING PASSAGE OF WESTCHESTER COUNTY'S SINGLE-USE FOODWARE LAW (*DATE*) WHEREAS the County Board of the County of Westchester has drafted proposed legislation to be included as Chapter 542 of the Laws of Westchester, and referenced as the "Single-use Foodware Law." Upon its passage, restaurants throughout Westchester County would operate under the policy and would be restricted from automatically providing single-use foodware, beverage stirrers, splash sticks, and condiment packets to customers; those items would be available to dine-in or take-away customers at their request; and WHEREAS credible scientific research has exposed the real dangers of plastic consumption on the environment, local ecosystems and human health; and WHEREAS a recent study in the Village of Larchmont has shown that restricting the distribution of these items in the manner proposed has a manageable and overall positive effect on the day-to-day operations of food establishments, and that residents strongly support the effort to reduce single-use plastic consumption in this community; and WHEREAS the legislation that Westchester County is proposing targets a significant and meaningful component of plastic waste generated in the take-out food industry in a manner which is reasonable and has broad support; and WHEREAS the Town of Mamaroneck has a history of adopting impactful eco-friendly policies and is committed to supporting Westchester County's single-use foodware law. NOW THEREFORE BE IT RESOLVED that the Town of Mamaroneck encourages the Westchester County Board of Legislators and the County Executive to enact the Single-Use Food law and to continue taking steps to understand and to address the long-term health and ecosystem impacts of single-use plastics in Westchester communities. Page 73 of 254 LOCAL LAW INTRO. NO. -2023 A LOCAL LAW amending the Laws of Westchester County by adding Chapter 542 regarding single-use foodware, beverage stirrers, and splash sticks. BE IT ENACTED by the County Board of the County of Westchester as follows: Section 1. A new Chapter 542 is hereby added to the Laws of Westchester to read as follows: CHAPTER 542 Single-use Foodware Law Sec. 542.01. Short title. Sec. 542.11. Definitions. Sec. 542.21. Restrictions. Sec. 542.31. Ordering Option Requirements. Sec. 542.41. Posting of Signs. Sec. 542.51. Exemptions. Sec. 542.61. Enforcement and penalties. Sec. 542.71. Construction. Sec. 542.81. Severability. Sec. 542.01. Short title. This title shall be known as and may be cited as the "Single-use Foodware Law." Sec. 542.11. Definitions. 1. `Beverage splash stick"shall mean a device primarily intended to be used to keep heat and liquid from escaping a lidded cup. 2. `Beverage stirrer" shall mean a device primarily intended to be used by a person for the purpose of stirring beverages. Page 74 of 254 3. "Condiment packet" shall mean an individual single-use container, sealed by the manufacturer or a food service establishment, containing a sauce or other substance used to enhance the flavor of food, which may include, but need not be limited to, mustard, ketchup, mayonnaise, soy sauce, hot sauce, salt,pepper, and salad dressing. 4. "Dine-in" shall mean food or beverage provided by a food service establishment to be consumed on the premises of such food service establishment. 5. "Electronic orders" shall mean food or beverage orders made through the website, mobile phone application, or other digital platform of a food service establishment or third-party food delivery service. 6. "Food service establishment" shall have the same meaning as provided in Section 873.420.1(1)(c) of the Laws of Westchester County. 7. "Plastic" shall mean a synthetic material made from organic polymers, including, but not limited to, polypropylene and polystyrene, that can be molded into shape while soft, and then set into a rigid or slightly elastic form. 8. "Self-service station" shall mean a designated area or mechanical dispenser in a food service establishment where customers may help themselves to single-use foodware or condiment packets. 9. "Single-use foodware" shall mean any eating utensil or other item used as part of food or beverage service that is designed and intended by the manufacturer for only one use before being discarded, including, but not limited to, forks, spoons, sporks, knives, chopsticks, beverage straws, cocktail sticks, toothpicks, napkins, wet-wipes, cup sleeves, beverage trays, beverage lids, empty plates, empty bowls, and empty cups. For the purposes of this Chapter, "single-use foodware" exempts, and shall not include: (a) a beverage stirrer or Page 75 of 254 beverage splash stick, as defined in this Section, or(b) containers actively holding food or beverages for dine-in or take-away customers, such as plates, bowls, and cups. 10. "Take-away" shall mean food or beverage provided by a food service establishment to be consumed off the premises of such food service establishment, including same-day delivery or same-day pickup of food and beverages from food service establishments. 11. "Third-party food delivery service" shall have the same meaning as provided in Section 685.01(6) of the Laws of Westchester County_ Sec. 542.21. Restrictions. 1. No food service establishment shall provide single-use foodware or condiment packets to any dine-in or take-away customer, whether directly to such customer or through a third- party food delivery service, unless the customer requests such single-use foodware or condiment packets. 2. No food service establishment shall provide any single-use plastic beverage stirrer or single-use plastic beverage splash stick to any dine-in or take-away customer, whether directly to such customer or through a third-party food delivery service. 3. No food service establishment shall provide, in a self-service station or otherwise, single- use foodware or condiment packets that are bundled or packaged in a manner that prohibits a customer from taking only,type of single-use foodware item or condiment packet desired. Sec. 542.31. Ordering Option Requirements. 1. Food service establishments shall provide options to allow a customer to affirmatively request applicable single-use foodware or condiment packets when ordering dine-in or Page 76 of 254 take-out food and beverages across all ordering or point of sale platforms, including through in-person, telephone, and electronic orders. 2. The food service establishment shall coordinate with an,, t�party food delivery service as necessary to prompt the customer to affirmatively request single-use foodware or condiment packets as applicable. The default selected option for electronic orders shall be that no single-use foodware or condiment packets are requested. Sec. 542.41. Posting of Signs. 1. Each food service establishment that provides single-use foodware and/or condiment packets shall post at least one sign on its premises meeting the requirements of this Section. 2. Such sign shall be posted in a conspicuous area on the premises in a manner that is clearly visible to customers approaching a point of service. 3. The siin shall state as follows (except that items listed in the following that are not offered by the food service establishment shall not be included in the sign): "SINGLE-USE FOODWARE ITEMS SUCH AS PLASTIC STRAWS, UTENSILS, AND CONDIMENT PACKETS ARE AVAILABLE UPON REQUEST." 4. The si mn shall be at least two inches by seven inches,and text on the siwn shall be no smaller than 21-point font size and in a contrasting color to the background. 5. The sign shall be available for inspection at all times by the Department of Health. 6. The Commissioner of the Department of Health is authorized to design, create, and make available,through a website download or otherwise, signs that conform to the requirements of this Section. 4 Page 77 of 254 Sec. 542.51. Exemptions. The following situations are permitted under this Chapter and shall not constitute a violation of the Sec. 542.21 restrictions: 1. Food service establishments with counter service may allow customers to access a self- service station for single-use foodware and/or condiment packets, provided that such single-use foodware and/or condiment packets are not bundled or packaged in a manner that prohibits a customer from taking onlythe of single-use foodware item or condiment packet desired. 2. For take-away orders,food service establishments and/or third-party food delivery services may choose to include specific single-use foodware, such as beverage lids and beverage trays, in order to prevent spills and ensure safety. 3. Food service establishments may_provide single-use foodware or condiment packets that are prepackaged with or attached to any food or beverage products by the manufacturer prior to receipt by the food service establishment (for example, plastic straws attached to juice boxes, or a separate plastic container of dressing included within a larger salad container). 4. Food service establishments may provide single-use foodware or condiment packets with free or reduced-price meals as part of a charitable program or donation, including, without limitation, free or reduced-price meals provided by school systems, homeless shelters, and programs that deliver meals to the elderly. 5. Food service establishments may_provide single-use foodware items or condiment packets pursuant to a public health emergency declared by the New York State Governor, New 5 Page 78 of 254 York State Commissioner of Health, County Executive, County Board of Health, or any other authorized federal, state, or local official. 6. Hospitals, health-care facilities, and congregate care facilities (including, for the purposes of this Section, nursing homes, assisted living facilities, adult day cares, hospice facilities, rehabilitation facilities, correctional facilities, jails, juvenile justice facilities, and residential treatment centers) may provide single-use foodware or condiment packets to their patients and/or residents. Sec. 542.61. Enforcement and Penalties. 1. The Westchester County Board of Health is authorized to enforce the provisions of this Chapter in accordance with the enforcement provisions of Chapter 873 of the Laws of Westchester County (i.e., the Westchester County Sanitary). 2. Any food establishment that violates any provision of Section 542.21, 542.31, or 542.41 of this Chapter may be subject to a civil penally. Such penalty shall be in the amount of one hundred dollars($100)for the first violation,two hundred dollars($200)for the second violation committed on a different day within a period of twelve (12) months, and four hundred dollars ($400) for the third and each subsequent violation committed on different days within a period of twelve (12) months, except that the Westchester County Board of Health shall not issue a notice of violation,but shall issue a warning and provide a copy of this Local Law, for any violation that occurs within the first six months of the effective date of this Local Law. 3. No civil penalty shall be imposed as provided for herein unless the alleged violator has received notice of the violation and has had an opportunity to be heard. 6 Page 79 of 254 Sec. 542.71. Construction. No provision of this Chapter shall be construed or interpreted to limit or frustrate a food service establishment's lawful compliance with the New York State Sanitary Code, including 10 N.Y.C.R.R. § 14-1.97, or the Westchester County Sanitary Code, Chapter 873 of the Laws of Westchester County. Sec. 542.81. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 2. This Local Law shall take effect one-hundred-eighty (180) days after adoption. SCM-01/19/2023 7 Page 80 of 254 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: James Maher, Executive Lieutenant Re: Award of Bid- Police Uniform Cleaning Date: February 8, 2023 Action Requested: Resolved that the Town Board hereby awards the bid for Police Uniform Cleaning received and opened on January 13,2023 to Excelsior Cleaners of Larchmont for the individual net price of$4.28. Page 81 of 254 Town of Mamaroneck Police Department, Town Center c 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 jmaher@townofmamaroneckNY.org Date: February 8, 2023 To: Meredith Robson, Town Administrator From: James Maher, Executive Lieutenant Subject: Award of Bid- Police Uniform Cleaning General: Attached please find the articles of agreement for the police uniform cleaning contract. After proper notice and solicitation, the Town received one bid. The sole bidder is Excelsior Cleaners of Larchmont, NY. Excelsior is the current provider of cleaning services and has performed satisfactorily to date. The current contract charges $3.00 for each shirt and $3.00 for each pair of pants. The increase from $3.00 to $5.00 may appear high however it must be noted that the price has not been adjusted in several years. Additionally, the new $5.00 per shirt/pants is still below Excelsior's regular pricing. Added in to the agreement is pricing for jackets and dress blouses (coats). Currently, we are paying a la carte for those items. Cleaning of some jackets currently cost $25-30. With the new agreement, the cost is capped at$10.00 per item. The agreement is for a 12-month period with an option for a second 12-month period upon agreement of both parties. Attachment/s: Proposal for Contract#TA-22-14 Page 82 of 254 TOWN OF MAMARONECK WESTCHESTER COUNTY, NEW YORK CLEANING OF POLICE UNIFORMS CONTRACT#TA-22-14 ARTICLES OF AGREEMENT ,-,7,y_,u,4 7/-4A) �t'`�yFMA4J Aft-- doing (Print Name of Bidder) business as 6�ISIOIZ- ©,r-r ,494G41*Wv�T 1.+.�. (Company Name) of 192-0 A5 .qj ,Po (Address) hereby agrees to furnish services to the Town of Mamaroneck,Westchester County, New York in accordance with the Proposal, Information for Bidders and General Specifications which are attached to these Articles of Agreement and hereby made a part of this contract, (all of which contract documents the contractor acknowledges they have read and examined)and to accept in full payment for the services listed in the Proposal,accepted by the Town of Mamaroneck at the net price of.' _ "'Qe The Town of Mamaroneck, Westchester County, New York agrees to make payment in full for services accepted, after delivery within the time period specified. Upon the failure of the Contractor to perform in any manner, in accordance with the Proposals, Information for Bidders and Specifications,the Town has the right to cancel this contract. IN WITNESS WHEREOF, the Town of Mamaroneck has caused this contract to be executed by its duly authorized officers,who, however, incur no possible liability by reason of the execution thereof or of anything herein contained, and has hereunto set their hand and seal this day of TOWN OF MAMARONECK ATTEST: By: Town Clerk Town Administrator ATTEST: By: Contractor -7- Page 83 of 254 TOWN OF MAMARONECK WESTCHESTER COUNTY, NEW YORK PROPOSAL FOR CONTRACT#TA-22-14 CLEANING OF POLICE UNIFORMS To: Members of the Town Board of the Town of Mamaroneck Mamaroneck, New York 10543 The undersigned as bidder, declares that the only persons interested in this proposal, or the contract proposed to be made, as principals, are as stated; that they have carefully examined the information to bidders and the specifications pertaining thereto;and proposes and agrees, if this proposal is accepted that they will enter into a contract with the Town of Mamaroneck to furnish the services specified in the manner and within the time prescribed for the following price: P.D. Uniform Cleaning 2023 2023 UNIT WEIGHTED ITEM PRICE WEIGHT PRICE TROUSERS 5 .00 x35ala .75' SHIRT 5.00 x35ala 1.75- OUTERWEARMACKET Qi x15% SWEATER x5% ,0/ DRESS BLOUSE ,25� x5% .Q / TIE , /0 x5% • 0/ TOTAL 2 ' fX'f�'/Si02 �y-�A��i•�ywT /w� NAME OF COMPANY ADDRESS By: I AT RE oyAy�A+rl ,�vF/nA.J PRINT NAME&TITLE -6- Page 84 of 254 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: Proposed Resolution Revenue Bond Guarantee Date: February 9, 2023 Attached is a detailed memo from Stephen Altieri and a proposed resolution authorizing the guarantee by the Town of Mamaroneck of the payment of the principal of, and interest on, certain indebtedness of the Town of Mamaroneck Housing Authority. Action Requested: Resolved that the Town Board hereby adopts the proposed resolution to guarantee Housing Authority revenue bonds and hereby authorizes the Town Supervisor to execute any related documents necessary to carry out its implementation. Attachment/s: 2023-2-8 memo to Town Bond guarantee 2023 Resolution of the Town Board of the Town of Mamaroneck Page 85 of 254 Memorandum To: Meredith Robson Mamaroneck Town Administrator Re: Proposed Resolution Revenue Bond Guarantee- Town of Mamaroneck Housing Authority Date: February 8, 2023 The Town of Mamaroneck Housing Authority (TMHA) is requesting the adoption of the attached resolution by the Town Board for the Town to guarantee revenue bonds in the amount of $2.8million to be issued by the TMHA for needed improvements to the Hommocks Park Apartments. Specifically, the proposed improvements include the replacement of the windows and entry wood decks at the apartments. Section 36 of the original lease agreement between the TMHA and the Town of Mamaroneck (Town) required a regular inspection of the facilities at the Hommocks Park Apartments to review the condition of the physical structure, fixtures and equipment on the premises. In February of 2017, the TMHA commissioned a study of the Hommocks Park Apartments conducted by the engineering firm of Antonucci and Associates. An inspection of the windows, window sashes, window frames and wood decks was included in the study. At that time, the report recommended that the windows be replaced because of the poor condition of the frames and sashes. The windows were not immediately replaced at that time due to other physical plant priorities to be completed. Now, in 2023, there has been further decline in the condition of the windows. Some tenants of Hommocks Park have indicated that there is water penetration through some of the window frames and sashes during wind-blown rain events. The project also proposes to replace the stairwells and wood decks on the east side of the building facing the Hommocks School. In their 2017 report, the engineers noted that the railings have become loose and a number of post assemblies should be replaced. The wood decking showed signs of wear and bowing. Also, the coating of the wood was worn off in many places. Six years later, there is evidence of additional wear and tear to the decks and stairwells. Complete replacement of 1 ' age Page 86 of 254 the decks and stairwells was determined to be the most effective manner in which to address this item. The TMHA retained the services of Calgi Construction and Smith & Pucillo architects in the fall of 2022 to prepare a cost estimate for the replacement of the windows and the wood decks. The report of the construction manager and architect estimated at that time, the total project cost at $2,985,042 broken down as follows: Project Construction Costs- 9/9/2022 Windows $1,976,189 Wood Decks 285,206 Total Project Costs $ 2,261,395 Contingency 20% 452,279 Subtotal $ 2,713,674 Soft Costs 271,368 TOTAL $ 2,985,042 On January 27, 2023, the TMHA received bids for the project. We were pleased that the bids received were actually lower than the original estimates. While the bids are still under review, the apparent low bid for both the window and deck replacement is $1.7million. Below is a revised project cost analysis Project Construction Costs Based Upon Bids Received 1/27/2023 Window/Deck Replacement $ 1,700,000 Contingency 20% 340,000 Total Project Costs $2,040,000 Soft Costs 271,368 TOTAL $2,271,368 To finance this project, the TMHA would issue revenue bonds. Unlike the Town which issues General Obligation Bond for capital projects, the TMHA must use a revenue bond. The difference being that the Town has taxing authority and the TMHA does not. Evaluation of the revenue bonds is based upon the rent revenue earned by the TMHA. The original lease agreement between the Town and the TMHA stipulated that the Town would guarantee the bonds issued by the TMHA for the original construction of the Hommocks Park Apartments. Subsequently, in 2015 when the 21 ' age Page 87 of 254 TMHA refinanced the original construction bonds, the Town again provided a guarantee of those bonds. With the Town's guarantee the TMHA is able to issue bonds at interest rates very close to or equal to interest rates enjoyed by the Town. For all practical purposes the Town's AAA bond rating carries over to the TMHA. There has never been a circumstance where the Town has had to assume responsibility for the payment of TMHA bonds. The TMHA rent revenues are expected to exceed expenses in 2023. In addition, the TMHA maintains a capital project reserve in the amount of $347,000 and an operating reserve of $120,000. Therefore, the TMHA should have more than sufficient funds to assume the new debt payment. The TMHA is requesting authority to issue bonds in an amount not to exceed $2.8million. If at the time of final contract award the revised estimate is accurate, the TMHA can issue revenue bonds in an amount less than $2.8million. Should you require additional information, please let me know. Otherwise we urge the Town Board to adopt the guarantee resolution to allow the TMHA to make the needed improvements to the Hommocks Park Apartments. Respectfully Submitted Stephen V. Altieri Consultant to the Town of Mamaroneck Housing Authority 3 1 P a g e Page 88 of 254 OHS Draft 2/l/23 At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Center, in Mamaroneck, New York, in said Town, on [February ], 2023 at o'clock P.M., Prevailing Time. The meeting was called to order by Supervisor, and upon roll being called, the following were PRESENT: ABSENT: The following resolution was offered by who moved its adoption, seconded by , to-wit: 4141-1635-7445 Page 89 of 254 RESOLUTION DATED [FEBRUARY ], 2023 A RESOLUTION AUTHORIZING THE GUARANTEE BY THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, OF THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON CERTAIN INDEBTEDNESS OF THE TOWN OF MAMARONECK HOUSING AUTHORITY AND APPROVING THE FORM AND SUBSTANCE OF A GUARANTEE, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH RELATING THERETO. WHEREAS, the Town of Mamaroneck Housing Authority (the "Authority") previously issued bonds to finance the cost of the construction and renovation by the Authority of a 54-unit garden-style housing facility located in the Town of Mamaroneck (the "Town"), on land leased by the Authority from the Town, which are affordable for rental by persons and families of low and/or moderate income (the "Hommocks Park Apartments"); and WHEREAS, pursuant to Section 95 of the New York Public Housing Law the Town is authorized to guarantee the principal and interest on indebtedness contracted by the Authority; and WHEREAS, the Authority has advised the Town that it intends to issue bonds in an amount not to exceed $[2,800,000] to finance the cost of replacement by the Authority of the windows and entry deckways and any other related capital improvements of the Hommocks Park Apartments; and WHEREAS, the Authority has notified the Town that it intends to issue its Hommocks Park Apartments Revenue Bonds, 2023, in one or more series (the "2023 Bonds") for the purposes of financing (i) the cost of replacement by the Authority of the windows and entry deckways and any other related capital improvements of the Hommocks Park Apartments, 4141-1635-7445 Page 90 of 254 (ii) capitalized interest on the 2023 Bonds and (iii) certain costs of issuance of the 2023 Bonds (collectively, the "2023 Project"); and WHEREAS, the Town Board is desirous of authorizing the guarantee by the Town of the principal of and interest on the 2023 Bonds to be issued to finance the 2023 Project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town as follows: Section 1. The guarantee by the Town of the principal of and interest on the 2023 Bonds (the "Guarantee") is hereby authorized; provided, however, the maximum amount of such guarantee shall not exceed in the aggregate $[2,800,000]. Section 2. The Guarantee shall be evidenced by the execution and delivery by the Supervisor of a Guarantee substantially in the form presented to this meeting and annexed hereto as Exhibit A. The form and substance of the Guarantee are hereby approved. The Guarantee shall apply whether the 2023 Bonds are issued and sold upon such terms and conditions that interest payable thereon shall be includable or excludable in the computation of gross income of the owners thereof for purposes of federal income taxation. In the event that the 2023 Bonds are refunded, the Guarantee may also apply to the payment of the principal of and interest on any refunding obligations of the Authority. Section 3. The Supervisor of the Town is hereby authorized, for and in the name of and on behalf of the Town to execute and deliver the Guarantee, in substantially the form thereof presented to this meeting with such changes, variations, omissions and insertions as the Supervisor shall approve. The execution thereof by the Supervisor shall constitute conclusive evidence of such approval. 2 4141-1635-7445 Page 91 of 254 Section 4. The Supervisor of the Town, and all other officers, employees and agents of the Town are hereby authorized and directed, for and in the name and on behalf of the Town, to do all acts and things required or provided for by the provisions of the Guarantee and to execute and deliver all such additional certificates, instruments and documents, pay all such fees, charges and expenses and to do all such further acts and things as may be necessary, or in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the resolution and to cause compliance by the Town with all of the terms, covenants and provisions of the Guarantee binding upon the Town. Section 5. This resolution shall take effect immediately upon the affirmative vote of at least four council members of the Town Board. 3 4141-1635-7445 Page 92 of 254 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. 4 4141-1635-7445 Page 93 of 254 STATE OF NEW YORK ) )ss: COUNTY OF WESTCHESTER ) I, the undersigned Clerk of the Town of Mamaroneck, Westchester County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on [February ], 2023, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date give THE JOURNAL NEWS / /2023 4141-1635-7445 Page 94 of 254 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting TOWN CLERK'S BULLETIN BOARD / /2023 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on _, 2023. Town Clerk (CORPORATE SEAL) 4141-1635-7445 Page 95 of 254 Page 96 of 254 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: Fields for Kids Agreement for Funding of Engineering Study Date: February 10, 2023 Attached is the signed agreement regarding the Hommocks Fields study from Fields For Kids, an updated proposal for consulting services provided from Woodard and Curran, and a paid invoice from Geologic Land Surveying. Action Requested: Resolved that the Town Board hereby approves the Fields For Kids agreement and authorizes the Town Administrator to execute any related documents necessary to carry out its implementation. Attachment/s: Fields For Kids Agreement for Funding of f Engineering _Study Page 97 of 254 AGREEMENT REGARDING THE HOMMOCKS FIELDS An Agreement made this day of February,2023 between the Town of Mamaroneck, a municipal corporation existing under the laws of the State of New York with offices at 740 West Boston Post Road, Mamaroneck, New York 10543 ("Town") and Larchmont-Mamaroneck Fields for Kids, Inc., a corporation organized under the laws of the State of New York having an address of P.O.Box 912 Larchmont, New York 10538(FFK). Intending to be bound, the parties agree to the following. 1. The Town will engage Woodard & Curran Engineering and Geological Services P.A. P.C. ("Woodard") to perform the services outlined in its attached proposal to the Town dated September 12, 2022(updated through 11-09-22 per TOM comments) ("Services"). 2. Before the Town and Woodard enter into a contract for Woodard to perform the Services, FFK will pay to the Town $36,150, which equals the amount of the fee that Woodard will charge for the Services. The Town agrees that its contract with Woodard will provide that neither the Town nor FFK agree to pay any amounts in excess of the amount deposited by FFK with the Town, unless the Town and FFK agree in writing. The Town agrees that it will not authorize Woodard to perform any additional work, other than the Services, or authorize Woodard to increase the fees or other amounts it will charge the Town for the Services without the express written consent of FFK. If FFK agrees to any additional work to be performed by Woodard and/or to a modification of the Services, FFK will pay this additional amount for such additional work or modifications to the Town before the Town authorizes Woodard to perform such additional work or modifications. If,within thirty days after FFK will have paid to the Town the amount required by this contract,the Town and Woodard do not enter into a contract for the Page 98 of 254 performance of the Services, the Town will repay FFK the full amount that FFK paid to the Town within thirty days after FFK makes a written demand therefor.. 3_ FFK will pay Geologic Land Surveying, PLLC ("Geologic") for the surveying work described in its attached estimate dated October 14, 2022(the "Survey"). FFK represents that its agreement with Geologic does not provide that the Town has an obligation to pay Geologic any amount for the Survey work. Notwithstanding the fact that FFK will pay Geologic for the Survey work, the survey will be certified to the Town. 4.FFK acknowledges and expressly agrees (i) that it will deliver the survey prepared by Geologic and a receipt or paid invoice therefor from Geologic contemporaneous with its execution and delivery of this Agreement to the Town, (ii)that it will not disseminate any drawings,renderings or depictions of any kind of any proposed improvements to the Hommocks Fields unless the Town approves such dissemination in writing, (iii) that the Town's commitment to engage Woodard to perform the Services shall not and cannot be construed as a commitment by the Town to perform any work or have any improvements made at Hommocks Fields, even if Woodard concludes that it is feasible to make improvements to the Hommocks Fields, (iv)regardless of any recommendations made by Woodard in its study,the Town will decide what type of improvements,if any,will be constructed,the size and configuration thereof and the type of surface (natural, artificial or a combination of both) of the improvements. Such determinations shall be in the Towns sole judgment, 2 Page 99 of 254 (v) the Town Board (or one of the Town's other municipal boards) may decide it would be appropriate to engage experts to conduct further examination or studies of the impacts on the environment of improvements proposed for the Hommocks Fields as well as examination or studies of other impacts such improvements may have and if so, the Town Board shall 'inform FFK and request that FFK pay for such examination and if FFK agrees to make such payment, it shall deposit with the Town a sum equal to the estimated cost thereof before the expert commences work and pay the Town for any claim that the expert may make for amounts owed to it in excess of the amount deposited by FFK with the Town,but if FFK decides not to pay for such expert, the Town Board will not have the information needed to make an informed decision about the future of the Hommocks Fields and therefore it is unlikely that the Town board would authorize improvements to the Hommocks Fields and FFK will not look to the Town for reimbursement for any of its expenditures made in connection with the study of the feasibility of improvements to the Hommocks Fields, (vi) if and when improvements to the Hommocks Fields are completed, the Hammocks Fields, including but not limited to any improvements, shall continue to be owned by the Town and will remain under the Town's exclusive control, and (vii) if the Town decides not to make improvements to the Hommocks Fields,or decides to make improvements that are not what FFK contemplated,FFK will not seek reimbursement from the Town for its payments to Geologic or its payments to the Town to fund the Services,any modification thereof or any additional work or for any other expenditures FFK may make in connection the study of, and any improvements made to the Hommocks Fields. 5. If any improvements are made to the Hommocks Fields,they 3 Page 100 of 254 (i)shall be constructed completely within the bounds of land owned by the Town and will not be constructed on, or extend into land located within, the Village of Larchmont or property owned by the Mamaroneck Union Free School District, (ii) will not(a)include a running track,a playground or a parking area, and (iii) will not be named for any person or organization, nor will there be plaques commemorating or honoring any person or organization displayed on Town-owned property. b. If the'Town authorizes improvements for the Hommocks Fields,but before the specifications for the construction of such improvements are prepared,the parties shall enter into an agreement that among other things will set forth the nature of the improvements to be constructed,FFK's obligation to pay for such improvements, the plan for maintaining; and repairing the improvements after they are completed,and FFK's obligation to fund the cost for maintaining and repairing the improvements after they are completed. 7. (a)FFK will indemnify the Town for any claim (i) that Woodard may make for payment of amounts owed to it that are in excess of the amounts deposited by FFK with the Town, (ii) that Geologic may make for payment of amounts owed to it, and (iii) that any expert engaged by the Town (or one of its municipal boards) pursuant to paragraph 4(v)may make,but only if FFK had agreed to underwrite such expert's fees. (b)The indemnifications of the Town shall include reimbursements of the attorney's fees 4 Page 101 of 254 or expenses incurred by the Town as a result of any claims made by Woodard, Geologic or an expert engaged by the Town (or one of its municipal boards) pursuant to paragraph 4(v). Town of Mamaroneck By: Meredith S.Robson,Town Administrator Date Larchmont-Ma roneck Fields for Kids!,Inc. By: I Heather Mahland, President Date Z, Z-3 February 8,2023 Page 102 of 254 WOODARD AND CURRAN PROPOSAL Page 103 of 254 Woodard &Curran Engineering T 800.426.4262 and Geological Services P.A. P.C. T 914.448.2266 800 Westchester Avenue F 914.448.0147 Suite N507 Rye Brook, New York 10573 www.woodardcurran.com Via Electronic Mail September 12, 2022 (updated through 77-09-2022 per TOM comments) Woodard Jaine Elkind Eney Supervisor & Curran Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Re: Proposal for Sports & Recreation Consulting Services Feasibility Assessment for Town of Mamaroneck Fields Adjacent to Hommocks Middle School Dear Jaine: We appreciate the opportunity to provide you and the Town of Mamaroneck (Town) with a proposal to complete sports and recreation consulting services in connection with proposed Town ballfields, adjacent to the Hommocks School. As the Town and Fields for Kids (FFK) is aware, we have had past success partnering with FFK on park projects such as the Phase 1 redevelopment work for Flint Park, and the planning and design required for the redevelopment of Lorenzen Park, also in Larchmont. In the past we have also supported Mamaroneck High School with consulting services related to synthetic turf field design for the High School. Please refer to the following for a summary of our understanding of the project, our scope of services, our anticipated schedule, and our proposed budget associated with this work. BACKGROUND Based on our recent conversation, we understand that Fields for Kids, in coordination with the Town of Mamaroneck, is interested in completing site planning and a feasibility assessment to include data collection, field investigations, regulatory permitting review, conceptual layout, and a preliminary construction cost opinion for redevelopment of the open space area to the rear of the Hommocks Middle School property, south of Hommocks Road and north of Flint Park. The initial project components to be considered include a synthetic turf field as well as a second natural grass athletic field. Some portions of the future design and construction may be phased based on available funding. SCOPE OF SERVICES Based on our understanding noted above, the scope of work for this initial feasibility assessment phase is summarized below. • Task 1 — Data Collection and Field Investigations: Review past work and readily available public information associated with the proposed work and property. Complete a site visit to observe existing site conditions. One day of on-site field investigations will be completed at various locations across the project area and will Page 104 of 254 include machine excavated test pits and borings intended to obtain a better understanding of subsurface site conditions that will have an impact on future design and construction costs. At this time, we assume that no lab testing will be completed. 25� Cost includes utility locating at the test locations and site restoration at the test locations to include topsoil, seed, and hay mulch. Woodard Task 2—Regulatory Permitting Review:We will review the need for various common & Curran land development permits depending on the preferred scope of the project and based on publicly available information and databases considering the known and anticipated constraints and site conditions. A written technical memorandum summarizing the results will be provided upon completion consisting of the following topics: o Floodplains/FEMA o Tidal Wetlands &corresponding protected buffer zone o Stormwater quantity &quality o SHPO Archeological Resources o Department of State - coastal resources o Will include an EDR package of historical environmental based documents (i.e. similar to a Phase 1 property study), and corresponding review and summary of findings • Task 3 — Conceptual Layout: We will complete one color conceptual layout in coordination with the project stakeholders. • Task 4 — Engineer's Opinion of Probable Construction Costs (EOPCQ: We will develop one conceptual level EOPCC for use in fundraising and decision-making, based on the conceptual layout and information obtained as part of Tasks 1 and 2. • Task 5—Meetings:We have incorporated time for preparation and attendance at two in person +/- one-hour meetings that can also be hosted via videoconference to allow for additional team members to participate. The intent of the meetings will be one kickoff meeting to establish goals and a vision for the project and a final meeting to review the deliverable and discuss next steps. The deliverable for this phase of work will be a brief presentation slide deck summarizing the work activities completed, our observations and relevant findings, and include attachments for the associated field investigation logs, conceptual layout, and EOPCC. SCHEDULE We will expedite the work to the extent that we have control. It's reasonable to expect us to complete the work associated with this initial feasibility assessment phase over the course of approximately 8 weeks from written authorization to proceed and a fully executed contract agreement. (P214798.00) 2 W&C Eng &Geo Svcs P.A. P.C. Sports& Recreation Consulting Services Mamaroneck NY September Iaa9- j�2105 of 254 BUDGET We will complete the work on a lump sum basis billed in accordance with Woodard &Curran's 25� attached rate table for the year in which the services are provided. Subcontractor and/or subconsultant fees shall also be charged at cost plus 10% OH&P markup. The breakdown for Woodard the proposed tasks is included in the table below: & Curran Fee Breakdown Task 1 — Data Collection and Field Investigations $18,700 Task 2— Regulatory Permitting Review $2,000 Task 3—Conceptual Layout $6,800 Task 4— EOPCC $2,450 Task 5— Meetings $4,700 Total Budget (Lump Sum): $34,650 *Task 6 - EDR reports, review, and finding summary, +$1,500 (updated 02/10/2023) We will invoice monthly for services rendered and expenses incurred during the previous period. *Updated Total Budget (LS): $36,160 (updated 02/10/2023) TERMS AND CONDITIONS The Scope of Services will be completed in accordance with the attached standard terms and conditions between Woodard & Curran Engineering and Geological Services P.A. P.C. and the Town. CLOSING We greatly appreciate this opportunity to support the Town and the overall Mamaroneck community. If you accept this proposal and wish to proceed with the Scope of Services, please sign in the space indicated below and we will sign and return a fully executed copy for your files. Please feel free to contact us if you have any questions regarding this proposal or require any further information. Sincerely, WOODARD &CURRAN ENGINEERING AND GEOLOGICAL SERVICES P.A. P.C. Anthony C. Catalano, PE, BCEE Senior Principal cc: Steve Lauria, PE; Thomas Shay, PE (Woodard &Curran) P214798.00 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized agents as of the date indicated below. AUTHORIZATION BY: (P214798.00) 3 W&C Eng &Geo Svcs P.A. P.C. Sports& Recreation Consulting Services Mamaroneck NY September IFa2106 of 254 WOODARD & CURRAN ENGINEERING TOWN OF MAMARONECK AND GEOLOGICAL SERVICES P.A. P.C. Signature Date Signature Date Woodard & Curran Name (printed) Name (printed) Title Title (P214798.00) 4 W&C Eng &Geo Svcs P.A. P.C. Sports& Recreation Consulting Services Mamaroneck NY September IFa2107 of 254 OCTOBER 14, 2022 ESTIMATE FROM GEOLOGIC LAN© SURVEYING Page 108 of 254 Geologic Land.surveying,PLLC Invoice - 3 Pine Crest Lane �� New Fairfield,CT 06812 GEo SIG (914)864-1250 w geologicls@gmail.com www.geologicls.com BILL TO Town of Mamaroneck INVOICE# DATE TOTAL DUE DUE DATE TERMS ENCLOSED 2370 01/02/2023 $0.00 01/17/2023 Net 15 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. --------------------------------- - - - ------------------- - ---------------------- - - - ------------------- ---------------------------- DATE ACTIVITY QTY RATE AMOUNT Project 1 0.00 0.00 Hommocks Park Mamaroneck,NY Approximately 7 acres(eastern section) Topographic Site Survey 1 4,000.00 4,000.00 Topographic Site Survey of property depicting th t' s contained within the site.Includes contours,spot elevat s, chmarks.Includes partial boundary survey showing all impervio s with metes& bounds,adjoiners,easements and areas.O Specifications: Ground Topography 40 Scale mapping Horizontal Datum:NAD83 NYSPC-E Vertical Datum:NAVD88 1 foot contours Spot elevations to the nearest tenth of a foot 2 Benchmarks set to the hundredth of a foot Surface utilities and evidence of subsurface utilities 811 mark-out&location of utilities Trees 8"diameter and greater(except in marsh area) Underground utility mark-out 1 1,600.00 1,600.00 Subcontracted to underground utility mark out company (optional) Deliverables 1 0.00 0.00 Includes PDF/CAD delivery via email and 6 Signed and sealed hard copies delivered via regular mail. Additional signed and sealed hard copies can be purchased for$10.00ea Estimated completion 1 0.00 0.00 5-6 weeks from accepted/signed proposal Terms&Conditions 1 0.00 0.00 Scope of Services: Geologic Land Surveying,PLLC does not warranty or imply that the suggested scope of services outlined within the Proposal is a complete list of services required to meet the goals and expectations of the Client. It is an understanding of the minimum services identified the time the Proposal was written,utilizing the limited research necessary to provide a Proposal for the project. It is possible that during the course of consulting work,additional services may be required to achieve the goals of the Client. Page 109 of 254 DATE ACTIVITY QTY RATE AMOUNT Existing Conditions: The Proposal is based on regulations,policies and requirements that are in effect at the time the Proposal was prepared. Changes that occur after the Proposal date may require renegotiation of the fees or additional scope requirements. This firm does not warranty or suggest its advanced knowledge of changes in regulations affecting development. Effective date of Proposal: The fees as quoted within the Proposal shall remain in effect for a period of sixty(60)days. Should the client authorize work after sixty(60)days of the date of the Proposal,the Consultant has the right to renegotiate the fees. Work performed on an hourly or per diem basis will be billed in accordance with the hourly Fee Schedule in effect at the time work is completed. Payment: Invoices remaining unpaid for more than thirty(30)days may be subject to a service charge of 1-1/2%per month(18%per annum). If invoices should become in arrears of forty five(45)days or more,the firm may suspend work on the project. If outstanding invoices become ninety(90)days in arrears or greater,the Consultant may seek legal remedy to collect these fees and may place liens on the subject property. The Client agrees to pay all costs of collection born by the Consultant. Client agrees to pay all outstanding invoices prior to delivery of final product. Notice to Stop Work: Either party has the right to terminate the Contract five(5)days after receipt of written notice. In such a termination,the Consultant will be paid for all services rendered to the date the Contract was terminated,including any wind down or cleanup work required within the five-day period after termination. Authorization of Contract: The signatory(Client)represents by their signatures to this document,that they have the requisite authority to bind their principal to the covenants and promises herein. The signatory may not assign this agreement without the expressed written consent of Geologic Land Surveying,PLLC. An authorized signature is required before scheduled services. Terms and Conditions PAYMENT 5,600.00 1.) Billing cycle is 30 days for on going work.After 30 days past due,bill is subject to 3%finance fee. BALANCE DUE $0.00 2.)No Map or Survey shall be released without payment. 3.)GeoLogic Land Surveying accepts cash,check or Chase Quick Pay for fulfillment of invoice. 4.)Please make checks payable to:Geologic Land Surveying,PLLC 5.)Mail to: 3 Pine Crest Lane New Fairfield,CT 06812 Page 110 of 254 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: Proposal to Expand the Permitting of Parking Lot C to Non-Residents Date: February 9, 2023 Attached is memo from Town Clerk, Allison May regarding a proposal to make overnight parking permits in Parking Lot C available to non-residents. Given the history of low usage of these permits by Town residents, it may be mutually beneficial to non-residents and the Town to expand access. Action Requested: This is just an item for discussion at this time. Should you wish to consider it,we will have the required code changes drafted for a subsequent meeting. Page 111 of 254 Town of Mamaroneck Town Clerk, Town Center c 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: February 9, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Proposal to Expand the Permitting of Parking Lot C to Non-Residents General: I request that the Town Board consider allowing the Town Clerk to issue Parking Lot C Overnight Parking permits to non-residents. Back_rg ound The 2023 annual permit fee for our Overnight Lot C parkers is $450. Lot C permit holders may park in Lot C weekdays from 7:30pm until 7:30am the following day, and 24 hours from Friday evenings at 7:30pm until Monday mornings at 7:30am. Since 2015, we have sold 3 Lot C permits, at a revenue of$1012.50. On occasion the Town Clerk's Office has been approached by individuals that work in the Town or surrounding areas, but do not live in the Town. These individuals are looking to park their vehicle overnight near the train station in Larchmont to facilitate their Monday through Friday local commute. The Vehicles and Traffic code, chapter 219-48 A, states clearly "The Town Clerk may only issue permits to residents of the Town." This would need to be amended and any other potential barriers researched and addressed. Page 112 of 254 i " F 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: Appointment of Town Clerk and Designated Roles Date: February 10, 2023 The following appointments were done on an annual basis and are retroactive to January 1, 2023. Action Requested: BE IT RESOLVED, that the Mamaroneck Town Board does hereby appoint Allison May as Registrar of Vital Statistics, effective January 1, 2023, said term to expire on December 31, 2023, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does appoint Laura DeMuro as Deputy Town Clerk and Deputy Registrar of Vital Statistics, effective January 1, 2023, said term to expire on December 31,2023. BE IT FURTHER, RESOLVED,that pursuant to NYS Arts&Cultural Affairs§57.19,the Mamaroneck Town Board does hereby appoint Allison May as Records Management Officer,effective January 1,2023, said term to expire on December 31,2023, and BE IT FURTHER, RESOLVED, that pursuant to Mamaroneck Town Code - Records §167- 2, the Mamaroneck Town Board does hereby appoint Allison May as Records Access Officer, effective January 1,2023, said term to expire on December 31,2023, and BE IT, FURTHER Page 113 of 254 RESOLVED,that pursuant to NYS Domestic Relations Law§11-c,the Mamaroneck Town Board does hereby appoint Allison May as a Marriage Officer, effective January 1, 2023, said term to expire on December 31, 2023. Page 114 of 254 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: February 10, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Appointment of Town Clerk and Designated Roles General: It is my understanding that legally the Town Board must reappointment me for the role of Town Clerk and to fulfill my other responsibilities, as well as Laura's. I have not included salary, as I believe that has already been addressed. 4 4 4 Page 115 of 254 i " F 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: February 8, 2023 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 116 of 254 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: February 8, 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 15 23 Page 117 of 254 Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: February 15, 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 Amazon.Com Twin XL sheets laptop battery, ID Software Program 1 179.97 Amazon.Com Dri Dek 1'xi'tiles 6 k 49.30 Amazon.Com Deep square box kit server rack locking cabinet 396.19 Champion Elevator CorpMaintenance for Feb 2023 209.83 Cablevision Systems CorpCable services for 1/23/23-2/22/23 247.84 Con Edison Fire HO oas service 12/30-1/31/23 2 181.75 Fire-End &Croker CorpSportswear jackets 76.95 Ready Refresh Water Cooler rental &paper fee12/19-1/18.23 192.96 UniFirst CorpCleaning supplies 1120 1/27/23 369.29 Verizon TMFD 300M Fios Redundant circuit 1/25/2023 294.34 W. W. Grainger locking cord adapter, hand soap, bulbs permanent markers 311.73 Total $ 5,510.15 Page 118 of 254 TOWN OF MAMARONECK FIRE DEPARTMENT '� zas WEAVER STREET LARCH MONT,NEW YORK 10538 381-27A4 sreRE'rARY'S OFFICE WEAWE#� 8344)922.FAx � � WNVIV.TNIMORC STREET �� To: Fire Council Date: January 25,2023 From. Michel Liverzani Re: 2022 Service Awards Report For your approval, attached please find the Service Awards report for the year ending December 31,2022. In 2022 24 of the 43 participants met their Obligation to receive a year's service credit. In addition to the 43 participants, we also have an additional 22 past members vested in the program and 9 members collecting the retirement benefit. I respectfully request that the Fire Council certify this report and fom'ard to the Board of Fire Commissioners for review. Sincerely, A/ Michael Liverzani Service Awards Committee Chair Page 119 of 254 x o y 7a O r a s rn n Cri �r rt vi aoQM , Ir _ -- - -- �- .� .�-+ Cif ►gyp � �p � '�' ro �] � � kP oc --• a �A p ❑n �4 i � � o oil e i �[ ►-. r ft n o b Q N o w �. N G 4t O I I N C C �F� I CN 00 LA r a n' r Fri cn vi VI V,, (4 cn en Af as ern e~rerr O C O C G d Q C O Q i 4 l �, Page 120 of 254 zi a A y C7 b W L C (y V tr M > tzl J n CD x C t:7 CL I Ctl 1 I L i M l W j � �J ry �. � N� N �"► a n [c p t tv rq � ys m r c � N W W W th W ��„• m !� s cry va ss r�'� w t,) CD CT ON Z) o T oc G1 r,? � •f�D C ^ Q G P q= c O w !fin rr Page 121 of 254 x �O 7d x -d W ro Id 2 z 2 a w -' N Y Y � C w r- rm z z , x d a y Z Y IT 41 v R 1 1 pF 1 1 ` F+ � Y--, � � N � � f � ` � 1� Fes+• ro �� � C � 1 C�l1 n d ID Fes- _ IV O 1 rn w �O tiCJ 10, PC OO �0 C oil .. to O 1'R v S] `oa a rs .0 zooWG) -o ni W Ili � ,3 xm CD c o c o c�- C� o m 3 m C C O C C C O C R rop„ in f-'P rY O O G Z> ..a C Page 122 of 254 '° rn C w > PIC Gd � CC i fir. ai Q N 00 �. v, p% m v O A ak I C Z fC LyLye e A o Coil .+ C ^Y d ear O z IV n it ,I II ,• � � � w h I n cr cn- 00 Ca a LI1 CD f? cf r LAI ' csa u h7 c pw LOS p ry (cp n O C C O C• .��. r" i M rr C C7 O C O C G CD C) Page 123 of 254 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 Re: Authorization of Intermunicipal Agreement (IMA) — Westchester County Waverly Avenue Bridge Replacement Date: February 6, 2023 Attached is the Waverly Avenue Bridge IMA providing for county funding of$2,084,986 towards the Waverly Avenue Bridge Replacement project. This IMA is required in order to complete the available funding sources. Action Requested: Resolved that the Town Board hereby authorizes the Town Administrator to sign the IMA and any related documents necessary to carry out its implementation. Page 124 of 254 Town of Mamaroneck Comptroller, Town Center c 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: February 6, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Authorization of Intermunicipal Agreement(IMA)—Westchester County Waverly Avenue Bridge Replacement General: Replacement of the Waverly Avenue Bridge remains planned for construction start later this spring. Final bid documents have been prepared by the Town's consultant and are currently being reviewed by NYSDOT for authorization to proceed with advertisement. Original grant funding was received through the 2018 NYSDOT BridgeNY program in the amount of $1.75M. Subsequent development of the bridge replacement design and recent experience with the Hillside Avenue Bridge Replacement has increased expected total project costs to $4.17M for the Waverly Avenue Bridge. Additional funding for the project was recently secured from the Westchester County Storm Water Management Law — Phase 11 program. The program provides funding for up to 50% of costs related to the implementation and construction of projects for flood mitigation and damage reduction. Westchester County has agreed to fund up to $2,084,986 towards the Waverly Avenue Bridge Replacement, consistent with 50% share of the revised project estimate. The attached Bond Act resolution and intermunicipal agreement(IMA) have been provided for Town review and acceptance. Submittal of a resolution by the Town Board authorizing execution of the IMA has been requested to finalize the funding commitment. The Engineering Department has no objections to the provided IMA and recommends that the Town Board consider authorization of its signature. Please feel free to contact me with any questions. Attachment/s: MMT - BOL ACT-2022-93 Certified Copy (8-1-22) Page 125 of 254 BPL26 IMA -Phase 2- Waverly Ave Bridge MMT (1-27-23) clean Page 126 of 254 (BOND) ACT 92 - 2022 ACT 93 - 2022 Reference: BPL26 (Unique ID# 1857) THE HONORABLE BOARD OF LEGISLATORS THE COUNTY OF WESTCHESTER DRAFT IMA ON FILE Your Committee is in receipt of a transmittal from the County Executive recommending approval of a bond act(the "Bond Act"), which if adopted, would authorize the County of Westchester (the "County") to issue up to $2,200,000.00 in bonds to finance a component of capital project BPL26 - Flood Mitigation ("BPL26"). Also attached is an Act authorizing an intennunicipal agreement ("IMA") with the Town of Mamaroneck (the "Town") setting forth the terms of the flood mitigation project. Your Committee is advised that the Bond Act, prepared by the law firin of Hawkins Delafield &Wood LLP, would fund up to 50% of the costs associated with a municipally proposed project to replace the Waverly Avenue Bridge with a culvert that is wider and aligned with the stream channel to improve the carrying capacity of the culvert and accommodate flood waters. The project will implement a component of the larger U.S. Army Corps of Engineer's project to reduce flooding and flood damage, particularly in the immediate vicinity of the bridge and along Waverly Avenue, which becomes impassable during even moderate flood events. It is estimated that the project will take three (3) years months to complete. Your Committee is advised that the IMA, a copy of which is attached, will set forth the responsibilities of the County and the Town in connection with the project. In accordance with the IMA, the County and the Town will each provide up to fifty (50%) percent of the total cost of the project which is estimated to be $4,169,972.00. The County will pay to the Town, on a reimbursement basis, an amount not to exceed $2,084,986.00. Your Honorable Board will note that the bonding request is for $2,200,000 to include additional County costs for staff hours and administration of the project. Your Honorable Board enacted the Westchester County Storin Water Management Law ("SWML") in 2011 to assist municipalities with storm water management (flood mitigation). See Laws of Westchester County Chapter 241, Article III-A, Sections 241.252-241.260. The SWML provides for the evaluation of flooding within the County through preparation of watershed "reconnaissance plans", and the SWML authorizes County cooperation with municipalities, including funding assistance, to improve stone water management and reduce flooding. Page 127 of 254 By Act No. 134-2014, your Honorable Board approved the Stor nwater Reconnaissance Plan for the Coastal Long Island Sound Watershed. The Town and the Mamaroneck River are both identified as areas of recurring flooding in this plan. Criteria for funding stormwater management (flood mitigation) projects are also described in the plan, including discretionary fund policy requirements to affirmatively further fair housing. The IMA requires the Village to adopt regulations and policies consistent with the flood mitigation criteria in the Stormwater Reconnaissance Plan for the Coastal Long Island Sound Watershed. Your Committee notes that this Honorable Board has previously authorized the County to issue bonds which have financed prior components of this project as set forth on the attached fact sheet. The Planning Department has advised your Committee that based on its review, the above referenced capital project has been classified as a Type "II" action pursuant to the State Environmental Quality Review Act ("SEQR") and its implementing regulations, 6 NYCRR Part 617. Therefore, no further environmental review is required. Your Committee has reviewed the annexed SEQRA documentation and concurs with this conclusion. Your Committee is further advised that since BPL26 is a "general fund"project, specific components are subject to a Capital Budget Amendment. Section 1 of the Bond Act authorizes an amendment to the County's Capital Budget to the extent the project scope is inconsistent with any details set forth in the current Capital Budget. Accordingly, the Bond Act, in addition to authorizing the issuance of bonds for this project, will also amend the 2022 Capital Budget to reflect the specific location of this project component. In addition, section 167.131 of the County Charter mandates that a capital budget amendment that introduces a new capital project or changes the location, size or character of an existing capital project be accompanied to the Board of Legislators by a report of the Westchester County Planning Board (the "Planning Board") with respect to the physical planning aspects of the project. Accordingly, the Planning Board Report for BPL26 is armexed. Please note that an affirmative vote of two-thirds of the members of your Honorable Board is required in order to adopt the Bond Act, while a simple majority of the voting strength of your Honorable Board is required to adopt the Act authorizing the IMA. Page 128 of 254 Based on the importance of this project to the County, your Committee recommends favorable action on the annexed Bond Act and Act authorizing the IMA. Dated: � ; j , 2022 White Mains New York L COMMITTEE ON �il✓l C:jpg/3.l 0.22 l (C vYt 1_( s c' ri .hUllS �J l3�lGS 1 l i Sa' ��1 (I r U TL Page 129 of 254 Dated: July 25, 2022 White Plains, New York The following members attended the meeting remotely,pursuant to Chapter 56 of New York State Laws of 2022, and approved this item out of Committee with an affirmative vote. Their electronic signature was authorized and is below. Committee(s) on: Budget&Appropriations Public Works&Transportation Environment, Energy&Climate � � G Page 130 of 254 FISCAL IMPACT STATEMENT CAPITAL PROJECT#: BPL26 F7NO FISCAL IMPACT PROJECTED SECTION A-CAPITAL BUDGET IMPACT To Be Completed by Budget =GENERAL FUND =AIRPORT FUND =SPECIAL DISTRICTS FUND Source of County Funds (check one): FX Current Appropriations =Capital Budget Amendment Waverly Ave Bridge Mamaroneck SECTION B-BONDING AUTHORIZATIONS To Be Completed by Finance Total Principal $ 2,200,000 PPU 20 Anticipated Interest Rate 3.14% Anticipated Annual Cost (Principal and Interest): $ 146,424 Total Debt Service (Annual Cost x Term): $ 2,928,480 Finance Department: Interest rates from May 25, 2022 Bond Buyer-ASBA SECTION C-IMPACT ON OPERATING BUDGET(exclusive of debt service) To Be Completed by Submitting Department and Reviewed by Budget Potential Related Expenses (Annual): $ - Potential Related Revenues (Annual): $ Anticipated savings to County and/or impact of department operations (describe in detail for current and next four years): SECTION D-EMPLOYMENT As per federal guidelines, each $92,000 of appropriation funds one FTE Job Number of Full Time Equivalent (FTE)Jobs Funded: SECTION E-EXPECTED DESIGN WORK PROVIDER County Staff Consultant FX Not Applicable Prepared by: David Kvinge Title: Assistant Commissioner �—-rviewed By: ' e Department: Planning udget Director Date: 6/7/22 Date: 411 Page 131 of 254 Westchester gor.wm Memorandum Department of Planning TO: Michelle Greenbaum, Senior Assistant County Attorney Jeffrey Goldman, Senior Assistant County Attorney FROM: David S. Kvinge, AICP, RLA,CFM Assistant Commissioner DATE: April 14, 2022 SUBJECT: STATE ENVIRONMENTAL QUALITY REVIEW FOR CAPITAL PROJECT: BPL26 FLOOD MITIGATION (TOWN OF MAMARONECK) PROJECT/ACTION: Per Capital Project Fact Sheet as approved by the Planning Department on 03-31-2022 (Unique ID: 1857) With respect to the State Environmental Quality Review Act and its implementing regulations 6 NYCRR Part 617, the Planning Department recommends that no further environmental review is required for the proposed action, because the project or component of the project for which funding is requested may be classified as a TYPE II action pursuant to section(s): ■ 617.5(c)(2): replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes unless such action meets or exceeds any of the thresholds in section 617.4 of this Part; ■ 617.5(c)(9): construction or expansion of a primary or accessory/appurtenant, nonresidential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities. COMMENTS: The replacement bridge will be slightly wider to accommodate sidewalks. DSK/cmm cc: Andrew Ferris, Chief of Staff Paula Friedman, Assistant to the County Executive Tani Altschiller, Assistant Chief Deputy County Attorney Gideon Grande, Deputy Budget Director Lorraine Marzola, Associate Budget Director Kelly Sheehan, Assistant Commissioner William Brady, Chief Planner Michael Lipkin, Associate Planner Claudia Maxwell, Associate Environmental Planner Page 132 of 254 RESOLUTION 21- t' q WESTCHESTER COUNTY PLANNING BOARD Amendment of Planning Board Report on 2021 Capital Project Requests BP_i.26 Flood Mitigation WHEREAS,the County of Westchester has established Capital Project BPL26 Flood Mitigation,a general fund, to provide a share of the cost of funding flood mitigation projects that are proposed by local municipalities and approved by the County;and WHEREAS,the reconstruction of the bridge at Waverly Avenue in the Town of Mamaroneck, in the amount of$2,200,000, will reduce flooding and flood damage for roadways and properties in the vicinity, including areas included within the study area of the US Army Corps of Engineers General Reevaluation Study of the Mamaroneck and Sheldrake Rivers, included in the stormwater reconnaissance plan for the Coastal Long Island Sound drainage basin; and WHEREAS,the project has been reviewed and approved by the County Stormwater Advisory Board and will be subject to further detailed review by County staff; and WHEREAS, in furtherance of the above, the County Executive will be submitting legislation to the Board of Legislators to amend the Capital Project BPL26 Flood Mitigation to add the project to Capital Project BPL26 and authorize bonding to fund up to 50%of the project; and WHEREAS, the project is consistent with the County Planning Board's long-range planning policies set forth in Westchester 2025 - Policies to Gnide County Planning, in that it will help preserve and protect the County's natural resources and environment, both physical and biotic and will help mitigate the impacts of flooding; now therefore, be it RESOLVED,that the County Planning Board, pursuant to Section 167.131 of the County Charter, amends its Report on the 2021 Capital Project Requests to include the Capital Project BPL26 Flood Mitigation for the reconstruction of the bridge at Waverly Avenue in the Town of Mamaroneck. Adopted this 51h day of October 2021 //?-,-,- 41 " ,Rich rd Hyman, Qb6 Page 133 of 254 REFERENCE BPL26 ACT NO.92-2022 BOND ACT AUTHORIZING THE ISSUANCE OF $2,200,000 BONDS OF THE COUNTY OF WESTCHESTER, OR SO MUCH THEREOF AS MAY BE NECESSARY, TO FINANCE THE COST OF THE REPLACEMENT OF WAVERLY AVENUE BRIDGE IN THE TOWN OF MAMARONECK WITH A CULVERT; STATING THE TOTAL ESTIMATED MAXIMUM COST THEREOF IS $2,200,000; STATING THE PLAN OF FINANCING SAID COST INCLUDES THE ISSUANCE OF $2,200,000 BONDS HEREIN AUTHORIZED TO FINANCE SAID COST; AND PROVIDING FOR A TAX TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS. (Adopted 08/01, 2022 BE IT ENACTED BY THE COUNTY BOARD OF LEGISLATORS OF THE COUNTY OF WESTCHESTER,NEW YORK(by the affirmative vote of not less than two-thirds of the voting strength of said Board), AS FOLLOWS: Section 1. Pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), the Westchester County Administrative Code, being Chapter 852 of the Laws of 1948, as amended, to the provisions of other laws applicable thereto, $2,200,000 bonds of the County, or so much thereof as may be necessary, are hereby authorized to be issued to finance the replacement of Waverly Avenue Bridge in the Town of Mamaroneck with a culvert; all as set forth in the County's Current Year Capital Budget, as amended. To the extent that the details set forth in this act are inconsistent with any details set forth in the Current Year Capital Budget of the County, such Budget shall be deemed and is hereby amended. The total estimated maximum cost of said object or purpose, 3675003.1045751 LEG Page 134 of 254 including preliminary costs and costs incidental thereto and the financing thereof is $2,200,000. The plan of financing includes the issuance of$2,200,000 bonds herein authorized, and any bond anticipation notes issued in anticipation of the sale of such bonds, and the levy of a tax to pay the principal of and interest on said bonds. Section 2. The period of probable usefulness of the object or purpose for which said $2,200,000 bonds authorized by this Act are to be issued, within the limitations of Section 11.00 a. 10 of the Law, is twenty(20) years; Section 3. Current funds are not required to be provided as a down payment pursuant to Section 107.00 d. 9. of the Law prior to issuance of the bonds authorized herein, or any bond anticipation notes issued in anticipation of the sale of such bonds. The County intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the County, pursuant to this Act, in the maximum amount of $2,200,000. This Act is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The estimate of $2,200,000 as the estimated total cost of the aforesaid object or purpose is hereby approved. Section 5. Subject to the provisions of this Act and of the Law, and pursuant to the provisions of§30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of§§50.00,56.00 to 60.00 and 168.00 of said Law,the powers and duties of the County Board of Legislators relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, relative to providing for substantially level or declining annual debt service, relative to prescribing the terms, form and 3675003.1045751 LEG Page 135 of 254 contents and as to the sale and issuance of the respective amounts of bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, and relative to executing agreements for credit enhancement, are hereby delegated to the Commissioner of Finance of the County, as the chief fiscal officer of the County. Section 6. Each of the bonds authorized by this Act and any bond anticipation notes issued in anticipation of the sale thereof shall contain the recital of validity prescribed by §52.00 of said Local Finance Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the County of Westchester, payable as to both principal and interest by general tax upon all the taxable real property within the County. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds or the renewals of said notes, and provision shall be made annually in the budgets of the County by appropriation for(a) the amortization and redemption of the notes and bonds to mature in such year and (b) the payment of interest to be due and payable in such year. Section 7. The validity of the bonds authorized by this Act and of any notes issued in anticipation of the sale of said bonds,may be contested only if: (a) such obligations are authorized for an object or purpose for which the County is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of this Act or a summary hereof, are not substantially complied with, and.an action, suit or proceeding contesting such validity, is corrunenced withui twenty days after the date of such publication, or 3675003.1045751 LEG Page 136 of 254 (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Act shall take effect in accordance with Section 107.71 of the Westchester County Charter. 3675003.1045751 LEG Page 137 of 254 CAPITAL PROJECT FACT SHEET Project ID:* EI CBA Fact Sheet Date:* BPL26 01-03-2022 Fact Sheet Year:* Project Title:* Legislative District ID: 2022 FLOOD MITIGATION 7 Category* Department:* CP Unique ID: BUILDINGS, LAND& PLANNING 1857 MISCELLANEOUS Overall Project Description This project is intended to provide a share of the cost of funding flood mitigation projects that are proposed by local municipalities and approved by the County. This is a general fund,specific projects are subject to a Capital Budget Amendment. ❑Best Management Practices ❑Energy Efficiencies [�]Infrastructure p Life Safety ❑Project Labor Agreement ❑Revenue ❑Security p Other(FLOOD MITIGATION) FIVE-YEAR CAPITAL PROGRAM in thousands Estimated Under Ultimate Appropriated 2022 2023 2024 2025 2026 Review Total Cost Gross 51,750 20,750 11,000 0 0 0 0 20,000 Less Non-County Shares 0 01 0 0 01 01 0 0 Net 51,750 20,7501 11,000 0 01 01 01 20,000 Expended/Obligated Amount(in thousands)as of: 6,626 Current Bond Description: The project involves the replacement of the existing Waverly Avenue Bridge in the Town of Mamaroneck with a culvert that is wider and aligned with the stream channel to improve the carrying capacity of the culvert and accommodate flood waters. Financing Plan for Current Request: Non-County Shares: $ 0 Bonds/Notes: 2,200,000 Cash: 0 Total: S 2,200,000 SEQR Classification: TYPE II Amount Requested: 2,200,000 Comments: The project will implement a component of the larger USAGE project and will reduce flooding and flood damage,particularly in the immediate vicinity and along Waverly Avenue, which becomes impassable during even moderate flood events,preventing access by emergency vehicles to portions of Mamaroneck. Energy Efficiencies: NA 06-08-2022 08:47:49 AM Pag6"MW 254 Appropriation History: Year Amount Description 2009 5,400,000 MAMARONECK AND SHELDRAKE RIVERS BASIN FLOOD DAMAGE REDUCTION STUDY;FOUR LOCAL MUNICIPAL FLOOD PROJECTS 2012 5,000,000 FLOOD MITIGATION PROJECTS TO BE DETERMINED 2013 5,000,000 FLOOD RELATED PROJECTS 2015 150,000 DESIGN OF A STUDY FOR A COUNTYWIDE SYSTEM OF STREAM AND STORM GAUGES 2016 5,000,000 CONTINUATION OF THIS PROJECT 2021 200,000 DESIGN AND INSTALLATION OF A MAINTENANCE GATE AT SPRAIN BROOK,YONKERS 2022 11,000,000 DESIGN AND CONSTRUCTION OF USACE PROJECT IN VILLAGE OF MAMARONECK Total Appropriation History: 31,750,000 Financing History: Year Bond Act# Amount Issued Description 09 79 900,000 899,501 FLOOD MITIGATION STUDY:MAM'K &SHELDRAKE RIVERS BASIN 09 140 2,441,625 2,441,625 COUNTY PORTION OF FLOOD MITIGATION PROJECT IN COUNTY 17 11 2,974,874 2,502,238 COUNTY PORTION OF FLOOD MITIGATION PROJECT IN COUNTY (AMMENDED) 18 171 70,000 0 FUNDING FOR AN ENGINEERING STUDY TO DEVELOP A SOLUTION FOR FLOODING IN RYE BROOK, AVON CIRCLE AREA 19 108 300,000 0 INITIAL DESIGN OF PROJECT TO MITIGATE FLOODING ALONG THE HUTCHINSON RIVER 19 247 1,000,000 0 RECONSTRUCT THE HILLSIDE AVENUE BRIDGE IN THE VILLAGE OF MAMARONECK 21 l7l 350,000 0 FLOOD MITIGATION-TOWN OF NEW CASTLE(UNIQUE ID# 1694) 21 175 270,000 0 FLOOD MITIGATION-YONKERS (UNIQUE ID# 1692) Total Financing History: 8,306,499 Recommended By: Department of Planning Date W BB4 03-31-2022 Department of Public Works Date RJB4 04-01-2022 Budget Department Date LMY 1 04-04-2022 Requesting Department Date WBB4 04-04-2022 06-08-2022 08:47:50 AM Pag(Yaj,629)6f 254 a 01 0 0 o N t .A O � N > N 2 z z z z a 0 0 0 0 ro F- H F- H Q Q Q Q rco ? �2 L N Q) v w 0 0 0 0 N fu 0 a m Q <( ¢ Q `-' E D O D O c u n z z z z E z 0 0 0 0 v N C7 C7 (� C7 � C O 0 ~ J z rz, z rz N >' .Y12 Q(13 Q Q Q v L Vl UO Q Q Q Q N O Ln > a vi M2 V T a) i C aru N j7 Y C 7 z N N ro O` cri O O ry E o E } H 7 aL-' u ti O L y O O v N O O v 0 'ptn v C m O OA a) N O O O 0 Oi E 'rp Fy N O ri 14 a -0 ra m a 14 v > o E cn N a u ° E L � o v a, ra o o co o O v E o ru o •v E ra au N rq o O O N N 'D a) `ri Mri O O O O C O —OV VD ru n C CaWIt le O m CC C) O U. 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Page 142 of 254 STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) I, the undersigned Clerk of the Board of Legislators of the County of Westchester, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Board of Legislators of said County, including the Bond Act contained therein, held on August 1, 2022 with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law) , said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date Given July 27, 2022 WVOX FIOS1 News Channel 12 The Journal News Hometown Media I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s)on the following dates: Designated Location(s) of posted notice Date of Posting July 27, 2022 www.westchesterlegislators.com IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County Board of Legislator n August 1, 2022 OpRD OF qE f.•• Cjs, n �Vanderberg, Cle pV N 2,� tjchster Comex Board of L islators f 1683 �cyfSTER 0°a Page 143 of 254 The foregoing Bond Act was duly put to a vote which resulted as follows: AYES: Legislator Jose Alvarado Legislator Nancy Barr Legislator Catherine Borgia Legislator Benjamin Boykin Legislator Terry Clements Legislator Margaret Cunzio Legislator Vedat Gashi Legislator Christopher Johnson Legislator Damon Maher Legislator James Nolan Legislator Catherine Parker Legislator Erika Pierce Legislator MaryJane Shimsky Legislator Colin Smith Legislator David Tubiolo Legislator Jewel Williams-Johnson Legislator Tyrae Woodson-Samuels NOES: ABSENT: The Bond Act was thereupon declared duly adopted. APPROV BY THE COUNTY EXECUTIVE Date: J Page 144 of 254 ACT NO. 2022 - 93 AN ACT authorizing the County of Westchester to enter into an intermunicipal agreement with the Town of Mamaroneck in coiulection with a flood mitigation project (Capital Project BPL26). BE IT ENACTED by the County Board of Legislators of the County of Westchester as follows: Section 1. The County of Westchester (the "County") is hereby authorized to enter into an intennunicipal agreement (the"IMA")with the Town of Mamaroneck (the "Town"), in substantially the fonn attached hereto, in connection with a flood mitigation project to be conducted in the Town to mitigate flooding and flood damage in the immediate vicinity of the Waverly Avenue Bridge and along Waverly Avenue(the "Project"). §2. The County is hereby authorized to accept any real property interests from the Town in connection with the Project. §3. The term of the IMA shall commence upon execution thereof by both parties and approval of same by the Office of the County Attorney, and shall continue for the life of the bonds issued by the County for the construction of the Project. §4. The County Executive or his authorized designee is empowered to execute any and all documents necessary and appropriate to effectuate the purposes hereof. §5. This Act shall take effect immediately. Page 145 of 254 STATE OF NEW YORK ) ) ss. COUNTY OF WESTCHESTER ) I HEREBY CERTIFY that I have compared the foregoing (Bond) Act No. 92 - 2022, and Act No. 93 - 2022, with the originals on file in my office, and that the same are correct transcripts therefrom, and of the whole, of said original (Bond) Act, and Act which were duly adopted by the Westchester County Board of Legislators, of the County of Westchester on August 1, 2022, and approved by the County Executive on August 2, 2022. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Seal of said County Board of Legislators on this Yd day of August, 2022. k 40 - t Ma ika er erg The Clerk of the Westchester County Board of Legislators County of Westchester, New York CW Jrf �uuxT�. •yam O{ * 168 3 ,� Page 146 of 254 AGREEMENT, made the day of , 2023 by and between THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601, (hereinafter referred to as the "County") and THE TOWN OF MAMARONECK, a municipal corporation of the State of New York, having an office and place of business at 740 West Boston Post Road, Mamaroneck, New York, 10543 (hereinafter referred to as the "Municipality"). RECITALS WHEREAS, in response to serious flooding issues throughout Westchester County, in 2011 the County enacted the Westchester County Storm Water Management Law ("SWML") to assist municipalities with storm water management (flood mitigation). See Laws of Westchester County Chapter 241, Article III-A, Sections 241.252-241.260. The SWML provides for the evaluation of flooding within the County through preparation of watershed "reconnaissance plans", and the SWML authorizes County cooperation with municipalities, including funding assistance, to improve storm water management and reduce flooding. The SWML authorizes the creation of a Storm Water Advisory Board(the "SWAB")to assist County municipalities in addressing flooding; and WHEREAS, the SWML enables the County to partner with County municipalities to provide funding for flood mitigation and/or flood damage reduction projects; and WHEREAS, the SWML funding program is divided into "Phase I" funding and "Phase Il" funding; and WHEREAS, Phase I funding is up to fifty (50) percent toward the costs for the preparation of detailed design, specification and construction documents for flood mitigation and/or flood damage reduction projects; and WHEREAS, Phase II funding is up to fifty (50) percent toward the costs for the implementation and construction of flood mitigation and/or flood damage reduction projects; and Page 147 of 254 WHEREAS, approval by the Board of Legislators for Phase I funding does not guarantee approval for Phase II funding; and WHEREAS, the Municipality wishes to participate in the SWML funding program and has submitted an application to the County for Phase II financial assistance to address flooding problems within the Municipality; and WHEREAS, a Storm Water Reconnaissance Plan has been prepared by the County departments of Planning and Public Works and Transportation pursuant to the SWML entitled the Stormwater Reconnaissance Plan for the Coastal Long Island Sound Watershed (the "Reconnaissance Plan"); and WHEREAS, the Reconnaissance Plan was recommended by the SWAB to the County Executive and the Board of Legislators; and WHEREAS,the Board of Legislators approved the Reconnaissance Plan on August 4, 2014 by Act No. 134 - 2014; and WHEREAS, the area of flooding for which the Municipality wishes to participate in the SWML funding program is identified in a study or as a flood problem area in the Reconnaissance Plan; and WHEREAS, pursuant to the SWML funding program and in an effort to protect County- owned and/or managed infrastructure, assets and property, including the protection of County bridges, sanitary sewer and/or storm water pipes, and County parkland and other municipal and private property, the County desires to contribute Phase 11 funding to the costs of a flood mitigation and/or flood damage reduction project involving the replacement of the Waverly Avenue Bridge, which is included in the U.S. Army Corps of Engineers Mamaroneck-Sheldrake Rivers General Revaluation Report and, as such, is an eligible project area in the Reconnaissance Plan (the "Project"), and further described herein, to be undertaken by the Municipality; and WHEREAS, the Municipality has prepared designs, specifications and construction documents for the Project and the Project has been presented to and received support from the County Stormwater Advisory Board. Page 148 of 254 NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements herein set forth, the County and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant and agree as follows: ARTICLE I TERM Section 1.0. The recitals are hereby incorporated by reference into the body of this Agreement. Section 1.1. The term of this Agreement shall be for a period commencing upon full execution hereof by both parties and approval of same by the Office of County Attorney, as evidenced by the date on the top of page 1 of this Agreement, and shall continue for a period equal to or greater than the life of any bonds issued by the County to fund the County's portion of the Project. ARTICLE II TERMS OF PAYMENT,EASEMENT AND MUNICIPALITY REPRESENTATIONS Section 2.0. Pursuant to the County's SWML funding program and in an effort to protect County-owned and/or managed infrastructure, assets and property, including the protection of County bridges, sanitary sewer and/or storm water pipes, and County parkland and other municipal and private property, the County desires at this time to contribute Phase II funding toward construction costs of the Project, including any final designs and construction documents. The Project is owned by the Municipality and consists of flood mitigation and/or flood damage reduction work. The scope of work for this Phase II funding agreement is more fully described in Schedule "A", attached hereto and made a part hereof. In consideration for the County's aforesaid contribution, the Municipality represents that it shall complete the design, specification, construction documents and construction of the Project in accordance with Schedule"A" and all of the other terms of this Agreement. The County agrees to finance the design, specification, construction documents and construction for the Project on a reimbursement basis. It is recognized and understood by the Municipality that at the time of execution of this Agreement, the County has obtained appropriations and bonding authority to fund up to $2,084,986.00 for the construction of the Project. The County share of the construction of the Project shall not exceed that amount. Eligible project construction costs Page 149 of 254 up to $4,169,972.00 shall be paid up to fifty (50)percent by the County (up to $2,084,986.00) and fifty (50) percent by the Municipality; provided, however, should the total eligible project construction costs be less than $4,169,972.00, the County shall only be responsible for fifty (50) percent of the lesser amount. The Municipality shall be responsible for all costs in relation to the Project that exceed the County's contribution set forth herein, and under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall the County be expected or required to make any payment of any kind whatsoever or be under any other obligation or liability hereunder in connection with this Project except as herein expressly set forth. The County does not provide or extend any warranty of fitness for a particular purpose or workmanship for any work undertaken in connection with, or paid under, this Agreement. Payment hereunder by the County shall operate as a release to the County from any and all obligations or liabilities in connection herewith to the Municipality, its contractor(s), or subcontractor(s) hereunder. Section 2.1. The Municipality represents that within one (1) year of the date hereof that the "Flood Mitigation Criteria" developed by the SWAB and approved by the Board of Legislators will have been adopted in the Municipality's appropriate land use regulations, guidelines and policies or in stand-alone form, and documentation of the adoption of such policies must be provided to and approved by the Commissioner of the County Department of Planning ("Planning Commissioner"). It is understood and agreed to by the Municipality that the payment of County funds under this Agreement for the Project is contingent upon the Municipality's adoption of the aforesaid policies. Section 2.2. The parties agree that all payments made by the County to the Municipality shall be on a reimbursement basis only. Any and all requests for payment to be made, including any request for partial payment upon completion of a portion of the Project, shall be submitted by the Municipality on properly executed payment vouchers of the County and paid only after approval by the Planning Commissioner and the Commissioner of the Westchester County Department of Public Works and Transportation ("DPWT Commissioner"). The Municipality agrees that it shall submit all documentation that the County may require to substantiate all requests for payment. All payment vouchers must be accompanied by a numbered invoice and must contain the invoice number where indicated. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. In no event shall a final payment be made to the Municipality prior to completion of the Project and the approval of same by the Planning Commissioner and DPWT Commissioner. If at any Page 150 of 254 time the Municipality shall neglect or fail to perform properly any of its obligations under this Agreement, the County shall have the right to withhold, in whole or in part, any payments otherwise due or to become due to the Municipality hereunder until such neglect or failure shall have been remedied to the reasonable satisfaction of the County. Section 2.3. Prior to the construction of the Project, the Municipality agrees to convey to the County, its successors, and assigns a non-exclusive easement(s) (the "Easement(s)") in, upon, under and over that portion of the Municipality's property within which the Project is located (the "Property"), which Easement(s) shall be substantially in the form attached hereto and made a part hereof as Schedule "B". The Municipality shall be solely responsible for obtaining any and all easements on non-Municipally-owned property needed in connection with the carrying out of the Project and shall provide copies of said easements to the Planning Commissioner. Said easements shall name Westchester County as a Grantee solely for the purposes of carrying out the work needed to accomplish the Project and said easements shall be for a term equal to or greater than the life of any bonds issued by the County to fund the County's portion of the Project. Section 2.4. The Municipality represents warrants and guarantees that: (a) It is a municipal corporation duly organized, validly existing under the laws of the State of New York; the execution and performance of this Agreement by the Municipality has been duly authorized by its governing body; this Agreement, and any other documents required to be delivered by the Municipality when so delivered, will constitute the legal, valid and binding obligations of the Municipality in accordance with their respective terms; and the Municipality will deliver to the County at the time of execution of this Agreement a resolution adopted by its governing body authorizing the execution of this Agreement, and any other documents required to be delivered by the Municipality, including the aforesaid Easement; (b) The person signing this Agreement on behalf of the Municipality has full authority to bind the Municipality to all of the terms and conditions of this Agreement pursuant to the resolution granting such authority by the Municipality's governing body, as noted above; (c) It is financially and technically qualified to perform its obligations hereunder, including without limitation, full implementation of the Project; and (d) The Municipality acknowledges that the County is acting in reliance on the above representations. Page 151 of 254 ARTICLE III MANAGEMENT OF THE PROJECT Section 3.0. The Municipality shall be responsible for all construction phases of the Project, including, but not limited to, any additional study or engineering necessary to fully comply with the requirements of the funding program, final engineering, specifications and designs, and all phases of construction and post-construction elements. The Municipality shall submit any required documentation, including additional engineering or progress reports, to the DPWT Commissioner or his duly authorized representative and to the Planning Commissioner or her duly authorized designee for review, and said design plans and specifications shall be mutually approved by all parties. The Municipality shall fully complete the project tasks as set forth in Schedule "A" and submit proof of such completion to the County for its review and approval on or before five (5) years from the date of the execution of this Agreement by all parties. Notwithstanding the foregoing, the parties may agree to a twelve (12) month extension of time for completion, subject to all necessary legal approvals for such extension of time. In the event that the Municipality fails to complete the scope of work set forth in Schedule "A" and submit proof of such completion to the County in a timely manner as set forth herein, including any twelve (12) month extension agreed to between the parties, it shall remit all funds disbursed hereunder to the County within thirty (30) days of receipt of written request from the County unless an extension of time for completion is mutually agreed to between the parties, subject to all necessary legal approvals for said extension of time. Section 3.1. In connection with the Project, the Municipality shall obtain all required approvals and permits and promptly execute and comply with all statutes, ordinances, rules, orders, regulations, codes and requirements of the Federal, State, County and municipal governments of the County. The Municipality shall also comply with any and all sanitary rules and regulations of the State and County Health Departments and with the State Environmental Quality Review Act. The Municipality shall comply with the aforementioned statutes, ordinances, rules, orders, regulations, Page 152 of 254 codes and requirements in its implementation of the Project including, but not limited to management, operation, maintenance and supervision of same. ARTICLE IV FAIR AND AFFORDABLE HOUSING CONDITIONS Section 4.0. The Municipality hereby commits to the County that it is in compliance with the terms and conditions set forth in the County's Discretionary Funding Policy annexed hereto and forming a part hereof as Schedule "E" or has submitted documentation to the satisfaction of the County that the Municipality is not considered an eligible municipality under these requirements. Section 4.1. As further consideration for the County's financial contribution toward the Project, the Municipality certifies that it has adopted municipal zoning code provisions and/or policies which reflect the guidance provided in the Model Ordinance Provisions and the Municipality is committed to affirmatively further fair housing, including a ban on local residency requirements and preferences and other selection preferences that do not affirmatively further fair housing, except to the extent provided in the Model Ordinance Provisions. Section 4.2. The Municipality agrees to offer to the County a Right of First Refusal to retain and/or purchase any and all land acquired in rem to be used for housing that affirmatively furthers fair housing ("AFFH"). Section 4.3. The Municipality agrees to actively affirmatively further fair housing through its land use regulations and other affirmative measures to assist the development of affordable housing. Section 4.4. The Municipality further agrees to market housing units that affirmatively further fair housing in accordance with Westchester County's Affirmative Fair Housing Marketing Plan throughout the period of affordability. Section 4.5. Nothing in this Agreement is intended to affect the County's interest in the Project or release the Municipality from its obligations under the law with respect to affordable AFFH units. Section 4.6. Should the Municipality fail to abide by any of the above conditions, the Municipality shall, upon thirty (30) days written notice by the County, refund any funds paid to the Municipality under this Agreement. Page 153 of 254 ARTICLE V ACCOUNTING Section 5.0. The Municipality shall cause accurate records and books of account to be maintained in which shall be entered all matters relating to this Agreement, including all liabilities thereof and all expenditures, and payments to any and all contractors or subcontractors involved in the Project. Such books and records shall be maintained in accordance with generally accepted accounting principles, consistently applied and shall be kept at a location within Westchester County. The Municipality will provide the County with documentation, upon the County's request, in order to verify same. The County shall have the right to audit, inspect, examine and copy such books and records of the Municipality at all reasonable times during normal business hours at the office of the Municipality. The County's audit rights hereunder extend to all documents, reports, and records which relate to the Municipality's commitment to affirmatively further fair housing as described in Article IV herein. ARTICLE VI NOTICES Section 6.0. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier, (with acknowledgement received and a copy of the notice sent by registered or certified mail, postage pre-paid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following: To the County: Commissioner Department of Planning County of Westchester 148 Martine Avenue White Plains, New York 1060 Commissioner Department of Public Works and Transportation County of Westchester Page 154 of 254 148 Martine Avenue White Plains, New York 10601 with a copy to: County Attorney County of Westchester 148 Martine Avenue Room 600 White Plains, New York 10601 To the Municipality: The Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York, 10543 with a copy to: Page 155 of 254 ARTICLE VII INDEMNIFICATION Section 7.0. To the fullest extent permitted by law, the Municipality shall defend, indemnify and hold harmless the County, its elected officials, officers, employees and agents (the "Indemnitees") from and against, any and all liability, damage, claims, demands, costs,judgments, fees, attorney's fees or loss arising directly or indirectly from the Project, including any which may arise from a change in applicable laws, rules and regulations, that may be imposed upon or incurred by or asserted against any of the Indemnitees by reason of any of the following: (a) Work. Any construction, repair, alteration, addition, replacement, restoration or improvement work done by or on behalf of the Municipality in, on or about the Project or any part thereof, (b) Use. The use, occupation, condition, operation, maintenance, management, supervision or development of or providing security for all or any portion of the Project, or the affected portion thereof, by or on behalf of the Municipality, including without limitation, any liability with respect to the any violations imposed by any governmental authorities in respect of any of the foregoing; (c) Act or Failure to Act of Municipality. Any act performed by, or any failure to perform any act required to be performed by the Municipality, a third parry under the direction or control of the Municipality, or any of the Municipality's officers, agents, contractors, servants, employees, lessees or invitees in connection with this Agreement or the Project; (d) Accidents, Injury to Person or Property. Any accident, injury, (including death at any time resulting therefrom) or damage to any person, including, without limitation, employees of the Municipality or any Indemnitee, or property occurring in, on, or about the Project or any part thereof, or (e) Breach of Municipality's Obligation._ Any failure or refusal on the part of the Municipality to perform its obligations pursuant to this Agreement. (f) Municipality's Obligations._ The Municipality's failure, within any applicable grace period, to perform or comply with any of the covenants, terms or conditions contained in this Agreement on the Municipality's part to be kept, observed, performed or complied with within any applicable grace period. Page 156 of 254 Section 7.1. The Municipality hereby further acknowledges and agrees that it shall defend, indemnify and hold harmless the County for any "Environmental Damages" to the Property. "Environmental Damages" shall mean all claims, damages, demands losses, penalties, fines, fees, liabilities (including strict liability), encumbrances, liens, costs and expenses of investigation and defense of any, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including, without limitation, reasonable attorney's fees and disbursements and consultants' fees, any of which are incurred as the result of the existence of"Hazardous Material" or "Hazardous Waste" upon, beneath, or about the Property or migrating or threatening to migrate to or from the Property, or the existence of a violation of"Environmental Requirements" pertaining to the Property, regardless of whether the existence of such "Hazardous Materials" or "Hazardous Waste" or the violation of"Environmental Requirements" arose prior to the Municipality or County's ownership of the Property, including, without limitation: (i) damages for personal injury, or injury to Property or natural resources occurring upon or off the Property, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition or rebuilding of any improvements of real property, interest and penalties; (ii) fees incurred for the service of attorneys, consultants, contractors or experts, laboratories and all other costs incurred in connection with the investigation or remediation of such "Hazardous Materials" or "Hazardous Waste" or violation of "Environmental Requirements" including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or reasonably necessary to make the full use of the Property or any other property or otherwise expended in connection with such conditions; and (iii) liability to any third person or governmental agency to indemnify such person or agency for the costs expended in connection with the items referenced in subparagraph (ii) herein; (iv) diminution in the value of the Property and damages for loss of business and restriction on the use of the Property or any part thereof. Page 157 of 254 Section 7.1.a. Definitions. For the purposes of this Agreement, the following definitions shall apply: (1) "Hazardous Materials" or"Hazardous Waste" shall mean any substance: (i) the presence of which requires investigation or remediation under any federal, state, or local statute, regulation, ordinance, order, action,policy or common law; or (ii) which is or becomes defined as a hazardous waste, hazardous substance,pollutant or contaminant under any federal, state or local statute, regulation, rule, or ordinance or amendments thereto including, without limitations, the United States Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 USC §9601 (14) 42 USC §9602 and any "hazardous waste" as defined in or listed under the United States Solid Waste Disposal Act, as amended, 42 USC §6901(5), 42 USC §6921; or (iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board or instrumentality of the United States, the State of New York or any political subdivision thereof, or (iv) the presence of which, on the Property, causes or threatens to cause a nuisance on the Property or to nearby properties or poses or threatens to pose a hazard to the health and safety of persons on, about or nearby the Property; or (v) the presence of which on nearby properties would constitute a trespass by the owner of the Property; or (vi) without limitation which contains gasoline, diesel fuel, or other petroleum hydrocarbons; or (vii) without limitation which contains polychlorinated bipheynols (PCBs), asbestos, or urea formaldehyde foam insulation. (2) "Environmental Requirements" shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all government agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, the State of New York and the political subdivisions thereof, and all applicable judicial, administrative, and regulatory decrees,judgments, and orders relating to the protection of human health or the environment. Section 7.2. The Municipality shall promptly notify the County in writing of any claims made or any suits instituted against the Municipality of which it has knowledge arising from its performances hereunder or in connection with this Agreement or in connection with the Project. Page 158 of 254 Section 7.3. In the event the Municipality does not provide the above defense and indemnification to the County, and such refusal or denial to provide the above defense and indemnification is found to be in breach of all or part of this Article, then the Municipality shall reimburse the County's reasonable attorney's fees incurred in connection with the defense of any action, and in connection with enforcing all or part of this Article of the Agreement. Section 7.4. This Article shall survive termination or expiration of this Agreement. ARTICLE VIII MISCELLANEOUS Section 8.0. Any purported delegation of duties or assignment of rights under this Agreement without the prior express written consent of the County is void. Section 8.1. The Municipality shall submit documentation to the County demonstrating compliance with the State Environmental Quality Review Act and its implementing regulations ("SEQR"), including those activities that have been determined not to constitute an action as defined by SEQR or activities determined to be Type II actions as defined by SEQR. The Municipality shall act as the lead agency for meeting the requirements of SEQR for any Unlisted or Type I action that is undertaken pursuant to this Agreement, unless otherwise directed by the Planning Commissioner. The Municipality shall include the County as an Involved Agency (as defined in SEQR) in all matters relating to SEQR and conduct a coordinated review where applicable. Section 8.2. The failure of the County to insist upon strict performance of any term, condition or covenant herein shall not be deemed a waiver of any rights or remedies that the County may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions or covenants herein. Section 8.3. It is mutually understood and agreed that the terms, covenants, conditions and agreements herein contained shall be binding upon the parties hereto and upon their respective successors, legal representatives and assigns. Section 8.4. This Agreement and its attachments constitute the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all previous negotiations, Page 159 of 254 commitments and writings. This Agreement shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties, and approved by the Office of the County Attorney. Section 8.5. It is recognized and understood that the Municipality is not an agent of the County and in accordance with such status, the Municipality, its consultant(s), its subcontractor(s), and their respective officers, agents, employees, representatives and servants shall at all times during the term of this Agreement neither hold themselves out as, nor claim to be acting in the capacity of officers, employees, agents, representatives or servants of the County, nor make any claim, demand or application for any right or privilege applicable to the County, including without limitation, rights or privileges derived from workers compensation coverage, unemployment insurance benefits, social security coverage and retirement membership or credit. Section 8.6. The Municipality shall comply with the insurance requirements contained in Schedule "C" entitled "Standard Insurance Provisions," attached hereto and made a part hereof. The Municipality may, in lieu of procuring and maintaining the aforesaid insurance, elect to obtain such coverage through a program of self-insurance, which coverage and program shall be in accordance with generally accepted standards for similarly situated entities. In addition to the foregoing, the Municipality shall contractually ensure that all of its contractors, subcontractors and/or independent contractors (individually a "Contractor" or collectively, the "Contractors") that are engaged to construct the Project shall provide such insurance coverage as described in Schedule "C" naming as additional insured, the Municipality and the County and their respective officials (elected or otherwise), officers, employees and agents (collectively the "Additional Insureds"). The Municipality shall require, before the Project commences that each such insurance policy be endorsed to contain the following clauses: (a) the insurer shall have no right to recovery or subrogation against the Additional Insureds (including their respective officials (elected or otherwise), officers, employees and agents), it being the intention that the insurance policy shall protect both the insured and the Additional Insureds and be primary coverage for any and all losses covered by such insurance; (b) the clause "other insurance provisions" in any such insurance policy shall not apply to the Additional Insureds or their insurance policies; (c) the insurer issuing the policy shall have no recourse against the Additional Insureds (including their respective officials (elected or otherwise), officers, employees and agents) for payment of any premiums or for assessments under any form of policy; and (d) any and all deductibles Page 160 of 254 in such insurance policy shall be assumed by and be for the account of, and at the sole risk of the Contractor. Section 8.7. This Agreement shall not be enforceable until signed by all parties and approved by the Office of the County Attorney. Section 8.8. In the event that any one or more provisions, sections, subsections, clauses or words of this Agreement are for any reason held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, but this Agreement shall be construed and enforced as if such illegal or invalid section, subsection, clause or word has not been contained herein. Section 8.9. This Agreement shall be deemed executory only to the extent of funds appropriated and made available for the purpose of this Agreement and no liability on account thereof shall be incurred by the County beyond the amount of such appropriated funds. Section 8.10. All covenants, stipulations, promises, agreements and obligations of the Municipality and the County contained herein shall be deemed to be stipulations, promises, agreements and obligations of the Municipality and the County and not of any member, officer or employee of the Municipality or the County in his/her individual capacity and no recourse shall be had for any obligation or liability herein or any claim based thereon against any member, officer or employee of the Municipality or the County or any natural person executing this Agreement. Section 8.11. The parties represent that they have all requisite power and authority to execute, deliver and perform this Agreement, and this Agreement has been duly authorized by all necessary action on the part of the parties. The parties each agree to execute and deliver such further instruments and to seek such additional authority as may be required to carry out the intent and purpose of this Agreement, including providing the County with any necessary property interests in the Project in order for the County to fund the Project. Section 8.12. This Agreement may be executed in two or more counterparts and all counterparts so executed shall for all purposes constitute one agreement binding upon all the parties hereto. Section 8.13. Nothing in this Agreement shall act to confer third-party beneficiary rights on any person or entity not a party to this Agreement. Section 8.14. The headings in this Agreement are for reference purposes only and shall not be used in construing the terms of this Agreement. Page 161 of 254 Section 8.15. The Municipality agrees to comply with the terms set forth in Schedule "D", attached hereto and made a part hereof, regarding Vendor Direct Payment Terms. Section 8.16. The Municipality hereby acknowledges that any provision of this Agreement which requires consent of the County shall be subject to receipt by the County of any and all necessary legal approvals. Section 8.17. No director, officer, employee, agent or other person authorized to act on behalf of the County shall have any personal liability in connection with this Agreement or any failure of the County to perform its obligations hereunder. No director, officer, employee, agent or other person authorized to act on behalf of the Municipality shall have any personal liability in connection with this Agreement or any failure of the Municipality to perform its obligations hereunder. Section 8.18. The Municipality agrees to allow the County reasonable access to the Project, during normal business hours, to permit inspection and observation of the Project. The Municipality may require the County to provide reasonable notice prior to such inspection and observation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. COUNTY OF WESTCHESTER By: Norma Drummond Commissioner of Planning TOWN OF MAMARONECK By: (Name and Title) Approved by the Board of Legislators of the County of Westchester by Act No. 92-2022 on the 1st day of August, 2022 Approved by the Town Board of the Town of Mamaroneck on the day of , 2022. Approved as to form and manner of execution: Page 162 of 254 Sr. Assistant County Attorney County of Westchester Page 163 of 254 MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On the day of in the year 20 before me, the undersigned, a Notary Public in and for said State,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Signature and Office of individual taking acknowledgment Page 164 of 254 CERTIFICATE OF AUTHORITY I, , (Officer other than officer signing contract) certify that I am the of (Title) the (the"Municipality") a municipal corporation duly organized and in good standing under the (Law under which organized, e.g., the New York Business Corporate Law) named in the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution (Title of such person) of the Municipality and that said agreement was duly signed for and on behalf of said Municipality by authority of its Board of , thereunto duly authorized and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On this day of , 20 , before me personally came , whose signature appears above, to me known, and known to me to be the of (Title) , the Municipality described in and which executed the above certificate, who being by me duly sworn did depose and say that he/she, the said of said Municipality resides at , and that he/she signed his/her name hereto by order of the Board of of said Municipality. Notary Public County of Page 165 of 254 SCHEDULE "A" SCOPE OF WORK The Scope of Work for the Project shall include any work associated with the following tasks. Funds may be moved between tasks, subject to prior review and approval by the County. Reimbursements will be made in accordance with the requirements and procedures specified in this agreement. The total amount reimbursed by the County shall not exceed the maximum amount stated herein. Project Description: The replacement of the existing bridge across the Sheldrake River located on Waverly Avenue. This will encompass all aspects of demolition and removal of the existing structure, construction/installation of new culverts and associated structures, rehabilitation of the existing roadway, and restoration of the stream channel. The project scope will also include acquisition of necessary rights-of-way, construction inspection, and preparation of any incidental design and construction plans and specifications to ensure full project implementation. TASK TOTAL AMOUNT 50% Design & ROW Incidentals $268,772 $134,386 RO W Ac uisition $25,300 $12,650 Construction $3,525,900 $1,762,950 Construction Inspection $350,000 $175,000 TOTAL COST 4,169,972 $2,084,986 Page 166 of 254 SCHEDULE `B" EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made the day of , 2023, by THE TOWN OF MAMARONECK, a municipal corporation organized and existing under the laws of the State of New York having an office and place of business at 740 West Boston Post Road, Mamaroneck, New York 10543 ("Grantor"); and THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred to as the "County" and/or the "Grantee") WITNESSETH: WHEREAS, Grantor is the owner of the fee title of that certain portion of real property located in the Town of Mamaroneck, New York known as the Waverly Avenue Bridge, located on Waverly Avenue just west of the intersection of Waverly Avenue and Plaza Avenue, which real property is more particularly described in schedules "B-1" and"B-2"which are annexed hereto and made a part hereof(the"Subject Property"). That the Grantor in consideration of the sum of One ($1.00) Dollar lawful money of the United States, paid by the Grantee, receipt of which is hereby acknowledged, does hereby grant and release unto the Grantee, its successors and assigns, a non-exclusive easement (the "Easement") in, on, over, under and through the Subject Property, as more particularly described in schedules "B-l" and "B-2," which are attached hereto and made a part hereof, for the purpose of accessing certain improvements known as the Project consisting of flood mitigation improvements and described in a separate Inter-municipal Agreement of even date between the Grantor and Grantee, to construct, operate, maintain, repair, replace, inspect, or restore the Project. The Easement granted herein is subject to the following restrictions: The Grantor covenants that, until such time as the Bonds (defined below) have matured or been fully redeemed, neither it, nor its successors or assigns, shall do anything, or allow anything to be done, which in the reasonable opinion of the County would injure, endanger, impede use of or impair the Project in any material respect, or the operation thereof, located within the Easement, The Grantor acknowledges that the easement rights of the County granted herein regarding the Project Improvements constructed in, on, over, under or through the Easement shall encumber such Project Improvements for so long as the bonds of the Page 167 of 254 County (the 'Bonds"), which made funds available for said Project are outstanding, pursuant to the terms of the certain inter-municipal agreement by and between the Municipality and the County of even date herewith. The Grantee shall not interfere with or disturb the construction, use, operation, maintenance or repair of any improvements now or hereafter situated within or upon the Project property. The Easement shall run with the land and the provisions contained herein shall be binding upon and inure to the benefit of and be enforceable by the County, its successors and assigns until the Bonds have matured or been fully redeemed. TO HAVE AND TO HOLD the Easement granted herein unto the County, its successors and assigns, until such time as the Bonds have matured or been fully redeemed. IN WITNESS WHEREOF, the Grantor has executed this instrument the day and year first above written. TOWN OF MAMARONECK By: COUNTY OF WESTCHESTER By: Record and Return to: Page 168 of 254 MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On the day of in the year 20 before me, the undersigned, a Notary Public in and for said State,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Signature and Office of individual taking acknowledgment COUNTY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On the day of in the year 2021 before me, the undersigned, a Notary Public in and for said State,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Signature and Office of individual taking acknowledgment Page 169 of 254 SCHEDULE `B-1" EASEMENT BOUNDARY Ole x qP Rs Ida _---------------------- pw ® a w w wig y ; P4 y 1 3z I D € � qh \ '4` Si Y 1+5p Ed u tl o� o Lr � 3.c-esaa.iss c'� - •Ui55 I — IIII I W M+ W x I I 1 NNStl30M'f YiriXNI 1]3fOtld N16'eW!'f M]3X] L'iX]tl[tl'Y xNLJYtlO Ng5N�f1 T b3A N3fJ16[i 11 N9153tl ILSYi]Y'f tl39tlXYN NOf UTIN3tlilltl 9 MY'Ui tl3d15 N915101 �6P'���®3�NY9fH.3fM 3llf Page 170 of 254 SCHEDULE "B-2" EASEMENT DESCRIPTION LEGAL DESCRIPTION EASEMENT AREA WAVERLY AVENUE BRIDGE REPLACEMENT OVER THE SHELDRAKE RIVER Beginning at a point on the northeast corner of the Waverly Avenue and Plaza Avenue intersection, said point being North 47019'3.4" East a distance of 11.24 feet, measured from Baseline Point 301 of the hereinafter described survey baseline for the reconstruction of the Waverly Avenue Bridge over the Sheldrake River, said point also being on the boundary line between lands now or formerly owned by Village of Mamaroneck and lands now or formerly owned by Washingtonville Housing Alliance; thence along said boundary line North 37038'59.8" East a distance of 21 .26 feet to a point, said point also being on the aforementioned boundary line; thence through lands now or formerly owned by the Village of Mamaroneck North 52049'0" West a distance of 33.00 feet to a point, said point being on the boundary line between lands now or formerly owned by the Village of Mamaroneck and lands now or formerly owned by Montiero / Wilson; thence along said boundary line South 37038'53.0" West a distance of 20.09 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line North 39012'55.5" West a distance of 33.91 feet to a point, said point also being on the aforementioned boundary line; thence through lands now or formerly owned by the Village of Mamaroneck South 50051'57.4" West a distance of 55.46 feet to a point, said point being on lands now or formerly owned by the Village of Mamaroneck; thence continuing through lands now or formerly owned by the Village of Mamaroneck South 22019'9.1" East a distance of 41.43 feet to a point, said point being on the boundary line between lands now or formerly owned by the Village of Mamaroneck and lands now or formerly owned by 311 Waverly LLC; thence along said boundary line South 35027'47.5" West a distance of 19.46 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line South 32058'59.7" East a distance of 15.69 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line South 37017'29.4" West a distance of 5.91 feet to a point, said point also being on the aforementioned boundary line; Page 171 of 254 thence along said boundary line South 48055'49.5" East a distance of 2.76 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line South 37018'55.5" West a distance of 11 .08 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line South 41°20'1 .5" West a distance of 11 .89 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line South 39053'29.5" West a distance of 28.49 feet to a point, said point also being on the aforementioned boundary line; thence through lands now or formerly owned by the Village of Mamaroneck South 52022'32.9" East a distance of 59.81 feet to a point, said point being on the boundary line between lands now or formerly owned by the Village of Mamaroneck and lands now or formerly owned by First Pacific Realty Company LLC; thence along said boundary line North 41°4'10.5" East a distance of 76.29 feet to a point, said point being on the boundary line between lands now or formerly owned by the Village of Mamaroneck, lands now or formerly owned by First Pacific Realty Company LLC, and lands now or formerly owned by Sheldrake Station Development LLC / Maple Sheldrake LLC; thence along boundary line North 48015'0.0" West a distance of 9.92 feet to a point, said point being on the boundary line between lands now or formerly owned by the Village of Mamaroneck and lands now or formerly owned by Sheldrake Station Development LLC / Maple Sheldrake LLC; thence along said boundary line North 46030'49.9" East a distance of 19.56 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line North 45021'20.2" West a distance of 6.45 feet to a point, said point also being on the aforementioned boundary line; thence along said boundary line North 13039'48.7" West a distance of 16.60 feet to a point, said point also being on the aforementioned boundary line; thence along boundary line North 23057'14.8" East a distance of 41 .86 feet to a point, said point also being on the boundary line between lands now or formerly owned by Village of Mamaroneck, lands now or formerly owned by Sheldrake Station Development LLC / Maple Sheldrake LLC, and lands now or formerly owned by Washingtonville Housing Alliance; thence along boundary line lands North 45055'10.2" East a distance of 1 .91 feet to the point of beginning, said point also being on the boundary line between lands now or formerly owned by Village of Mamaroneck and lands now or formerly owned by Washingtonville Housing Alliance. Containing 11734.6 square feet, or 0.27 acres more or less. Page 172 of 254 SCHEDULE "C" STANDARD INSURANCE PROVISIONS (MUNICIPALITY) 1. Prior to commencing work, and throughout the term of the Agreement, the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. Municipality shall provide evidence of such insurance to the County of Westchester("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County ("Director"). The policies or certificates thereof shall provide that ten (10) days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Municipality shall upon notice to that effect from the County,promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the "County of Westchester" and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Municipality's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. Page 173 of 254 2 The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the Agreement): a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB- 120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE- 200, available to download at: http://www.wcb.ny.gov. If the employer is self-insured for Workers' Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). b) Commercial General Liability Insurance with a combined single limit of $1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the "County of Westchester" as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i. Premises - Operations. ii. Broad Form Contractual. iii. Independent Contractor and Sub-Contractor. iv. Products and Completed Operations. c) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and Aggregate naming the "County of Westchester" as additional insured, written on a"follow the form"basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County of Westchester for both on-going and completed operations. d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of$100,000 per occurrence for property damage or a combined single limit of$1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages and name the "County of Westchester" as additional insured: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. Page 174 of 254 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. (c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. Page 175 of 254 SCHEDULE "D" VENDOR DIRECT PAYMENT TERMS Westchester County Vendor Direct Program Frequently Asked Questions 1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER(EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There are several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure—Paper checks can be lost in the mail or stolen,but money deposited directly into your bank account is more secure. You save time—Money deposited into your bank account is automatic.You save the time of preparing and delivering the deposit to the bank. Additionally,the funds are immediately available to you. 2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS THEY WERE BEFORE VENDOR DIRECT? Yes. 3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND WHAT IT IS FOR? Under the Vendor Direct program you will receive an e-mail notification two days prior to the day the payment will be credited to your designated account. The e-mail notification will come in the form of a remittance advice with the same information that currently appears on your check stub, and will contain the date that the funds will be credited to your account. 5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received. 6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE E-MAIL? In the unlikely event that this occurs,please contact the Westchester County Accounts Payable Department at 914-995-4708. 7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted. Please contact the Westchester County Accounts Payable Department at 914-995-4708 and we will e-mail you a new form. 8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM,WHY MUST I HAVE IT SIGNED BY A BANK OFFICIAL IF I DON'T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments. Page 176 of 254 INSERT VENDOR DIRECT FORM Page 177 of 254 SCHEDULE "E" County's Discretionary Funding Policy attached hereto. WESTCHESTER COUNTY FAIR AND AFFORDABLE HOUSING IMPLEMENTATION PLAN August 9,2010 Annendix D-2(ii): Discretionary Funding Allocation Policy as approved January 10,2012 Page 178 of 254 DISCRETIONARY FUNDING POLICY In August 2009, Westchester County entered into a Stipulation and Order of Settlement and Dismissal in US. ex rel. Anti-Discrimination Center of Metro New York v. Westchester County,New York (the "Settlement Agreement"). Beginning on March 1, 2012, the grant of discretionary intermunicipal funding, including but not limited to County Open Space funds and CDBG funding, ("Discretionary Funding") to municipalities eligible under the Settlement Agreement ("Recipient Eligible Municipalities") shall be conditioned, as appropriate, upon the Recipient Eligible Municipality's commitment to affirmatively further fair housing within its borders. This policy does not apply to municipalities in Westchester County other than the Recipient Eligible Municipalities. Each Recipient Eligible Municipality shall be required to commit to the County, in writing,that it is in compliance with the following terms and conditions in connection with its commitment to affirmatively further fair housing: (a)Recipient Eligible Municipality has adopted municipal zoning code provisions and/or policies which reflect the guidance provided in the Model Ordinance Provisions approved pursuant to the Settlement Agreement and demonstrate a commitment by the Recipient Eligible Municipality to affirmatively further fair housing,including a ban on local residency requirements and preferences and other selection preferences that do notaffirmatively further fair housing,except to the extent provided in the Model Ordinance Provisions; (b)Recipient Eligible Municipality will offer the County a Right of First Refusal to retain and/or purchase any and all land acquired in rem to be used for housing that affirmatively furthers fair housing; and (c)Recipient Eligible Municipality will actively further implementation of the Settlement Agreement through its land use regulations and other affirmative measures to assist the development of affordable housing. Such commitments by Recipient Eligible Municipality shall be stated in the funding agreement between the County and the Recipient Eligible Municipality. The funding agreement will also provide that housing units that affirmatively further fair housing must be marketed in accordance with Westchester County's Affirmative Fair Housing Marketing Plan approved pursuant to the Settlement Agreement,throughout the period of affordability. Applications for Discretionary Funding submitted by non-municipal entities will be reviewed to determine whether or not such entity is acting as an agent of a municipality for purposes of the project for which funding is sought. If such entity is deemed to be acting in the capacity of agent for a municipality, the application will be subject to a review of the agent-municipality's compliance with the policy of affirmatively farthering fair housing stated above. The determination as to whether an agency relationship exists will be based on the principles of law relating to agency relationships in New York State, and the fact that the non-municipal entity/applicant may be required by local municipal codes to obtain municipal approvals or abide by municipal processes for such approvals in connection with such application will not be determinative of the agency relationship. Westchester County will provide notice of all non-municipal applications for funding to the local municipality in which the funding is proposed to be spent. Page 179 of 254 The County's audit rights under any grant of or funding agreement for Discretionary Funding will extend to all documents, reports, and records which relate to the Recipient Eligible Municipality's commitment to affirmatively further fair housing as described herein. Should Recipient Eligible Municipality fail to abide by any of the above conditions, Recipient Eligible Municipality will be obliged,upon thirty (30) days written notice by the County to refund any Discretionary Funding paid to the Recipient Eligible Municipality. Page 180 of 254 i " F 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: Government Operations Climate Action Plan (GOCAP) Date: February 9, 2023 Attached is a resolution for the Town Board to consider the development of a government operations climate action plan, as more fully discussed in the resolution, at no cost to the Town. Action Requested: Resolved that the Town Board hereby adopts the proposed resolution to consider developing a government operations climate action plan and hereby authorizes the Town Administrator to execute any related documents necessary to carry out its implementation. Attachment/s: Resolution to Consider a Government Operations Climate Action Plan Page 181 of 254 RESOLUTION TO CONSIDER DEVELOPING A GOVERNMENT OPERATIONS CLIMATE ACTION PLAN WHEREAS,the Town of Mamaroneck pledged to take part in the NYS DEC Climate Smart Communities Certification; and WHEREAS, a Government Operations Climate Action Plan is an action within the Climate Smart Community Certification and a strategy document that sets goals and outlines a set of initiatives that reduce greenhouse gas emissions and provides a framework for achieving those targets; and WHEREAS, free technical assistance is available to support the development of the inventory and plan from the Hudson Valley Regional Council(HVRC)through a NYS DEC Climate Smart Communities Coordinator Services contract; and WHEREAS, a completed climate action plan counts toward Climate Smart Communities certification,specifically; 1)PE2 Action: Government Operations Climate Action Plan; and WHEREAS,the Climate Smart Task Force,comprised of municipal officials and environmental volunteer community leaders,will collaborate with HVRC in the development of these publications, review drafts, and provide valuable feedback on iterations that result in the final draft; and WHEREAS,the task force will provide an opportunity for public input and comment on the draft report after the Town has reviewed it and approved it going out for public review; and WHEREAS,the task force will present a summary of the draft government operations climate action plan to the Town Board for consideration of adoption; NOW THEREFORE BE IT RESOLVED,that the Town Board hereby agrees to consider developing Government Operations Climate Action Plan for Town Board review and approval; and BE IT FURTHER RESOLVED,if and when adopted by the Town Board,the Municipal Board authorizes submission of these documents to the NYS DEC Office for Climate Change for consideration of points toward Climate Smart Communities certification for the Town of Mamaroneck. Page 182 of 254 i " F 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: Connie Green O'Donnell, Deputy Town Administrator Re: Part-time, Seasonal and Part-time Availability - 2023 Salary Schedule Date: February 3, 2023 The salary schedule mentioned above is done annually. However,we have just gone through a process with department heads to review current part-time actual salaries to be sure they were consistent with "the going rate" for similar work in other communities. As a matter of practice, from now on, we will review this schedule and budget for some level of annual or bi-annual increases for these positions on a regular and consistent basis. This will allow us to stay competitive in a very tight labor market. Action Requested: Resolved that the Town Board hereby approves the Part-time, Seasonal and Part-time Availability Salary Schedule for 2023, retroactive to January 1,2023. Page 183 of 254 Town of Mamaroneck Administrator, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckNY.org Date: January 20, 2023 To: Meredith Robson, Town Administrator From: Connie Green O'Donnell, Deputy Town Administrator Subject: Part-time, Seasonal and Part-time Availability - 2023 Salary Schedule General: The enclosed Part-time, Seasonal and Part-time Availability Salary Schedule reflects the 2023 salary ranges for the job titles listed. The salary ranges indicated were used in formulating the 2023 Town Budget that was adopted in December. Any proposed salary increase would be retroactive to January 1, 2023. Town Board authorization is required in order to continue the practice of hiring part-time, seasonal and part-time availability employees without having to obtain individual approval from the Town Board during the calendar year, provided their title is listed and the salary falls within the range indicated or below. Attachments: Part-time, Seasonal and Part-time Availability - 2023 Salary Schedule Page 184 of 254 ' Town of Mamaroneck New York Part-time, Seasonal & Part-time Availability Salary Schedule 2023 Hommocks Day Camp Director $8,000 - $14,500/season Assistant Director $4,600 - $10,500/season Unit Leaders $2,800 - $6,700/season Specialist/EMT $2,200 - $6,000/season Counselor/Lifeguard $1,500 - $5,000/season Custodian $1,000 - $4,500/season Hommocks Day Camp Breakfast Club & Extended Day Director $1,000 - $3,500/season Specialist $800 - $1,400/season Counselor $1,200 - $1,600/season Pre School Camp Director $3,800 - $8,500/season Assistant Director $2,600 - $6,000/season Unit Leader $1,200 - $5,400/season Specialist/EMT $1,200 - $4,500/season Counselor $800 - $3,000/season Hommocks Pool Manager/CPO $16.00 - $35.00/hr. Lifeguard $10.00 - $30.00/hr. Key Attendant $9.00 - $25.00/hr. Swim Instructor $12.00 - $60.00/hr. Early Morning Swim Lifeguard $30.00 - $40.00/session Matron/Custodian $14.00 - $25.00/hr. Head Coach $9,000 - $12,000/season Assistant Coach $2,100 - $7,000/season 1 Page Page 185 of 254 Diving Coach $4,500 - $9,000/season Aqua Jog/Aqua Zumba Instructor $50.00 - $80.00/session Lifeguard Instructor $25.00 - $50.00/hr. Program Instructors Kayak Instructor $15.00 - $40.00/hr. Paddleboard Instructor $50.00 - $90.00/hr. Cooking Instructor $45.00 - $55.00/hr. Dance Instructor $50.00 - $75.00/hr. Art Instructor $50.00 - $75.00/hr. Music/Movement Instructor $50.00 - $75.00/hr. Fashion/Sewing/Beading Instructor $70.00 - $120.00/hr. Fitness Instructor $50.00 - $75.00/hr. Volleyball Instructor $40.00 - $80.00/hr. Men's Basketball Instructor $40.00 - $80.00/hr. Ice Hockey Instructor $8.00 - $40.00/hr. Ice Hockey Director $40.00 - $75.00/hr. Trivia Instructor $50.00 - $85.00/hr. Youth Instructor $25.00 - $50.00/hr. Ice Rink Alternate Manager $16.00 - $40.00/hr. Recreation Supervisor $20.00 - $25.00/hr. Cashier $14.00 - $25.00/hr. Custodian $14.00 - $20.00/hr. Skate Guard $12.00 - $17.50/hr. Skate Room Attendant $12.00 - $15.00/hr. Floor Changeover $20.00 - $40.00/hr. Skating School Skating School Director $17,000 - $25,000/season Skating School Instructor $8.00 - $30.00/hr. Concerts Crossing Guard $60.00 - $75.00/event Memorial Park Park Attendant $12.00 - $18.00/hr. Park Maintenance Aid $12.00 - $30.00/hr. 2 Page Page 186 of 254 Senior Center Recreation Attendant $15.00 - $28.00/hr. Bus Driver $21.00 - $27.00/hr. Recreation Assistant $20.00 - $30.00/hr. Food Service Helper $20.00 - $25.00/hr. Ambulance District Paramedic $38.00 - $45.00/hr. EMT $23.00 - $27.00/hr. Community Services Recreation Assistant $25.00 - $27.00/hr. Police Department Parking Enforcement Officer $22.00 - $26.00/hr. School Crossing Guard $60.00 - $90.00/day Court Court Attendant $42.00 - $47.00/hr. Assistant Court Clerk $22.00 - $25.00/hr. Miscellaneous Intermediate Account Clerk $20.00 - $35.00/hr. Intermediate Clerk $20.00 - $35.00/hr. Office Assistant $20.00 - $37.00/hr. Receptionist $20.00 - $25.00/hr. IT Support - Intern $15.00 - $25.00/hr. Engineering Aide $25.00 - $30.00/hr. Parking/Code Enforcement $35.00 - $40.00/hr. Laborer $18.00 - $40.00/hr. Mechanic $35.00 - $42.00/hr. 3 Page Page 187 of 254 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: Resolution to Designate Laserfiche Images of W-2's to Be the Official Town Record Date: February 6, 2023 There are numerous documents for which the Town Clerk is responsible. To the extent that we are legally permitted to either destroy or maintain in electronic format the documents, we should do so to preserve filling space and ensure that records can be more easily accessed. Therefore, it is my recommendation and that of the Town Clerk that the Town Board approve the following resolution. Action Requested: Resolved that the Town Board does hereby declare the W-2 records from 2001 - present held as scanned images maintained in Laserfiche to be the official record of the Town of Mamaroneck, and that the copies of the W-2 records (with the exception of the past 5 years of W-2 records) found in other formats, can be destroyed by the Records Management Officer in accordance with the Official Compilation of Codes, Rules and Regulations of the State of New York. Page 188 of 254 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 31, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Resolution to Designate Laserfiche Images of W-2's to Be the Official Town Record General: Laura DeMuro, Deputy Clerk, received the disposition form and the W-2's from 1995-2000 from Payroll. Before we can shred the W-2's it is necessary for the Town Board to pass a resolution making the 2001-current W-2's in Laserfiche the Official Town copy. The Town Board passed a similar resolution for budgets, so she has prepared the proposed resolution (see Requested Action) based on that. As is best practice, we will keep the paper copies of the W-2's on hand until this resolution is passed by the Town Board. Page 189 of 254 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: Review and Support of County Local Law Regarding Single-Use Foodware Date: February 8, 2023 Attached is a draft county local law entitled "Single-Use Foodware" for which MHS "Students for Sustainable Solutions" are requesting Town Board support. These students will be making a short presentation at Wednesday's Board meeting. Action Requested: The Town Board hereby declares its support for the attached Westchester County local law entitled "Single-Use Foodware" by adopting the resolution presented by the "Students for Sustainable Solutions". Attachment/s: Single-Use Foodware Proposal TOM Resolution LL - Single Use Foodware Page 190 of 254 From: Katherine Looa To: Enev.Jaine Elkind Cc: Michael G;ienna haefelin; Marion Karp; Larissa Bertini Subject: Presenting at Upcoming Meeting/Work Session Date: Wednesday, February 1,2023 6:25:04 PM Attachments: LL-Sinale Use Foodware-DRAFT 3.pdf TOM Resolution .pdf Dear Supervisor Elkind-Eney, We hope this email finds you well. We are writing to ask for the opportunity to present to the Mamaroneck Town Council the results of our effort to promote a reduction of the amount of single-use plastic locally. We also hope the Town Council will pass a resolution supporting Westchester County's Single- use Foodware law, which is quite similar to the "Upon Request Only" policy we described to you and Councilwoman Katz at last year's Earth Day celebration. You may recall that we facilitated a one month Pilot Project last June which saw four local restaurants give up plastic for a month and test out eco-friendly alternatives. As part of that initiative, we tested our "Upon Request Only" policy, wherein the participating restaurants provided diners with cutlery, napkins, and condiment packets at the diner's request. We would like to share the results of the Pilot Project with your board. We have been in touch with Westchester County Legislators Nancy Barr and Erika Pierce, who are co-sponsors along with Catherine Parker and others of legislation to implement a similar policy throughout Westchester. Attached is a draft of the County's Single-use Foodware Law legislation. Because of the many benefits which flow to restaurants, dine-in and take-out diners, and the environment, we want to do our part to ensure that this legislation gets passed. County Legislators Barr and Pierce told us that any support for the legislation from municipalities within Westchester would be helpful to their efforts. In response, we have drafted a proposed resolution, which is attached, that we hope will be passed by your board to show Mamaroneck's support for this important legislation. We have previously met with the Town Sustainability Collaborative, the Larchmont Environmental Committee, and the Village of Larchmont Board, which passed a similar resolution a few weeks ago. We are aware that you have a Board meeting on Wednesday February 15, and we are Page 191 of 254 hoping it will be possible to present the results of our work and also to advocate in support of the Single-use Foodware law. If so, we would be available to do so at either your work session or public meeting. Thank you for letting us know if that would be possible and also for your support of our efforts throughout our project. Sincerely, Students for Sustainable Solutions Marion Karp, Larissa Bertini, Katie Loga Page 192 of 254 RESOLUTION RECOMMENDING PASSAGE OF WESTCHESTER COUNTY'S SINGLE-USE FOODWARE LAW (*DATE*) WHEREAS the County Board of the County of Westchester has drafted proposed legislation to be included as Chapter 542 of the Laws of Westchester, and referenced as the "Single-use Foodware Law." Upon its passage, restaurants throughout Westchester County would operate under the policy and would be restricted from automatically providing single-use foodware, beverage stirrers, splash sticks, and condiment packets to customers; those items would be available to dine-in or take-away customers at their request; and WHEREAS credible scientific research has exposed the real dangers of plastic consumption on the environment, local ecosystems and human health; and WHEREAS a recent study in the Village of Larchmont has shown that restricting the distribution of these items in the manner proposed has a manageable and overall positive effect on the day-to-day operations of food establishments, and that residents strongly support the effort to reduce single-use plastic consumption in this community; and WHEREAS the legislation that Westchester County is proposing targets a significant and meaningful component of plastic waste generated in the take-out food industry in a manner which is reasonable and has broad support; and WHEREAS the Town of Mamaroneck has a history of adopting impactful eco-friendly policies and is committed to supporting Westchester County's single-use foodware law. NOW THEREFORE BE IT RESOLVED that the Town of Mamaroneck encourages the Westchester County Board of Legislators and the County Executive to enact the Single-Use Food law and to continue taking steps to understand and to address the long-term health and ecosystem impacts of single-use plastics in Westchester communities. Page 193 of 254 LOCAL LAW INTRO. NO. -2023 A LOCAL LAW amending the Laws of Westchester County by adding Chapter 542 regarding single-use foodware, beverage stirrers, and splash sticks. BE IT ENACTED by the County Board of the County of Westchester as follows: Section 1. A new Chapter 542 is hereby added to the Laws of Westchester to read as follows: CHAPTER 542 Single-use Foodware Law Sec. 542.01. Short title. Sec. 542.11. Definitions. Sec. 542.21. Restrictions. Sec. 542.31. Ordering Option Requirements. Sec. 542.41. Posting of Signs. Sec. 542.51. Exemptions. Sec. 542.61. Enforcement and penalties. Sec. 542.71. Construction. Sec. 542.81. Severability. Sec. 542.01. Short title. This title shall be known as and may be cited as the "Single-use Foodware Law." Sec. 542.11. Definitions. 1. `Beverage splash stick" shall mean a device primarily intended to be used to keep heat and liquid from escaping a lidded cup. 2. `Beverage stirrer" shall mean a device primarily intended to be used by a person for the purpose of stirring beverages. Page 194 of 254 3. "Condiment packet" shall mean an individual single-use container, sealed by the manufacturer or a food service establishment, containing a sauce or other substance used to enhance the flavor of food, which may include, but need not be limited to, mustard, ketchup, mayonnaise, soy sauce, hot sauce, salt,pepper, and salad dressing. 4. "Dine-in" shall mean food or beverage provided by a food service establishment to be consumed on the premises of such food service establishment. 5. "Electronic orders" shall mean food or beverage orders made through the website, mobile phone application, or other digital platform of a food service establishment or third-party food delivery service. 6. "Food service establishment" shall have the same meaning as provided in Section 873.420.1(1)(c) of the Laws of Westchester County. 7. "Plastic" shall mean a synthetic material made from organic polymers, including, but not limited to, polypropylene and polystyrene, that can be molded into shape while soft, and then set into a rigid or slightly elastic form. 8. "Self-service station" shall mean a designated area or mechanical dispenser in a food service establishment where customers may help themselves to single-use foodware or condiment packets. 9. "Single-use foodware" shall mean any eating utensil or other item used as part of food or beverage service that is designed and intended by the manufacturer for only one use before being discarded, including, but not limited to, forks, spoons, sporks, knives, chopsticks, beverage straws, cocktail sticks, toothpicks, napkins, wet-wipes, cup sleeves, beverage trays, beverage lids, empty plates, empty bowls, and empty cups. For the purposes of this Chapter, "single-use foodware" exempts, and shall not include: (a) a beverage stirrer or Page 195 of 254 beverage splash stick, as defined in this Section, or(b) containers actively holding food or beverages for dine-in or take-away customers, such as plates, bowls, and cups. 10. "Take-away" shall mean food or beverage provided by a food service establishment to be consumed off the premises of such food service establishment, including same-day delivery or same-day pickup of food and beverages from food service establishments. 11. "Third-party food delivery service" shall have the same meaning as provided in Section 685.01(6) of the Laws of Westchester County_ Sec. 542.21. Restrictions. 1. No food service establishment shall provide single-use foodware or condiment packets to any dine-in or take-away customer, whether directly to such customer or through a third- party food delivery service, unless the customer requests such single-use foodware or condiment packets. 2. No food service establishment shall provide any single-use plastic beverage stirrer or single-use plastic beverage splash stick to any dine-in or take-away customer, whether directly to such customer or through a third-party food delivery service. 3. No food service establishment shall provide, in a self-service station or otherwise, single- use foodware or condiment packets that are bundled or packaged in a manner that prohibits a customer from taking only,type of single-use foodware item or condiment packet desired. Sec. 542.31. Ordering Option Requirements. 1. Food service establishments shall provide options to allow a customer to affirmatively request applicable single-use foodware or condiment packets when ordering dine-in or Page 196 of 254 take-out food and beverages across all ordering or point of sale platforms, including through in-person, telephone, and electronic orders. 2. The food service establishment shall coordinate with an,, t�party food delivery service as necessary to prompt the customer to affirmatively request single-use foodware or condiment packets as applicable. The default selected option for electronic orders shall be that no single-use foodware or condiment packets are requested. Sec. 542.41. Posting of Signs. 1. Each food service establishment that provides single-use foodware and/or condiment packets shall post at least one sign on its premises meeting the requirements of this Section. 2. Such sign shall be posted in a conspicuous area on the premises in a manner that is clearly visible to customers approaching a point of service. 3. The siin shall state as follows (except that items listed in the following that are not offered by the food service establishment shall not be included in the sign): "SINGLE-USE FOODWARE ITEMS SUCH AS PLASTIC STRAWS, UTENSILS, AND CONDIMENT PACKETS ARE AVAILABLE UPON REQUEST." 4. The si mn shall be at least two inches by seven inches,and text on the siwn shall be no smaller than 21-point font size and in a contrasting color to the background. 5. The sign shall be available for inspection at all times by the Department of Health. 6. The Commissioner of the Department of Health is authorized to design, create, and make available,through a website download or otherwise, signs that conform to the requirements of this Section. 4 Page 197 of 254 Sec. 542.51. Exemptions. The following situations are permitted under this Chapter and shall not constitute a violation of the Sec. 542.21 restrictions: 1. Food service establishments with counter service may allow customers to access a self- service station for single-use foodware and/or condiment packets, provided that such single-use foodware and/or condiment packets are not bundled or packaged in a manner that prohibits a customer from taking onlythe of single-use foodware item or condiment packet desired. 2. For take-away orders,food service establishments and/or third-party food delivery services may choose to include specific single-use foodware, such as beverage lids and beverage trays, in order to prevent spills and ensure safety. 3. Food service establishments may_provide single-use foodware or condiment packets that are prepackaged with or attached to any food or beverage products by the manufacturer prior to receipt by the food service establishment (for example, plastic straws attached to juice boxes, or a separate plastic container of dressing included within a larger salad container). 4. Food service establishments may provide single-use foodware or condiment packets with free or reduced-price meals as part of a charitable program or donation, including, without limitation, free or reduced-price meals provided by school systems, homeless shelters, and programs that deliver meals to the elderly. 5. Food service establishments may_provide single-use foodware items or condiment packets pursuant to a public health emergency declared by the New York State Governor, New 5 Page 198 of 254 York State Commissioner of Health, County Executive, County Board of Health, or any other authorized federal, state, or local official. 6. Hospitals, health-care facilities, and congregate care facilities (including, for the purposes of this Section, nursing homes, assisted living facilities, adult day cares, hospice facilities, rehabilitation facilities, correctional facilities, jails, juvenile justice facilities, and residential treatment centers) may provide single-use foodware or condiment packets to their patients and/or residents. Sec. 542.61. Enforcement and Penalties. 1. The Westchester County Board of Health is authorized to enforce the provisions of this Chapter in accordance with the enforcement provisions of Chapter 873 of the Laws of Westchester County (i.e., the Westchester County Sanitary). 2. Any food establishment that violates any provision of Section 542.21, 542.31, or 542.41 of this Chapter may be subject to a civil penally. Such penalty shall be in the amount of one hundred dollars($100)for the first violation,two hundred dollars($200)for the second violation committed on a different day within a period of twelve (12) months, and four hundred dollars ($400) for the third and each subsequent violation committed on different days within a period of twelve (12) months, except that the Westchester County Board of Health shall not issue a notice of violation,but shall issue a warning and provide a copy of this Local Law, for any violation that occurs within the first six months of the effective date of this Local Law. 3. No civil penalty shall be imposed as provided for herein unless the alleged violator has received notice of the violation and has had an opportunity to be heard. 6 Page 199 of 254 Sec. 542.71. Construction. No provision of this Chapter shall be construed or interpreted to limit or frustrate a food service establishment's lawful compliance with the New York State Sanitary Code, including 10 N.Y.C.R.R. § 14-1.97, or the Westchester County Sanitary Code, Chapter 873 of the Laws of Westchester County. Sec. 542.81. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 2. This Local Law shall take effect one-hundred-eighty (180) days after adoption. SCM-01/19/2023 7 Page 200 of 254 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: James Maher, Executive Lieutenant Re: Award of Bid- Police Uniform Cleaning Date: February 8, 2023 Action Requested: Resolved that the Town Board hereby awards the bid for Police Uniform Cleaning received and opened on January 13,2023 to Excelsior Cleaners of Larchmont for the individual net price of$4.28. Page 201 of 254 Town of Mamaroneck Police Department, Town Center c 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 jmaher@townofmamaroneckNY.org Date: February 8, 2023 To: Meredith Robson, Town Administrator From: James Maher, Executive Lieutenant Subject: Award of Bid- Police Uniform Cleaning General: Attached please find the articles of agreement for the police uniform cleaning contract. After proper notice and solicitation, the Town received one bid. The sole bidder is Excelsior Cleaners of Larchmont, NY. Excelsior is the current provider of cleaning services and has performed satisfactorily to date. The current contract charges $3.00 for each shirt and $3.00 for each pair of pants. The increase from $3.00 to $5.00 may appear high however it must be noted that the price has not been adjusted in several years. Additionally, the new $5.00 per shirt/pants is still below Excelsior's regular pricing. Added in to the agreement is pricing for jackets and dress blouses (coats). Currently, we are paying a la carte for those items. Cleaning of some jackets currently cost $25-30. With the new agreement, the cost is capped at$10.00 per item. The agreement is for a 12-month period with an option for a second 12-month period upon agreement of both parties. Attachment/s: Proposal for Contract#TA-22-14 Page 202 of 254 TOWN OF MAMARONECK WESTCHESTER COUNTY, NEW YORK CLEANING OF POLICE UNIFORMS CONTRACT#TA-22-14 ARTICLES OF AGREEMENT ,-,7,y_,u,4 7/-4A) �t'`�yFMA4J Aft-- doing (Print Name of Bidder) business as 6�ISIOIZ- ©,r-r ,494G41*Wv�T 1.+.�. (Company Name) of 192-0 A5 .qj ,Po (Address) hereby agrees to furnish services to the Town of Mamaroneck,Westchester County, New York in accordance with the Proposal, Information for Bidders and General Specifications which are attached to these Articles of Agreement and hereby made a part of this contract, (all of which contract documents the contractor acknowledges they have read and examined)and to accept in full payment for the services listed in the Proposal,accepted by the Town of Mamaroneck at the net price of.' _ "'Qe The Town of Mamaroneck, Westchester County, New York agrees to make payment in full for services accepted, after delivery within the time period specified. Upon the failure of the Contractor to perform in any manner, in accordance with the Proposals, Information for Bidders and Specifications,the Town has the right to cancel this contract. IN WITNESS WHEREOF, the Town of Mamaroneck has caused this contract to be executed by its duly authorized officers,who, however, incur no possible liability by reason of the execution thereof or of anything herein contained, and has hereunto set their hand and seal this day of TOWN OF MAMARONECK ATTEST: By: Town Clerk Town Administrator ATTEST: By: Contractor -7- Page 203 of 254 TOWN OF MAMARONECK WESTCHESTER COUNTY, NEW YORK PROPOSAL FOR CONTRACT#TA-22-14 CLEANING OF POLICE UNIFORMS To: Members of the Town Board of the Town of Mamaroneck Mamaroneck, New York 10543 The undersigned as bidder, declares that the only persons interested in this proposal, or the contract proposed to be made, as principals, are as stated; that they have carefully examined the information to bidders and the specifications pertaining thereto;and proposes and agrees, if this proposal is accepted that they will enter into a contract with the Town of Mamaroneck to furnish the services specified in the manner and within the time prescribed for the following price: P.D. Uniform Cleaning 2023 2023 UNIT WEIGHTED ITEM PRICE WEIGHT PRICE TROUSERS 5 .00 x35ala .75' SHIRT 5.00 x35ala 1.75- OUTERWEARMACKET Qi x15% SWEATER x5% ,0/ DRESS BLOUSE ,25� x5% .Q / TIE , /0 x5% • 0/ TOTAL 2 ' fX'f�'/Si02 �y-�A��i•�ywT /w� NAME OF COMPANY ADDRESS By: I AT RE oyAy�A+rl ,�vF/nA.J PRINT NAME&TITLE -6- Page 204 of 254 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: Proposed Resolution Revenue Bond Guarantee Date: February 9, 2023 Attached is a detailed memo from Stephen Altieri and a proposed resolution authorizing the guarantee by the Town of Mamaroneck of the payment of the principal of, and interest on, certain indebtedness of the Town of Mamaroneck Housing Authority. Action Requested: Resolved that the Town Board hereby adopts the proposed resolution to guarantee Housing Authority revenue bonds and hereby authorizes the Town Supervisor to execute any related documents necessary to carry out its implementation. Attachment/s: 2023-2-8 memo to Town Bond guarantee 2023 Resolution of the Town Board of the Town of Mamaroneck Page 205 of 254 Memorandum To: Meredith Robson Mamaroneck Town Administrator Re: Proposed Resolution Revenue Bond Guarantee- Town of Mamaroneck Housing Authority Date: February 8, 2023 The Town of Mamaroneck Housing Authority (TMHA) is requesting the adoption of the attached resolution by the Town Board for the Town to guarantee revenue bonds in the amount of $2.8million to be issued by the TMHA for needed improvements to the Hommocks Park Apartments. Specifically, the proposed improvements include the replacement of the windows and entry wood decks at the apartments. Section 36 of the original lease agreement between the TMHA and the Town of Mamaroneck (Town) required a regular inspection of the facilities at the Hommocks Park Apartments to review the condition of the physical structure, fixtures and equipment on the premises. In February of 2017, the TMHA commissioned a study of the Hommocks Park Apartments conducted by the engineering firm of Antonucci and Associates. An inspection of the windows, window sashes, window frames and wood decks was included in the study. At that time, the report recommended that the windows be replaced because of the poor condition of the frames and sashes. The windows were not immediately replaced at that time due to other physical plant priorities to be completed. Now, in 2023, there has been further decline in the condition of the windows. Some tenants of Hommocks Park have indicated that there is water penetration through some of the window frames and sashes during wind-blown rain events. The project also proposes to replace the stairwells and wood decks on the east side of the building facing the Hommocks School. In their 2017 report, the engineers noted that the railings have become loose and a number of post assemblies should be replaced. The wood decking showed signs of wear and bowing. Also, the coating of the wood was worn off in many places. Six years later, there is evidence of additional wear and tear to the decks and stairwells. Complete replacement of 1 ' age Page 206 of 254 the decks and stairwells was determined to be the most effective manner in which to address this item. The TMHA retained the services of Calgi Construction and Smith & Pucillo architects in the fall of 2022 to prepare a cost estimate for the replacement of the windows and the wood decks. The report of the construction manager and architect estimated at that time, the total project cost at $2,985,042 broken down as follows: Project Construction Costs- 9/9/2022 Windows $1,976,189 Wood Decks 285,206 Total Project Costs $ 2,261,395 Contingency 20% 452,279 Subtotal $ 2,713,674 Soft Costs 271,368 TOTAL $ 2,985,042 On January 27, 2023, the TMHA received bids for the project. We were pleased that the bids received were actually lower than the original estimates. While the bids are still under review, the apparent low bid for both the window and deck replacement is $1.7million. Below is a revised project cost analysis Project Construction Costs Based Upon Bids Received 1/27/2023 Window/Deck Replacement $ 1,700,000 Contingency 20% 340,000 Total Project Costs $2,040,000 Soft Costs 271,368 TOTAL $2,271,368 To finance this project, the TMHA would issue revenue bonds. Unlike the Town which issues General Obligation Bond for capital projects, the TMHA must use a revenue bond. The difference being that the Town has taxing authority and the TMHA does not. Evaluation of the revenue bonds is based upon the rent revenue earned by the TMHA. The original lease agreement between the Town and the TMHA stipulated that the Town would guarantee the bonds issued by the TMHA for the original construction of the Hommocks Park Apartments. Subsequently, in 2015 when the 21 ' age Page 207 of 254 TMHA refinanced the original construction bonds, the Town again provided a guarantee of those bonds. With the Town's guarantee the TMHA is able to issue bonds at interest rates very close to or equal to interest rates enjoyed by the Town. For all practical purposes the Town's AAA bond rating carries over to the TMHA. There has never been a circumstance where the Town has had to assume responsibility for the payment of TMHA bonds. The TMHA rent revenues are expected to exceed expenses in 2023. In addition, the TMHA maintains a capital project reserve in the amount of $347,000 and an operating reserve of $120,000. Therefore, the TMHA should have more than sufficient funds to assume the new debt payment. The TMHA is requesting authority to issue bonds in an amount not to exceed $2.8million. If at the time of final contract award the revised estimate is accurate, the TMHA can issue revenue bonds in an amount less than $2.8million. Should you require additional information, please let me know. Otherwise we urge the Town Board to adopt the guarantee resolution to allow the TMHA to make the needed improvements to the Hommocks Park Apartments. Respectfully Submitted Stephen V. Altieri Consultant to the Town of Mamaroneck Housing Authority 3 1 P a g e Page 208 of 254 OHS Draft 2/l/23 At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Center, in Mamaroneck, New York, in said Town, on [February ], 2023 at o'clock P.M., Prevailing Time. The meeting was called to order by Supervisor, and upon roll being called, the following were PRESENT: ABSENT: The following resolution was offered by who moved its adoption, seconded by , to-wit: 4141-1635-7445 Page 209 of 254 RESOLUTION DATED [FEBRUARY ], 2023 A RESOLUTION AUTHORIZING THE GUARANTEE BY THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, OF THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON CERTAIN INDEBTEDNESS OF THE TOWN OF MAMARONECK HOUSING AUTHORITY AND APPROVING THE FORM AND SUBSTANCE OF A GUARANTEE, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH RELATING THERETO. WHEREAS, the Town of Mamaroneck Housing Authority (the "Authority") previously issued bonds to finance the cost of the construction and renovation by the Authority of a 54-unit garden-style housing facility located in the Town of Mamaroneck (the "Town"), on land leased by the Authority from the Town, which are affordable for rental by persons and families of low and/or moderate income (the "Hommocks Park Apartments"); and WHEREAS, pursuant to Section 95 of the New York Public Housing Law the Town is authorized to guarantee the principal and interest on indebtedness contracted by the Authority; and WHEREAS, the Authority has advised the Town that it intends to issue bonds in an amount not to exceed $[2,800,000] to finance the cost of replacement by the Authority of the windows and entry deckways and any other related capital improvements of the Hommocks Park Apartments; and WHEREAS, the Authority has notified the Town that it intends to issue its Hommocks Park Apartments Revenue Bonds, 2023, in one or more series (the "2023 Bonds") for the purposes of financing (i) the cost of replacement by the Authority of the windows and entry deckways and any other related capital improvements of the Hommocks Park Apartments, 4141-1635-7445 Page 210 of 254 (ii) capitalized interest on the 2023 Bonds and (iii) certain costs of issuance of the 2023 Bonds (collectively, the "2023 Project"); and WHEREAS, the Town Board is desirous of authorizing the guarantee by the Town of the principal of and interest on the 2023 Bonds to be issued to finance the 2023 Project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town as follows: Section 1. The guarantee by the Town of the principal of and interest on the 2023 Bonds (the "Guarantee") is hereby authorized; provided, however, the maximum amount of such guarantee shall not exceed in the aggregate $[2,800,000]. Section 2. The Guarantee shall be evidenced by the execution and delivery by the Supervisor of a Guarantee substantially in the form presented to this meeting and annexed hereto as Exhibit A. The form and substance of the Guarantee are hereby approved. The Guarantee shall apply whether the 2023 Bonds are issued and sold upon such terms and conditions that interest payable thereon shall be includable or excludable in the computation of gross income of the owners thereof for purposes of federal income taxation. In the event that the 2023 Bonds are refunded, the Guarantee may also apply to the payment of the principal of and interest on any refunding obligations of the Authority. Section 3. The Supervisor of the Town is hereby authorized, for and in the name of and on behalf of the Town to execute and deliver the Guarantee, in substantially the form thereof presented to this meeting with such changes, variations, omissions and insertions as the Supervisor shall approve. The execution thereof by the Supervisor shall constitute conclusive evidence of such approval. 2 4141-1635-7445 Page 211 of 254 Section 4. The Supervisor of the Town, and all other officers, employees and agents of the Town are hereby authorized and directed, for and in the name and on behalf of the Town, to do all acts and things required or provided for by the provisions of the Guarantee and to execute and deliver all such additional certificates, instruments and documents, pay all such fees, charges and expenses and to do all such further acts and things as may be necessary, or in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the resolution and to cause compliance by the Town with all of the terms, covenants and provisions of the Guarantee binding upon the Town. Section 5. This resolution shall take effect immediately upon the affirmative vote of at least four council members of the Town Board. 3 4141-1635-7445 Page 212 of 254 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. 4 4141-1635-7445 Page 213 of 254 STATE OF NEW YORK ) )ss: COUNTY OF WESTCHESTER ) I, the undersigned Clerk of the Town of Mamaroneck, Westchester County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on [February ], 2023, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date give THE JOURNAL NEWS / /2023 4141-1635-7445 Page 214 of 254 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting TOWN CLERK'S BULLETIN BOARD / /2023 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on _, 2023. Town Clerk (CORPORATE SEAL) 4141-1635-7445 Page 215 of 254 Page 216 of 254 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: Fields for Kids Agreement for Funding of Engineering Study Date: February 10, 2023 Attached is the signed agreement regarding the Hommocks Fields study from Fields For Kids, an updated proposal for consulting services provided from Woodard and Curran, and a paid invoice from Geologic Land Surveying. Action Requested: Resolved that the Town Board hereby approves the Fields For Kids agreement and authorizes the Town Administrator to execute any related documents necessary to carry out its implementation. Attachment/s: Fields For Kids Agreement for Funding of f Engineering _Study Page 217 of 254 AGREEMENT REGARDING THE HOMMOCKS FIELDS An Agreement made this day of February,2023 between the Town of Mamaroneck, a municipal corporation existing under the laws of the State of New York with offices at 740 West Boston Post Road, Mamaroneck, New York 10543 ("Town") and Larchmont-Mamaroneck Fields for Kids, Inc., a corporation organized under the laws of the State of New York having an address of P.O.Box 912 Larchmont, New York 10538(FFK). Intending to be bound, the parties agree to the following. 1. The Town will engage Woodard & Curran Engineering and Geological Services P.A. P.C. ("Woodard") to perform the services outlined in its attached proposal to the Town dated September 12, 2022(updated through 11-09-22 per TOM comments) ("Services"). 2. Before the Town and Woodard enter into a contract for Woodard to perform the Services, FFK will pay to the Town $36,150, which equals the amount of the fee that Woodard will charge for the Services. The Town agrees that its contract with Woodard will provide that neither the Town nor FFK agree to pay any amounts in excess of the amount deposited by FFK with the Town, unless the Town and FFK agree in writing. The Town agrees that it will not authorize Woodard to perform any additional work, other than the Services, or authorize Woodard to increase the fees or other amounts it will charge the Town for the Services without the express written consent of FFK. If FFK agrees to any additional work to be performed by Woodard and/or to a modification of the Services, FFK will pay this additional amount for such additional work or modifications to the Town before the Town authorizes Woodard to perform such additional work or modifications. If,within thirty days after FFK will have paid to the Town the amount required by this contract,the Town and Woodard do not enter into a contract for the Page 218 of 254 performance of the Services, the Town will repay FFK the full amount that FFK paid to the Town within thirty days after FFK makes a written demand therefor.. 3_ FFK will pay Geologic Land Surveying, PLLC ("Geologic") for the surveying work described in its attached estimate dated October 14, 2022(the "Survey"). FFK represents that its agreement with Geologic does not provide that the Town has an obligation to pay Geologic any amount for the Survey work. Notwithstanding the fact that FFK will pay Geologic for the Survey work, the survey will be certified to the Town. 4.FFK acknowledges and expressly agrees (i) that it will deliver the survey prepared by Geologic and a receipt or paid invoice therefor from Geologic contemporaneous with its execution and delivery of this Agreement to the Town, (ii)that it will not disseminate any drawings,renderings or depictions of any kind of any proposed improvements to the Hommocks Fields unless the Town approves such dissemination in writing, (iii) that the Town's commitment to engage Woodard to perform the Services shall not and cannot be construed as a commitment by the Town to perform any work or have any improvements made at Hommocks Fields, even if Woodard concludes that it is feasible to make improvements to the Hommocks Fields, (iv)regardless of any recommendations made by Woodard in its study,the Town will decide what type of improvements,if any,will be constructed,the size and configuration thereof and the type of surface (natural, artificial or a combination of both) of the improvements. Such determinations shall be in the Towns sole judgment, 2 Page 219 of 254 (v) the Town Board (or one of the Town's other municipal boards) may decide it would be appropriate to engage experts to conduct further examination or studies of the impacts on the environment of improvements proposed for the Hommocks Fields as well as examination or studies of other impacts such improvements may have and if so, the Town Board shall 'inform FFK and request that FFK pay for such examination and if FFK agrees to make such payment, it shall deposit with the Town a sum equal to the estimated cost thereof before the expert commences work and pay the Town for any claim that the expert may make for amounts owed to it in excess of the amount deposited by FFK with the Town,but if FFK decides not to pay for such expert, the Town Board will not have the information needed to make an informed decision about the future of the Hommocks Fields and therefore it is unlikely that the Town board would authorize improvements to the Hommocks Fields and FFK will not look to the Town for reimbursement for any of its expenditures made in connection with the study of the feasibility of improvements to the Hommocks Fields, (vi) if and when improvements to the Hommocks Fields are completed, the Hammocks Fields, including but not limited to any improvements, shall continue to be owned by the Town and will remain under the Town's exclusive control, and (vii) if the Town decides not to make improvements to the Hommocks Fields,or decides to make improvements that are not what FFK contemplated,FFK will not seek reimbursement from the Town for its payments to Geologic or its payments to the Town to fund the Services,any modification thereof or any additional work or for any other expenditures FFK may make in connection the study of, and any improvements made to the Hommocks Fields. 5. If any improvements are made to the Hommocks Fields,they 3 Page 220 of 254 (i)shall be constructed completely within the bounds of land owned by the Town and will not be constructed on, or extend into land located within, the Village of Larchmont or property owned by the Mamaroneck Union Free School District, (ii) will not(a)include a running track,a playground or a parking area, and (iii) will not be named for any person or organization, nor will there be plaques commemorating or honoring any person or organization displayed on Town-owned property. b. If the'Town authorizes improvements for the Hommocks Fields,but before the specifications for the construction of such improvements are prepared,the parties shall enter into an agreement that among other things will set forth the nature of the improvements to be constructed,FFK's obligation to pay for such improvements, the plan for maintaining; and repairing the improvements after they are completed,and FFK's obligation to fund the cost for maintaining and repairing the improvements after they are completed. 7. (a)FFK will indemnify the Town for any claim (i) that Woodard may make for payment of amounts owed to it that are in excess of the amounts deposited by FFK with the Town, (ii) that Geologic may make for payment of amounts owed to it, and (iii) that any expert engaged by the Town (or one of its municipal boards) pursuant to paragraph 4(v)may make,but only if FFK had agreed to underwrite such expert's fees. (b)The indemnifications of the Town shall include reimbursements of the attorney's fees 4 Page 221 of 254 or expenses incurred by the Town as a result of any claims made by Woodard, Geologic or an expert engaged by the Town (or one of its municipal boards) pursuant to paragraph 4(v). Town of Mamaroneck By: Meredith S.Robson,Town Administrator Date Larchmont-Ma roneck Fields for Kids!,Inc. By: I Heather Mahland, President Date Z, Z-3 February 8,2023 Page 222 of 254 WOODARD AND CURRAN PROPOSAL Page 223 of 254 Woodard &Curran Engineering T 800.426.4262 and Geological Services P.A. P.C. T 914.448.2266 800 Westchester Avenue F 914.448.0147 Suite N507 Rye Brook, New York 10573 www.woodardcurran.com Via Electronic Mail September 12, 2022 (updated through 77-09-2022 per TOM comments) Woodard Jaine Elkind Eney Supervisor & Curran Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Re: Proposal for Sports & Recreation Consulting Services Feasibility Assessment for Town of Mamaroneck Fields Adjacent to Hommocks Middle School Dear Jaine: We appreciate the opportunity to provide you and the Town of Mamaroneck (Town) with a proposal to complete sports and recreation consulting services in connection with proposed Town ballfields, adjacent to the Hommocks School. As the Town and Fields for Kids (FFK) is aware, we have had past success partnering with FFK on park projects such as the Phase 1 redevelopment work for Flint Park, and the planning and design required for the redevelopment of Lorenzen Park, also in Larchmont. In the past we have also supported Mamaroneck High School with consulting services related to synthetic turf field design for the High School. Please refer to the following for a summary of our understanding of the project, our scope of services, our anticipated schedule, and our proposed budget associated with this work. BACKGROUND Based on our recent conversation, we understand that Fields for Kids, in coordination with the Town of Mamaroneck, is interested in completing site planning and a feasibility assessment to include data collection, field investigations, regulatory permitting review, conceptual layout, and a preliminary construction cost opinion for redevelopment of the open space area to the rear of the Hommocks Middle School property, south of Hommocks Road and north of Flint Park. The initial project components to be considered include a synthetic turf field as well as a second natural grass athletic field. Some portions of the future design and construction may be phased based on available funding. SCOPE OF SERVICES Based on our understanding noted above, the scope of work for this initial feasibility assessment phase is summarized below. • Task 1 — Data Collection and Field Investigations: Review past work and readily available public information associated with the proposed work and property. Complete a site visit to observe existing site conditions. One day of on-site field investigations will be completed at various locations across the project area and will Page 224 of 254 include machine excavated test pits and borings intended to obtain a better understanding of subsurface site conditions that will have an impact on future design and construction costs. At this time, we assume that no lab testing will be completed. 25� Cost includes utility locating at the test locations and site restoration at the test locations to include topsoil, seed, and hay mulch. Woodard Task 2—Regulatory Permitting Review:We will review the need for various common & Curran land development permits depending on the preferred scope of the project and based on publicly available information and databases considering the known and anticipated constraints and site conditions. A written technical memorandum summarizing the results will be provided upon completion consisting of the following topics: o Floodplains/FEMA o Tidal Wetlands &corresponding protected buffer zone o Stormwater quantity &quality o SHPO Archeological Resources o Department of State - coastal resources o Will include an EDR package of historical environmental based documents (i.e. similar to a Phase 1 property study), and corresponding review and summary of findings • Task 3 — Conceptual Layout: We will complete one color conceptual layout in coordination with the project stakeholders. • Task 4 — Engineer's Opinion of Probable Construction Costs (EOPCQ: We will develop one conceptual level EOPCC for use in fundraising and decision-making, based on the conceptual layout and information obtained as part of Tasks 1 and 2. • Task 5—Meetings:We have incorporated time for preparation and attendance at two in person +/- one-hour meetings that can also be hosted via videoconference to allow for additional team members to participate. The intent of the meetings will be one kickoff meeting to establish goals and a vision for the project and a final meeting to review the deliverable and discuss next steps. The deliverable for this phase of work will be a brief presentation slide deck summarizing the work activities completed, our observations and relevant findings, and include attachments for the associated field investigation logs, conceptual layout, and EOPCC. SCHEDULE We will expedite the work to the extent that we have control. It's reasonable to expect us to complete the work associated with this initial feasibility assessment phase over the course of approximately 8 weeks from written authorization to proceed and a fully executed contract agreement. (P214798.00) 2 W&C Eng &Geo Svcs P.A. P.C. Sports& Recreation Consulting Services Mamaroneck NY September Pa -P2225 of 254 BUDGET We will complete the work on a lump sum basis billed in accordance with Woodard &Curran's 25� attached rate table for the year in which the services are provided. Subcontractor and/or subconsultant fees shall also be charged at cost plus 10% OH&P markup. The breakdown for Woodard the proposed tasks is included in the table below: & Curran Fee Breakdown Task 1 — Data Collection and Field Investigations $18,700 Task 2— Regulatory Permitting Review $2,000 Task 3—Conceptual Layout $6,800 Task 4— EOPCC $2,450 Task 5— Meetings $4,700 Total Budget (Lump Sum): $34,650 *Task 6 - EDR reports, review, and finding summary, +$1,500 (updated 02/10/2023) We will invoice monthly for services rendered and expenses incurred during the previous period. *Updated Total Budget (LS): $36,160 (updated 02/10/2023) TERMS AND CONDITIONS The Scope of Services will be completed in accordance with the attached standard terms and conditions between Woodard & Curran Engineering and Geological Services P.A. P.C. and the Town. CLOSING We greatly appreciate this opportunity to support the Town and the overall Mamaroneck community. If you accept this proposal and wish to proceed with the Scope of Services, please sign in the space indicated below and we will sign and return a fully executed copy for your files. Please feel free to contact us if you have any questions regarding this proposal or require any further information. Sincerely, WOODARD &CURRAN ENGINEERING AND GEOLOGICAL SERVICES P.A. P.C. Anthony C. Catalano, PE, BCEE Senior Principal cc: Steve Lauria, PE; Thomas Shay, PE (Woodard &Curran) P214798.00 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized agents as of the date indicated below. AUTHORIZATION BY: (P214798.00) 3 W&C Eng &Geo Svcs P.A. P.C. Sports& Recreation Consulting Services Mamaroneck NY September F�ag,P2226 of 254 WOODARD & CURRAN ENGINEERING TOWN OF MAMARONECK AND GEOLOGICAL SERVICES P.A. P.C. Signature Date Signature Date Woodard & Curran Name (printed) Name (printed) Title Title (P214798.00) 4 W&C Eng &Geo Svcs P.A. P.C. Sports& Recreation Consulting Services Mamaroneck NY September F�ag,P2227 of 254 OCTOBER 14, 2022 ESTIMATE FROM GEOLOGIC LAN© SURVEYING Page 228 of 254 Geologic Land.surveying,PLLC Invoice - 3 Pine Crest Lane �� New Fairfield,CT 06812 GEo SIG (914)864-1250 w geologicls@gmail.com www.geologicls.com BILL TO Town of Mamaroneck INVOICE# DATE TOTAL DUE DUE DATE TERMS ENCLOSED 2370 01/02/2023 $0.00 01/17/2023 Net 15 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. --------------------------------- - - - ------------------- - ---------------------- - - - ------------------- ---------------------------- DATE ACTIVITY QTY RATE AMOUNT Project 1 0.00 0.00 Hommocks Park Mamaroneck,NY Approximately 7 acres(eastern section) Topographic Site Survey 1 4,000.00 4,000.00 Topographic Site Survey of property depicting th t' s contained within the site.Includes contours,spot elevat s, chmarks.Includes partial boundary survey showing all impervio s with metes& bounds,adjoiners,easements and areas.O Specifications: Ground Topography 40 Scale mapping Horizontal Datum:NAD83 NYSPC-E Vertical Datum:NAVD88 1 foot contours Spot elevations to the nearest tenth of a foot 2 Benchmarks set to the hundredth of a foot Surface utilities and evidence of subsurface utilities 811 mark-out&location of utilities Trees 8"diameter and greater(except in marsh area) Underground utility mark-out 1 1,600.00 1,600.00 Subcontracted to underground utility mark out company (optional) Deliverables 1 0.00 0.00 Includes PDF/CAD delivery via email and 6 Signed and sealed hard copies delivered via regular mail. Additional signed and sealed hard copies can be purchased for$10.00ea Estimated completion 1 0.00 0.00 5-6 weeks from accepted/signed proposal Terms&Conditions 1 0.00 0.00 Scope of Services: Geologic Land Surveying,PLLC does not warranty or imply that the suggested scope of services outlined within the Proposal is a complete list of services required to meet the goals and expectations of the Client. It is an understanding of the minimum services identified the time the Proposal was written,utilizing the limited research necessary to provide a Proposal for the project. It is possible that during the course of consulting work,additional services may be required to achieve the goals of the Client. Page 229 of 254 DATE ACTIVITY QTY RATE AMOUNT Existing Conditions: The Proposal is based on regulations,policies and requirements that are in effect at the time the Proposal was prepared. Changes that occur after the Proposal date may require renegotiation of the fees or additional scope requirements. This firm does not warranty or suggest its advanced knowledge of changes in regulations affecting development. Effective date of Proposal: The fees as quoted within the Proposal shall remain in effect for a period of sixty(60)days. Should the client authorize work after sixty(60)days of the date of the Proposal,the Consultant has the right to renegotiate the fees. Work performed on an hourly or per diem basis will be billed in accordance with the hourly Fee Schedule in effect at the time work is completed. Payment: Invoices remaining unpaid for more than thirty(30)days may be subject to a service charge of 1-1/2%per month(18%per annum). If invoices should become in arrears of forty five(45)days or more,the firm may suspend work on the project. If outstanding invoices become ninety(90)days in arrears or greater,the Consultant may seek legal remedy to collect these fees and may place liens on the subject property. The Client agrees to pay all costs of collection born by the Consultant. Client agrees to pay all outstanding invoices prior to delivery of final product. Notice to Stop Work: Either party has the right to terminate the Contract five(5)days after receipt of written notice. In such a termination,the Consultant will be paid for all services rendered to the date the Contract was terminated,including any wind down or cleanup work required within the five-day period after termination. Authorization of Contract: The signatory(Client)represents by their signatures to this document,that they have the requisite authority to bind their principal to the covenants and promises herein. The signatory may not assign this agreement without the expressed written consent of Geologic Land Surveying,PLLC. An authorized signature is required before scheduled services. Terms and Conditions PAYMENT 5,600.00 1.) Billing cycle is 30 days for on going work.After 30 days past due,bill is subject to 3%finance fee. BALANCE DUE $0.00 2.)No Map or Survey shall be released without payment. 3.)GeoLogic Land Surveying accepts cash,check or Chase Quick Pay for fulfillment of invoice. 4.)Please make checks payable to:Geologic Land Surveying,PLLC 5.)Mail to: 3 Pine Crest Lane New Fairfield,CT 06812 Page 230 of 254 i " F 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: Appointment of Town Clerk and Designated Roles Date: February 10, 2023 The following appointments were done on an annual basis and are retroactive to January 1, 2023. Action Requested: BE IT RESOLVED, that the Mamaroneck Town Board does hereby appoint Allison May as Registrar of Vital Statistics, effective January 1, 2023, said term to expire on December 31, 2023, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does appoint Laura DeMuro as Deputy Town Clerk and Deputy Registrar of Vital Statistics, effective January 1, 2023, said term to expire on December 31,2023. BE IT FURTHER, RESOLVED,that pursuant to NYS Arts&Cultural Affairs§57.19,the Mamaroneck Town Board does hereby appoint Allison May as Records Management Officer,effective January 1,2023, said term to expire on December 31,2023, and BE IT FURTHER, RESOLVED, that pursuant to Mamaroneck Town Code - Records §167- 2, the Mamaroneck Town Board does hereby appoint Allison May as Records Access Officer, effective January 1,2023, said term to expire on December 31,2023, and BE IT, FURTHER Page 231 of 254 RESOLVED,that pursuant to NYS Domestic Relations Law§11-c,the Mamaroneck Town Board does hereby appoint Allison May as a Marriage Officer, effective January 1, 2023, said term to expire on December 31, 2023. Page 232 of 254 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: February 10, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Appointment of Town Clerk and Designated Roles General: It is my understanding that legally the Town Board must reappointment me for the role of Town Clerk and to fulfill my other responsibilities, as well as Laura's. I have not included salary, as I believe that has already been addressed. 4 4 4 Page 233 of 254 i " F 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: Tracy Yogman, Town Comptroller Re: 2022 Year End Capital Budget Amendments Date: February 9, 2023 Attached please find a memo from Tracy Yogman, Town Comptroller regarding 2022 Capital Budget Amendments needed. We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby authorizes the Town Comptroller to make necessary budget amendments, as presented. Page 234 of 254 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: February 9, 2023 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2022 Year End Capital Budget Amendments General: The following 2022 capital budget amendments are recommended as follows to close out the fiscal year: 1. Fire Engine (Proiect 2015.11) The Town issued a bond in the Fire District to fund the planned purchase of a replacement a portion of the engine that was damaged during Tropical Storm Ida. A budget amendment is needed to reallocate the bond funds based on the final purchase price of both engines. 2. Tropical Storm Ida Damages (Proiect 8760.92) Budget adjustments are recommended to finalize the actual costs, insurance proceeds and FEMA funding received for the damages incurred as a result of Tropical Storm Ida. Total storm related damages incurred so far is $1.5 million and the Town has been reimbursed $1.2 million in insurance and FEMA funding. We are anticipating an additional $.2 million in reimbursement in addition to to the permanent repairs to E. Valley Stream bridge to be incurred. 3. Memorial Park(Proiect 2020.31) The Town received a donation for landscaping at Memorial Park. A budget amendment is recommended to increase the budget for the design,purchase and installation of the project. 4. Police and Fire Equipment(Proiects 2020.77 and 2022.95) Donations for the purchase of new police and fire equipment that have been budgeted in the Operating funds but have been transferred to the capital fund until spent. A budget amendment to transfer the funds is recommended. 5. Senior Center (Proiect 2019.58) Page 235 of 254 A donation has been received to fund exterior signage lighting at the Town Center and the Senior center, in addition to a sound system upgrade at the Senior Center. A budget amendment is recommended to fund these projects. 6. Brevoort Lane Water Main Replacement(Proiect 1384.12) Additional costs were incurred for this project as significantly more rock removal than anticipated was needed to relocate the water main. A budget amendment touse fund balance in the Water District for this project is recommended. 7. Purchase Booster Pump Station (Proiect 1387.12) Additional costs were incurred for this project which involved further site work, additional pump/control upgrades and electrical service modifications. A budget amendment to use fund balance in the Water District for this project is recommended. 8. Senior Center Renovation (Proiect 2020.58) Federal funding was received for the renovation of the yellow room. The original budget included anticipation of CDBG funds that were not needed. A budget amendment to eliminate the CDBG funding is recommended. 9. Fenimore Road Culvert(Proiect 2022.97) The cost of this project was slightly over the estimate. A budget amendment to use fund balance in the Highway Fund is recommended. 10. Town Center Improvements-HVAC (Proiect 2022.97) The cost of this project was slightly over the estimate. A budget amendment to use fund balance in the General Fund is recommended. 11. Ice Rink Improvements (Proiect 2012.24) An major emergency repair of the sewer line at the ice rink was needed. A budget amendment to use fund balance in the General Fund is recommended. 12. Senior Center Parking Lt(Proiect 2021-48) The budget for this project anticipated $125,000 of CDBG funding. The Town received $199,000. A budget amendment is needed to adjust funding levels and increase the budget using the fund balance in the General Fund for additional costs of the project. 13. Roads, Sidewalks & Curbs Additional costs for paving N. Chatsworth Road were incurred that were not anticipated. A budget amendment to use fund balance from the Highway Fund is recommended. Page 236 of 254 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: Tracy Yogman, Town Comptroller Re: 2022 Year End Operating Budget Amendments Date: February 9, 2023 Attached please find a memo from Tracy Yogman regarding Year End 2022 Operating Budget Amendments. Action Requested: Resolved that the Town Board authorizes the Town Comptroller to make the necessary budget amendments as presented. Page 237 of 254 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: February 9, 2023 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2022 Year End Operating Budget Amendments General: In compliance with the Budget Policy the following 2022 budget amendments are recommended for approval as they increase appropriations or cross departments. 1. Pool Maintenance (A7180-4158) The school maintenance charges for the pool have increased and a budget amendment is recommended to fund the additional expense from savings in the ice rink salary line. The 2023 budget includes this increase. 2. Police Overtime Special Duty and regular overtime exceeded the budget. Special Duty police overtime has been billed out to outside agencies. A budget amendment to increase the revenue and expenses is recommended. 3. Housing Choice Year end adjustments were needed to fund part time and contractual expenses and increase revenue. A budget amendment is recommended with no net effect on the budget. 4.Ambulance Salaries Part time EMT/Paramedic salaries exceeded the budget. However, ambulance revenue has also exceeded the budget. A budget amendment to increase both the revenue and the expenses is recommended to fund the additional costs. 5. Hydrant Rentals Additional funding is needed for an outstanding bill that was paid in 2022 for the hydrant rentals. A budget amendment to increase the water revenue and the expense is recommended. Attachment/s: Page 238 of 254 2022 OPERATING BUDGET AMENDMENTS CHART-FEBRUARY 15 2023 Page 239 of 254 2022 OPERATING BUDGET AMENDMENTS GENERAL FUND (FUND A): Amount 1 Expense A.7180.4158 Pool Maintenance-School Increase 43,975.39 Expense A.7265.1010 Salaries- Ice Rink Decrease (43,975.39) PART TOWN WIDE FUND (FUND B): Amount 2 Revenue B.0000.1529 Police Special Duty Reimb Increase 203,556.07 Expense B.3120.1529 Police Special Duty Increase 85,531.55 Expense B.3120.1015 Police- Overtime Increase 118,024.52 HOUSING CHOICE(FUND CD) 3 Revenue CD.0000.2681 Fraud Recovery-HAP Increase 5,991.70 Revenue CD.0000.2682 Fraud Recovery-ADM Increase 5,991.70 Revenue CD.0000.4916 Federal Aid-HUD-Admin Increase 8,025.51 Expense CD.8610.1021 Salaries- Part time Increase 10,437.17 Expense CD.8610.4002 Service Contracts Increase 7,171.92 Expense CD.8610.1010 Salaries-Full Time Increase 2,399.82 AMBULANCE (FUND SM) 4 Revenue SM.0000.1640 Ambulance Charges Increase 48,011.74 Expenses SM.4189.1027 Salaries- EMT/PT Increase 7,210.42 Expenses SM.4189.1028 Salaries- Paramedics Increase 40,801.32 WATER (FUND SW) 5 Revenue SW.0000.2773 Water Revenues Increase 7,066.22 Expenses SW.8340.4230 Hydrant rentals Increase 7,066.22 Page 240 of 254 i " F 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: Tracy Yogman, Town Comptroller Re: 2023 Capital Budget Amendments Date: February 9, 2023 Attached please find a memo from Tracy Yogman, Town Comptroller regarding 2023 Capital Budget Amendments needed. We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby authorizes the Town Comptroller to make necessary budget amendments, as presented. Page 241 of 254 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: February 9, 2023 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2023 Capital Budget Amendments General: The following 2023 capital budget amendments are recommended as follows: 1. Fire Vehicle (Proiect 2015.11) Additional funding for outfitting is needed for the new Fire Chiefs vehicle on order included in the 2022 capital plan. A budget amendment is recommended to increase the budget to fund the purchase. 2-13 All Other Amendments (Various Proiects) An increase in the operating budgets for the capital transfers in the 2022 budget amendments submitted are needed in the 2023 Budget. All of the remaining budget transfers are indexed to the associated number on the 2022 Capital Budget amendment request . Attachments: 2023 CAPITAL BUDGET AMENDMENTS -February 15 23 Page 242 of 254 2023 CAPITAL BUDGET AMENDMENTS Item# CAPITAL FUND(FUND H) Amount 1 Revenue Transfer from Fire 110000.5034.2020.72 Increase $ 5,000.00 Expense Vehicles-Fire Chief vehicle outfitting 113410.0400.2020.72 Increase 5,000.00 Item# GENERAL FUND(FUND A) 2 Revenue Appropriated Fund Balance A9999.5995 Increase $ 14,391.74 Expense Transfer to Capital Fund(2016.14) A9900.9950 Increase 14,391.74 10 Revenue Appropriated Fund Balance A9999.5995 Increase $ 685.23 Expense Transfer to Capital Fund(2016.14) A9900.9950 Increase 685.23 11 Revenue Appropriated Fund Balance A9999.5995 Increase $ 13,853.00 Expense Transfer to Capital Fund(2012.24) A9900.9950 Increase 13,853.00 12 Expense Transfer to Capital A.9900.9950 Increase 61,580.50 Revenue Appropriated Fund Balance A.0000.5995 Increase 61,580.50 HIGHWAY FUND(FUND DB) 9 Revenue Appropriated Fund Balance DB9999.5995 Increase $ 1,688.68 Expense Transfer to Capital Fund(2016.14) DB9900.9950 Increase 1,688.68 13 Revenue Appropriated Fund Balance DB9999.5995 Increase 39,903.99 Expense Transfer to Capital Fund(2020.04) DB9900.9950 Increase 39,903.99 WATER FUND(FUND SW): 6 Revenue Appropriated Fund Balance SW0000.5995 Increase 14,023.54 Expense Transfer to Capital Fund(1384-12) SW9900.9950 Increase 14,023.54 7 Revenue Appropriated Fund Balance SW0000.5995 Increase 35,098.57 Expense Transfer to Capital Fund(1385-12) SW9900.9950 Increase 35,098.57 FIRE FUND(FUND SF) 1 Revenue Appropriated Fund Balance SF0000.5995 Increase 5,000.00 Expense Transfer to Capital Fund(2020-72) SF9900.9950 Increase 5,000.00 Page 243 of 254 i " F 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: Report of Minutes for February 1, 2023 Date: January 25, 2023 The Minutes of the February 1, 2023, Town Board meeting have been reviewed and are ready for approval on February 15, 2023. Action Requested: RESOLVED,that the Town Board hereby approves the minutes of February 1,2023. Page 244 of 254 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: February 9, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Report of Minutes for February 1, 2023 General: The Minutes of 2/1/23 are ready for Town Board approval. Attachments: 2023-02-01 Final Minutes Page 245 of 254 Town of Mamaroneck Town Board Minutes Wednesday, February 1, 2023 Courtroom, Second Floor of Town Center 5:00 PM PRESENT: Jaine Elkind Eney,Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Robin Nichinsky, Councilwoman ABSENT: Jeffery L. King, Councilman ALSO PRESENT: Allison May,Town Clerk Meredith S. Robson,Town Administrator Connie Green O'Donnell, Deputy Town Administrator Robert P.Wasp,Town Engineer Richard Polcari,Town Building Inspector William Maker Jr.,Town Attorney Michael Liverzani,Ambulance District Administrator 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, the meeting unanimously opened at 5:03 p.m. Carried WORK SESSION ITEMS 1. Discussion -Consolidated Fee Schedule 2023 -Town Code, Chapter A250 The Town Board reviewed the Consolidated Fee Schedule for 2023 as proposed. The Town Board had several questions on the Fee Schedule for Town Building Inspector Rich Polcari, mostly about certain fees that Mr. Polcari explained are now redundant. The Board requested the Town Building Inspector confirm with Town Comptroller Tracy Yogman the logistics of refunding fees if that should become necessary. 2. Discussion - NYSDOT Purchase Agreement 2023 NYSDOT Sidewalk Replacement-Town Parcel 4-6-1 Town Engineer Rob Wasp explained the sidewalk replacement project. Mr. Wasp explained that 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 a public input session and subsequent finding of Di Minimis Impact was made by the Town related to the proposed acquisition. NYSDOT recently provided the Page 246 of 254 Town Board February 1, 2023 necessary maps, agreement, and release forms to proceed with subject property acquisition. 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. The Town Board discussed and decided to accept the $80,000.00 from New York State. The Town Board requested the Town Engineer follow up with the State, when they start construction, to avoid going down to one lane of traffic during school pick up and drop off times. 3. Discussion - EMS Billing Proposal Town Ambulance District Administrator Michael Liverzani requested the Town Board approve a new contract for the Town Ambulance District. Mr. Liverzani detailed the many reasons he recommended going with ProClaim for new EMS-reporting software. Mr. Liverzani explained the history, noting that the Town Ambulance District has contracted with Evolution Billing Solutions since 2008 as our EMS billing vendor. Mr. Liverzani explained that we enjoyed a good relationship and have favorable billing returns. However, several factors have led the Ambulance District to believe it may be time to switch billing services. Last year, Evolution was the victim of a cyberattack that caused us to lose data. The Town has also been receiving complaints from residents lately about the difficulty that they have had when contacting Evolution by phone and general poor customer service. In the next month we are transitioning 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, Mr. Liverzani recommends 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 those tablets as part of the contract. The proposal is for a fee of 9% of collections, which we are currently paying Evolution. Mr. Liverzani respectfully requested 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. After Mr. Liverzani answered a few questions from the Board, the Board agreed to approve at the Regular Meeting later in the evening. 4. Request for Advice of Counsel On motion of Councilwoman Nichinsky, seconded by Councilwoman Katz the Town Board entered into Advice of Counsel. Carried On motion of Councilwoman Katz,seconded by Councilwoman Fiddelman the Town Board ended their Advice of Counsel and resumed the Work Session. Carried Page 247 of 254 Town Board February 1, 2023 5. Request for Executive Session On motion of Councilwoman Katz,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 On motion of Councilwoman Katz,seconded by Councilwoman Nichinsky the Town Board ended their Executive Session and resumed the Work Session. Carried 6. Discussion -Tree Law The Board agreed to defer this item to the next Town Board meeting, or perhaps schedule a special meeting on the topic. 7. Updates The Town Clerk asked if the Town Board would consider allowing a Boards and Commissions member to fulfill their 2022 training requirements by March 31, 2023. The Town Board agreed to allow said member to maintain their position by fulfilling the 2022 requirements by March 31, 2023, as a one-off because of extenuating circumstances. 8. Additions to Regular Meeting Agenda There were no additions to the Regular Meeting agenda. 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 8:12 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 February 1, 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 D starting at 5:00pm, which is open to the Public. Upcoming Events: On February 10 from 11:00am to 1:00pm, the Senior Center is hosting a Senior Services Fair. Various organizations that provide services for Seniors will be at this event. These groups will have information tables allowing the seniors to talk to them directly. The goal is to assist seniors in locating services they need, or to learn about services they didn't know were available. The range of services offered includes Page 248 of 254 Town Board February 1, 2023 transportation, elder advocacy, housing, financial, homecare, medical, senior living options, caregiver support, and more. This event is open to the public. For more info call the senior center at 914-834-8840. On February 25 the County Shred-mobile will be coming to Maxwell Avenue between the hours of 10am and 1 pm. For more information go to the sanitation website: LMSanitation.org. Past Events: This past Sunday evening, I attended the Town of Mamaroneck Installation of 2023 Officers Reception where I had the privilege and pleasure of swearing in the Chiefs and Officers of the Town of Mamaroneck Fire Department. Thomas Broderick was installed as Chief of the Department, Alexander Rapp as First Deputy Chief and Joseph Russo as Second Deputy Chief. I'd like to thank outgoing Chief Shaun Hughes for his leadership and for preserving the wonderful reputation and integrity of the TMFD. The TMFD accomplished so much in 2022 and I applaud them as they continue to thrive and grow. They are here for us each and every day. On behalf of myself and the Board of Fire Commissioners, I want to express the pride and appreciation we all feel for the TMFD and thank them from the bottom of my heart for all they have done and continue to do. On the fun side our Recreation Department hosted two special events at the Rink last month: A character skate event was held on Sunday January 22 which was very well attended, as the 450 participants can attest. This past Sunday, the 29th, our fabulous Recreation Department presented their winter festival for the fourth year. The participants enjoyed a magical winter wonderland experience set up throughout the Hommocks Park Ice Rink, which included a bounce house, an inflatable snow globe, air brush tattoos, a character skate, raffles and giveaways. Over 1,100 people checked in at the rink! PUBLIC HEARING 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 The following Notice of Public Hearing is entered into the record as follows: 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. Page 249 of 254 Town Board February 1, 2023 You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: January 19th, 2023 Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman the Public Hearing was unanimously opened. Carried Town Attorney Mr. Maker explained the purpose of the law as noted above. The Town Supervisor then asked if there were any members of the public that wished to comment and there were none. Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky the Public Hearing was unanimously closed. Carried Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz the following Local law was approved. Local Law No. 1 -2023 This local law shall be known as 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. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —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. Periodically the State increases the income limits for persons who qualify for those exemptions. It did so again in 2022. This local law adopts the newly increased income limits by amending Town Code sections 195-6 B.and C. (with respect to senior citizen exemptions)and section 195-36(with respect to exemptions for persons with disabilities). Finally, section 195-6 F. of the Town Code contains the limits on income for partial exemptions from real estate taxes levied by the County of Westchester. There is no reason for the Town Code to contain regulations regarding exemptions from County real estate taxes,especially since section 195- E F. is now out of date because the County has changed the income levels for its partial exemption. The final purpose of this local law is to repeal section 195-6 F. Section 2—Amendment of a current section of the Mamaroneck Code: Section 195-6 A of the Code of the Town of Mamaroneck hereby is amended to provide as follows: The owner or all of the owners must file an application annually in the Assessor's office of the Town. Page 250 of 254 Town Board February 1, 2023 For the purpose of this section, "real property" includes apartments in co-operative corporations and the tenant-stockholders thereof are eligible to apply for a partial tax exemption under section 195-6. Applications must be filed in the Assessor's office on or before the taxable status date of the Town assessment roll, which is May 1 of each calendar year. Notwithstanding the preceding sentence, the last date for filing such application in 2020 shall be June 16,2020. Section 3—Amendment of a current section of the Mamaroneck Code: Section 195-6 B of the Code of the Town of Mamaroneck hereby is amended by substituting $50,000"for"$26,000"therein. Section 4—Amendment of a current section of the Mamaroneck Code: Section 195-6 C of the Code of the Town of Mamaroneck hereby is amended by adding the following new section 195-6 C(5): § 195-6. Exemption granted;conditions C. The owner or all the owners of real property located in the Town who are 65 years of age or older and whose income or combined income from all sources for said twelve-month period exceeded the maximum amount set forth in Subsection B of this section by less than $8,400 shall be eligible to apply for a partial exemption as set forth in the following table: (5) For the period commencing June 1,2023: Annual Income Percentage of Assessed Value Exempt from Taxation $0 to$50,000.00 50% $50,000.01 to$50,999.99 45% $51,000.00 to$51,999.99 40% $52,000.00 to$52,999.99 35% $53,000.00 to$53,899.99 30% $53,900.00 to$54,799.99 25% $54,800.00 to$55,699.99 20% $55,700.00 to$56,599.99 15% $56,600.00 to$57,499.99 10% $57,500.00 to$58,399.99 5% Section 5—Amendment of a current section of the Mamaroneck Code: Section 195-36 of the Code of the Town of Mamaroneck hereby is amended by adding the following new section 195-36 E: § 195-36 Exemption granted Real property that is owned by a person with a disability,or is owned by two or more persons,each of whom has a disability,or is owned by a married couple, one of whom has a disability,or is owned by siblings at least one of whom has a disability shall be exempt from taxation by the Town of Mamaroneck to the extent set forth in the following table, provided (a) the income of the disabled person is limited by reason of the person's disability and (b) an application for such exemption is made in accordance with the provisions of this article: Page 251 of 254 Town Board February 1, 2023 E. For the period commencing June 1,2023: Annual Income Percentage of Assessed Value Exempt from Taxation $0 to$50,000.00 50% $50,000.01 to$50,999.99 45% $51,000.00 to$51,999.99 40% $52,000.00 to$52,999.99 35% $53,000.00 to$53,899.99 30% $53,900.00 to$54,799.99 25% $54,800.00 to$55,699.99 20% $55,700.00 to$56,599.99 15% $56,600.00 to$57,499.99 10% $57,500.00 to$58,399.99 5% Section 6—Repeal of a current section of the Mamaroneck Code: Section 195-6 F of the Code of the Town of Mamaroneck hereby is repealed. Section 7—Reaffirmation of sections of the Mamaroneck Code: Except as amended hereby, sections 195-6 and 195-36 of the Code of the Town of Mamaroneck, as they exist on this date shall remain in full force and effect. Section 8—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 9—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. Carried RESIDENT COMMENTS Noting that there were no residents in the audience for Resident Comments and no Staff Presentations, the Town Supervisor Elkind Eney suggested that the Town Board convene as the Board of Fire Commissioners. STAFF COMMENTS/PRESENTATIONS 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: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Robin Nichinsky Page 252 of 254 Town Board February 1, 2023 2. Fire Claims Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED that this Board of Fire Commissioners does hereby authorize payment of the Fire Department Claims in the amount of$108,495.62, as approved by the Fire Chief and audited by the Comptroller's Office, see Attachment A. Carried 3. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner Katz, seconded by Commissioner Fiddelman, the Commission unanimously adjourned, and the Town Board reconvened. AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization -Consolidated Fee Schedule 2023 -Town Code, Chapter A250 Town Administrator Meredith Robson explained that various Town Departments had reviewed their fees and suggested amendments to the Town's Fee Schedule, based on what other neighboring communities currently charge, as well as to simplify and clarify their fees. Councilwoman Katz added that the Town Board had reviewed the proposed Fee Schedule for 2023 in detail in the Work Session earlier in the evening. Councilwoman Katz reiterated that the Fee Schedule is something that the Town reviews periodically to keep current and ensure that what we are charging is in alignment with what neighboring communities are charging. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board does hereby approves the attached fee schedule for the year 2023 as attached. See Attachment B. Carried 2. Authorization - NYSDOT Purchase Agreement 2023 NYSDOT Sidewalk Replacement-Town Parcel 4-6-1 Town Administrator Meredith Robson explained that this is an agreement with the New York State Department of Transportation for which the Town will receive approximately$80,000. It is for the replacement of the sidewalk at the corner of Weaver Street and Palmer Avenue, for which a portion of the work being done is on a strip of Town property. In order to complete the work, the State must take ownership of this strip of land. Town Supervisor Elkind Eney likened the agreement to cleaning up title. Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Town Board does hereby authorize the Town Administrator Meredith Robson to execute and transmit all required documents necessary for the 2023 NYSDOT Sidewalk Replacement project on Weaver Street. Carried 3. Authorization - EMS Billing Proposal Town Administrator Meredith Robson explained the reasons the Town would like to move to a new EMS billing and reporting software. Councilwoman Fiddelman pointed out that our Town Ambulance Administrator Michael Liverzani had proposed this new provider ProClaim to the Town Board. Page 253 of 254 Town Board February 1, 2023 Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board does hereby approve the proposal from Pro Claim for a new EMS reporting software and authorizes the Town Administrator to execute any documents relative to this change. Carried REPORTS OF MINUTES 1. Reports of Minutes for 8/17/2022, 12/19/2022, 1/11/2023 and 1/18/2023. Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Town Board does hereby approve the minutes of August 18, 2022, December 19, 2022, January 11, 2023, and January 18, 2023. Carried REPORTS OF THE COUNCIL Councilwoman Nichinsky • Attended a Planning Board meeting on the 25th of January. • Also enjoyed attending the Fireman's Installation Dinner. She is very appreciative of our great firemen in our community. Councilwoman Fiddelman • Attended the Fireman's Installation Dinner as well. She always feels very proud to serve them on the Board of Fire Commissioners and help them in any way. • Attended her first Board of Architectural Review meeting, as liaison, where she enjoyed the very warm welcome. Councilwoman Katz • Thanked the Fire Department for the Installation dinner. • Reminded everyone to carry a flashlight when walking their dogs in the street at night. • Noted that the Department of Motor Vehicles has opened a new location in White Plains. TOWN CLERK'S REPORT Happy to be officially caught up on the Minutes for the Town Board meetings. TOWN ATTORNEY'S REPORT Found the camaraderie and mutual respect at the Fireman's Installation dinner very inspiring. Extended his well wishes to everyone for a happy Groundhog Day! ADJOURNMENT On motion of Councilwoman Nichinsky, seconded by Councilwoman Katz, the meeting was unanimously adjourned. Carried NEXT REGULARLY SCHEDULED MEETING - February 15, 2023 Submitted by Allison May, Town Clerk Page 254 of 254