HomeMy WebLinkAbout2023_03_01 Town Board Meeting Packet s
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Town of Mamaroneck
Town Board Agenda
Wednesday, March 1, 2023
Page
5:00 PM THE TOWN BOARD WORK SESSION
The Work Session will convene in Conference Room A located on the Second
Floor at the Town Center.
CALL TO ORDER
WORK SESSION ITEMS
1. Discussion - Tree Law
2. Discussion - Larchmont Public Library: Proposed Operating Budgets for Fiscal 4 - 11
Year 2022/23
Larchmont Public Library: Proposed Operating Budgets for Fiscal Year
2022/23- Pdf
3. Discussion - Amendment to the Mamaroneck Code to Allow Non-residents to 12 - 15
Purchase Permits to Park Overnight in Parking Lot C
Amendment to the Mamaroneck Code to Allow Non-residents to Purchase
Permits to Park Overnight in Parking Lot C - Pdf
4. Discussion - Madison Avenue Streetscape Design
5. Discussion - Governor Hochul's Affordable Housing Proposal
6. Discussion - Authorization of Intermunicipal Agreement (IMA) —Westchester 16 - 72
County Waverly Avenue Bridge Replacement
Waverly Avenue Bridge IMA- Pdf
7. Discussion - Resolution Supporting the Proposed Statute that would Amend 73 - 75
the General Municipal Law, the Civil Service Law, the Retirement and Social
Security Law, and the Public Health Law in Relation to Emergency Medical
Services.
Resolution Supporting the Proposed Statute that would Amend the General
Municipal Law, the Civil Service Law, the Retirement and Social Security Law -
Pdf
8. Request for Executive Session
9. Updates
10. Additions to Regular Meeting Agenda
8:00 PM TOWN BOARD REGULAR MEETING
Page 1 of 161
The Town Board meeting will convene in the Courtroom Located on the second
floor at the Town Center. The Public is able to view the meeting on cable access
television (Optimum 76/ Fios 35) or on LMCMedia.orq
CALL TO ORDER
SUPERVISOR'S REPORT
PUBLIC HEARING(S)
RESIDENT COMMENTS
STAFF COMMENTS/ PRESENTATIONS
1. Chief of Police - Paul Creazzo
BOARD OF FIRE COMMISSIONERS
1. Call to Order
2. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Authorization - Larchmont Public Library: Proposed Operating Budgets for 76 - 83
Fiscal Year 2022/23
Larchmont Public Library: Proposed Operating Budgets for Fiscal Year
2022/23- Pdf
2. Set a Public Hearing - Amendment to the Mamaroneck Code to Allow Non- 84 - 87
residents to Purchase Permits to Park Overnight in Parking Lot C
Amendment to the Mamaroneck Code to Allow Non-residents to Purchase
Permits to Park Overnight in Parkinq Lot C - Pdf
3. Authorization - Authorization of Intermunicipal Agreement (IMA)—Westchester 88 - 144
County Waverly Avenue Bridge Replacement
Waverly Avenue Bridge IMA- Pdf
4. Authorization - Resolution Supporting the Proposed Statute that would Amend 145 - 147
the General Municipal Law, the Civil Service Law, the Retirement and Social
Security Law, and the Public Health Law in Relation to Emergency Medical
Services.
Resolution Supporting the Proposed Statute that would Amend the General
Municipal Law, the Civil Service Law, the Retirement and Social Security Law -
Pdf
REPORTS OF MINUTES
1. Report of Minutes for February 15, 2023 148 - 161
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 15, 2023
Any physically handicapped person needing special assistance in order to
attend the meeting should contact the Town Administrator's office at 381-7810.
Page 2 of 161
Page 3 of 161
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: Larchmont Public Library: Proposed Operating Budget for Fiscal Year 2022/23
Date: February 23, 2023
Attached please find the Proposed Operating Budget for Fiscal Year 2023/24 from the Larchmont
Public Library. Please note the proposed contribution from the Town would be $1,369,373.
Action Requested:
Resolved that the Town Board hereby approves the 2023/24 budget for the Larchmont
Public Library.
Attachment/s:
LPL Budget Proposal Letter FY23-24
Proposed LibrarBudget FY23-24
Page 4 of 161
■
LARCHMONT
PUBLIC LIBRARY
Board of Trustees Library Director
Lauren Gottfried,Chair Laura P.Eckley
Jill Brennick
Barbara Flickinger Liaisons
Galit Lopatin Bordereau Village of Larchmont
Barbara Loomis Liptack Dana Post
Celeste Sharpe Town of Mamaroneck
Linnet Tse Abby Katz
February 13,2022
The Honorable Jaine Eney The Honorable Sarah Bauer
Supervisor,Town of Mamaroneck Mayor,Village of Larchmont
Members,Town Council Members,Board of Trustees
740 West Boston Post Road 120 Larchmont Avenue
Mamaroneck,New York 10543 Larchmont,New York 10538
Larchmont Public Librarv:Proposed Operating Budget for Fiscal Year 2022/23
The Board of Trustees of the Larchmont Public Library is pleased to present you with the Library's proposed
budget for Fiscal Year 2023/24 in the amount of$2,438,190,a 1.6%increase over the current year's budget.
The Library is funded primarily through transfers from the Village of Larchmont and the Town of
Mamaroneck;this proposal anticipates a 2.2% increase in the amount of those transfers for FY 23/24. Our
Board, including our Finance Committee,maintains very careful oversight of the Library's finances through
monthly performance reviews and,working closely with Director Laura Eckley,has developed a budget that
allows us to continue providing the exceptional level of service our community has come to expect while
being fiscally responsible.
Budget t Highlights: The following provides an overview of the Library's proposed budget:
Expense Increase of 1.6%. For FY 23/24,we project the Library's expenses will increase by 1.6%(or
$38,549)largely due to 1)a steep rise in the cost of utilities and 2)a rise in the Library's projected
contribution to the NYS Employee Retirement System for FY23/24.Our projected expenses for salaries and
health insurance have decreased,despite a 13%increase in health insurance premiums and contractual
increases to salaries,due to significant staffing changes over the past year.It is worth pointing out that
although our expenditures on library materials will remain at about the same level,the shift to
eBook and eAudio materials continues.
Funding Increase of 2.2%. For FY 23/24,we are seeking a 2.2%increase in the amount of funds
transferred to the Library from the Village and the Town. The Village's apportionment(42%)is projected to
increase by$21,345 to$991,617,and the Town's apportionment(58%)is projected to increase by$29,478
to$1,369,3731.
1 Since 1930 Library costs have been apportioned between the Village and the Town based on the number of
cardholders residing in each locality.This was ratified by IMA in 1993.As part of their NYS Annual Report our staff
conducts an annual review of cardholders and their localities to ensure an accurate apportionment.
121 Larchmont Avenue, Larchmont, NY 10538 914.834.2281 1 LarchmontLibrary.org
Page 5 of 161
The 2.2%funding increase requested from our funding bodies is slightly higher than our projected 1.6%
expense increase due largely to the planned reduction of contributions from the Library fund balance,
consistent with the Library's Fund Balance Policy, from$40,000 in FY22/23 to$30,000 in FY23/24.
Library Performance Highliizhts:
Recovery from Hurricane Ida.In the spring of 2022 our Lower Level reopened,fully restored from the
damage incurred by Hurricane Ida.The Lower Level is now a bright,fully up-to-date,much sought after
work location for our patrons.The entire project was funded by the Library's insurance policy,FEMA, a
NYS Library Construction Grant,the Friends of the Library and donations.
Demand for Library Services Remains High:As our services returned to normal over the past two years,
our patrons have returned with great enthusiasm. We continue to offer high quality programs for all ages and
the Library is physically very busy with patrons who avail themselves of our comfortable work spaces and
high-speed Wi-Fi. Our exceptional children's department is busy all day, every day and evening hours have
been restored two evenings a week.The staff of LPL works diligently to provide our patrons with materials
and services they value and our newly redesigned Library website provides important information regarding
Library events and services as well as information about community events.The return of the Library's
Museum Pass Program,sponsored by the Friends of the Library,was especially welcome by our patrons in
June 2023. We are now offering free digital access to the New York Times,also thanks to our wonderful
Friends of the Library.We continued to see a high demand for our services as reflected in circulation,
participation in programs,and requests to our reference librarians.
The Larchmont Public Library remains among the busiest and most cost-effective in Westchester.
The attached performance statistics for FY 20/21 (the most recent period for which comparative statistics are
available), show LPL's performance as being among the busiest and most cost effective of the 38 libraries in
Westchester County. Our budget remains well below libraries of comparable size and in comparable
communities; in 2021,our operating expense per capita was$123,ranking us 71'in the county,as compared
with(among others)Bronxville($210),Chappaqua($180), Scarsdale($183),and Mamaroneck($150).
It is our great pleasure to present this budget to you and to continue our tradition of excellent Library service
to the residents of the Larchmont/Mamaroneck community,who actively use and value this beloved local
institution.
We thank you for your continued support of the Larchmont Public Library.
Sincerely,
-6�" 60" laa�_t
Lauren Gottfried Laura Eckley
Chair, Board of Trustees Library Director
cc: Library Board of Trustees
Town Administrator Meredith Robson
Village Administrator Justin Datino
Village Treasurer James Cazzorla
Village Budget Committee
Page 6 of 161
We are proud of these statistics comparing the Larchmont Public Library
to the other Westchester libraries. 2
In FY20/21, we served 17,670 residents of the Village of Larchmont and the
unincorporated area of the Town of Mamaroneck. Our library ranked 16''by
population among the 38 Westchester libraries, yet our usage statistics show that we
are among the busiest in the county.
0 Circulation. We ranked 6'h highest in number of total items checked out
(174,178), 1' in number of items checked out per hour open (266 items per hour
open) —up from 4't'the prior year and 6'f in circulation per capita(9.86).
0 Reference. We ranked 7'' highest in number of reference questions answered by
our staff(29,099) and 5'i' in reference questions per capita (1.65).
0 Programming. We ranked 10"highest in number of adult programs held and 8''
highest in number of teen programs held.
® Children's Room. Our award-winning Children's Room ranked 5'i' in number
of books circulated (50,625).
Cost-effectiveness. Our cost per item checked out ($12.54) remains in the lower third
for the county due in large part to the far-sighted and successful partnership between
the Town and the Village and to the Library Board's careful oversight.
2 Library rankings are from FY20/21,the most recent period for which county-wide statistics are available.
Page 7 of 161
Larchmont Public Library Proposed Budget FY22/23 - Summary Sheet
Proposed Budget-Expenses
FY21/22 FY22/23 FY23124
Budget Budget Proposed Change$ Change% Notes
SPECIAL ITEMS
Subtotal 24,750 24,500 24,500 0.00% Insurance,Taxs
PERSONNEL
Subtotal 1,244,500 1,276,000 1,268,500 (7,500) -0.60% Staffing
EQUIPMENT&LIBRARY MATERIALS -
Subtotal 151,500 179,500 179,000 (500) -0.32% Materials
CONTRACTUALEXPENSES -
Subtotal 262,950 292,250 326,900 34,650 11.65% Facilities,Utilities
- Prof Services
INTERFUND TRANSFERS
Subtotal 50,000 50,000 50,000 0%
EMPLOYEE BENEFITS -
Subtotal 625,344 577,391 589,290 11,899 1.97% Benefits
TOTAL 2,359,044 2,399,641 2,438,190 38,549 1.6%
Proposed Budget-Revenue
FY21/22 FY22/23 FY23124
Budget Budget Proposed Change$ Change % Notes
Town of Mamaroneck 1,313,623 1,339,895 1,369,373 29,478 2.20%
Village of Larchmont 951,247 970,272 991,617 21,345 2.20%
Library Unrestricted Fund Balance 50,000 40,000 30,000 (10,000) -25.00%
Friends of Larchmont Library 12,000 12,000 14,000 2,000 16.67%
Additional misc revenue excluding tax levys 32,174 37,474 33,200 (4,274) -11.41%
REVENUE TOTAL 2,359,044 2,399,641 2,438,190 38,549 1.6%
TOTAL REVENUE EXCLUDING TAX LEVYS 94,174 89,474 77,200 (12,274) -13.72%
Page 8 of 161
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Page 11 of 161
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: Amendment to the Mamaroneck Code to Allow Non-residents to Purchase
Permits to Park Overnight in Parking Lot C
Date: February 21, 2023
Attached is a memo from Town Attorney, Bill Maker and a proposed local law to amend section 219-
48A which limits parking permits only to residents.Under the proposed local law,Parking Lot C would
become available to non-residents. As highlighted in Section 1, the lot is currently underutilized and I
am recommending that the Board expand access to non-residents, as per the Town Clerk's suggestion.
Action Requested:
Resolved that the Town Board hereby sets a Public Hearing for "Amendment to the
Mamaroneck Code to allow non-residents to purchase permits to park overnight in Parking
Lot C" for the Town Board Meeting on March 15, 2023.
Page 12 of 161
Town of Mamaroneck
Town Center
• 740 West Boston Post Road, Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
wmakerj r @towno fmamaroneckNY.org
Date: February 17, 2023
To: Meredith Robson, Town Administrator
From: William Maker Jr., Town Attorney
Subject: Amendment to the Mamaroneck Code to Allow Non-residents to Purchase
Permits to Park Overnight in Parking Lot C
General:
At the Town Board's February 15th meeting, the Town Clerk proposed opening up Parking Lot C on
Myrtle Boulevard to nonresidents. The Town Code prohibits the Clerk from selling permits to
nonresidents, however.
The attached proposed local law would amend section 219-48 A. of the Town Code to allow the Clerk
to sell permits to nonresidents for overnight parking in Parking Lot C. A copy of existing section 219-
48 A. also is attached so that the Town Board members can readily compare the proposed change and
the current law.
If the Town Board deems the local law worthy of consideration, it can set a public hearing to discuss it
at a subsequent Town Board meeting.
Attachment/s:
2023-02-17-LL (002)
SKM C450i23021715251
Page 13 of 161
Local Law No. -2023
This local law shall be known as the "Allowing Non-residents to Park Overnight in Parking Lot
C" law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
Parking Lot C on Myrtle Boulevard, which allows overnight parking, is underutilized.
Nonresidents have inquired about being allowed to purchase permits to park overnight in that lot;
however, the Town Clerk cannot issue permits to them because section 219-48 A. of the Town
Code prohibits the Town Clerk from selling parking permits to persons who are not residents of
the Town. This local law will eliminate that prohibition with respect to Parking Lot C.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 248-19 A. of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
A. The Town Clerk may only issue permits to residents of the Town, except that the Town
Clerk may issue permits to both residents and non-residents of the Town for overnight parking in
Parking Lot C. Except when seeking a permit for Parking Lot C, at the time of application, the
applicant must submit proof of residency in a form satisfactory to the Town Clerk.
Section 3-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
February 17,2023
Page 14 of 161
Chapter 219. Vehicles and Traffic
ARTICLE IV. Paid Parking
Part I. Parking Lots
§ 219-48. Issuance of permits.
A. The Town Clerk may only issue permits to residents of the Town. At the time of application, the
applicant must submit proof of such residency in a form satisfactory to the Town Clerk.
Page 15 of 161
•
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 16 of 161
•
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
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 17 of 161
BPL26 IMA- Phase 2- Waverly Ave Bridge MMT (1-27-23) clean
Page 18 of 161
(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 tenns of the flood mitigation project.
Your Corrunittee is advised that the Bond Act, prepared by the law finn 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 inonths 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 Stonn 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 stonn water management and reduce flooding.
Page 19 of 161
By Act No. 134-2014, your Honorable Board approved the Storrnwater 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 stor nwater 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 annexed.
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 20 of 161
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—L ; j , 2022
White Mains New York
G
COMMITTEE ON �l�✓l i i�i I�rd
C:Jpgi3.l 0.22 1 I/
BLJ�e � r�
Page 21 of 161
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
1011, 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
Page 22 of 161
FISCAL IMPACT STATEMENT
CAPITAL PROJECT#: BPL26 aNO FISCAL IMPACT PROJECTED
SECTION A-CAPITAL BUDGET IMPACT
To Be Completed by Budget
FKX GENERAL FUND =AIRPORT FUND =SPECIAL DISTRICTS FUND
Source of County Funds (check one): F 7XCurrent Appropriations
aCapital 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 F 7xNot Applicable
Prepared by: David Kvinge
Title: Assistant Commissioner 4�—reviewed By: 4, y
Department: Planning udget Director
Date: 6/7/22 Date: c
Page 23 of 161
Westchester
govcom Memorandum
Department of Planning
TO: Michelle Greenbaum, Senior Assistant County Attorney
Jeffrey Goldman, Senior Assistant County Attorney
FROM: David S. Kvinge, AICP, RLA,CFM �C
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
conununication or microwave transmission facilities.
COMMENTS: The replacement bridge will be slightly wider to accommodate sidewalks.
DSK/cmn
cc: Andrew Ferris, Chief of Staff
Paula Friedman, Assistant to the County Executive
Tami 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 24 of 161
RESOLUTION 21- �`
WESTCHESTER COUNTY PLANNING BOARD
Amendment of Planning Board Report on 2021 Capital Project Requests
BPL26 Flood Mitigatoon
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 Guide County Platrniirg, 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
,Rich rd Hyman, CL6ir
Page 25 of 161
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 26 of 161
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 27 of 161
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 commenced within twenty days after the
date of such publication, or
3675003.1045751 LEG
Page 28 of 161
(c) such obligations are authorized in violation of the provisions of the Constitution.
Section S. This Act shall take effect in accordance with Section 107.71 of the
Westchester County Charter.
3675003.1045751 LEG
Page 29 of 161
CAPITAL PROJECT FACT SHEET
Project ID:* 0 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 find,specific projects are subject to a Capital Budget Amendment.
❑Best Management Practices ❑Energy Efficiencies ❑Infrastructure
(]Life Safety ❑Project Labor Agreement ❑Revenue
❑Security E Other(FLOOD MITIGATION)
FIVE-YEAR CAPITAL PROGRAuivi 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 0 01 0 01 01 0 0
Net 51,750 20,7501 11,0001 0 01 01 0 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: S 0
Bonds/Notes: 2,200,000
Cash: 0
Total: $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 Pa6dgu*bT 161
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 USAGE 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: N/IAM'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
21 171 350,000 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
RJ134 04-01-2022
Budget Department Date
LMY 1 04-04-2022
Requesting Department Date
W B B4 04-04-2022
06-08-2022 08:47:50 AM Pacjw&1o6f 161
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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
OPR.D OF IE
�,,••• Cis, n �Vande�rberg, Clef� v N T � stch ster rd of L islators
,f
Of
16113 ,
14IT V.
�cyf�iER`OJ
Page 35 of 161
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:
Page 36 of 161
ACT NO. 2022 - 93
AN ACT authorizing the County of
Westchester to enter into an
intennunicipal agreement with the
Town of Mamaroneck in comlection
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 form 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 tern 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 37 of 161
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.
Ma ika er erg
The Clerk of the Westchester County
Board of Legislators
County of Westchester, New York
p:RD OF 1 E
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Page 38 of 161
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 II"
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
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WHEREAS, approval by the Board of Legislators for Phase I funding does not guarantee
approval for Phase 11 funding; and
WHEREAS, the Municipality wishes to participate in the SWML funding program and has
submitted an application to the County for Phase 11 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 II 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.
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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 11 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 41 of 161
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
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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.
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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,
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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.
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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
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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:
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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 party 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.
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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.
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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.
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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 lI 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,
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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
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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 53 of 161
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 54 of 161
Sr. Assistant County Attorney
County of Westchester
Page 55 of 161
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 56 of 161
CERTIFICATE OF AUTHORITY
I, ,
(Officer other than of 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 57 of 161
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 58 of 161
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-1" and `13-2," 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 59 of 161
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 60 of 161
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 61 of 161
SCHEDULE `4B-1"
EASEMENT BOUNDARY
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Page 62 of 161
SCHEDULE `4B-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 37°38'59.8" 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 39°12'55.5" 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
50°51'57.4" 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 35°27'47.5" 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 63 of 161
thence along said boundary line South 48°55'49.5" 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
52°22'32.9" 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 48°15'0.0" 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 45°21'20.2" 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 13°39'48.7" 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 45°55'10.2" 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 64 of 161
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 65 of 161
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.l) 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 66 of 161
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 67 of 161
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 68 of 161
INSERT VENDOR DIRECT FORM
Page 69 of 161
SCHEDULE "E"
County's Discretionary Funding Policy attached hereto.
WESTCHESTER COUNTY FAIR AND AFFORDABLE HOUSING
IMPLEMENTATION PLAN
August9,2010
Appendix D-2(ii): Discretionary Funding Allocation Policy
as approved January 10,2012
Page 70 of 161
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 notaffinnatively
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 furthering 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 71 of 161
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 72 of 161
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: Resolution Supporting the Proposed Statute that would Amend the General
Municipal Law,the Civil Service Law,the Retirement and Social Security Law,
and the Public Health Law in Relation to Emergency Medical Services.
Date: February 24, 2023
The attached was distributed by the Town Supervisor for your consideration in the previous Board
Meeting. The summary of proposed EMS legislation provides an explanation of the proposed resolution
which we recommend for adoption.
Action Requested:
Resolved that the Town Board hereby adopt the proposed EMS legislation.
Attachment/s:
Resolution Supporting the Proposed Statute that would Amend the General Municipal Law, the Civil
Service Law, the Retirement and Social Security Law, and the Public Health Law in Relation to
Emergency Medical Services
Page 73 of 161
RESOLUTION SUPPORTING THE PROPOSED STATUTE THAT WOULD AMEND THE
GENERAL MUNICIPAL LAW,THE CIVIL SERVICE LAW, THE RETIREMENT AND
SOCIAL SECURITY LAW AND THE PUBLIC HEALTH LAW IN RELATION TO
EMERGENCY MEDICAL SERVICES
WHEREAS,proposed state legislation S.4020/A.3392 entitled "An act to amend the general
municipal law, the civil service law, the retirement and social security law and the public health law, in
relation to emergency medical services"has been introduced that would define emergency medical
services as an essential service, thereby requiring that emergency medical service be available to all
residents throughout the state;extend access to benefits available to emergency medical services
personnel;and develop plans and standards for regional and statewide emergency medical service
agencies, and
WHEREAS,the legislation amends the general municipal law to require that emergency medical
services are provided in a reliable form by all municipalities throughout the state and be available to all
state residents; and
WHEREAS,the legislation amends section 3000 of the public health law to clarify that
emergency medical services are essential services, and
WHEREAS,the Town of Mamaroneck"Town"Board recognizes the many concerns related to
the service delivery of emergency medical services throughout the county, state,and nation involving such
issues as staff recruitment and retention and the lack of access to alternative revenues such as grants and
adequate insurance payments, training opportunities, and clear standards for EMS agencies;and
WHEREAS, emergency medical service agencies provide an essential service that should
provide equal access to those in need of their services,and also provide essential early intervention health
care to their patients; and
WHEREAS,the Town considers that this legislation is a good first step to resolving the crisis
currently facing the emergency medical service community.
NOW,THEREFORE BE IT RESOLVED,that the Town is in support of the passage of the
proposed legislation S.4020/A.3392 and
BE IT FURTHER RESOLVED, that the Town Clerk shall distribute copies of this resolution to
the NYS Governor,the Town representatives in the State Assembly and the State Senate, and bill sponsors
NYS Senator Shelley Mayer and NYS Assemblyman Steve Otis.
The above resolution was put to a roll call vote:
Page 74 of 161
Summary of proposed EMS legislation:
S4020/A3392 (2023 Legislative Session):
• Defines EMS as Essential. Must be provided by municipalities in a reliable manner and
be available to everyone. (EMS is considered Essential in 11 other states including
Connecticut&Pennsylvania)
• NYS EMS Council and Regional EMS Councils must develop statewide comprehensive
and regional plans and standards.
• Establishment of an EMS quality and sustainability assurance program and an
emergency medical system training program.
• Development of a public service campaign for EMS recruitment; mental health &
wellness programs to reduce burnout, suicide, depression.
• Provides access to NYSHIP/Empire Plan for NFP & Volunteer EMS agencies.
• Provides access to NYS Retirement benefits for NFP & Volunteers (as service credit-
like FF).
• Allows for the creation of EMS special districts as of right.
• Opportunity for EMS agencies to become accredited.
National Conference of State Leaislatures (NCSL):
An essential service is a service that the government is required, by law, to provide to its
citizens. States have the authority to determine which services are"essential." EMS may be
considered an essential service for its role ensuring the health and safety of the population.
Supporting documents available at: www.rvebrook.org/ems
Page 75 of 161
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: Larchmont Public Library: Proposed Operating Budget for Fiscal Year 2022/23
Date: February 23, 2023
Attached please find the Proposed Operating Budget for Fiscal Year 2023/24 from the Larchmont
Public Library. Please note the proposed contribution from the Town would be $1,369,373.
Action Requested:
Resolved that the Town Board hereby approves the 2023/24 budget for the Larchmont
Public Library.
Attachment/s:
LPL Budget Proposal Letter FY23-24
Proposed LibrarBudget FY23-24
Page 76 of 161
■
LARCHMONT
PUBLIC LIBRARY
Board of Trustees Library Director
Lauren Gottfried,Chair Laura P.Eckley
Jill Brennick
Barbara Flickinger Liaisons
Galit Lopatin Bordereau Village of Larchmont
Barbara Loomis Liptack Dana Post
Celeste Sharpe Town of Mamaroneck
Linnet Tse Abby Katz
February 13,2022
The Honorable Jaine Eney The Honorable Sarah Bauer
Supervisor,Town of Mamaroneck Mayor,Village of Larchmont
Members,Town Council Members,Board of Trustees
740 West Boston Post Road 120 Larchmont Avenue
Mamaroneck,New York 10543 Larchmont,New York 10538
Larchmont Public Librarv:Proposed Operating Budget for Fiscal Year 2022/23
The Board of Trustees of the Larchmont Public Library is pleased to present you with the Library's proposed
budget for Fiscal Year 2023/24 in the amount of$2,438,190,a 1.6%increase over the current year's budget.
The Library is funded primarily through transfers from the Village of Larchmont and the Town of
Mamaroneck;this proposal anticipates a 2.2% increase in the amount of those transfers for FY 23/24. Our
Board, including our Finance Committee,maintains very careful oversight of the Library's finances through
monthly performance reviews and,working closely with Director Laura Eckley,has developed a budget that
allows us to continue providing the exceptional level of service our community has come to expect while
being fiscally responsible.
Budget t Highlights: The following provides an overview of the Library's proposed budget:
Expense Increase of 1.6%. For FY 23/24,we project the Library's expenses will increase by 1.6%(or
$38,549)largely due to 1)a steep rise in the cost of utilities and 2)a rise in the Library's projected
contribution to the NYS Employee Retirement System for FY23/24.Our projected expenses for salaries and
health insurance have decreased,despite a 13%increase in health insurance premiums and contractual
increases to salaries,due to significant staffing changes over the past year.It is worth pointing out that
although our expenditures on library materials will remain at about the same level,the shift to
eBook and eAudio materials continues.
Funding Increase of 2.2%. For FY 23/24,we are seeking a 2.2%increase in the amount of funds
transferred to the Library from the Village and the Town. The Village's apportionment(42%)is projected to
increase by$21,345 to$991,617,and the Town's apportionment(58%)is projected to increase by$29,478
to$1,369,3731.
1 Since 1930 Library costs have been apportioned between the Village and the Town based on the number of
cardholders residing in each locality.This was ratified by IMA in 1993.As part of their NYS Annual Report our staff
conducts an annual review of cardholders and their localities to ensure an accurate apportionment.
121 Larchmont Avenue, Larchmont, NY 10538 914.834.2281 1 LarchmontLibrary.ora
Page 77 of 161
The 2.2%funding increase requested from our funding bodies is slightly higher than our projected 1.6%
expense increase due largely to the planned reduction of contributions from the Library fund balance,
consistent with the Library's Fund Balance Policy, from$40,000 in FY22/23 to$30,000 in FY23/24.
Library Performance Highliizhts:
Recovery from Hurricane Ida.In the spring of 2022 our Lower Level reopened,fully restored from the
damage incurred by Hurricane Ida.The Lower Level is now a bright,fully up-to-date,much sought after
work location for our patrons.The entire project was funded by the Library's insurance policy,FEMA, a
NYS Library Construction Grant,the Friends of the Library and donations.
Demand for Library Services Remains High:As our services returned to normal over the past two years,
our patrons have returned with great enthusiasm. We continue to offer high quality programs for all ages and
the Library is physically very busy with patrons who avail themselves of our comfortable work spaces and
high-speed Wi-Fi. Our exceptional children's department is busy all day, every day and evening hours have
been restored two evenings a week.The staff of LPL works diligently to provide our patrons with materials
and services they value and our newly redesigned Library website provides important information regarding
Library events and services as well as information about community events.The return of the Library's
Museum Pass Program,sponsored by the Friends of the Library,was especially welcome by our patrons in
June 2023. We are now offering free digital access to the New York Times,also thanks to our wonderful
Friends of the Library.We continued to see a high demand for our services as reflected in circulation,
participation in programs,and requests to our reference librarians.
The Larchmont Public Library remains among the busiest and most cost-effective in Westchester.
The attached performance statistics for FY 20/21 (the most recent period for which comparative statistics are
available), show LPL's performance as being among the busiest and most cost effective of the 38 libraries in
Westchester County. Our budget remains well below libraries of comparable size and in comparable
communities; in 2021,our operating expense per capita was$123,ranking us 71'in the county,as compared
with(among others)Bronxville($210),Chappaqua($180), Scarsdale($183),and Mamaroneck($150).
It is our great pleasure to present this budget to you and to continue our tradition of excellent Library service
to the residents of the Larchmont/Mamaroneck community,who actively use and value this beloved local
institution.
We thank you for your continued support of the Larchmont Public Library.
Sincerely,
-6�" 60" laa�_t
Lauren Gottfried Laura Eckley
Chair, Board of Trustees Library Director
cc: Library Board of Trustees
Town Administrator Meredith Robson
Village Administrator Justin Datino
Village Treasurer James Cazzorla
Village Budget Committee
Page 78 of 161
We are proud of these statistics comparing the Larchmont Public Library
to the other Westchester libraries. 2
In FY20/21, we served 17,670 residents of the Village of Larchmont and the
unincorporated area of the Town of Mamaroneck. Our library ranked 16''by
population among the 38 Westchester libraries, yet our usage statistics show that we
are among the busiest in the county.
0 Circulation. We ranked 6'h highest in number of total items checked out
(174,178), 1' in number of items checked out per hour open (266 items per hour
open) —up from 4't'the prior year and 6'f in circulation per capita(9.86).
0 Reference. We ranked 7'' highest in number of reference questions answered by
our staff(29,099) and 5'i' in reference questions per capita (1.65).
0 Programming. We ranked 10"highest in number of adult programs held and 8''
highest in number of teen programs held.
® Children's Room. Our award-winning Children's Room ranked 5'i' in number
of books circulated (50,625).
Cost-effectiveness. Our cost per item checked out ($12.54) remains in the lower third
for the county due in large part to the far-sighted and successful partnership between
the Town and the Village and to the Library Board's careful oversight.
2 Library rankings are from FY20/21,the most recent period for which county-wide statistics are available.
Page 79 of 161
Larchmont Public Library Proposed Budget FY22/23 - Summary Sheet
Proposed Budget-Expenses
FY21/22 FY22/23 FY23124
Budget Budget Proposed Change$ Change% Notes
SPECIAL ITEMS
Subtotal 24,750 24,500 24,500 0.00% Insurance,Taxs
PERSONNEL
Subtotal 1,244,500 1,276,000 1,268,500 (7,500) -0.60% Staffing
EQUIPMENT&LIBRARY MATERIALS -
Subtotal 151,500 179,500 179,000 (500) -0.32% Materials
CONTRACTUALEXPENSES -
Subtotal 262,950 292,250 326,900 34,650 11.65% Facilities,Utilities
- Prof Services
INTERFUND TRANSFERS
Subtotal 50,000 50,000 50,000 0%
EMPLOYEE BENEFITS -
Subtotal 625,344 577,391 589,290 11,899 1.97% Benefits
TOTAL 2,359,044 2,399,641 2,438,190 38,549 1.6%
Proposed Budget-Revenue
FY21/22 FY22/23 FY23124
Budget Budget Proposed Change$ Change % Notes
Town of Mamaroneck 1,313,623 1,339,895 1,369,373 29,478 2.20%
Village of Larchmont 951,247 970,272 991,617 21,345 2.20%
Library Unrestricted Fund Balance 50,000 40,000 30,000 (10,000) -25.00%
Friends of Larchmont Library 12,000 12,000 14,000 2,000 16.67%
Additional misc revenue excluding tax levys 32,174 37,474 33,200 (4,274) -11.41%
REVENUE TOTAL 2,359,044 2,399,641 2,438,190 38,549 1.6%
TOTAL REVENUE EXCLUDING TAX LEVYS 94,174 89,474 77,200 (12,274) -13.72%
Page 80 of 161
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Page 83 0 161
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: Amendment to the Mamaroneck Code to Allow Non-residents to Purchase
Permits to Park Overnight in Parking Lot C
Date: February 21, 2023
Attached is a memo from Town Attorney, Bill Maker and a proposed local law to amend section 219-
48A which limits parking permits only to residents.Under the proposed local law,Parking Lot C would
become available to non-residents. As highlighted in Section 1, the lot is currently underutilized and I
am recommending that the Board expand access to non-residents, as per the Town Clerk's suggestion.
Action Requested:
Resolved that the Town Board hereby sets a Public Hearing for "Amendment to the
Mamaroneck Code to allow non-residents to purchase permits to park overnight in Parking
Lot C" for the Town Board Meeting on March 15, 2023.
Page 84 of 161
Town of Mamaroneck
Town Center
• 740 West Boston Post Road, Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
wmakerj r @towno fmamaroneckNY.org
Date: February 17, 2023
To: Meredith Robson, Town Administrator
From: William Maker Jr., Town Attorney
Subject: Amendment to the Mamaroneck Code to Allow Non-residents to Purchase
Permits to Park Overnight in Parking Lot C
General:
At the Town Board's February 15th meeting, the Town Clerk proposed opening up Parking Lot C on
Myrtle Boulevard to nonresidents. The Town Code prohibits the Clerk from selling permits to
nonresidents, however.
The attached proposed local law would amend section 219-48 A. of the Town Code to allow the Clerk
to sell permits to nonresidents for overnight parking in Parking Lot C. A copy of existing section 219-
48 A. also is attached so that the Town Board members can readily compare the proposed change and
the current law.
If the Town Board deems the local law worthy of consideration, it can set a public hearing to discuss it
at a subsequent Town Board meeting.
Attachment/s:
2023-02-17-LL (002)
SKM C450i23021715251
Page 85 of 161
Local Law No. -2023
This local law shall be known as the "Allowing Non-residents to Park Overnight in Parking Lot
C" law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
Parking Lot C on Myrtle Boulevard, which allows overnight parking, is underutilized.
Nonresidents have inquired about being allowed to purchase permits to park overnight in that lot;
however, the Town Clerk cannot issue permits to them because section 219-48 A. of the Town
Code prohibits the Town Clerk from selling parking permits to persons who are not residents of
the Town. This local law will eliminate that prohibition with respect to Parking Lot C.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 248-19 A. of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
A. The Town Clerk may only issue permits to residents of the Town, except that the Town
Clerk may issue permits to both residents and non-residents of the Town for overnight parking in
Parking Lot C. Except when seeking a permit for Parking Lot C, at the time of application, the
applicant must submit proof of residency in a form satisfactory to the Town Clerk.
Section 3-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
February 17,2023
Page 86 of 161
Chapter 219. Vehicles and Traffic
ARTICLE IV. Paid Parking
Part I. Parking Lots
§ 219-48. Issuance of permits.
A. The Town Clerk may only issue permits to residents of the Town. At the time of application, the
applicant must submit proof of such residency in a form satisfactory to the Town Clerk.
Page 87 of 161
•
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 88 of 161
•
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
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 89 of 161
BPL26 IMA- Phase 2- Waverly Ave Bridge MMT (1-27-23) clean
Page 90 of 161
(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 tenns of the flood mitigation project.
Your Corrunittee is advised that the Bond Act, prepared by the law finn 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 inonths 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 Stonn 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 stonn water management and reduce flooding.
Page 91 of 161
By Act No. 134-2014, your Honorable Board approved the Storrnwater 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 stor nwater 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 annexed.
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 92 of 161
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—L ; j , 2022
White Mains New York
G
COMMITTEE ON �l�✓l i i�i I�rd
C:Jpgi3.l 0.22 1 I/
BLJ�e � r�
Page 93 of 161
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
1011, 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
Page 94 of 161
FISCAL IMPACT STATEMENT
CAPITAL PROJECT#: BPL26 aNO FISCAL IMPACT PROJECTED
SECTION A-CAPITAL BUDGET IMPACT
To Be Completed by Budget
FKX GENERAL FUND =AIRPORT FUND =SPECIAL DISTRICTS FUND
Source of County Funds (check one): F 7XCurrent Appropriations
aCapital 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 F 7xNot Applicable
Prepared by: David Kvinge
Title: Assistant Commissioner 4�—reviewed By: 4, y
Department: Planning udget Director
Date: 6/7/22 Date: c
Page 95 of 161
Westchester
govcom Memorandum
Department of Planning
TO: Michelle Greenbaum, Senior Assistant County Attorney
Jeffrey Goldman, Senior Assistant County Attorney
FROM: David S. Kvinge, AICP, RLA,CFM �C
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
conununication or microwave transmission facilities.
COMMENTS: The replacement bridge will be slightly wider to accommodate sidewalks.
DSK/cmn
cc: Andrew Ferris, Chief of Staff
Paula Friedman, Assistant to the County Executive
Tami 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 96 of 161
RESOLUTION 21- �`
WESTCHESTER COUNTY PLANNING BOARD
Amendment of Planning Board Report on 2021 Capital Project Requests
BPL26 Flood Mitigatoon
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 Guide County Platrniirg, 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
,Rich rd Hyman, CL6ir
Page 97 of 161
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 98 of 161
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 99 of 161
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 commenced within twenty days after the
date of such publication, or
3675003.1045751 LEG
Page 100 of 161
(c) such obligations are authorized in violation of the provisions of the Constitution.
Section S. This Act shall take effect in accordance with Section 107.71 of the
Westchester County Charter.
3675003.1045751 LEG
Page 101 of 161
CAPITAL PROJECT FACT SHEET
Project ID:* 0 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 find,specific projects are subject to a Capital Budget Amendment.
❑Best Management Practices ❑Energy Efficiencies ❑Infrastructure
(]Life Safety ❑Project Labor Agreement ❑Revenue
❑Security E Other(FLOOD MITIGATION)
FIVE-YEAR CAPITAL PROGRAuivi 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 0 01 0 01 01 0 0
Net 51,750 20,7501 11,0001 0 01 01 0 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: S 0
Bonds/Notes: 2,200,000
Cash: 0
Total: $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 Pag@aT&V 161
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 USAGE 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: N/IAM'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
21 171 350,000 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
RJ134 04-01-2022
Budget Department Date
LMY I 04-04-2022
Requesting Department Date
W B B4 04-04-2022
06-08-2022 08:47:50 AM PageatO&6f 161
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Page 106 of 161
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
OPR.D OF IE
�,,••• Cis, n �Vande�rberg, Clef� v N T � stch ster rd of L islators
,f
Of
16113 ,
14IT V.
�cyf�iER`OJ
Page 107 of 161
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:
Page 108 of 161
ACT NO. 2022 - 93
AN ACT authorizing the County of
Westchester to enter into an
intennunicipal agreement with the
Town of Mamaroneck in comlection
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 form 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 tern 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 109 of 161
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.
Ma ika er erg
The Clerk of the Westchester County
Board of Legislators
County of Westchester, New York
p:RD OF 1 E
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Page 110 of 161
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 II"
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 111 of 161
WHEREAS, approval by the Board of Legislators for Phase I funding does not guarantee
approval for Phase 11 funding; and
WHEREAS, the Municipality wishes to participate in the SWML funding program and has
submitted an application to the County for Phase 11 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 II 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 112 of 161
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 11 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 113 of 161
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
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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 115 of 161
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 116 of 161
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 117 of 161
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 118 of 161
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 119 of 161
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 party 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.
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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.
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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.
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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 lI 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,
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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
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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.
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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 126 of 161
Sr. Assistant County Attorney
County of Westchester
Page 127 of 161
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 128 of 161
CERTIFICATE OF AUTHORITY
I, ,
(Officer other than of 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 129 of 161
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 130 of 161
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-1" and `13-2," 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 131 of 161
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 132 of 161
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 133 of 161
SCHEDULE `4B-1"
EASEMENT BOUNDARY
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Page 134 of 161
SCHEDULE `4B-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 37°38'59.8" 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 39°12'55.5" 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
50°51'57.4" 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 35°27'47.5" 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 135 of 161
thence along said boundary line South 48°55'49.5" 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
52°22'32.9" 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 48°15'0.0" 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 45°21'20.2" 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 13°39'48.7" 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 45°55'10.2" 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 136 of 161
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 137 of 161
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.l) 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 138 of 161
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 139 of 161
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 140 of 161
INSERT VENDOR DIRECT FORM
Page 141 of 161
SCHEDULE "E"
County's Discretionary Funding Policy attached hereto.
WESTCHESTER COUNTY FAIR AND AFFORDABLE HOUSING
IMPLEMENTATION PLAN
August9,2010
Appendix D-2(ii): Discretionary Funding Allocation Policy
as approved January 10,2012
Page 142 of 161
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 notaffinnatively
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 furthering 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 143 of 161
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 144 of 161
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: Resolution Supporting the Proposed Statute that would Amend the General
Municipal Law,the Civil Service Law,the Retirement and Social Security Law,
and the Public Health Law in Relation to Emergency Medical Services.
Date: February 24, 2023
The attached was distributed by the Town Supervisor for your consideration in the previous Board
Meeting. The summary of proposed EMS legislation provides an explanation of the proposed resolution
which we recommend for adoption.
Action Requested:
Resolved that the Town Board hereby adopt the proposed EMS legislation.
Attachment/s:
Resolution Supporting the Proposed Statute that would Amend the General Municipal Law, the Civil
Service Law, the Retirement and Social Security Law, and the Public Health Law in Relation to
Emergency Medical Services
Page 145 of 161
RESOLUTION SUPPORTING THE PROPOSED STATUTE THAT WOULD AMEND THE
GENERAL MUNICIPAL LAW,THE CIVIL SERVICE LAW, THE RETIREMENT AND
SOCIAL SECURITY LAW AND THE PUBLIC HEALTH LAW IN RELATION TO
EMERGENCY MEDICAL SERVICES
WHEREAS,proposed state legislation S.4020/A.3392 entitled "An act to amend the general
municipal law, the civil service law, the retirement and social security law and the public health law, in
relation to emergency medical services"has been introduced that would define emergency medical
services as an essential service, thereby requiring that emergency medical service be available to all
residents throughout the state;extend access to benefits available to emergency medical services
personnel;and develop plans and standards for regional and statewide emergency medical service
agencies, and
WHEREAS,the legislation amends the general municipal law to require that emergency medical
services are provided in a reliable form by all municipalities throughout the state and be available to all
state residents; and
WHEREAS,the legislation amends section 3000 of the public health law to clarify that
emergency medical services are essential services, and
WHEREAS,the Town of Mamaroneck"Town"Board recognizes the many concerns related to
the service delivery of emergency medical services throughout the county, state,and nation involving such
issues as staff recruitment and retention and the lack of access to alternative revenues such as grants and
adequate insurance payments, training opportunities, and clear standards for EMS agencies;and
WHEREAS, emergency medical service agencies provide an essential service that should
provide equal access to those in need of their services,and also provide essential early intervention health
care to their patients; and
WHEREAS,the Town considers that this legislation is a good first step to resolving the crisis
currently facing the emergency medical service community.
NOW,THEREFORE BE IT RESOLVED,that the Town is in support of the passage of the
proposed legislation S.4020/A.3392 and
BE IT FURTHER RESOLVED, that the Town Clerk shall distribute copies of this resolution to
the NYS Governor,the Town representatives in the State Assembly and the State Senate, and bill sponsors
NYS Senator Shelley Mayer and NYS Assemblyman Steve Otis.
The above resolution was put to a roll call vote:
Page 146 of 161
Summary of proposed EMS legislation:
S4020/A3392 (2023 Legislative Session):
• Defines EMS as Essential. Must be provided by municipalities in a reliable manner and
be available to everyone. (EMS is considered Essential in 11 other states including
Connecticut&Pennsylvania)
• NYS EMS Council and Regional EMS Councils must develop statewide comprehensive
and regional plans and standards.
• Establishment of an EMS quality and sustainability assurance program and an
emergency medical system training program.
• Development of a public service campaign for EMS recruitment; mental health &
wellness programs to reduce burnout, suicide, depression.
• Provides access to NYSHIP/Empire Plan for NFP & Volunteer EMS agencies.
• Provides access to NYS Retirement benefits for NFP & Volunteers (as service credit-
like FF).
• Allows for the creation of EMS special districts as of right.
• Opportunity for EMS agencies to become accredited.
National Conference of State Leaislatures (NCSL):
An essential service is a service that the government is required, by law, to provide to its
citizens. States have the authority to determine which services are"essential." EMS may be
considered an essential service for its role ensuring the health and safety of the population.
Supporting documents available at: www.rvebrook.org/ems
Page 147 of 161
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 15, 2023
Date: January 25, 2023
The Minutes of the February 15, 2023, Town Board meeting have been reviewed and are ready for
approval on March 1, 2023.
Action Requested:
Resolved that the Town Board hereby approves the minutes of February 15, 2023.
Page 148 of 161
`" Town of Mamaroneck
VI
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 24, 2023
To: Meredith Robson, Town Administrator
From: Allison May, Town Clerk
Subject: Report of Minutes for February 15, 2023
General:
The Minutes of 2/15/23 are ready for Town Board approval.
Attachment/s:
2023-02-15 Working Minutes - Original Not Yet Corrected
Page 149 of 161
` Town of Mamaroneck
Town Board Minutes
w F, Wednesday, February 15,2023 Courtroom, Second Floor of
Town Center 5:00 PM
PRESENT: Jaine Elkind Eney,Town Supervisor
Abby Katz, Councilwoman
Sabrina Fiddelman, Councilwoman
Jeffery L. King, Councilman
Robin Nichinsky, Councilwoman
ABSENT:
ALSO PRESENT: Allison May,Town Clerk
Meredith S. Robson,Town Administrator
Connie Green O'Donnell, Deputy Town Administrator
William Maker Jr.,Town Attorney
5:00 PM THE TOWN BOARD WORK SESSION
CALL TO ORDER
The Work Session of the Town Board was called to order by Supervisor Elkind Eney. Moved
by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman the Work Session
unanimously opened at 5:03 p.m.
WORK SESSION ITEMS
1. Discussion -Pace Comprehensive Plan
The Town's consultants presented an update on the Town's Comprehensive Plan.
This included a review of the feedback to date, as well as a draft timeline and next
steps. They reiterated that the Comprehensive Plan will be the goals, the policies, and
the actions, not the specifics. The essence of the Plan is to allow the Town of
Mamaroneck to be proactive. After the Plan is adopted after public hearing(s), to
make any changes to the goals, policies and actions after adoption, the Town Board
will have to approve amendments. The amendments would require a public hearing.
Some communities even adopt new chapters to their plans.
2. Discussion -Authorization of Intermunicipal Agreement(IMA)—Westchester
County Waverly Avenue Bridge Replacement
The Town Administrator introduced the Waverly Avenue Bridge Intermunicipal
Agreement(IMA)to the Town Board. The IMA provides for County funding of
$2,084,986 towards the Waverly Avenue Bridge Replacement project. The Town
Board had several questions about the IMA that they felt needed to be answered
before moving forward. The Town Board agreed to review again at the next Work
Session March first.
3. Discussion -Government Operations Climate Action Plan (GOCAP) Resolution
Town Supervisor Jaine Elkind Eney presented to the Town Board a resolution to
consider for the development of a government operations climate action plan at no
cost to the Town. The resolution was proposed by the Sustainability Collaborative, as
it will enable a member of the Collaborative to attend training on the Government
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February 15, 2023
Operations Climate Action Plan in order to further understand what it involves.
4. Discussion -Part-time, Seasonal and Part-time Availability-2023 Salary
Schedule
Town Administrator Robson introduced the salary schedule, noting it is prepared
annually. Town Administrator Robson explained the 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 appointment approvals from
the Town Board throughout the calendar year, provided their title is listed and the
salary falls within the range indicated of below. 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.
The Town Administrator added that she and Deputy Town Administrator Connie
Green O'Donnell recently completed an in-depth review with department heads of all
the current part-time actual salaries, to ensure they are consistent with "the going
rate"for similar work at other municipalities.As a matter of practice from now on, the
Town Administrator stated, the Town will review this schedule and budget for some
level of annual or bi-annual increases for these part-time positions on a regular and
consistent basis. This will allow the Town of Mamaroneck to remain competitive in a
very tight labor market.
5. Discussion -Resolution to Designate Laserfiche Images of W-2's to Be the
Official Town Record
The Town Clerk explained that as Records Management Officer for the Town, she is
responsible for maintaining Town records. To the extent that we are legally permitted
to either destroy or maintain in electronic format the documents,we should do so to
preserve filing space and to ensure that the records we keep can be more easily
accessed and maintained. By designating the Laserfiche copy of the W-2's to be the
official record of the Town, the Clerk's office can then begin destroying the copies of
the W-2 records found in other formats-- up to the past five years, in perpetuity. The
Board agreed to pass the resolution later in the evening.
6. Discussion -Single-Use Foodware-County Local Law
The Town Supervisor explained that three Mamaroneck High School students,would
be presenting later at the Regular Session to the Town Board the results of their effort
to promote a reduction of the amount of single-use plastic locally. The students are
requesting the Town Board pass a resolution supporting Westchester County's
Single-Use Foodware law, which is similar to the"Upon Request Only" policy, in order
to further their cause for legislation at the County and State levels.
7. Discussion -Police Uniform Cleaning Contract
The Town Administrator explained the need for a new police uniform cleaning
contract. After proper notice and solicitation, the Town received one bid from
Excelsior Cleaners of Larchmont. 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.
The agreement is for a 12-month period with an option for a second 12-month period
upon agreement of both parties. The Town Board agreed to pass the resolution later
in the evening.
8. Discussion -Proposed Resolution Revenue Bond Guarantee for Hommocks
Apartments
The Town Attorney William Maker Jr. presented the proposed standard agreement for
guaranteeing the Town of Mamaroneck Housing Authority (TMHA) bond.Attorney
Maker explained that the original lease agreement between the Town and the TMHA
stipulated that the Town would guarantee the bonds issued by the TMHA for the
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Town Board
February 15, 2023
original construction of the Hommocks Park Apartments. In 2015 when the 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 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 necessary improvements to the
Hommocks Park Apartments, including the replacement of the windows and entry
wood decks at the apartments.
9. Discussion -FFK Agreement for Funding of Engineering Study
The Town Supervisor Jaine Elkind Eney presented to the Town Board 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. These documents had all been discussed
during prior Work Sessions.
10. Discussion -Proposal to Expand the Permitting of Parking Lot C to Non-
Residents
The Town Clerk proposed making overnight parking permits in Parking Lot C
available to non-residents. Given the history of low usage of these permits by Town
residents, the Clerk thought that opening up access to non-residents may be mutually
beneficial to non-residents and the Town. The current resident rate for Lot C parkers
is$450. After a brief discussion, the Board suggest the potential fee for non-residents
be$525. The Town Board discussed the idea and agreed to review a resolution at the
next Town Board meeting.
11. Discussion -Appointment of the Town and Deputy Clerk's Designated Roles
The Town Clerk and Deputy roles were done on an annual basis to align with
appointment last year, so need to be repeated and will need to be retroactive to
January 1, 2023.
12. Request for Executive Session
Moved by Councilwoman Katz, seconded by Councilman King, the Town Board
agreed to enter into Executive Session to discuss the employment history of a
particular person or persons and the proposed acquisition,sale or lease of real
property.
Carried
Moved by Councilwoman Nichinsky,seconded by Councilman King, the Town
Board unanimously agreed to resume the Regular Meeting.
Carried
13. Request for Advice of Counsel
Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, the
Town Board agreed to enter into Advice of Counsel.
Carried
On motion of Councilwoman Fiddelman, seconded by Councilman King, the
Town Board ended their Advice of Counsel and agreed to resume the Regular
Meeting.
Carried
14. Additions to Regular Meeting Agenda
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The Town Board agreed to remove Affairs of the Town Item 1 - Intermunicipal
Agreement Westchester County Waverly Avenue Bridge Replacement, to be
reviewed again at the next Town Board meeting on March 1.
The Board also agreed to add Affairs of the Town Items 13, 14, 15--Appointments to
Boards and Commissions.
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
8:38 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 15, 2023, meeting of the Town Board of the Town of Mamaroneck.
The Town Board met today for a Work Session here at the Town Center in Conference
Room A starting at 5:00pm, which is open to the Public.
Just a reminder: 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.
On February 9,we all attended the WMOA dinner in Tarrytown. The topic was EMS
services. They discussed the national crisis involving issues such as staff recruitment and
retention, lack of access to grants and other sources of funding, and lack of access to
training opportunities.
There is proposed legislation in NYS (sponsored by State Senator Shelley Mayer and State
Assemblyman Steve Otis)that would define emergency medical services as essential
services (hard to believe they aren't)which would require that emergency medical services
be available to all residents throughout the state, extend access to benefits available to other
emergency services personnel (health care, retirement benefits), and develop plans and
standards for regional and statewide emergency medical service agencies, such as training
and accreditation. This is an important piece of legislation to ensure the continuity of our
EMS.
On February 10, I attended a Senior Services Fair hosted by the Town Recreation
Department at the Senior Center. It was an incredible success. There were so many people
there that the parking lot was full--they had to have the Seniors park at the Hommocks
Parking Lot and have a shuttle bus bring them back and forth. Various organizations that
provide services for Seniors were at this event. The groups had information tables allowing
the seniors to talk to them directly. The goal was to assist seniors in locating services they
need, or to learn about services they didn't know were available. The range of services
offered included transportation, elder advocacy, housing,financial, homecare, medical,
senior living options, caregiver support, and more. For more info call the senior center at
914-834-8840. Kudos to our recreation department.
On February 15, Deputy Supervisor Katz and I attended via zoom the Sustainable
Westchester annual meeting. It was very interesting to see all the work that they are going
and the incredible amount of programs they are sponsoring.
Tonight, in our work session we met with our comprehensive plan consultants from Pace
Land Use Law Center to get an update on the status of our Comprehensive Plan. We
reviewed the work plan and policy framework. We saw the draft Comprehensive Plan in its
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February 15, 2023
layout and discussed next steps to its adoption.
PUBLIC HEARING(S)
There was no Public Hearing on the agenda.
RESIDENT COMMENTS
Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board and
there was no one.
STAFF COMMENTS/PRESENTATIONS
1. Presentation by MHS OCRA Students on Single-Use Foodware
Three Mamaroneck High School students, Katie Loga, Larissa Bertini and Marion
Karp presented to the Town Board the results of their effort to promote a reduction of
the amount of single-use plastic locally. They recommended that the Town Board
pass a resolution supporting Westchester County's Single-Use Foodware law, which
is similar to the"Upon Request Only" policy they had described to Town Supervisor
Elkind Eney and Councilwoman Katz at last year's Earth Day celebration.
They started by reviewing their 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, they included a test of an "Upon Request Only" policy, wherein the
participating restaurants provided diners with cutlery, napkins, and condiment packets
at the diner's request. The test was successful not only for the restaurants, but the
diners also responded positively.
The students explained that after they had shared their results with the Town, they
were in touch with Westchester County Legislators Nancy Barr and Erika Pierce.
Legislators Barr and Pierce are co-sponsors, along with Catherine Parker and others,
of proposed legislation to implement a similar policy throughout Westchester. The
students referenced the draft of the Westchester County Single-Use Foodware Law
legislation, included in the Town Board's agenda packets. The students stressed that
because of the many benefits of this legislation that would flow to restaurants, dine-in
and take-out diners, and the environment, they are doing their part to ensure that this
legislation gets passed. County Legislators Barr and Pierce had informed the students
that any support for the legislation from municipalities within Westchester County
would be helpful to their efforts. In response, they drafted a proposed Town resolution
included in the agenda, that they hoped the Town Board would pass tonight. This
would effectively show the Town of Mamaroneck's support for this important
legislation.
The students added that they had 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. On March 6th, there is a
hearing at the County legislature which they will attend. The students were hopeful
that this legislation would lead to further positive environmental changes, perhaps
including no straws and no plastic cutlery at the Slapshot Cafe at the Hommocks Ice
Rink.
See Attachment A.
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 King the Board of Fire
Commissioners was unanimously declared open.
Present were the following Members of the Commission:
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February 15, 2023
Commissioner: Jaine Elkind Eney
Commissioner: Abby Katz
Commissioner: Sabrina Fiddelman
Commissioner: Jeffery L. King
Commissioner: Robin Nichinsky
Carried
2. Fire Claims
Moved by Commissioner King, seconded by Commissioner Katz, it was
RESOLVED, that this Board of Fire Commissioners does hereby authorize
payment of the Fire Department Claims in the amount of$5,510.15, as approved
by the Fire Chief and audited by the Comptroller's Office.
See Attachment B.
Carried
3. Length of Service Award Program (LOSAP) 50 points five years in a row to vest
in the program.
Certified by Mike Liverzani the Emergency Services Coordinator, the Commissioner
Elkind Eney presented the Board of Fire Commissioners 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 meeting
their obligation, there are an additional 22 past members vested in the program and 9
members collecting the retirement benefit.
4. Fire Report for the Month of January 2023
Commissioner Elkind Eney read the Fire Report for the Month of January 2023, the
first submitted by our new Chief Broderick, as follows:
ALARM TYPE INUMBER
Generals 22
Minors 23
Stills 5
Out of Town (Mutual Aid) 4
EMS 55
Drills 3
TOTAL 112
Total number of personnel responding: 450
Total time working: 45 hours and 39 minutes
See Attachment C.
5. Other Fire Department Business
There being no further business to come before the Fire Commission, on
motion of Commissioner King,seconded by Commissioner Katz, the
Commission unanimously adjourned, and the Town Board reconvened.
Carried
AFFAIRS OF THE TOWN OF MAMARONECK
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Town Board
February 15, 2023
1. Authorization -Government Operations Climate Action Plan (GOCAP)
Resolution
Moved by Councilwoman Nichinsky,seconded by Councilwoman Fiddelman, it
was
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.
Carried
2. Authorization -Part-time, Seasonal and Part-time Availability-2023 Salary
Schedule
Town Administrator Robson explained that the Part-time, Seasonal and Part-time
Availability Salary Schedule, as presented, reflects the 2023 salary ranges for the job
titles listed and have been adjusted to equal to market rates. The salary ranges
indicated have been updated and were used in formulating the 2023 Town Budget
that was adopted in December. Any proposed salary increase would be retroactive to
January 1, 2023. The Town Administrator added that we are training lifeguards, so
please visit our website for more information.
Moved by Councilwoman Fiddelman,seconded by Councilwoman Katz, it was
RESOLVED, that the Town Board hereby approves the Part-time, Seasonal and
Part-time Availability Salary Schedule for 2023, as presented.
Carried
3. Authorization -Resolution to Designate Laserfiche Documents of W-2's to Be
the Official Town Record
Town Clerk May explained there are numerous documents for which the Town Clerk
is responsible as Records Management Officer. To the extent that we are legally
permitted to either destroy or maintain in electronic format the documents, we should
do so to preserve filing space and to ensure that records can be more easily
accessed. Therefore, the Town Clerk recommends, as does the Town Administrator,
that the Board approve the following resolution so that the paper copies of W-2 may
be destroyed, of course with the exception of the most recent 5 years, in accordance
with the Official Compilation of Codes, Rules and Regulations of the State of New
York.
Moved by Councilwoman Fiddelman,seconded by Councilwoman Katz, it was
RESOLVED, that the Town Board does hereby declare of the W-2 Records
scanned images maintained in Laserfiche to be the official record of the Town
of Mamaroneck, and that the paper copies of the W-2 records(with the
exception of the past 5 years of W-2 records) found in other formats, including
paper, for the Town of Mamaroneck 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.
Carried
4. Authorization -Single-Use Foodware-County Local Law
Town Administrator Robson introduced the draft local law entitled "Single-Use
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Town Board
February 15, 2023
Foodware"which the Mamaroneck High School (MHS)"Students for Sustainable
Solutions"are requesting the Town Board support. (These are the same MHS
students on hand to present to the Town Board earlier in this meeting.)
Moved by Councilwoman Nichinsky,seconded by Councilwoman Fiddelman
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.
Carried
5. Award of Bid -Police Uniform Cleaning Contract
Town Administrator Robson explained that the Police Uniform Cleaning Contract was
bid, although falls below the bid requirement. The Administrator requested that the
Board consider the award to the sole bidder.
Moved by Councilwoman Nichinsky,seconded by Councilwoman Katz, it was
RESOLVED, that the Town Board hereby approve a 12-month agreement with
Excelsior Cleaners of Larchmont, NY for the provision of Police uniform
cleaning services effective February 16, 2023.
Carried
6. Authorization -Proposed Resolution Revenue Bond Guarantee for Hommocks
Apartments
Town Attorney William Maker explained the Mamaroneck Housing Authority requires
the Town of Mamaroneck as a guarantor for the repayment of their bonds. This has
been commonly done whenever the Housing Authority has had bonds issued.
Councilwoman Nichinsky noted that this bond money will be used to replace the
windows and deck. She added that the bids came in under cost, so$2.8 million is the
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February 15, 2023
high mark. Councilwoman Fiddelman pointed out that these are revenue bonds.
Moved by Councilwoman Nichinsky,seconded by Councilwoman Fiddelman, it
was
RESOLVED, that the Town Board hereby adopts the proposed resolution to
guarantee$2.8 million in revenue bonds for the Town of Mamaroneck Housing
Authority and hereby authorizes the Town Administrator to execute any related
documents necessary to carry out its implementation.
Carried
7. Authorization -FFK Agreement for Funding of Engineering Study
Town Supervisor Elkind Eney explained that Field for Kids (FFK) have approached
the Town to potentially build a turf field and a grass field at the Hommocks Fields. We
do not know if this project is feasible, so the first step is to complete an engineering
study to determine feasibility. FFK would fund the engineering feasibility study,
including a soil analysis and environmental impact study. The Supervisor added that
the agreement between the Town and FFK pursuant to how they will fund the study
and sets forth the parameters of what the Town may or may not allow if the project is
at all feasible.After the study, the Town Board will have another round of review to
determine what can and what will be put on the property.
Moved by Councilman King, seconded by Councilwoman Katz, it was
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.
Carried
8. Authorization -Appointment of Town Clerk and Deputy Designated Roles
Moved by Councilwoman Fiddelman,seconded by Councilwoman Nichinsky, it
was
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/T 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/T 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.
Carried
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9. Authorization -2022 Year End Capital Budget Amendments
The Town Administrator noted that some of the capital budget amendments had to do
with FEMA and other insurance proceeds that we have received. These are needed
to finalize the projects.
Moved by Councilwoman Katz, seconded by Councilman King, it was
RESOLVED, that the Town Board hereby authorizes the Town Comptroller to
make necessary capital budget amendments, as presented.
See Attachment D.
Carried
10. Authorization -2022 Year End Operating Budget Amendments
Moved by Councilman King, seconded by Councilwoman Katz, it was
RESOLVED, that the Town Board hereby authorizes the Town Comptroller to
make necessary operating budget amendments, as presented.
See Attachment E.
Carried
11. Authorization -2023 Capital Budget Amendments
Moved by Councilwoman Fiddelman,seconded by Councilwoman Katz, it was
RESOLVED, that the Town Board hereby authorizes the Town Comptroller to
make necessary budget amendments, as presented.
See Attachment F.
Carried
12. Appointments to Assessment Review Board
Moved by Councilwoman Fiddelman,seconded by Councilwoman Katz, it was
RESOLVED, that Ellen Lee be appointed as Member E of the Board of
Assessment Review, said term shall expire on September 30, 2027, and
BE/T FURTHER RESOLVED that Susan Batterton be appointed as Alternate 1 of
the Board of Assessment Review,said term shall expire on September 30, 2027.
Carried
13. Appointment to Recreation Commission and Coastal Zone Management
Commission
Moved by Councilman King, seconded by Councilwoman Katz, it was
RESOLVED, that Darren Moss be appointed as Member E of the Recreation
Commission,said term shall expire on December 31, 2025, and
BE/T FURTHER RESOLVED, that Colin Barrett be appointed as Member 5 of the
Coastal Zone Management Committee,said term shall expire on August 31,
2023.
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February 15, 2023
14. Settlement of Tax Certiorari -- Last minute addition to the agenda.
Town Attorney Maker explained that this property is the antique store around the
corner from the Larchmont Post Office. The owner is challenging the 2017, 2018 and
2019 assessments which currently are$620,000 for each year. The Town
commissioned a preliminary appraisal by RDM Valuations which indicated that the
assessments should be reduced to$540,000 for 2017 and to$550,000 for 2018 and
2019. The petitioner did their own workup showing Values between $455,000 and
$465,000. The Town Attorney rejected the petitioner's computations since those
Values were not derived by a professional appraiser. Eventually, the petitioner agreed
to accept RDM's Values.
Using an average tax rate of$.5217 per thousand dollars of assessed Value, by
agreeing to this settlement, the Town will refund approximately$115. Using an
average tax rate of$13.5604 per thousand dollars of assessed Value, the Town
Attorney calculates that if the Town Board agrees to this settlement, the School
District will refund approximately$2,985. The Board of Education already has agreed
to this settlement. The attorney for the Village of Larchmont is recommending this
settlement to the Village's Board of Trustees as well.
Moved by Councilwoman Fiddelman,seconded by Councilman King, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the tax
certiorari presented as follows with Peter Boehm:
2056 Boston Post Road
Section/Block/Lot:6-14-14
Town of Mamaroneck/Village of Larchmont
Year Assessment Reduction Resulting Assessment
2017 $620,000 $80,000 $540,000
2018 $620,000 $70,000 $550,000
2019 $620,000 $70,000 $550,000
Carried
REPORTS OF MINUTES
1. Report of Minutes for February 1, 2023
Moved by Councilwoman Katz, seconded by Councilman King, the Board
unanimously approved the minutes of February 1, 2023.
Carried
REPORTS OF THE COUNCIL
Councilwoman Katz
• Attended the Library Board meeting last week. The Larchmont Library is excited about
launching their new website and their new furniture in the basement. The Library
Board celebrated the success of a recent trivia contest that was sold out and
discussed the announcement of the Spelling Bee coming up in which our Town
Supervisor will be a judge.
• Announced there is a cell phone (robbery) ring at Trader Joe's in Connecticut, so
keep your bag closed and near you at all times while grocery shopping.
Councilwoman Fiddelman
• Attended the recent Board of Architectural Review meeting.
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February 15, 2023
• Attended the Larchmont Mamaroneck Local Summit on "The Impact of
Immigration/Refugees on Our Community: Dispelling the Myths"on February 7th, at
8am, via Zoom. The next Larchmont Mamaroneck Local Summit on "The State of Our
Local Communities: An Update from Our Municipal Leaders", on the 14th of March at
8am via Zoom. Please visit www.localsummitim.org for more information or visit LMC
Media to view the meetings.
Councilman King
• Participated in the Recreation Committee's January meeting.
• Enrollment for Town of Mamaroneck Summer Camps are rolling out soon.
• The Recreation Committee is looking to enhance their offerings, perhaps expanding
the communities pickleball access. Stay tuned for more information on the Town's
website.
Councilwoman Nichinsky
• Participated in the Sustainability Collaborative meeting on the 7th,where the
Collaborative always amazes with their numerous initiatives, including food scraps,
bike lanes, grant opportunities, etc.
• Attended the Local Summit,which included an interesting discussion about the impact
of immigrants in our community.
• Went to the recent Housing Authority meeting and tonight the Town Board approved
the resolution for a bond to complete the windows and deck work needed at the
Hommocks Apartments. The new management at the Hommocks Apartments was
excited to report to the Housing Authority that only 6 people attended their latest well-
advertised resident meeting, indicating that problems and issues are being addressed
more quickly and there are fewer complaints.
• Attended the WMOA and learned more about EMS workers and the need to
designate them as essential workers.
TOWN CLERK'S REPORT
The Town Clerk reminded everyone that it is New York State law that all dogs be licensed. A
Town of Mamaroneck dog license is your dog's ticket home if they are lost or stolen. Please
contact the Town Clerk's office for more information.
TOWN ATTORNEY'S REPORT
The Town Attorney noted that Spring training started today and now there are only 42 days
until opening day.
ADJOURNMENT
On motion of Councilwoman Katz,seconded by Councilman King, the meeting was
unanimously adjourned at 9:45pm.
Carried
Next Regularly Scheduled Meeting - March 1, 2023
Submitted by
Allison May, Town Clerk
Page 161 of 161