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HomeMy WebLinkAbout2023_03_15 Town Board Meeting PacketTown of Mamaroneck Town Board Agenda Wednesday, March 15, 2023 Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in Conference Room C located on the Ground Floor at the Town Center. CALL TO ORDER WORK SESSION ITEMS 1. Discussion - GovHR Compensation Plan 3 - 82 GovHR Compensation Plan - Pdf 2. Discussion - Governor Hochul's Affordable Housing Proposal 83 - 86 Governor Hochul's Affordable Housing Proposal - Pdf 3. Discussion - Public Housing Authority Resolution 87 - 89 Public Housing Authority Resolution - Pdf 4. Discussion - The Volunteer Firefighter and Volunteer Ambulance Worker Tax 90 - 100 Exemption Law The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law - Pdf 5. Discussion - Authorization of Supplemental Agreement #1 — NYSDOT Contract 101 - 118 D040017 Waverly Avenue Bridge Replacement Authorization of Supplemental Agreement #1 — NYSDOT Contract D040017 Waverly Avenue Bridge Replacement - Pdf 6. Request for Executive Session 7 Discussion - Local Law Prohibiting Smoking in Town Parks 119 - 123 Local Law Prohibiting Smoking in Town Parks - Pdf 8. Local Law Creating an Exemption from the Filmmaking Law 124 - 126 Local Law Creating an Exemption from the Filmmaking Law - Pdf 9. Updates 10. Additions to Regular Meeting Agenda 11. Discussion - REALM Presentation 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Courtroom Located on the second floor at the Town Center. The Public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org Page 1 of 187 CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire claims Fire claims - Pdf 3. Other Fire Department Business - Alarms AFFAIRS OF THE TOWN OF MAMARONECK 127 - 129 1. Authorization - Town Board Meeting Change 130 Town Board Meeting Change - Pdf 2. Authorization - Public Housing Authority Resolution 131 - 133 Public Housing Authority Resolution - Pdf 3. Set a Public Hearing - The Volunteer Firefighter and Volunteer Ambulance 134 - 144 Worker Tax Exemption Law The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law - Pdf 4. Authorization - Supplemental Agreement #1 — NYSDOT Contract D040017 145 - 162 Waverly Avenue Bridge Replacement Authorization of Supplemental Agreement #1 — NYSDOT Contract D040017 Waverly Avenue Bridge Replacement - Pdf 5. Authorization - Fields For Kids!, Inc. Agreement 163 - 170 Woodard & Curran Agreement - Pdf 6. 2023 Town & County Tax Warrant 171 - 174 2023 Town & County Tax Warrant - Pdf REPORTS OF MINUTES 1. Report of Minutes for March 1, 2023 Report of Minutes March 1, 2023 - Pdf REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT Next Regularly Scheduled Meeting - April 4, 2023 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. 175 - 187 Page 2 of 187 fll,lhr:]E 7 Ir;r, 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: GovHR Compensation Plan Date: March 2, 2023 As you know we have recently undergone a comprehensive compensation study by GovHR. On behalf of GovHR, Joellen Cademartori will present the organization's findings and recommendations derived from their study. This analysis was conducted to determine competitive salary rates for Non- Union/Management staff in relation to comparable communities predominantly within Westchester County and to provide a system for internal equity. The data demonstrated that approximately half of Non-Union/Management employees in the Town fall below the average rate for their position. For the Town to be competitive in the current market and ensure employee retention, I have developed a number of recommendations which I will discuss with you in the work session. There are both salary adjustments and potential changes to benefits that I will discuss with you. In my opinion, this has been a much needed project and will provide a solid system for compensation for our Non-Union/Management staff. Attachments: Mamaroneck NY DRAFT Final Report Combined 03.08.2023 Page 3 of 187 TOWN OF MAMARONECK NEW YORK Town of Mamaroneck, NY CLASSIFICATION AND COMPENSATION STUDY DRAFT FINAL REPORT March 2023 GovHR USA GOVTEMPS USA Page 4 of 187 Table of Contents I. INTRODUCTION 1 A. Scope of Work 1 Job Evaluation Analysis and Job Classification System 1 Salary and Benefit Survey 2 Draft and Final Report Preparation 2 II. EXECUTIVE SUMMARY 3 A. Internal Equity - Classification Plan Development 3 B. Job Title Changes 4 C. External Equity — Market Competitiveness 4 Salary Data 4 Proposed Classification and Compensation Plan 5 Future Administration of the Classification and Compensation Plan 5 III. JOB EVALUATION 5 IV. THE CLASSIFICATION PLAN 7 V. SALARY AND BENEFIT DATA 8 A. Selection of Comparable Jurisdictions for Data Purposes 8 B. Positions used for Survey Purposes 10 C. Salary Survey 10 D. Appraisal and Use of Salary Data 11 E. The Benefits Survey and Findings 12 VI. COMPENSATION PLAN DEVELOPMENT AND RECOMMENDATIONS 14 A. Development of the Compensation Plan 14 B. Compensation Plan Options for the Town's Consideration 15 Defined Increment Plan 15 Open Range Merit Plan 16 Blended Merit Plan 17 C. Recommendation: Open Range Merit Plan 17 D. Pay Philosophy 18 Proposed Compensation Plan and Structure 18 Implementation and Administration of the Compensation Plan 19 Page 5 of 187 Employee Advancement through the Ranges 20 E. Future Administration of the Compensation Plan 21 F. Future Administration of the Classification Plan 22 Appreciation 22 TABLES Table 1: Classification Plan Table 2: Comprehensive Table Table 3: Proposed Compensation Ranges APPENDICES Appendix A: Job Analysis Questionnaire Appendix B: Comparable Community Analysis Appendix C: Detailed Salary Survey Data Appendix D: Detailed Benefit Survey Data Page 23 Page 24 Page 25 Page 26 Page 34 Page 39 Page 64 Page 6 of 187 I. INTRODUCTION GovHR USA, LLC (GovHR) is pleased to have had the opportunity to work with the Town of Mamaroneck on this Classification and Compensation Study. Human resource management is a significant concern as governmental services continue to increase in cost and complexity, and the resources to fund local governments are constrained. Day-to-day operations present challenging administrative problems in planning, organizing, and directing human resource functions in order to achieve maximum efficiency and effectiveness in the delivery of municipal services. A properly developed and administered Classification and Compensation Plan forms the foundation for meeting these challenges. It helps to ensure that the Town can not only recruit the best and brightest employees but can also retain those employees, even in a competitive marketplace. By retaining qualified, experienced employees the Town avoids the costs of re -recruitments and lost productivity, while maximizing the benefits of the investments it has made in employees and the institutional and community knowledge acquired by those employees over their tenures. GovHR understands the high expectations that have been established in Mamaroneck for service delivery and competitiveness in recruiting and retaining excellent employees. These factors have been taken into consideration in the analysis and reflected in the Study results. A. Scope of Work The scope of work called for GovHR to carry out the following: Job Evaluation Analysis and Job Classification System Below is a list of tasks included in this component of the Study (listed in the order that the work was performed): • Study preparation and project meetings. Met with Town Administration to discuss Study methods and expectations, and to review the current Classification and Compensation Plan and organizational structure. Determined problem areas, answered questions, and reviewed the scope and schedule of work. • Material distribution. Prepared a memorandum of explanation, which was distributed to employees. Held meetings with employees to discuss the Job Analysis Questionnaire (JAQ) and to explain the scope and purpose of the Study. Employees were allowed about ten (10) days to complete the questionnaire. The completed questionnaires were then reviewed by each employee's Supervisor and/or Department Head and Town Administration. The JAQs were returned to GovHR within approximately three (3) weeks of distribution. GovHR USA, LLC Town of Mamaroneck, NY Page 1 Page 7 of 187 • Determined comparable communities and collected compensation data. GovHR, along with the Town, determined a logical survey sample of "like" communities that impact the compensation market of Mamaroneck. Then, GovHR designed and sent out the survey for the benchmark positions and benefits covered in the Study. There can be challenges to ensuring surveyed positions align. Therefore, the data was reviewed with the Town to ensure relevance of position matches. • Job Evaluation Analysis and Establishment of a Classification Plan. Upon return of the JAQs by the Town, GovHR performed the following: Read each JAQ and corresponding Job Description in its entirety. Conducted virtual interviews with at least one (1) employee in each position covered by the Study to further understand the scope of duties and responsibilities of the position. Applied a measurement system of Job Evaluation Factors to all positions, which formed the basis for internal rankings (equity) of positions. Upon completion of the Job Evaluation measurements, a new Classification Plan was developed. Salary and Benefit Survey The following tasks were included in this component of the Study: • Tabulated, summarized, and analyzed comparative compensation information obtained from the comparable communities. Prepared pay tabulations that compared the salary ranges of the Town of Mamaroneck to the salary ranges of its comparable communities. Prepared comparison calculations at the 50th 60th 65th 75th and 80th percentiles. Displayed data for each jurisdiction and for each position and summarized the data in table form. Based on discussions with the Town and the gathered data, developed salary ranges that would establish Mamaroneck as a payer at the 65th or 70th percentile of the salary data from the comparable communities. • Based on the above data, developed, and recommended new salary schedules and recommended new Job Titles for some positions. • Analyzed and summarized the benefit information. Draft and Final Report Preparation • A preliminary analysis of the data and recommended Classification and Compensation Plan was shared with the Town. Feedback from Town Administration was reviewed and incorporated into the recommendations. • This draft report has been prepared by GovHR and sent electronically to the Town. • A presentation of these draft findings will be conducted for the Town Board. • Once the presentation is made and review comments are returned by the Town a final report will be prepared and transmitted electronically. GovHR USA, LLC Town of Mamaroneck, NY Page 2 Page 8 of 187 II. EXECUTIVE SUMMARY A Classification and Compensation Study encompasses a significant amount of information that can be time consuming to condense and organize into an abbreviated format. Therefore, GovHR has compiled this Executive Summary in order to provide a quick synopsis regarding the major components, findings and recommendations of this Study. The purpose of a well -designed Classification and Compensation Study is twofold. First, it establishes internal equity (ranking) among employees across Departments in the Town. Second, it assures external equity/competitiveness by comparing the compensation of Mamaroneck employees against market data. A. Internal Equity - Classification Plan Development The Study developed a new Classification Plan for twenty-three (23) positions in the Town. To complete this task, the Consultant completed a Job Evaluation. The Job Evaluation included the completion of a questionnaire by all employees covered in the Study and interviews with at least one (1) employee working in each position covered by the Study (see Appendix A). Upon the completion of those tasks, the Consultants assigned a numerical value to each position so that like positions within the organization would be grouped together in a classification to produce an internal equity hierarchy. Nine (9) factors were used for the evaluation of Mamaroneck's positions: 1) Preparation and Training 2) Experience Required 3) Decision Making and Independent Judgment 4) Responsibility for Policy Development 5) Planning of Work 6) Contact with Others 7) Work of Others (Supervision Exercised) 8) Working Conditions 9) Use of Technology/Specialized Equipment The product of this internal ranking is shown in Table 1, which lists the Town's positions with their numerical Job Evaluation score, also known as a Classification Plan. The higher the Job Evaluation Score, the higher the position is within the Classification Plan. GovHR USA, LLC Town of Mamaroneck, NY Page 3 Page 9 of 187 B. Job Title Changes After conducting the Job Evaluation noted above, the Consultants observed some inconsistencies with the market and the actual duties assigned to some positions. Therefore, it is being recommended that the following positions be considered for updated job titles, depending upon Civil Service guidelines and regulations: Current Title Office Assistant — Police Department Secretary to Town Administrator C. External Equity — Market Competitiveness The next component of the Classification and Compensation Study involved establishing external competitiveness. A group of communities comparable to the Town was established. The Consultants started with New York communities with populations between 4,500 and 38,500 and with a median household income greater than $48,000. After that, a specific set of comparison criteria (e.g., equalized assessed valuation, general fund expenditures, full time employees, etc.) was applied to each community (see Appendix B). Based on the results of this analysis, fifteen (15) communities with a total compatibility score of sixty (60) or greater were deemed to be most comparable to the Town. The Town also requested the addition of Village of Briarcliffe Manor, Village of Bronxville, Village of Hastings -On -Hudson, and Village of Rye Brook list because they are near -by competitors in the market for talent. The full list of the nineteen (19) comparables communities is below: City of Rye Town of Bedford Town of Cortlandf Town of Eastchester Town of Harrison Town of Haverstraw Town of Mount Pleasant Town of New Castle Town of North Castle Town of Stony Point Village of Briarcliffe Manor Village of Bronxville Village of Croton -on -Hudson Village of Hastings -On -Hudson Village of Mamaroneck Village of Port Chester Village of Rye Brook Village of Scarsdale Village of Tarrytown Salary Data GovHR then prepared, and the Town distributed, a salary survey to the nineteen (19) comparable communities. All of the communities responded to the survey either by directly responding to the survey or supplying GovHR with a copy of their most recent Compensation Plan. GovHR USA, LLC Town of Mamaroneck, NY Page 4 Page 10 of 187 The salary summary results can be found in Table 2 and the detailed salary data can be found in Appendix C. To provide external competitiveness for the Town's salaries, the salary ranges derived from this data collection were used to help establish the proposed Compensation Plan. In all cases, there was not enough salary range data available, and actual salaries were used. The recommended pay ranges are contained within Table 3 of the report. Proposed Classification and Compensation Plan The goal of this Study was to recommend a Classification and Compensation Plan that is internally equitable and externally competitive. To accomplish this, a Compensation Plan was developed using the 65th and 70th percentile comparison of the salary data that was acquired through the salary survey. The resulting Classification and Compensation Plan consists of nine (9) pay grades; one (1) being lowest and nine (9) being highest and is broken down into the following four (4) bands: Grades 1— 3: Administrative and Technical Staff Grades 4 — 6: Supervisors and Advanced Technical Staff Grades 7 — 8: Directors and Senior Manager Grade 9: Town Administrator All proposed pay ranges are open ranges. There is an 5% gradation between Grades 1 — 6, and a 30% gradation between Grades 7 and 8. Grades 1 — 6 have a 35% range spread from minimum to maximum and Grades 7 — 9 have a 40% range spread from minimum to maximum. Future Administration of the Classification and Compensation Plan Within the body of this report, GovHR has outlined how the Town can maintain the Classification and Compensation Plan. GovHR will supply the Town with a User's Manual and all associated documents to maintain the Classification and Compensation Plan and the steps to ensure the Town remains competitive with the market in the years to come. III. JOB EVALUATION GovHR's approach to Job Evaluation involves a quantitative point and factor comparison method, which cross -compares all positions in the organization against numerous factors such as educational GovHR USA, LLC Town of Mamaroneck, NY Page 5 Page 11 of 187 requirements, experience, work conditions, etc. Therefore, all jobs in each organizational unit (e.g., Police, Administration, Finance, etc.) may be compared against each other, based upon the same factors. In conducting the Job Evaluation exercise, it must be emphasized that the position, and not the incumbent's qualifications, performance, or years of service in the position, is evaluated. An incumbent employee may feel he/she should be placed in a higher level (i.e., receive more points) because the individual performs well, has a long tenure with the organization, and/or has additional education or skills not required to perform that job, or may feel he/she does more tasks than a similar employee in another Department, but these are not valid determinants for a position. Before reviewing the results of the evaluation of the positions, it is important to note that the purpose of a Job Evaluation is to identify whether a job is more or less advanced than, or equal to, other jobs in the organization, based on nine (9) objective factors. While these factor definitions are guidelines, they are constructed to allow limited flexibility of interpretation while at the same time providing a strict framework and structure for comparison. The nine (9) factors used for the evaluation of Mamaroneck's positions are as follows: 1) Preparation and Training 2) Experience Required 3) Decision Making and Independent Judgment 4) Responsibility for Policy Development 5) Planning of Work 6) Contact with Others 7) Work of Others (Supervision Exercised) 8) Working Conditions 9) Use of Technology/Specialized Equipment As part of the Job Evaluation process, the duties, responsibilities, and qualification requirements for each position were reviewed via a thorough reading of the incumbent's current job description and a Job Analysis Questionnaire (JAQ) completed by each employee (Appendix A). In addition, GovHR conducted interviews with at least one (1) employee in each of the positions covered by the Study. Points were then assigned to each factor by selecting the description that best fit the appropriate level of compliance. In other words, a position that requires a master's degree would receive more points under the "Preparation GovHR USA, LLC Town of Mamaroneck, NY Page 6 Page 12 of 187 and Training" factor than positions that did not require this advanced degree. Points for each factor were then totaled for each position. Using this method, the positions were found to fall into distinguishable Job Factor Analysis (JFA) scores. Table 1 contains the Classification Plan, including the Position Title, the Proposed New Title (if applicable), the JFA Score, Skill Level and proposed Grade for the evaluated positions. As part of the service provided in the Compensation Study, GovHR makes Job Title change recommendations to either reflect a better description of the job being performed or to be consistent with trends in the organization or the marketplace. It is being recommended that the following positions be considered for updated job titles depending on Civil Service guidelines and regulations: Current Title Office Assistant — Police Department Secretary to Town Administrator IV. THE CLASSIFICATION PLAN A Classification Plan provides for a systematic arrangement of positions into classifications. A position, often referred to as a job (e.g., Office Assistant), contains a specific set of duties and responsibilities and that is the objective of the classification process — not the person currently holding that job. A classification is a grouping of positions which have similar levels of knowledge, skills and abilities needed to perform the job. The positions are also similar in nature of work, level of work difficulty and responsibilities. Positions allocated to the same classification are sufficiently similar with respect to the types of factors enumerated above to permit them to be compensated at the same general level of pay. The positions do not have to be identical, they can be in different departments, dealing with different subject matters and performing different duties. It is this arrangement of positions and resulting classification structure that forms the basis for the Classification Plan. As noted in the previous section, a Job Evaluation and Classification Plan is not intended to assess individual performance. To that end, a position that belongs in a certain classification is not entitled to be placed in a higher classification simply because the individual performs with a high degree of success and efficiency, nor is it placed in a lower classification simply because the incumbent performs with low competence or productivity. Variations in individual performance are not recognized by differences in classifications, instead they are management issues. Similarly, there is a tendency in GovHR USA, LLC Town of Mamaroneck, NY Page 7 Page 13 of 187 some work forces to use the Classification Plan to reward longevity, even though the duties and responsibilities of individual positions may not have changed over time. Longevity is not a classification factor and the Classification Plan should not be used in this manner. As an assessment of duties performed and of responsibilities exercised, a Classification Plan is an exceedingly useful managerial tool. It provides the fundamental rationale for the Compensation Plan and helps management identify positions which have taken on (or in some cases reduced) duties and responsibilities. Through proper maintenance of the Classification Plan, employees are assured of management's continuing concern about the nature of work that they carry out and its reward in the form of appropriate pay levels and relationships. The Classification Plan also provides the basis for recruitment, screening, and selection of employees in direct relationship to job content. Promotional ladders as well as opportunities for lateral career development are also evidenced by the logical grouping of allied occupational classifications and hierarchies. V. SALARY AND BENEFIT DATA The Town initiated this Study with the objective of assuring that its Compensation Plan is both internally equitable and externally competitive. The Job Evaluation System (outlined in Section III) is performed to address the issue of internal equity. To achieve external competitiveness, a market survey of comparable jurisdictions was conducted. The following explains the labor market review and collection of salary data. A. Selection of Comparable Jurisdictions for Data Purposes Selecting jurisdictions for the comparison group is an important element in a Classification and Compensation Study. When selecting jurisdictions to serve as comparables, it is important to use particular criteria to evaluate the other jurisdictions to assure that those chosen as comparables will be the most similar to Mamaroneck. To determine which municipalities should be used for survey purposes, GovHR first considered all New York communities with a population between 4,500 and 38,500, and with a per capita income greater than $48,000. GovHR USA, LLC Town of Mamaroneck, NY Page 8 Page 14 of 187 Criterion Total Possible Points 1. Full Value 15 2. Real Property Taxes and Assessments 15 3. Sales and Use Tax 10 4. State Aid 10 5. General Government Expenditures 15 6. Total Expenditures 15 7. Median Household Income 10 8. Population 10 100 The eight (8) categories listed above were selected to mirror important criteria that reflected the following: 1) Similar Financial Conditions: 75% of the criteria involved financial benchmarks. 2) Population: 25% of the criteria involved a population comparison. Within each of the eight (8) categories, ranges of compatibility were established. For example, the closer a community was to matching the Mamaroneck's estimated population, the closer the community would be to receiving the maximum of 10 (ten) points. A community whose population was significantly larger or smaller than Town's population would receive fewer or even zero (0) points. Thus, a municipality achieving a total of one hundred (100) points would be considered most comparable to the Town of Mamaroneck. A community with zero (0) points was therefore determined to be the least comparable to Mamaroneck. A more detailed explanation of the methodology used to determine the comparable communities is included in Appendix B. A cutoff of sixty (60) points was established to select the communities most similar to Mamaroneck across the eight (8) categories. After applying the eight (8) criteria, fifteen (15) communities achieved sixty (60) or more compatibility points on the comparison scale with Mamaroneck. The Town also requested the addition of Village of Briarcliffe Manor, Village of Bronxville, Village of Hastings -On -Hudson, and Village of Rye Brook list because they are near -by competitors in the market for talent. The full list of the nineteen (19) comparables communities is below: GovHR USA, LLC Town of Mamaroneck, NY Page 9 Page 15 of 187 City of Rye Town of Bedford Town of Cortlandt Town of Eastchester Town of Harrison Town of Haverstraw Town of Mount Pleasant Town of New Castle Town of North Castle Town of Stony Point Village of Briarcliffe Manor Village of Bronxville Village of Croton -on -Hudson Village of Hastings -On -Hudson Village of Mamaroneck Village of Port Chester Village of Rye Brook Village of Scarsdale Village of Tarrytown B. Positions used for Survey Purposes When developing the salary survey, it is important to select positions that are likely to have data available from the surveyed municipalities. The survey included all twenty-four (24) positions provided by the Town. Below is a list of all the surveyed positions: Town Administrator Deputy Town Administrator Assistant to the Town Administrator Secretary to the Town Administrator Confidential Secretary to the Town Supv Administrative Aide Office Assistant for Administration Information Technology Director Town Comptroller Town Assessor Police Chief Police Captain Office Assistant for Police Department Ambulance District Administrator Building Superintendent Building Inspector Town Engineer Environmental Coordinator General Highway Foreman Fleet Manager Superintendent of Recreation Assistant Superintendent of Recreation General Manager - Ice Rink Community Services Director C. Salary Survey After identifying the benchmark positions, the Consultants then prepared, and the Town distributed, a salary survey to the nineteen (19) comparable communities. All of the communities responded to the survey or supplied GovHR with a copy of their Compensation Plan/Union Contracts. Table 2 is a summary of the benchmark salary survey data. The detailed salary survey data for each position is contained in Appendix C. GovHR USA, LLC Town of Mamaroneck, NY Page 10 Page 16 of 187 It is important to make a few of observations regarding Table 2 and Appendix C. 1) The salary data is information that was available as of December 2022 —January 2023. The new recommended salary ranges for the Town were developed using this salary data from the comparable communities. 2) Some of the comparable municipalities provided salary range minimums and maximums for comparison purposes, while others (those that don't utilize salary ranges as part of their pay plans) provided actual salaries for surveyed positions. The actual salaries were analyzed to determine the 50th 60th 65th 75th and 80th percentiles to identify wage ranges for "average" and "above average" payers. While salary ranges are typically used as the gauge of market salaries, rather than an actual salary, there was not enough salary range data available for use. 3) The salary data collected for positions that have been reclassified may not be consistent with other salary data within the recommended Grade. 4) Data contained within Appendix C has been thoroughly reviewed by the Consultants, and in consultation with the Town. If it was determined that the data was not relevant, it was removed. D. Appraisal and Use of Salary Data While comparing Mamaroneck's current salaries to those paid by other employers in the comparable communities, it must be noted that variations in compensation may be due to several factors, including: 1) Organizational size and economic conditions can have an impact on positions. In smaller organizations, employees are often asked to "wear many hats" and therefore take on more duties and responsibilities than would normally be required of a certain position. In addition, the economic downturn forced organizations to "do more with less", compelling staff to take on more duties and responsibilities than they have in the past. Therefore, it becomes increasingly harder to compare "like" positions within organizations. 2) Some employers place a different relative worth on certain groups of employees. For example, some employers are forced to place a higher value on certain employees or groups of employees because of the market, and therefore, pay them more. Overall, the policies and value judgments GovHR USA, LLC Town of Mamaroneck, NY Page 11 Page 17 of 187 of different employers in compensating the same kind of work can vary widely. There is rarely a single prevailing rate for any particular kind of work, even within the same labor market. 3) It can be difficult to make exact comparisons among the different employers of the duties and responsibilities of ostensibly similar jobs. Nevertheless, comparative salary data is widely recognized as a good measure of the appropriate compensation rates with respect to the prevailing market. This data is also useful as an indication of prevailing opinions concerning the compensation relationships that should exist among different classifications of work. Of equal importance, however, are the internal relationships for the various positions that were accomplished in the Job Evaluation portion of this Study. E. The Benefits Survey and Findings The benefits portion of the survey collected data related to selected benefits. A review of the benefits offered in Mamaroneck versus the comparable communities shows that the Town's benefits are competitive with the other entities surveyed. However, there are some differences that are noted below: Health Insurance Premiums and Buyout: The municipalities that participated in the survey paid between 75 — 90% of the premium for employee - only and family health insurance coverage. Overall, the average percentage of premium paid by the employer for employee -only coverage is 85.6%, and 84.5% for family coverage. This is consistent with the percentages paid by Mamaroneck. In addition, all the municipalities indicated that they provide health insurance to retirees if they meet a years of service threshold. Most of the municipalities also offered an insurance buy-out option for employees who choose not to take insurance. Buyout amounts ranged from flat dollar amounts (for example $2,000) to a percentage of the annual premium (for example 25% of the annual premium). Dental and Vision Insurance: While a few municipalities paid a lower percentage, most of those surveyed indicated that they cover 100% of the cost for both employee -only and family dental and vision insurance. Again, this is consistent with the 100% paid by Mamaroneck. Only four (4) of the communities indicated that they offer and GovHR USA, LLC Town of Mamaroneck, NY Page 12 Page 18 of 187 contribute towards dental insurance for retirees. In addition, only two (2) communities indicated that they offer and contribute towards vision insurance for retirees. Life Insurance: Ten (10) of the communities indicated that they provided a 100% employer -paid life insurance option. The value of that option varies by community, from $10,000 up to $50,000. Only two (2) communities indicated that they offered a retiree life insurance option. Mamaroneck provides a $10,000 employer - paid option and a $5,000 retiree option. Deferred Compensation: Most respondents indicated that employees may participate in the NYS deferred compensation program, as is provided to the employees of Mamaroneck also. Paid Time Off: The average number of sick days provided by the responding municipalities is 13.3 days per year. Mamaroneck provides 12 days per year. Most of the municipalities also allowed for sick days to be carried over and accumulated from one year to the next, with the maximum accumulation amounts varying from 197 days to an unlimited accrual. Also, most municipalities provided a sick time payout upon retirement or separation. Eight (8) municipalities stated that they offered some type of sick time incentive, for employees who use less that a certain number of sick days per year. The average number of personal days provided is 4.8. With personal days, Mamaroneck is more generous by providing an unlimited personal days benefit. The average holiday days provided per year is 13.4, which is consistent with Mamaroneck providing 13.5 holidays per year. For comparison purposes, vacation time was broken down into the following milestones: 0-5 Years of Service; 6-10 Years of Service; 11-15 Years of Service; 16-20 Years of Service; and 21+ Years of Service. Mamaroneck provides vacation benefits which are consistent with the averages for all milestone years of service, if not slightly higher. Vacation payout practices varied; however, five (5) municipalities provided a payout of unused vacation time upon separation. GovHR USA, LLC Town of Mamaroneck, NY Page 13 Page 19 of 187 Other Special Compensation Practices and Benefits: The survey asked for information regarding payment of stipends and longevity pay. Six (6) of the communities offered some type of stipend based on a special technical skill or job responsibility (for example emergency operation center or night and weekend work). Most municipalities pay longevity and amounts vary based on years of services and non -union or union classification. Vehicle use and vehicle incentives are also common in other communities. Again, the amount paid varies from the ability to take home a vehicle, up to a $6,000 annual stipend. Also, the majority of municipalities provide certain positions (for example Village Engineer or Building Inspector) with access to a vehicle as related to their job responsibilities. Finally, in the survey, very few of the respondents indicated that they offered short-term and long-term disability benefits. Also, no other municipalities indicated any sort of gym or health club membership benefit. Appendix D contains tables summarizing the detailed data related to the benefits survey. VI. COMPENSATION PLAN DEVELOPMENT AND RECOMMENDATIONS A. Development of the Compensation Plan A basic element in any human resources management program is adequate and equitable employee compensation. A Compensation Plan of this nature is essential if qualified employees are to be recruited and retained. To achieve this goal, there must be a reasonable and widely accepted model of Job Factors upon which the Compensation Plan rests. Application of this model was the purpose of the Job Evaluation aspect of this Study. The Plan presented in this report is designed to accomplish the Study goals by: 1) Providing for equal compensation for work of equivalent job content and responsibility. 2) Facilitating adjustments to compensation levels based on changing economic and employment conditions that impact these interrelationships. 3) Establishing compensation ranges that compare favorably with those of other equivalent jurisdictions within the appropriate labor market. GovHR USA, LLC Town of Mamaroneck, NY Page 14 Page 20 of 187 In preparing this Plan, the Study only looked at base compensation. The compensation associated with longevity or other fringe benefits was not analyzed or factored into the Compensation Plan. B. Compensation Plan Options for the Town's Consideration One of the purposes of this Study was to provide an updated Compensation Plan that relates to the external market and is internally equitable. Below is a detailed explanation of three (3) different Compensation Plans: 1) Defined Increment Plan: This is a Compensation Plan that has salary ranges with a minimum and a maximum with defined percentage increments (e.g., 3%) in between. If an employee has a satisfactory performance evaluation, he/she systematically advances through the compensation range. The performance evaluation and resulting salary increment increase occurs annually. 2) Open Range Merit Plan: This is a Compensation Plan that also has salary ranges with minimums and maximums, but without defined percentage increments in between. Employees are advanced through the compensation range based on an annual satisfactory performance evaluation, with the percentage of their increase determined annually by Town Administration. 3) Blended Merit Plan: This is a Compensation Plan that uses techniques from both a Defined Increment Plan and an Open Range Merit Plan. In considering which Plan to use, it is important to understand that employees at various levels of responsibility may react differently toward, and be motivated differently by, the Compensation Plan they work under. Management personnel that are goal -oriented may have a higher acceptance of the Open Range Merit Plan, and thus tend to be more comfortable with this method of compensation. Mid to lower -level positions may want the assurance of a defined salary increase based on satisfactory performance. Possible advantages and disadvantages of each Plan are summarized below. Defined Increment Plan Advantages Town: A Defined Increment Plan has the advantage of creating financial predictability because it is easier for management to predict and plan for salary increases on an annual basis. Employees: Employees like a Defined Increment Plan because it offers security and predictability for advancement through the range. Another advantage of this Plan is that it offers a high degree of GovHR USA, LLC Town of Mamaroneck, NY Page 15 Page 21 of 187 internal equity and fairness — the expectation that fellow workers in this Plan are all being treated the same. Disadvantages Town: The Town may feel that a Defined Increment Plan simply rewards compensation increases on a routine basis. However, by tying the increase to a satisfactory performance evaluation, the Town can be assured that only employees with acceptable performance will receive a salary increase. Employees: Employees may feel unmotivated to perform at an above average or at a superior level, knowing their salary increase amount is pre -determined. One way to remove this negative notion is to allow an employee with a superior performance evaluation to get a two (2) increment increase. This, however, would be the exception and not the rule. Most employees would be considered "average" performers and receive a one (1) increment increase. Open Range Merit Plan Advantages Town: The Open Range Merit Plan tends to motivate employees to perform at a higher level, thereby achieving greater production/benefit for the Town. This Plan also enables the supervising authority to reward high -performing employees with a salary increase greater than a defined increment. Employees: Employees who are high performers like working under this Plan as they can earn a higher percentage salary increase. Disadvantages Town: Anticipating the cost of merit increases has less financial predictability, as it is not always possible to know how many employees will be high performers in any given year. However, the Town can fund a "merit increase pool" for all Open Range Merit Plan employees to receive an average percentage (i.e., a 2-3% increase), knowing that some employees will receive less (or no) increase and some employees will earn more. Employees: An Open Range Merit Plan can create a perceived inequity regarding how individuals are granted salary increases. It is incumbent upon management to use an equitable performance evaluation system when implementing this Plan. It is also incumbent on management to ensure that the performance evaluation system is applied fairly and that supervisors receive appropriate training on conducting the evaluation and using the evaluation tool properly. GovHR USA, LLC Town of Mamaroneck, NY Page 16 Page 22 of 187 Blended Merit Plan There are positives and negatives for both Defined Increment and Open Range Merit Plans. However, it is also possible to design a pragmatic salary system that uses elements of both Defined Increment and Open Range Merit Plans. It is becoming increasingly common for organizations to have a Blended Merit Plan for various levels of positions that reflects the particular circumstances and culture of the organization. A Plan of this type is customizable to the needs of the organization. It is also the preferred Plan for organizations that are transitioning from a Defined Increment Plan to an Open Range Merit Plan. The following is one example of a Blended Merit Plan: Exempt: All exempt employees are in an Open Range Merit Plan. Non-exempt: Non-exempt employees are in a Blended Merit Plan. In this Plan, salary ranges begin at the minimum with, for example, three (3) defined increments and then transition into an open range. The initial increment of the assigned range is intended as the normal hiring/promoting rate. Increments two (2) and three (3) would be awarded upon successful completion of the employee's initial evaluation period and/or after another period that is set by the Town (e.g., increment two (2) after the initial evaluation and increment three (3) after an additional year of employment.) After that, the employee may advance through the open range as a result of a successful performance evaluation. C. Recommendation: Open Range Merit Plan GovHR is recommending that the Town adopt an Open Range Merit Plan. An Open Range Merit Plan has salary ranges with minimums and maximums, but without defined percentage increments in between. Employees are advanced through the ranges based on an annual satisfactory performance evaluation, with the percentage of their increase determined by their supervisor and Town Administration. The Open Range Merit Plan also allows maximum flexibility for the Town relative to recruitment and funding as employees can be hired within the range and the increases provided annually for meritorious performance can fluctuate based on available funding. Given Mamaroneck's goal to recruit, reward and retain motivated, high -performing employees, the Open Range Merit Plan has been selected for recommendation. GovHR USA, LLC Town of Mamaroneck, NY Page 17 Page 23 of 187 D. Pay Philosophy An important component in the process of developing a Compensation Plan is understanding and applying the pay philosophy of the Town. In Mamaroneck, the Town subscribes to a pay philosophy of compensation employees at a rate at the 65th or 70th percentile. Proposed Compensation Plan and Structure The next step in this process is to combine the JFA scores included in Tables 1 and 2 with the proposed salary ranges in Table 3. The Classification and Compensation Plan consists of nine (9) pay grades; one (1) being lowest and nine (9) being highest and is broken down into the following four (4) bands: Grades 1— 3: Administrative and Technical Staff Grades 4 — 6: Supervisors and Advanced Technical Staff Grades 7 — 8: Directors and Senior Manager Grade 9: Town Administrator All proposed pay ranges are open ranges. There is an 5% gradation between Grades 1 — 6, and a 30% gradation between Grades 7 and 8. Grades 1 — 6 have a 35% range spread from minimum to maximum and Grades 7 — 9 have a 40% range spread from minimum to maximum. Note 1: Different compensation grades may have different ranges from minimum to maximum compensation. It is appropriate for the lower grades in a Compensation Plan to have a smaller spread from minimum to maximum as it is likely that new employees would start at the minimum compensation of the range. Conversely, it is more likely that more experienced employees or Department Head level employees may be hired at a rate above the minimum compensation of a range, thus it is necessary to have a greater spread from minimum to maximum compensation. Note 2: Gradation refers to the relationship between the minimum compensation of one grade to the minimum compensation of the next grade. In this case, the starting compensation for employees in Grade 2 is 5% higher than Grade 1 and so on. The gradation will vary depending upon the relationship between the salary data for the grade, the number of grades in the compensation band and the established compensation range. GovHR USA, LLC Town of Mamaroneck, NY Page 18 Page 24 of 187 Table 2 combines all of the classification and compensation data at the 65th and 70th percentile. Implementation and Administration of the Compensation Plan Implementation of the Compensation Plan, as it affects individual employees, should be under the following pattern of adjustments: 1) Employees whose present compensation is below the minimum compensation of the range for their classification should be raised to the minimum of the range. 2) The compensation of employees whose present compensation is within the range for their classification should be slotted into the new Compensation Plan at their current pay rate. 3) The compensation of employees whose present compensation is above the maximum compensation of the range should be held at their present rate, without a reduction in compensation, until such time that further market analysis indicates commensurate alignment with the marketplace. However, the Town can consider lump sum increases for these employees, which does not impact base compensation levels, until the ranges adjust to include the individual employee compensation rates. In other studies, GovHR has been asked for ideas on how to address the situation of long-term employees whose current compensation falls near the bottom (within 5 - 10%) of the proposed range. If this occurs, it illustrates that the position has been compensated at less than the market rate for someone with similar tenure. Thus, some communities elect to make additional adjustments for those employees at implementation. This program is discretionary for the Town to adopt and only occurs one time, at the implementation of the new Classification and Compensation Plan. If the Town wishes to consider such a program, an example is illustrated below: Service Adjustment 1 - 3 Years 0% Over 3 and up to 8 Years 1% Over 8 and up to 15 Years 2% Over 15 Years 3% GovHR USA, LLC Town of Mamaroneck, NY Page 19 Page 25 of 187 Employee Advancement through the Ranges To implement the new Compensation Plan, GovHR recommends that the starting salary of the range (minimum) is the normal hiring/promoting rate. Exceptions to this starting point should be limited to hiring situations involving: 1) Applicants with exceptional background and qualifications. 2) A promotion in which the employee's current compensation is higher than the minimum of the new range. 3) In the case of a labor market situation where it is impossible to recruit qualified candidates at the minimum. In these cases, employees may be appointed to their positions anywhere within the defined range (generally up to the midpoint), depending on their experience and qualifications, and based on the provisions of the Town's policies (if applicable). Employees should not be hired below the minimum of their compensation range. Salary advancement between the hiring rate and the top of the range (maximum) is done throughout the employee's tenure with the organization. Advancement through the range would be done on an annual basis and be dependent on a satisfactory performance evaluation. Incumbents progressing through the range should understand that standards of performance would become more exacting or controlling as compensation levels advance. Typical movement through the range could be in increments of 1% to 3%, depending on the employee's performance evaluation and goal attainment, as well as the financial resources of the Town. The Town may also wish to provide a merit bonus for exemplary performance after an employee reaches the maximum compensation for the range. If this option is exercised, then an employee would be eligible to receive a payment after a successful performance evaluation each year. This payment should not be worked into the base salary. It can be in the form of a lump sum payment that is a set amount calculated each year and the same for all employees, such as $500 for meeting expectations and $1,000 for exceeding expectations. Another option is to calculate a percentage of the employee's base compensation and provide a lump sum payment equivalent to that amount, such as 1% for meeting expectations and 2% for exceeding expectations. GovHR USA, LLC Town of Mamaroneck, NY Page 20 Page 26 of 187 It is recommended that the Town set aside a "merit pool" every year, to fund increases for employees in this Plan. This money would then serve as the pool for merit payments, knowing that some employees will be high performers, getting a higher percentage, and some employees will be lower performers, getting a lower percentage. Again, it should also be noted that the implementation and use of a formal performance evaluation process for all staff members is a key component to the success of this Plan. Equally, if not more important, is that supervisors are adequately trained to perform the formal performance evaluation process. E. Future Administration of the Compensation Plan To maintain competitive salary levels there should be an annual review of the Town's salary ranges. The nineteen (19) communities used in the survey group for this Study have been determined to be comparable jurisdictions to the Town. Therefore, Mamaroneck can continue to use these jurisdictions as a comparable salary survey group for annual salary comparison purposes, until it is determined that they are no longer valid comparables. As mentioned earlier, the salary levels for these comparables are current as of December 2022 — January 2023. It is GovHR's recommendation that an annual survey of these communities be conducted to determine the percentage increase each organization in the comparable group is granting, either as an annual across-the-board increase to their employees or as a general adjustment to their compensation ranges. The Town may wish to provide an across-the-board increase to all employees based on the information received from the comparable communities. If this is the case, then the increases would be granted separately from any merit increase that would be awarded as a result of a successful performance evaluation. It is the further recommendation of GovHR that the compensation ranges for each grade be increased by the average percentage increase of the comparable group, even if an across-the-board increase is not given to all employees. Employees would continue to advance through the compensation ranges (provided that the employee is not at the maximum of the compensation range) by virtue of a merit increase granted for satisfactory or above satisfactory performance of their job duties. Finally, it is recommended that the Town review the compatibility of the municipalities after five (5) years. GovHR USA, LLC Town of Mamaroneck, NY Page 21 Page 27 of 187 F. Future Administration of the Classification Plan The administration of a Classification Plan is an ongoing process. It must be recognized that it is not static and is not intended to affix positions permanently into classifications. Instead, the Plan must be administered continually to adapt it to changing conditions. Three (3) specific types of changes in the Plan itself are possible: abolition of a position, creation of a position, or a revision of a position. 1) When a position in a classification is eliminated or when a position has significantly changed work duties and responsibilities to the extent that the position becomes inappropriate or inaccurate, the position should be abolished. 2) New positions should be created when new work situations arise that are not covered by the established positions. However, caution should be exercised in this respect, particularly to assure that new positions are justified, are not merely duplicating established positions, cannot be accommodated through changes in existing positions, and reflect substantially permanent rather than temporary situations. 3) The adjustment or revision of a position should be done when there are substantial changes to the requirements of the position or to the nature and complexities of the duties being performed. In this instance, a position may need to be re -scored and move up or down into a new classification. All changes should be thoroughly evaluated for their effect on employee morale and the integrity of the classification relationships established in the Classification and Compensation Plan. Town Administration has been provided with the Job Analysis Questionnaire as well as the Job Factor Scoring Sheet, enabling the Town to grade a newly created or revised position. GovHR provides scoring assistance in such cases free of charge for one (1) year after the delivery of this report. Appreciation GovHR has appreciated the opportunity to work with the Town of Mamaroneck on this Classification and Compensation Study. A special thank you to the employees for all of the information provided to allow for the analysis and to the Town Administration for the significant amount of work and support dedicated to the project. GovHR USA, LLC Town of Mamaroneck, NY Page 22 Page 28 of 187 Town of Mamaroneck, NY Table 1- Classification Plan Current Job Title Recommended Job Title Change: Grade Total Score Skill Level Directors and Senior Managers Town Administrator Police Chief Town Engineer Town Comptroller General Highway Foreman Police Captain Superintendent of Recreation Ambulance District Administrator IT Director Assessor Fleet Manager Building Inspector Deputy Town Administrator Community Services/Section 8 Director Superintendent of Buildings 9 835 775+ 8 755 720-770 755 50 pts 720 7 715 665-715 710 50 pts 710 700 700 695 690 690 685 680 680 Supervisors and Advanced Technical Assist Superintendent of Recreation General Manager - Ice Rink Asst. to Town Administrator Environmental Coordinator No Positions in Grade 6 620 610-660 50 pts 5 590 555-605 585 50 pts 580 4 500-550 50 pts Administrative and Technical No Positions in Grade Conf. Sec. & Sustainability Coord. 3 445-495 50pts 2 425 390-440 Office Assistant - Police Department Admin Assistant to Chief of Police 405 50pts Administrative Aide Secretary to Town Administrator Admin Assist to Town Administrator 1 385 Up to 385 365 GovHR USA, LLC Town of Mamaroneck, NY Pad 29 of 187 Town of Mamaroneck, NY Table 2 - Comprehensive Table Job Title Tota New Grade SkiII Level 65th Percentile Salary Survey Data 70th Percentile Salary Survey Data Current Salary Town Administrator Proposed Salary Range 65th Percentile Proposed Salary Range 70th Percentile Town Administrator 835 9 775+ 195,954 239,499 196,870 240,618 214,725 167,500 234,500 170,000 238,000 Directors and Senior Mana:ers Police Chief Town Engineer Town Comptroller General Highway Foreman Police Captain Superintendent of Recreation Ambulance District Administrator* IT Director Assessor Fleet Manager Building Inspector Deputy Town Administrator Community Svcs/Section 8 Director* Superintendent of Buildings 755 8 720-770 178,908 238,544 183,653 244,870 755 50 pts 158,171 210,895 158,893 211,858 720 148,871 181,953 150,491 183,933 161,983 210,464 164,346 213,554 111,264 148,352 _ 112,736 150,314 165,116 220,155 166,555 222,073 115,945 154,593 116,434 15 5, 246 Average: 715 7 665-715 710 50 pts 710 700 700 695 690 690 685 118,668 158,224 120,317 160,423 126,576 168,769 128,425 171,233 89,095 118,793 89,538 119,384 123,322 164,429 123,612 164,816 123,687 164,916 125,037 166,716 680 680 108,364 144,486 112,112 149,483 120,226 160,302 121,641 162,188 Average: 186,095 149,500 160,000 174,892 119,633 154,471 125,704 116,800 129,868 120,505 123,699 147,347 128,759 114,520 209,300 115,000 161,000 150,800 211,120 116,000 162,400 Su.ervisors and Advanced Technical Assist Superintendent of Recreation General Manager - Ice Rink* Assist to Town Administrator Environmental Coordinator* No Positions in Grade 620 6 610-660 50 pts 92,683 123,577 95,416 127,221 100,559 590 5 555-605 107,000 585 50 pts 67,338 89,784 70,143 93,524 81,800 580 88,219 4 500-550 50 pts 82,688 111,628 85,995 116,093 78,750 106,313 81,900 110,565 75,000 101,250 78,000 105,300 Administrative and Technical No Positions in Grade Conf. Sec. & Sustainability Coord. Office Assistant - Police Department Administrative Aide Secretary to Town Administrator *Not enough data available L81, 40 0£ abed GovHR USA, LLC 3 445-495 50pts 425 2 390-440 74,998 99,997 77,017 102,689 405 50pts 67,688 90,251 67,842 90,456 Average: 71,343 95,124 72,430 96,573 385 1 Up to 385 68,397 91,195 69,541 92,721 365 76,589 102,118 77,056 102,741 Average: 72,493 96,657 73,298 97,731 73,007 70,560 95,256 73,868 99,721 67,200 90,720 70,350 94,973 59,719 62,000 64,000 86,400 67,000 90,450 54,193 Town of Mamaroneck, NY Page 24 Town of Mamaroneck, NY Table 3 - Proposed Pay Ranges 65th Percentile - Proposed Pay Ranges Administrative and Technical 5% Between Each Grade and a 35% Range Spread Minimum Maximum S 0 e.e. 1 2 3 64,000 67,200 70,560 86,400 90,720 95,256 Supervisors and Advanced Technical 5% Between Each Grade and a 35% Range Spread Minimum Maximum 4 5 6 75,000 78,750 82,688 101,250 106,313 111,628 Directors and Senior Managers 30% Between Each Grade and a 40% Range Spread Minimum Maximum 7 8 115,000 149,500 161,000 209,300 Town Administrator 40% Range Spread Minimum Maximum 9 167,500 234,500 70th Percentile - Proposed Pay Ranges Administrative and Technical 5% Between Each Grade and a 35% Range Spread Minimum Maximum GovHR USA, LLC Town of Mamaroneck, NY 1 2 3 67,000 70,350 73,868 90,450 94,973 99,721 Supervisors and Advanced Technical 5% Between Each Grade and a 35% Range Spread Minimum Maximum 4 5 6 78,000 81,900 85,995 105,300 110,565 116,093 Directors and Senior Managers 30% Between Each Grade and a 40% Range Spread Minimum Maximum 7 8 116,000 150,800 162,400 211,120 Town Administrator 40% Range Spread Minimum Maximum 9 170,000 238,000 Page 25 GovHR USA, LLC Town of Mamaroneck, NY Pggg 32 of 187 GovHR USA GOVTEMPS USA EMPLOYEE JOB ANALYSIS QUESTIONNAIRE (JAQ) Town of Mamaroneck, New York NAME: DATE: YEARS OF EXPERIENCE WITH EMPLOYER: JOB TITLE: YEARS OF EXPERIENCE ON THIS JOB: YOUR JOB IS: FULL TIME ❑ PART TIME ❑ YOUR YEARS OF EXPERIENCE IN THIS FIELD: YOUR EDUCATION: High Sch. ❑Assoc. Deg. ❑Bach. Deg. ❑Mas. Deg. NAME OF IMMEDIATE SUPERVISOR: HIS/HER TITLE: INSTRUCTIONS The purpose of this questionnaire is to obtain additional information about your job that may not be included in your current job description. Please answer each question thoughtfully and frankly. After you have finished your portion of the questionnaire, give it to your immediate supervisor, who will complete his/her section. General Summary: In three or four sentences, please summarize the major purpose or primary function of your job. Please indicate if you have reviewed your current job description. If you have any changes to your current job description, please mark them on the JD and attach it to this JAQ, or indicate changes here: If you do not have a job description available to review, please list your job duties. Try to place your duties in order of importance and group "like" tasks together (e.g., "clerical duties including word processing, opening mail, filing, etc." or "front desk responsibilities including greeting visitors, answering telephones and routing calls, etc."). Job duties: 1. 2. 3. 4. 5. 6. 7. 8. GovHR USA, LLC Town of Mamaroneck, NY Peg'' 33 of 187 9. 10. 11. 12. 13. 14. 15. Feel free to add more numbers/duties if necessary. FACTOR 1. Education & Training: In your opinion, what kind of education and training is necessary to perform your job? ❑ LEVEL 1: Level of knowledge that is below what is normally attained through high school graduation. ❑ LEVEL 2: High school diploma (GED) or equivalent. ❑ LEVEL 3: High school, plus elementary technical training, acquired on the job or through one year or less of technical or business school. ❑ LEVEL 4: Extensive technical or specialized training such as would be acquired by an Associate's Degree or two years of technical or business school. ❑ LEVEL 5: Completion of four-year college degree program. ❑ LEVEL 6: Additional professional level of education beyond a four-year college program, such as a CPA or Professional Engineer (P.E.) training. ❑ LEVEL 7: Completion of graduate coursework equal to a Master's Degree or higher. What specific degree/coursework is NECESSARY? What specific degree/coursework is PREFERRED? If a specific certificate or license is mandated by an outside agency to perform your duties, name the certificate or license: What special skills, knowledge, and abilities are required to perform your job? Please list: FACTOR 2. Years of Experience: How much previous work experience do you feel is necessary to perform your job? LEVEL 1: LEVEL 2: LEVEL 3: LEVEL 4: LEVEL 5: n Less Than 1 Year ❑ 1 to 3 Years ❑ 4 to 6 Years ❑ 7 to 10 Years n More than 10 Years What is the minimum number of years required? What specific experience is necessary? GovHR USA, LLC Town of Mamaroneck, NY Peg'$ 34 of 187 FACTOR 3. Independent Judgment and Decision Making Part 1: How much discretion do you have in making decisions with or without the input or direction of your supervisor? ❑ LITTLE: Little discretion or independent judgment exercised. ❑ SOME: Some discretion or judgment exercised, but supervisor is normally available. ❑ OFTEN: Job often requires making decisions in absence of specific policies and/or guidance from supervisors, but some direct guidance is received from supervisors. ❑ HIGH: High level of discretion with decisions restricted only by Departmental policies and little direct guidance from supervisors. n VERY HIGH: Very high level of discretion with decisions only restricted by the broadest policies of the Organization. Part 2: If you make an erroneous decision, what impact would this decision have on your work unit, department, and/or the Organization? ❑ MINOR: Some inconvenience and delays but minor costs in terms of time, money, or public/employee good will. ❑ MODERATE: Moderate costs in time, money, or public/employee good will would be incurred. Delays in important projects/schedules likely. ❑ SERIOUS: Important goals would not be achieved and the financial, employee, or public relations posture of the Organization would be seriously affected. ❑ CRITICAL: Critical goals and objectives of the Organization would be adversely and very seriously affected. Error could likely result in critical financial loss, property damage, or bodily harm/loss of life. FACTOR 4. Responsibility for Policy Development: Does your job require you to participate in the development of policies for your unit/division/department/the Organization? ❑ LEVEL 1: Position involves only the execution of policies or use of existing procedures. ❑ LEVEL 2: May provide some input to supervisor when policies and procedures are updated. ❑ LEVEL 3: Position involves some development of policies/procedures for the Department and/or the interpretation or explanation of departmental policies for others in the organization or residents. ❑ LEVEL 4: Position involves significant or primary responsibility for the development of policies and procedures for a division or organizational component of a department, as well as the interpretation, execution and recommendation of changes to department policies. ❑ LEVEL 5: Position involves significant or primary responsibility for the development of policies and procedures for an entire department, plus occasional participation in the development of policies which affect other departments in the organization. ❑ LEVEL 6: Position involves the primary responsibility for the development of departmental policies and procedures and regular participation in the development of policies that affect other departments and occasionally involves participation in the development of organization -wide policies. Give some examples of the types of policies you've written or been a part of creating: FACTOR 5. Planning: How much latitude do you have to set your own daily work schedule and priorities for a given workday? GovHR USA, LLC Town of Mamaroneck, NY Pegg 35 of 187 ❑ LEVEL 1: Position requires that my daily work load and activities are assigned to me by my supervisor. ❑ LEVEL 2: Position requires that I plan my own daily work load and work independently according to established procedures or standards. ❑ LEVEL 3: Position requires that I plan my own daily work load and those of others in the department (first -level supervision). ❑ LEVEL 4: Position requires an above average ability to analyze data and develop departmental plans, including plans where a number of difficult, technical and/or administrative problems must be addressed (Manager/Division level planning). ❑ LEVEL 5: Position requires a high level of analytical ability to develop plans for a department or complex situation, including plans that involve integrating/involving/impacting other departments (Department Head level planning). FACTOR 6. Contacts with Others: In the course of performing your job, what contacts with people in your department, other departments within the organization, and/or people from outside the organization are you required to make? ❑ LEVEL 1: Position involves interaction with fellow workers on routine matters with relatively little public contact. ❑ LEVEL 2: Position involves frequent internal and external contact, but generally on routine matters such as furnishing or obtaining information. ❑ LEVEL 3: Position involves frequent internal contact and regular contact with outsiders generally on routine matters, including contacts with irate outsiders which require some public relations skill for taking complaints for others to follow up upon. ❑ LEVEL 4: Position involves frequent internal and external contacts which require public relations skills in handling complaints. Contacts involve non -routine problems and require in-depth discussion and/or persuasion in order to resolve the problem. Handles more difficult contacts that are referred by front line employees. ❑ LEVEL 5: Position involves frequent internal and external contacts which require skill in dealing with, and influencing others, and initiating changes in policy/procedures to address the issue so as to avoid having to deal with the issue again in the future. ❑ LEVEL 6: Position involves frequent internal and external contacts in which I act as the spokesperson for the department and am authorized to make commitments of significant resources on behalf of the department. ❑ LEVEL 7: Position involves frequent internal and external contacts where I represent the entire organization and am authorized to make commitments in matters of broad or critical interest to the entire organization. With which internal individuals or groups do you have the most contact? With which external individuals or groups do you have the most contact? FACTOR 7. Supervision Given: Do you supervise or assign work to other employees? n Yes n No If yes: ❑ LEVEL 1: Position is regularly responsible for assigning work to an employee or employees, without acting in a supervisory role. To whom does this position assign work? ❑ LEVEL 2: Position is responsible for the supervision of one full time or several part time employees. GovHR USA, LLC Town of Mamaroneck, NY ge36of187 ❑ LEVEL 3: Position is responsible for the supervision of two to five full time (or full time equivalent) employees. ❑ LEVEL 4: Position is responsible for the supervision of six to 15 full time (or full time equivalent) employees. ❑ LEVEL 5: Position is responsible for direct and/or indirect supervision of 16 to 29 full time (or full time equivalent) employees. ❑ LEVEL 6: Position is responsible for direct and/or indirect supervision of 30 to 50 full time (or full time equivalent) employees. ❑ LEVEL 7: Position is responsible for direct and/or indirect supervision of more than 51 full time (or full time equivalent) employees. Actual number of full-time (or full-time equivalent) employees supervised: FACTOR 8. Physical Demands: Please describe any physical demands required to perform your job. Demand Lifting to 20 pounds Lifting 20-50 pounds Lifting 50+ pounds Climbing Walking Kneeling Crouching Crawling Bending Sitting Prolonged Standing Prolonged Visual Concentration No Yes How often? (Rarely, Occasionally or Daily) Unpleasant or Hazardous Conditions: Please describe any unpleasant or hazardous conditions you are exposed to in performing your job and how often you are exposed to those conditions. Include only those conditions which are directly related to your work rather than specific work area conditions. Condition Lighting -dimness or brightness Dust Heat Cold Odors Noise Vibration Wetness/Humidity Toxic Agents Electrical Currents Heavy Machinery Violence Disease Smoke Other No Yes How Often? (Rarely, Occasionally or Daily) ❑❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑❑ GovHR USA, LLC Town of Mamaroneck, NY Page 37 of 187 FACTOR 9. Use of Technology/Specialized Equipment: Please check the level of technology or specialized equipment use needed for you to perform your job. ❑ LEVEL 1: Position has no responsibility for, or use of, technology. ❑ LEVEL 2: Position has some basic use of computers for data entry and some use of the telephone, copier, etc. ❑ LEVEL 3: Position has daily use of computers for data entry and use of the telephone, fax machine, copier, etc. Position has daily use of light equipment such as push mowers, weed whackers, pole saws, custodial equipment, etc. ❑ LEVEL 4: Position has daily use of computers, the Internet, Smartphones, etc. to create databases, spreadsheets, or reports. Position designs and creates customized reports, presentations, and/or documents using advanced software skills. ❑ LEVEL 5A: Position provides routine consultation and technology support for everyday computer programming and/or software requests/questions to others in the organization; is an applications super user; or uses specialized software such as GIS, SCADA or telecommunications software. ❑ LEVEL 5B: Position uses, troubleshoots, and/or repairs various pieces of specialized equipment such as HVAC, lighting, gas flares, blowers, engines, heavy equipment, diagnostic equipment, large vehicles (vacuum trucks, street sweepers, fire apparatus) and/or medical or public safety equipment. ❑ LEVEL 6: Position is responsible for advanced computer programming, system security, maintenance, training, and purchasing of items such as computers, printers, scanners, etc., for the computer system for the organization (IT personnel). ❑ LEVEL 7: Position is responsible for the overall direction and supervision of the staff that are responsible for the computer and technology needs of the organization, including responsibility for developing technology policies for the organization (IT personnel). 10. Comments/Additional Information: Feel free to add additional information below. If using a printed copy of this form, use the back of the form to add your comments. Type your name and the date below, then save this form as a Word document with the file name of "JobTitle.LastName.FirstName" and email it to your supervisor. If using a printed copy of this form, sign and date it and then deliver to your supervisor. EMPLOYEE'S SIGNATURE OR TYPED NAME DATE THIS SECTION TO BE COMPLETED BY IMMEDIATE SUPERVISOR AND/OR DEPARTMENT HEAD Please provide your comments below. If using a printed copy of the form and additional space is needed, please use the back of this form or attach an additional sheet. Please do not mark in employee's portion of the questionnaire. 1. Do you agree with the employee's answers to all of the above questions? If not, please explain. 2. List any job duties or assignments which the employee performs which are in addition to those listed on the job description or this form. GovHR USA, LLC Town of Mamaroneck, NY Pgg3e2 38 of 187 3. How long has this employee worked for you? 4. Additional comments from the employee's immediate supervisor: Type your name and the date below, then email this form to your Department Head (if applicable) or to the Town Administration. If using a printed copy of this form, sign and date it before forwarding. SUPERVISOR'S SIGNATURE OR TYPED NAME DATE If Supervisor isn't Department Head, Department Head should review this form as well. nl have read the above and substantially concur. nl have read the above and have the following comments: Type your name and the date below, and then email this form to the Town Administration. If using a printed copy of this form, sign and date it before forwarding. DEPARTMENT HEAD SIGNATURE OR TYPED NAME DATE IMPORTANT DATES: October 3rd: Employees complete and submit the JAQs to their Supervisors. Please save file as follows: JobTitle.LastName.FirstName. October 10th: Supervisors and Department Heads review and then submit the JAQs to Town Administration. October 17th: Town Administration reviews and then submits the JAQs to GovHR USA. Week of October 31st: GovHR USA conducts virtual interviews with employees. GovHR USA, LLC Town of Mamaroneck, NY Me 39 of 187 GovHR USA, LLC Town of Mamaroneck, NY Page 40 of 187 Town of Mamaroneck Comparable Community Analysis 2022 Town of Mamaroneck Scoring Key 1. Full Value: Maximum 15 Points 9, 749, 092, 921 Factor Minimum Range 1.50 6,499,395,281 9,749,092,921 2.00 4,874,546,461 6,499,395,280 2.50 3,899,637,168 4,874,546,460 3.00 3,249,697,640 3,899,637,167 All Others Maximum Range 9, 749, 092, 921 14, 623, 639, 382 14,623,639,383 19,498,185,842 19,498,185,843 24,372,732,303 24,372,732,304 29,247,278,763 Points 15 11 7 3 0 2. Real Property Taxes and Assessments: Maximum 15 Points $27,001,329 Factor Minimum Range 1.50 18,000,886 27,001,329 2.00 13, 500, 665 18, 000, 885 2.50 10, 800, 532 13, 500, 664 3.00 9,000,443 10,800,531 All Others Maximum Range 27,001,329 40,501,995 54,002,659 67,503,324 40,501,994 54,002,658 67,503,323 81,003,987 Points 15 11 7 3 0 3. Sales and Use Tax: Maximum 10 Points $2,482.71 Thousand Factor Minimum Range 1,655.14 2,482.71 1,241.35 1,655.14 993.08 1,241.35 827.57 993.08 1.50 2.00 2.50 3.00 All Others Maximum Range 2,482.71 3,724.06 3,724.06 4,965.41 6,206.77 4,965.41 6,206.77 7,448.12 Points 10 8 6 4 0 4. State Aid: Maximum 10 Points $2,009.73 Thousand Factor 1.50 2.00 2.50 3.00 All Others Minimum Range 1,339.82 2,009.73 1,004.87 1,339.82 803.89 1,004.86 669.91 803.89 Maximum Range 2,009.73 3,014.60 3,014.60 4,019.46 4,019.46 5,024.33 5,024.33 6,029.19 Points 10 8 6 4 0 5. General Government Expenditures: Maximum 15 Points $6,105.52 Thousand Factor Minimum Range Maximum Range 4,070.34 6,105.52 6,105.52 9,158.27 3,052.76 4,070.34 9,158.28 12,211.03 2,442.21 3,052.76 12,211.03 15,263.79 2,035.17 2,442.21 15,263.79 18,316.55 1.50 2.00 2.50 3.00 All Others Points 15 11 7 3 0 GovHR USA, LLC Town of Mamaroneck, NY Me 41 of 187 Town of Mamaroneck Comparable Community Analysis 2022 6. Total Expenditures: Maximum 15 Points $59,082.51 Thousand Factor Minimum Range 1.5 2.0 2.5 3.0 All Others 39,388.34 59,082.51 29,541.26 39,388.34 23,633.00 29,541.25 19,694.17 23,633.00 Maximum Range 59,082.51 88,623.77 118,165.02 147, 706.28 88,623.77 118,165.02 147, 706.28 177,247.53 Points 15 11 7 3 0 7. Median Household Income: Maximum 10 Points 143,910 Factor Minimum Range 1.5 95,940 143,910 2.0 71,955 95,939 2.5 57,564 71,954 3.0 47,970 57,563 All Others Maximum Range 143,910 215,865 215,866 287,820 287,821 359,775 359,776 431,730 Points 10 8 6 4 0 8. Population: Maximum 10 Points 12,850 Factor 1.5 2.0 2.5 3.0 All Others Minimum Range 8,567 12,850 6,425 8,566 5,140 6,424 4,283 5,139 Maximum Range 12,850 19,275 19,276 25,700 25,701 32,125 32,126 38,550 Points 10 8 6 4 0 Source: Office of the New York State Comptroller at http://wwe1.osc.state.ny.us/localgov/findata/financial-data-for-local- governments.cfm (NOTE: City and Town data as of 2020; Villages data as of 2021). Note: Each of the eight criterion contain ranges to assess comparability with the Town's data. For example, each of the four ranges for the Township's population is developed using a factor of .5 percent (+/-). To determine the population range that will receive a score of 15 (most similar to the Town), the Town's population is multiplied by 1.5 (maximum range) and divided by 1.5 (minimum range). The Town's population is then multiplied and divided by 2.0, 2.5 and 3.0 to determine ranges of decreasing similarity (and subsequently decreasing "comparability points"). GovHR USA, LLC Town of Mamaroneck, NY Me 42 of 187 Town of Mamaroneck Comparable Community Analysis 2022 - By Rank L81, 40 £t. abed City, Town or Village* County Full Value (In SM) Max. Points Real Property Taxes end Asses=.'.._ ..- Max. Points Sales and Use Tax Max. Points State Aid Max. Points General Gov't Expenditures Max. Points Total Expenditures Max. Points Town of Mamaroneck Town of Eastchester Westchester Westchester 9,749,092,921 9,108,145,405 9,048,416,282 15 27,001,329 20,607,814 25,281,431 15 2,482,706 4,049,339 3,733,747 15 2,009,730 2,236,109 3,322,698 15 6,105,516 7,574,766 9,215,877 15 59,082,510 38,307,062 50,160,100 15 ® 15 ® 15 0 8 m' 8 ® 11 m MaN City of Rye Westchester Town of New Castle Westchester 5,591,695,291 11 15 21 376 325 41 859 407 15 11 3 641 871 4 139 481 8 8 1 946 818 2 049 762 10 10 5 035 558 10 927 273 15 11 41 641 113 63 373 920 MaN EEM Village of Scarsdale Westchester 9,464,987,931 Village of Mamaroneck Westchester 4,288,603,477 7 11 26 206 335 25 820 974 15 15 4 872 730 3 593 365 8 10 929 156 7 960 813 6 0 6 833 158 4 591 155 15 15 41 342 923 51 100 515 EIN MIIM Town of Bedford Westchester 5.339.131.210 Town of Harrison Westchester 8,873,915,034 15 0 43 481 828 28 145 963 11 15 6 282 795 7 341 514 4 4 853 389 1 415 506 6 10 9 191 560 8 924 669 11 15 73 675 223 48 832 043 MaN MIEM Village of Port Chester Westchester 2.966.462.849 Village of Tarrytown Westchester 2,153,947,713 0 11 17 855 697 22,902,068 11 15 2 737 665 2,469,548 10 10 1 741 614 1,499,014 10 10 6 337 976 91,114,646 15 0 37 861 328 120,026,311 m 7 Town of North Castle Westchester 5,260,023,130 Town of Haverstraw Rockland 3,155,411,405 0 15 32 424 000 29 524 538 15 15 1 190 589 5 426 011 6 8 1 009 465 2 074 159 8 10 3 489 657 229 211 056 11 0 62 157 380 283 460 280 MIEM 0' Town of Mount Pleasant Westchester 10,259,813,143 Town of Cortlandt Westchester 7,010,562,756 15 21,507,036 15 6,086,505 6 2,567,148 10 160,215,485 0 206,303,082 N Village of Croton -On -Hudson Westchester 1,365,522,394 0 12,131,047 7 1,974,715 10 1,696,194 10 4,144,392 15 26,423,263 7 Town of Stony Point Rockland 2,249,938,252 0 0 19,060,250 15 11 694,005 0 0 831,874 6 4 4,702,890 15 15 24,039,703 Q NM City of Peekskill Westchester 1,981,400,440 17,186,004 449,201 5,551,017 5,276,494 61,537,793 Village of Briarcliff Manor Westchester 2,111,130,598 0 0 11,729,800 7 0 1,996,409 10 10 687,146 4 10 4,134,841 15 0 31,107,113 m MaN Town of Lewisboro Westchester 3,063,384,010 7,582,210 2,572,671 1,042,443 72,675,954 87,361,893 Town of Ossining Westchester 5,000,985,062 11 11 11,537,634 7 15 1,120,608 6 0 846,974 6 8 3,294,851 11 0 15,124,028NM N Town of Yorktown Westchester 5,776,920,223 31,499,739 7,479,215 3,088,890 164,292,023 214,480,548 Town of Orangetown Rockland 8,640,685,595 15 0 56,689,188 7 11 1,831,225 10 8 2,804,700 10 6 216,339,194 0 3 290,472,315 N Min Village of Larchmont Westchester 2,835,706,221 14,928,421 1,501,424 867,426 2,255,611 23,702,230 Town of Somers Westchester 4,168,028,012 7 0 7,941,162 0 7 4,235,756 8 10 1,412,652 10 4 2,662,583 7 3 17,356,571 N N Village of Hastings -On -Hudson Westchester 1,921,047,085 11,592,355 1,974,209 692,476 2,089,933 18,285,666 Village of Dobbs Ferry Westchester 2,084,100,419 0 0 14,276,937 11 2,809,824 10 6 619,990 0 0 2,700,533 7 0 23,023,070 3 15 Town of North Salem Westchester 1,392,891,115 6,860,820 0 1,058,006 510,506 34,193,721 43,266,721 Village of Bronxville Westchester 3,124,042,995 0 15 10 592 751 62,053,204 3 7 1 865 057 49,773,502 10 0 529 202 9,587,420 0 0 6 194 148 42,646,665 15 0 22 433 312 623,628,097 MEM 0' City of White Plains Westchester 10,521,475,316 Village of Pelham Westchester 1,549,221,968 0 0 11 580 092 12,822,615 7 7 1 634 217 1,795,654 8 10 258 281 280,970 0 0 1 398 527 1,721,929 0 0 16 217 094 18,855,863 0' 0 Village of Pleasantville Westchester 1,483,598,621 Village of Ardsley Westchester 1,124,335,968 0 15 11,081,888 7 0 1,254,528 8 0 349,015 0 0 2,536,152 7 0 15,967,181 N 0' Village of Harrison Westchester 8,661,009,660 Not Filed Village of Pelham Manor Westchester 1,890,150,050 0 15 13,111,369 7 0 1,448,882 8 0 653,100 0 8 1,784,573 0 3 16,803,614 0 0' Town of Rye Westchester 7,555,425,507 1,051,490 0 1,142,993 2,228,906 5,501,498 Village ofTuckahoe Westchester 1,166,219,756 0 0 8,302,738 0 7 1,887,140 10 0 339,898 0 0 1,690,735 0 0 13,048,876NM NM Village of Suffern Rockland 1,137,644,431 11,903,490 825,771 526,094 1,168,436 18,974,939 Town of Pelham Westchester 3,436,671,428 3 15 1,733,347 0 0 0 0 0 602,680 0 0 1,410,659 0 0 3,879,821 0 0 Town of Scarsdale Westchester 9,404,646,416 Not Filed Town of Pound Ridge Westchester 2,039,781,961 0 0 Not Filed 0 0 0 0 0 0 0 0 0' NM Village of Haverstraw Rockland 723,385,470 7,907,692 441,473 580,742 1,893,343 10,816,893 Village of Mount Kisco Westchester 1,965,803,570 0 0 Not Filed 0 0 0 0 0 0 0 0 0 0' Town of Mount Kisco Westchester 1,864,734,611 Not Filed Village of Airmont Rockland 1,490,250,323 0 0 Not Filed 0 0 0 0 0 0 0 0 0' 0' Village of New Square Rockland 312,592,707 535,572 228,784 221,027 279,611 2,866,377 Village of Ossining Westchester 2,223,109,990 0 0 Not Filed 0 0 0 0 0 0 0 0 0' 0 Village of Sleepy Hollow Westchester 1,256,122,580 Not Filed Village of West Haverstraw Rockland 749,607,156 0 0 6,020,536 0 0 422,891 0 0 390,003 0 0 1,540,461 0 0 7,559,586 0' 0' Village of Irvington Westchester 1,910,253,580 Not Filed Village of Nyack Rockland 828,204,828 0 0 Not Filed 0 0 0 0 0 0 0 0 0' N Village of Kaser Rockland 144,463,103 68,233 193,914 20,035 277,195 3,789,694 Village of Spring Valley Rockland 1,712,276,273 0 0 Not Filed 0 0 0 0 0 0 0 0 0' 0' Village of Elmsford Westchester 965,000,000 Not Filed Village of Chestnut Ridge Rockland 1,360,716,784 0 1,902,970 0 356,915 0 536,539 0 1,022,092 0 3,456,547 0' Not Filed under Revenues - Local govenment has not filed its Annual Financial Report for the fiscal year. GovHR USA, LLC Town of Mamaroneck, NY Median Household Income 143,910 115,313 193,919 85,412 190,427 102,601 77,388 131,667 151,397 86,026 125,090 114,347 163,400 121,593 83,930 136,777 66,067 66,214 125,469 153,715 130,375 171,014 145,104 192,321 45,646 244,635 23,030 96,715 106,828 83,060 93,125 69,303 85,412 118,319 250000+ 105,189 95,006 168,071 177,452 128,393 128,393 100,712 139,939 194,859 159,755 94,353 160,845 145,313 135,845 81,586 86,383 24,164 Max. Points 10 MEN m 0 N E▪ E 10 m 10 m m m m 10 Population 12,850 34 641 16 592 44 436 18 253 20 151 17 309 28 218 31 693 11 860 18,311 39 087 10 959 42 545 8,327 14 813 25 431 7 569 12 265 5 243 36 569 48,655 6,630 21,541 8,590 11,541 12,408 6,656 59,559 7,326 7,513 5,079 28,218 5,752 5,082 7,084 11,441 40,061 13,078 12,323 10,959 31,758 10,166 9,679 27,551 9,986 10,678 6,652 7,265 5,491 33,066 5,239 10,505 Max. Points 0 10 10 10 EN 10 m 10 Total Points 100 MEM MEM MEM E' MEM MEM 1. MEM 73 MEM MEM MEM 65 MEM MEM MEM MEM MEM MEM MEM MME MEM MEM 41 39 MEM MEM MEM 31 MEM 27 MEM MEM MEM 23 23 ®' ®' 20 MEM MEM MEM MEM 18 MEM MEM MEM MEM MEM MEM �' Page 37 Town of Mamaroneck Comparable Community Analysis 2022 - Top Comparable Communities L81, 40 1717 abed City, Town or Village* County Full Value (In $M) Max. Points Real Property Taxes and Assessments Max. Sales and Points Use Tax Max. Points State Aid Max. General Gov't Max. Total Points Expenditures Points Expenditures Max. Points Town of Mamaroneck Westchester 9,749,092,921 9,108,145,405 9,048,416,282 I 15 27,001,329 20,607,814 25,281,431 15 2,482,706 ' 15 4,049,339 15 2,009,730 I 8 2,236,109 15 6,105,516 7,574,766 15 15 11 59,082,510 38,307,062 15 11 15 MS, 15 10 8 Town of Eastchester Westchester City of Rye Westchester 15 3,733,747 8 3,322,698 9,215,877 50,160,100 Town of New Castle Westchester 5,591,695,291 11 21 376,325 15 11 3 641871 4 139 481 8 8 1 946 818 2 049 762 10 10 5 035 558 10 927 273 15 11 41 641 113 63 373 920 15 15 Village of Scarsdale Westchester 9,464,987,931 15 41 859,407 Village of Mamaroneck Westchester 4,288,603,477 7 26 206,335 15 15 4 872 730 3 593 365 8 10 929 156 7 960 813 6 0 6 833 158 4 591 155 15 15 41 342 923 51 100 515 15 15 Town of Bedford Westchester 5.339.131.210 11 25 820.974 Town of Harrison Westchester 8,873,915,034 15 43 481,828 11 15 6 282 795 7 341514 4 4 853 389 1 415 506 6 10 9 191 560 8 924 669 11 15 73 675 223 48 832 043 15 15 Village of Port Chester Westchester 2.966.462.849 0 28 145.963 Village of Tarrytown Westchester 2,153,947,713 0 17 855,697 11 15 2 737 665 2,469,548 10 10 1,741,614 1,499,014 10 10 6,337,976 91,114,646 15 0 37 861 328 120,026,311 11 7 Town of North Castle Westchester 5,260,023,130 11 22,902,068 Town of Haverstraw Rockland 3,155,411,405 0 32 424,000 15 15 1 190 589 5 426 011 6 1,009,465 8 3,489,657 11 0 62 157 380 283 460 280 15 0 Town of Mount Pleasant Westchester 10,259,813,143 15 29,524,538 8 2,074,159 10 229,211,056 Town of Cortlandt Westchester 7,010,562,756 15 21,507,036 6,086,505 6 2 567 148 10 160 215 485 0 206 303 082 0 Village of Croton -On -Hudson Westchester 1,365,522,394 0 12,131,047 1,974,715 10 1,696,194 10 4,144,392 15 26,423,263 7 GovHR USA, LLC Median Household Income 143,910 115,313 193,919 85,412 190,427 102,601 77,388 131,667 151,397 86,026 125,090 114,347 163,400 121,593 83,930 Max. Points 10 10 10 8 10 10 8 10 10 8 10 10 10 10 8 Population 12,850 34 16 641 592 44 436 18 253 20 151 17 309 MEM 282180 31 693 0 Max. Points 0 10 10 10 10 11 860 18,311 39 087 0 10 10 10 42 8 959 545 10 10 10 327 0 Total Points 100 94 92 92 90 86 Town of Mamaroneck, NY Page 38 80 75 73 69 68 66 65 GovHR USA, LLC Town of Mamaroneck, NY Me 45 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Town Administrator Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments n/a Village Manager Village Manager n/a Village Manager n/a n/a Village Manager n/a Village Manager n/a Town Administrator Town Administrator Village Manager City Manager Village Administrator Village Manager n/a Village Administrator Town Administrator Minimum Rate: 175,759.58 184,500.00 194,822.46 195,953.85 196,869.60 197,526.83 197,873.82 Maximum Rate: 214,817.26 225,500.00 238,116.34 239,499.15 240,618.40 241,421.68 241,845.78 Actual Salary: 175,000 220,000 145,000 173,225 217,449 195,000 174,713 140,000 215,000 242,460 219,299 226,315 214,725 195,288.42 205,000.00 216,469.40 217,726.50 218,744.00 219,474.25 219,859.80 GovHR, USA LLC Town of Mamaroneck, NY PO 46 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Deputy Town Administrator Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments n/a n/a Assistant Village Manager n/a n/a n/a n/a n/a n/a Assistant Village Manager n/a n/a n/a n/a Assistant City Manager n/a Deputy Village Manager n/a n/a Deputy Town Administrator Minimum Rate: 116,000 115,201.13 121,502.25 122,958.90 123,687.23 125,037.00 126,697.50 128,358.00 Maximum Rate: Actual Salary: 92,000 132,305 219,000 150,000 137,700 153,601.50 162,003.00 163,945.20 164,916.30 166,716.00 168,930.00 171,144.00 147,347 128,001.25 135,002.50 136,621.00 137,430.25 138,930.00 140,775.00 142,620.00 GovHR, USA LLC Town of Mamaroneck, NY 110- 47 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Assistant to the Town Administrator Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments n/a n/a n/a n/a Assistant to the Village Manager n/a n/a n/a n/a n/a n/a Assist to the Town Administrator Assist to the Town Administrator n/a Assistant to the City Manager n/a Assistant to the Village Manager n/a n/a Assistant to the Town Administrator Minimum Rate: Maximum Rate: 57,000 123,000 55,000 70,000 72,172.35 65,880.00 66,852.00 67,338.00 70,142.94 74,107.35 78,071.76 96,229.80 87,840.00 89,136.00 89,784.00 93,523.92 98,809.80 104,095.68 Actual Salary: 70,000 71,400 75,000 104,366 81,800 80,191.50 73,200.00 74,280.00 74,820.00 77,936.60 82,341.50 86,746.40 GovHR, USA LLC Town of Mamaroneck, NY Pad 48 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Secretary to Town Administrator Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments n/a Secretary to the Village Manager Secretary to the Town Admin n/a n/a n/a n/a Jr. Staff Assistant n/a Secretary to Village Manager n/a n/a n/a Senior Office Assistant n/a Secretary to the Administrator Secretary to the Village Manager Confidential Asst to Town Supv n/a Secretary to Town Administrator Minimum Rate: 69,317.10 73,390.05 76,121.64 76,588.79 77,055.93 77,753.93 78,544.26 Maximum Rate: 92,422.80 97,853.40 101,495.52 102,118.38 102,741.24 103,671.90 104,725.68 Actual Salary: 90,722 78,806 55,000 88,275 75,000 84,283 85,766 58,300 54,193 77,019.00 81,544.50 84,579.60 85,098.65 85,617.70 86,393.25 87,271.40 GovHR, USA LLC Town of Mamaroneck, NY P d 49 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Confidential Secretary to Town Supv. Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Confidential Secretary to Town Supv. n/a n/a Confidential Secretary to Town Supv. n/a Confidential Secretary to Town Supv. n/a Village Clerk Assistant to the Supervisor n/a Confidential Secretary to Town Supv. n/a Confidential Secretary to Town Supv. n/a n/a n/a n/a n/a n/a Confidential Secretary to Town Supv. Minimum Rate: 72,316.67 71,253.00 73,749.42 74,997.63 77,016.96 79,421.85 81,826.74 Maximum Rate: 96,422.23 95,004.00 98,332.56 99,996.84 102,689.28 105,895.80 109,102.32 Actual Salary: 76,706 79,170 65,481 71,238 83,793 92,700 93,375 73,007 80,351.86 79,170.00 81,943.80 83,330.70 85,574.40 88,246.50 90,918.60 GovHR, USA LLC Town of Mamaroneck, NY PO 50 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Administrative Aide Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments n/a Office Assist/Senior Account Clerk n/a n/a n/a n/a n/a n/a Municipal Aide n/a n/a n/a n/a n/a n/a n/a Administrative Aide n/a n/a Administrative Aide Minimum Rate: Maximum Rate: 60,327.90 80,437.20 64,963.80 86,618.40 67,252.32 89,669.76 68,396.58 91,195.44 69,540.84 92,721.12 70,685.10 94,246.80 71,829.36 95,772.48 Actual Salary: 72,182 44,015 84,896 62,000 67,031.00 72,182.00 74,724.80 75,996.20 77,267.60 78,539.00 79,810.40 GovHR, USA LLC Town of Mamaroneck, NY Pam* 51 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Office Assistant for Administration Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments n/a n/a Office Assistant for Administration Staff Asst for Admin and Finance Senior Office Assistant n/a Office Assistant n/a n/a Office Assistant - Automated Sys n/a Office Assistant n/a n/a n/a n/a n/a n/a n/a Office Assistant for Administration Minimum Rate: 75,078 55,626 57,582 48,055 Maximum Rate: 100,333 70,552 80,343 65,994 Actual Salary: 59,598 100,333 70,552 52,997 63,412 56,978 59,085.25 79,305.50 69,378.40 56,604.00 75,447.50 63,412.00 57,190.80 78,384.80 66,268.00 57,484.20 79,853.45 67,696.00 59,331.60 82,342.00 69,124.00 61,956.00 85,340.50 70,552.00 64,580.40 88,339.00 76,508.20 62,440.56 83,254.08 57,070.80 76,094.40 59,641.20 79,521.60 60,926.40 81,235.20 62,211.60 82,948.80 63,496.80 84,662.40 68,857.38 91,809.84 GovHR, USA LLC Town of Mamaroneck, NY PO 52 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Information Technology (IT) Director Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments n/a n/a n/a Technical Support Specialist n/a n/a n/a Information Technology Director n/a Manager of Information Systems n/a n/a n/a IT Director Coordinator of Computer Services Communications Services Coord Information Technology Director n/a n/a Information Technology (IT) Director Minimum Rate: 75,078 87,000 106,788.47 116,611.20 117,982.26 118,667.79 120,317.04 122,448.15 124,579.26 Maximum Rate: Actual Salary: 100,333 100,333 160,000 142,384.63 155,481.60 157,309.68 158,223.72 160,422.72 163,264.20 166,105.68 $77,654 129,568 140,000 132,107 99,384 151,531 116,800 118,653.86 129,568.00 131,091.40 131,853.10 133,685.60 136,053.50 138,421.40 GovHR, USA LLC Town of Mamaroneck, NY PAR 53 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Town Comptroller Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Town Comptroller Village Treasurer Town Comptroller Town Comptroller Village Treasurer Town Comptroller n/a Treasurer Director of Finance Village Clerk Treasurer Town Comptroller n/a Director of Finance Village Treasurer Deputy Comptroller Treasurer Village Treasurer Director of Finance Village Treasurer Comptroller/Tax Receiver Minimum Rate: 116,000 133,625.38 135,000.00 143,276.58 148,870.98 150,490.80 151,974.00 152,794.80 Maximum Rate: 219,000 163,319.91 165,000.00 175,115.82 181,953.42 183,933.20 185,746.00 186,749.20 Actual Salary: 171,332 142,857 151,260 171,800 118,450 177,308 84,563 137,362 166,800 149,008 149,349 170,000 168,860 150,000 164,487 102,599 148,000 174,892 148,472.65 150,000.00 159,196.20 165,412.20 167,212.00 168,860.00 169,772.00 GovHR, USA LLC Town of Mamaroneck, NY 0 54 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Town Assessor Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Town Assessor n/a n/a Town Assessor n/a Town Assessor Town Assessor n/a Assessor n/a Town Assessor Town Assessor Town Assessor n/a City Assessor n/a Village Assessor Town Assessor n/a Town Assessor Minimum Rate: 87,000 117,791.67 120,254.40 124,728.30 126,576.45 128,424.60 128,553.30 128,682.00 Maximum Rate: 160,000 157,055.56 160,339.20 166,304.40 168,768.60 171,232.80 171,404.40 171,576.00 Actual Salary: 133,094 142,980 115,420 142,694 123,973 133,616 147,900 130,000 138,587 159,181 72,231 129,868 130,879.64 133,616.00 138,587.00 140,640.50 142,694.00 142,837.00 142,980.00 GovHR, USA LLC Town of Mamaroneck, NY PO 55 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Police Chief Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Police Chief Police Chief Police Chief n/a Police Chief Police Chief Police Chief Police Chief Police Chief Police Chief Police Chief n/a Police Chief Police Chief n/a Police Chief Police Chief Police Chief Police Chief Police Chief Minimum Rate: 179,844.86 176,155.20 178,178.40 178,908.08 183,652.65 189,198.90 192,333.60 Maximum Rate: 239,793.15 234,873.60 237,571.20 238,544.10 244,870.20 252,265.20 256,444.80 Actual Salary: 187,800 180,000 213,704 171,360 190,675 234,071 171,175 232,174 197,976 186,797 199,057 196,000 191,169 209,060 240,768 195,456 186,095 199,827.63 195,728.00 197,976.00 198,786.75 204,058.50 210,221.00 213,704.00 GovHR, USA LLC Town of Mamaroneck, NY Pg5 56 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Police Captain Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments n/a n/a Police Lieutenant n/a n/a Lieutenant Police Captain Police Lieutenant Captain n/a Police Captain n/a n/a Police Captain n/a n/a Police Captain Police Lieutenant n/a Police Captain Minimum Rate: 160,272.80 157,500.00 163,017.36 165,116.16 166,555.08 167,994.00 168,647.04 Maximum Rate: 213,697.07 210,000.00 217,356.48 220,154.88 222,073.44 223,992.00 224,862.72 Actual Salary: 164,242 166,785 188,474 149,054 220,036 169,814 175,000 186,660 182,663 178,080.89 175,000.00 181,130.40 183,462.40 185,061.20 186,660.00 187,385.60 GovHR, USA LLC Town of Mamaroneck, NY P g . 57 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Office Assistant for Police Department Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Senior Office Assistant n/a n/a n/a n/a Sr .Office Asst Auto Systems n/a n/a n/a Senior Office Assistant Senior Account Clerk n/a Senior Office Assistant Senior Office Assistant Senior Office Assist Police Office Asst Auto Systems (Police) Office Assist (Auto Systems) Secretarial Assistant I Senior Office Asst - Police Office Assistant for Police Department Minimum Rate: 58,852 67,617 50,788 61,788 Maximum Rate: 68,931 90,236 68,453 75,346 Actual Salary: 62,773 75,694 83,649 61,164 53,842 75,000 81,962 62,938 63,499 75,246 59,719 59,761.25 75,741.50 69,576.70 60,320.00 72,138.50 69,249.50 61,200.80 74,063.00 75,098.40 61,641.20 75,025.25 75,209.10 62,370.90 76,835.00 75,380.40 63,245.25 79,068.50 75,582.00 64,119.60 81,302.00 76,947.60 62,619.03 83,492.04 62,324.55 83,099.40 67,588.56 90,118.08 67,688.19 90,250.92 67,842.36 90,456.48 68,023.80 90,698.40 69,252.84 92,337.12 GovHR, USA LLC Town of Mamaroneck, NY gV 58 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Ambulance District Administrator Comparable Minimum Maximum Actual Title & Position Comments Community Rate: Rate: Salary: Bedford (Town) n/a Briarcliff Manor (Village) n/a Bronxville (Village) n/a Cortlandt (Town) n/a Croton -On -Hudson (Village) n/a Eastchester (Town) n/a Harrison (Town) n/a Hastings -On -Hudson (Village) n/a Haverstraw (Town) n/a Mamaroneck (Village) n/a Mount Pleasant (Town) n/a New Castle (Town) n/a North Castle (Town) n/a Port Chester (Village) n/a Rye (City) n/a Rye Brook (Village) n/a Scarsdale (Village) n/a Stony Point (Town) n/a Tarrytown (Village) n/a Mamaroneck Ambulance District Administrator 125,704 Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile GovHR, USA LLC Town of Mamaroneck, NY PgC 59 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Building Superintendent Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Lead Maintenance Mechanic n/a n/a n/a Assistant General Foreman n/a n/a n/a n/a Parks General Foreman Building Inspector (Dept Head) n/a n/a n/a n/a n/a Project Manager n/a n/a Building Superintendent Minimum Rate: 71,618 99,867.06 97,120.80 104,616.36 108,364.14 112,111.92 115,859.70 116,087.76 Maximum Rate: 84,256 133,156.08 129,494.40 139,488.48 144,485.52 149,482.56 154,479.60 154,783.68 Actual Salary: 84,256 103,916 107,912 130,000 128,733 114,520 110,963.40 107,912.00 116,240.40 120,404.60 124,568.80 128,733.00 128,986.40 GovHR, USA LLC Town of Mamaroneck, NY Pgg 60 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Building Inspector Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Building Inspector Building Inspector Building Inspector Director of Code Enforcement Village Engineer/Building Inspector Building Inspector n/a Building Inspector Building Inspector II Building Inspector Building Inspector n/a Building Inspector Building Inspector Building Inspector Building Inspector Building Inspector Building Inspector II Building Inspector Building Inspector Minimum Rate: 107,809 87,000 118,752.78 121,500.00 123,058.44 123,321.96 123,611.94 123,754.50 129,425.94 Maximum Rate: 137,307 160,000 158,337.04 162,000.00 164,077.92 164,429.28 164,815.92 165,006.00 172,567.92 Actual Salary: 133,999 173,000 145,382 137,307 175,345 90,083 106,794 110,000 135,000 111,000 136,836 121,000 136,575 137,505 167,777 96,662 128,843 123,699 131,947.53 135,000.00 136,731.60 137,024.40 137,346.60 137,505.00 143,806.60 GovHR, USA LLC Town of Mamaroneck, NY g61 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Town Engineer Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments n/a Village Engineer n/a Director Tech Svcs (Engineer & Code) Village Engineer/Building Inspector n/a n/a n/a n/a Village Engineer Town Engineer/Water Sewer Supt n/a n/a n/a City Engineer Superintendent of Public Works Village Engineer n/a Village Engineer Town Engineer Minimum Rate: 116,000 155,461.80 157,500.00 157,748.40 158,171.40 158,893.20 159,615.00 161,133.12 Maximum Rate: 219,000 207,282.40 210,000.00 210,331.20 210,895.20 211,857.60 212,820.00 214,844.16 Actual Salary: 173,710 181,567 175,345 175,000 177,350 198,126 156,450 145,561 171,509 160,000 172,735.33 175,000.00 175,276.00 175,746.00 176,548.00 177,350.00 179,036.80 GovHR, USA LLC Town of Mamaroneck, NY Pg 62 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Environmental Coordinator Comparable Minimum Maximum Actual Title & Position Comments Community Rate: Rate: Salary: Bedford (Town) n/a Briarcliff Manor (Village) n/a Bronxville (Village) n/a Cortlandt (Town) n/a Croton -On -Hudson (Village) n/a Eastchester (Town) n/a Harrison (Town) n/a Hastings -On -Hudson (Village) n/a Haverstraw (Town) n/a Mamaroneck (Village) n/a Mount Pleasant (Town) n/a New Castle (Town) n/a North Castle (Town) n/a Port Chester (Village) n/a Rye (City) n/a Rye Brook (Village) n/a Scarsdale (Village) n/a Stony Point (Town) n/a Tarrytown (Village) n/a Mamaroneck Environmental Coordinator 88,219 Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile GovHR, USA LLC Town of Mamaroneck, NY PgV 63 of 187 Town of Mamaroneck, NY Salary Survey December 2022 General Highway Foreman Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Commissioner of Highway General Highway Foreman General Highway Foreman General Working Foreman General Highway Foreman General Highway Foreman n/a General Foreman Superintendent of Highway DPW General Foreman Deputy Town Supt/Highway n/a General Highway Foreman DPW Foreman n/a General Foreman Highway Foreman Superintendent of Highway General Foreman General Highway Foreman Minimum Rate: 71,965 53,057 Maximum Rate: Actual Salary: 222,545 130,336 117,582 97,458 97,458 116,322 97,053 97,053 112,941.56 150,588.75 106, 911.45 142, 548.60 110,256.30 147,008.40 111,264.08 148,352.10 112, 73 5.80 150, 314.40 114,729.30 152,972.40 117, 302.40 156,403.20 134,090 112,527 122,507 114,062 151,808 124,000 113,079 107,958 119,999 126,524 119,633 125,490.63 118,790.50 122,507.00 123,626.75 125,262.00 127,477.00 130,336.00 GovHR USA, LLC Town of Mamaroneck, NY PgV 64 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Fleet Manager Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Head Mechanic n/a Lead Auto Mechanic Central Garage Foreman Central Garage Foreman Central Garage Foreman n/a Mechanic Senior Auto Mechanic Lead Maint Mechanic - Auto Central Grage Foreman n/a Central Garage Foreman Central Garage Foreman Lead Maint Mechanic Garage Lead Maintenance Mechanic Lead Mechanic Foreman (Garage) Highway Maintenance Supervisor I Central Garage Foreman Fleet Manager Minimum Rate: 76,715 71,965 50,682 Maximum Rate: 90,253 97,458 92,425 95,316 112,990 73,000 138,000 86,749 105,814 75,737.83 74,857.50 76,715.00 79,223.50 81,732.00 84,240.50 86,749.00 86,929.65 87,022.80 88,826.40 89,095.05 89,538.30 90,124.65 90,822.60 106,156.67 101,636.00 105,814.00 107,608.00 109,402.00 111,196.00 112,990.00 115,906.20 116,030.40 118,435.20 118,793.40 119,384.40 120,166.20 121,096.80 Actual Salary: 90,253 90,503 97,458 95,926 92,425 99,094 98,696 92,843 104,986 112,990 82,469 93,201 100,914 107,958 85,820 99,880 120,505 96,588.50 96,692.00 98,696.00 98,994.50 99,487.00 100,138.50 100,914.00 GovHR USA, LLC Town of Mamaroneck, NY PgV 65 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Superintendent of Recreation Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Superintendent of Recreation Superintendent of Recreation n/a Superintendent of Recreation Superintendent of Recreation Superintendent of Recreation n/a Superintendent of Recreation n/a Superintendent of Recreation Superintendent of Recreation n/a Superintendent of Recreation Superintendent of Recreation Superintendent of Recreation Supt. Parks and Recreation Superintendent of Recreation Recreation Facility Supervisor Superintendent of Recreation Superintendent of Recreation Minimum Rate: 116,000 108,408.24 112,500.00 113,850.00 115,944.93 116,434.44 117,714.15 120,152.34 Maximum Rate: 219,000 144, 544.3 2 150,000.00 151,800.00 154,593.24 155,245.92 156,952.20 160,203.12 Actual Salary: 129,527 125,000 146,702 102,505 150,101 99,854 109,999 128,750 125,000 100,000 139,273 117,399 132,060 80,634 120,000 154,471 120,453.60 125,000.00 126,500.00 128,827.70 129,371.60 130,793.50 133,502.60 GovHR USA, LLC Town of Mamaroneck, NY PQ 66 of 187 Town of Mamaroneck, NY Salary Survey December 2022 Assist Superintendent of Recreation Comparable Community Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Harrison (Town) Hastings -On -Hudson (Village) Haverstraw (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Title & Position Comments Assist Superintendent of Recreation Assist Superintendent of Recreation n/a Assist Superintendent of Recreation n/a Assist Superintendent of Recreation n/a Recreation Assistant n/a Recreation Leader n/a n/a Assist Superintendent of Recreation n/a Assist Superintendent of Recreation n/a Assist Superintendent of Recreation n/a n/a Assist Superintendent of Recreation Minimum Maximum Rate: Rate: 91,000 95,000 89,618 114,506 73,000 84,539.33 89,618.00 89,894.40 90,032.60 90,170.80 90,309.00 90,447.20 84,359.80 90,200.70 91,093.50 92,683.08 95,415.84 98,148.60 101,961.36 138,000 115,835.33 114,506.00 119,204.80 121,554.20 123,903.60 126,253.00 128,602.40 112,479.73 120,267.60 121,458.00 123,577.44 127,221.12 130,864.80 135,948.48 Actual Salary: 101,463 93,000 109,054 91,182 $60,241 47,987 100,223 120,803 119,645 100,559 93,733.11 100,223.00 101,215.00 102,981.20 106,017.60 109,054.00 113,290.40 GovHR USA, LLC Town of Mamaroneck, NY 1164 67 of 187 Town of Mamaroneck, NY Salary Survey December 2022 General Manager - Ice Rink Comparable Minimum Maximum Actual Title & Position Comments Community Rate: Rate: Salary: Bedford (Town) n/a Briarcliff Manor (Village) n/a Bronxville (Village) n/a Cortlandt (Town) n/a Croton -On -Hudson (Village) n/a Eastchester (Town) n/a Harrison (Town) n/a Hastings -On -Hudson (Village) n/a Haverstraw (Town) n/a Mamaroneck (Village) n/a Mount Pleasant (Town) n/a New Castle (Town) n/a North Castle (Town) n/a Port Chester (Village) n/a Rye (City) n/a Rye Brook (Village) n/a Scarsdale (Village) n/a Stony Point (Town) n/a Tarrytown (Village) n/a Mamaroneck General Manager - Ice Rink 107,000 Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile GovHR USA, LLC Town of Mamaroneck, NY Page 68 P Town of Mamaroneck, NY Salary Survey December 2022 Community Services Director Comparable Minimum Maximum Actual Title & Position Comments Community Rate: Rate: Salary: Bedford (Town) n/a Briarcliff Manor (Village) n/a Bronxville (Village) n/a Cortlandt (Town) n/a Croton -On -Hudson (Village) n/a Eastchester (Town) n/a Harrison (Town) n/a Hastings -On -Hudson (Village) n/a Haverstraw (Town) n/a Mamaroneck (Village) n/a Mount Pleasant (Town) n/a New Castle (Town) n/a North Castle (Town) n/a Port Chester (Village) n/a Rye (City) n/a Rye Brook (Village) n/a Scarsdale (Village) n/a Stony Point (Town) n/a Tarrytown (Village) n/a Mamaroneck Range Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Actual Data Average 50th Percentile 60th Percentile 65th Percentile 70th Percentile 75th Percentile 80th Percentile Community Services Director GovHR USA, LLC Town of Mamaroneck, NY PyC 69 of 187 GovHR USA, LLC Town of Mamaroneck, NY Nege 70 of 187 Town or Mamaroneck, NY 6enehtSurvey December 2022 181. 4° LL abed GovHR USA, LLC Health - Employee Only Health - Family Health - Buyout Health - Retiree Comparable Entity Employer Percentage Employer Percentage Buyout Amount I Bedford (Town) 83% Briarcliff Manor (Village) 83% Annual amount is $5,000 paid in 26 pay cycles Offer retiree Insurance? If Employer so, describe: Percentage Yes 85% depends on bargainning unit depends on bargainning unit Yes, depends on union or non -union 10 years of service minimum non -union 100% Bronxville (Village) 85% Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Hasting-On-Hudson (Village) Mamaroneck (Village) 85% 100% 100% n/a No Yes 65% 10 years of service and collecting NYS pension 100% 85% 85% 1/3 of the total premium less what they would 15 yrs svc for non - have contributed union/20 yrs svc for union varies up to 100% varies up to 100% CSEA: 2,000 - single, 3,000 - family. Also, 1,500 if entitled to family and they choose single. PBA: 3,250 for single, 6,500 for family $3,000 for individual opt -out; $6,000 for family opt -out 80% 80% Mount Pleasant (Town New Castle (Town) varies 75-86.5% Based on employee eligibility for either single or family plan 100% 10 years of service 20 years of service 10 years of service 47.50% 100% 100% varies 75-86.5% varies by union 80% 10 years of service 80% n/a North Castle (Town) Port Chester (Village) 75% 85% Rye (City) i 75% Rye Brook (Village) 90% n/a varies 75% No 85% 75% All ee's hired after 2017 Varies from $1,000 to $8,000 depending on option 25% monthly premium Retirees hired after June 1, 2020 n/a 75% 85% Pay 100% for 10 yrs of service Fire/Pay 75% for Police 75% $900 for employee only opt out; $2,000 for family opt out Yes 90% employee only; 75% family Scarsdale (Village) 95% 95% 25% of annual premium Yes, either 10 or 20 years of service depending on retirement eligibility 100% Stony Point (Town) 90% 90% Considering in 2023 10 yrs of service 1 100% Tarrytown (Village) 90% 90% Cost of alternative health insurance x 1.32 = $1,000 Percentage paid by employer depends on hire date 100% Average 85.6% Mamaroneck 84.5% Varies 85-95% Varies 85-95% n/a $4,000 for individual $5,000 for family n/a 89.0% Typically 10 yrs of svc to earn it. Language varies by Majority 100% or employment agreement. not specified Some state 15 yrs of svc Town of Mamaroneck, NY Page 65 BPneMS rvey Decem0er2022 181. 40 ZL abed GovHR USA, LLC Dental - Employee Only Dental - Family Dental - Retiree Comparable Entity Employer Percentage Bedford (Town) 100% Briarcliff Manor (Village) n/a Bronxville (Village) 100% Cortlandt (Town) 100% Employer Percentage n/a n/a 100% 100% Croton -On -Hudson (Village) 100% Offer retiree Insurance? If so, describe: 100% n/a No No 10 years of service and collecting NYS pension n/a Eastchester (Town) 75% n/a n/a Hasting-On-Hudson (Village) 100% Mamaroneck (Village) Mount Pleasant (Town) 100% Yes 100% 100% No Employer Percentage No n/a 100% No n/a 0% No 100% 100% Yes 0% New Castle (Town) 100% North Castle (Town) n/a 100% n/a n/a n/a 20 years of service 70% Port Chester (Village) 100% 90% n/a n/a Rye (City) 100% Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) 70% n/a n/a 100% 100% Yes 100% 100% 100% n/a n/a 90% 90% 10 years of service 100% 100% Average Mamaroneck 97.7% 100% 96.2% 100% 100% 20 years of service with Village n/a Cobra ottered 100% 67.1% N.A Town of Mamaroneck, NY Page 66 Town or Mamaroneck, NY 6enehtSurvey December 2022 181. 40 £L abed GovHR USA, LLC Comparable Entity Bedford (Town) Vision - Employee Only Vision - Family Vision - Retiree Employer Percentage Employer Employer Percentage Percentage 100% 100% No Briarcliff Manor (Village) Bronxville (Village) n/a 100% n/a No 100% No Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) 100% 100% No n/a n/a n/a 0% cost above single n/a Hasting-On-Hudson (Village) Mamaroneck (Village) 100% 100% 100% 100% Mount Pleasant (Town) 100% 100% 0% No 0% New Castle (Town) 100% North Castle (Town) 100% n/a n/a n/a 70% Port Chester (Village) Rye (City) 100% n/a n/a Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Averag Mamaroneck 100% 100% n/a 100% 100% n/a 100% 100% n/a 90% 90% 100% 85% 85% n/a 91.1% 97.9% 42.5% 100% 100% N/A Town of Mamaroneck, NY Page 67 Town or Mamaroneck, NY 6enehtSurvey December 2022 181. 40 171 abed GovHR USA, LLC Comparable Entity Bedford (Town) Briarcliff Manor (Village) Life Insurance - Employee Life Insurance - Retiree Employer Percentage n/a 100% Amount of Employee Employer Percentage Coverage n/a $10,000 for Police n/a $10,000 for Police Bronxville (Village) 100% varies Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) 100% 100% Mgt = 2xsalary, all others $10,000- $20,000 $50,000 Offer deferred compensation? No NYSDCP No 457 and 457 Roth No n/a No State deferred comp program 100% $10,000 n/a Hasting-On-Hudson (Village) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Average Mamaroneck not offered 100% not offered $50,000 - AD&D and $50,000 - Life 0% n/a n/a n/a 100% 100% 100% n/a 100% 90.9% 100% employee selects coverage n/a n/a n/a Admin: lx annual salary, Police: $50,000 $40,000 $40,000 coverage under the age of 70 $20,000 coverage age 70+ n/a $50,000 n/a $10,000 not offered No No n/a n/a n/a 0% n/a n/a n/a NYS deferred compensation Roth and 457 through NYSDSCP NYS deferred compensation NYS deferred compensation n/a NYS deferred compensation n/a NYS deferred compensation n/a NYS deferred compensation Same as active employees n/a Yes NYS deferred compensation $5,000 n/a NYS Deferred Compensation 457b Town of Mamaroneck, NY Page 68 Town or Mamaroneck, NY 6enehtSurvey December 2022 L81, 40 8L abed Comparable Entity I Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Hasting-On-Hudson (Village) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Average Mamaroneck GovHR USA, LLC Number of sick days granted to Can accrued sick time be employees per rolled over from year to year? Year 13 12 Unlimited can accumulate up to 260 days 10 Sick Leave Can employees receive any payouts for accrued sick time? Do you offer incentives pertaining to use of Sick Leave? Pay -outs for accrued sick time if they retire or leave employment in good standing Yes n/a No Police receive payouts/all others receive retirement credit No based on bargainning agreement No Management only At retirement: Union - excess of 165 days paid out up 15 union members are capped at to a max of 55 days. Non -union - 1/2 of sick leave up a max of 250 sick days to a max of 100 days paid out 15 up to 180 days 0 day used in calendar year = $1,000; 1 day used in calendar year = $500; 2 days used in calendar year = $250 n/a If ee does not use any sick days, they receive $1,250 incentive payment. If ee uses one or two days, they receive $750. If ee uses three days they receive $500. Upon separation of employment paid for 1/2 of accrued sick time up to a max 75 days No 12 unused rolled over to next yr based on bargainning agreement based on bargainning agreement, must take less than 3 days pe ear 15 up to 260 days Payout at retirement based on years of svc 12 roll over max varies by union 14 8 12 15 15 n/a If an employees uses less than 2 sick days per year Upon retirement varies by union n/a up to 250 days yes At retirement, amount depending on years of service Fire staff maximum 165 days Police staff maximum 365 Admin, Clerical, Public Works maximum 250 days Yes, for the purpose of applying days towards the retirement benefit Upon separation, up to180 paid at rate effective during year earned n/a No n/a No Addt'I 3 days if employee does not take more than 2 sick days within the fiscal year Clerical staff annually 0 days taken - receive 30 hrs pay 1 day taken - receive 20 hrs pay 2 days taken - receive 16 hrs pay 3 days taken - receive 12 hrs pay 4 days taken - receive 8 hrs pay For 4 or less day used in a year, bonus hours will be paid 15 No limit on roll over 18 Roll over to max of 197 days 12 13.3 12 yes n/a Yes, without limitation on accumulation At reirement: up to 40% of unused accrued sick time to vacation time, max of 2,500 hours. Village Manager has the discretion to pay out in lump sum, or over 26 pp's No Up to 230 days. Mgmt paid $100 per day for days 1- 100 and $112.50 per day for days 101-230 No No No n/a Varies, may be able to apply unused days toward retirement service credit n/a addtn'I 3 days per qtr if you don't use any sick time. Perfect attendance bonus of $400. Some specify payout for sick leave upon separation other than cause. Town of Mamaroneck, NY Page 69 Town or Mamaroneck, NY 6enehtSurvey December 2022 L91.40 9L abed Comparable Entity Bedford (Town) lto5 6to10 Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) 10 15 10 15 10 15 10 15 Croton -On -Hudson (Village) 15 20 Eastchester (Town) 10 1 15 Hasting-On-Hudson (Village) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) 10 16 10 15 n/a n/a 10 15 10 15 10 15 10 15 10 15 12 21 10 15 Average 10.5 15.8 Mamaroneck GovHR USA, LLC 11 to 15 16 to 20 21+ 20 25 25 Vacation Can accrued vacation time roll over from Can employees receive any pay -outs for accrued vacation time? Please year to year? If yes, please describe: describe: Max of 10 days. Additional days can be rolled over with written authorization by Town Supervisor White Collar can cash in 5 vac days per year. Admini can cash in up to 3 weeks. Blue Collar and PBA members cannot cash out vacation. Unused vacation days are paid out at time of retirement or leave in good standing. 20 20 25 Up to one year Yes, per union contract 20 20 25 Discretion of Village Administrator 20 25 30 Yes, but employee must take at least one week off Up to 2 years worth for AFSCME and 3years worth for Teamsters and MGT 20 20 20 20 22 22 20 20 25 20 24 25 30 days can carry over No At separation Up to 5 days with approval, must be used in first qtr of following year n/a n/a n/a 20 20 25 Up to one year of vacation time n/a n/a Up to 10 days Payment received for all accrued and unused vacation Upon separation will receive pay our for unused time based on bargainning agreement Up to one week of vacation per year can be paid out if elected by October 1 n/a 20 20 25 up to 5 days 20 20 20 20 30 20 25 25 25 25 25 30 30 Admin staff 36 days no minimum service Clerical/DPW/Fire/Police staff 36 days - 10 years service n/a No No Admin staff - 10 days Clerical staff - 5 days after 5 years service With approval of Village Administrator Can roll over up to as much time as they earn in one year Unused is paid upon separation Up to 5 days of earned and accumulated vacation each calendar year Can only carry over the previous years time given 20 20 up to 2 years accrual 1 20.8 22.1 24.9 Varies, between 15-25 n/a When the employee retires, if they have any vacation days on the books they can get paid out Management can receive payment for up to 2 weeks of vacation per fiscal year Carryover is permitted with approval of the Town Administrator. Typically capped at 1 years entitlement. n/a Payment of unused time at separation Town of Mamaroneck, NY Page 70 Town or Mamaroneck, NY 6enehtSurvey December 2022 L81, 40 LL abed GovHR USA, LLC Comparable Entity Personal Days Number of Can personal days be carried over personal days or coverted to other types of granted per year leave? Bedford (Town) 4 Briarcliff Manor (Village) 3 Bronxville (Village) 4 Cortlandt (Town) 4 Croton -On -Hudson (Village) 6 Eastchester (Town) 5 Hasting-On-Hudson (Village) 4 Mamaroneck (Village) 6 Mount Pleasant (Town) n/a New Castle (Town) 5 North Castle (Town) 5 Port Chester (Village) 4 Rye (City) 5 Rye Brook (Village) 5 Scarsdale (Village) 5.5 Stony Point (Town) 7 Tarrytown (Village) 5 Average 4.8 Mamaroneck Unused personal days converted to sick time Unused personal days converted to sick time No Unused personal days converted to vacation or sick time Unused personal days converted to sick time Unused personal days converted to sick time No Unlimited personal time. Unused personal days converted to sick time n/a n/a No Unused personal days converted to sick time Unused personal days converted to sick time No No roll over Unused personal days converted to sick time Unused personal days converted to sick time n/a Town of Mamaroneck, NY Page 71 Town or Mamaroneck, NY 6enehtSurvey December 2022 Holidays New Years New Years Good Friday/Spring Independence Day After Comparable Entity Eve Day MLK Day President's Day Holiday Memorial Day Juneteenth Day Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Thanksgiving Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) X X X 1/2 X x x 1/2 X X X X Croton -On -Hudson (Village) Eastchester (Town) Hasting-On-Hudson (Village) Mamaroneck (Village) Mount Pleasant (Town) 1/2 New Castle (Town) n/a North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Average (nimaroneck CD v a) 0 —h a) GovHR USA, LLC X X X X X X x x x x x x X x x x x X x x x x x x X X X X X X X X X X n/a n/a n/a n/a n/a n/a n/a X X X X X X X X X X x x x X x x X x x x X (Washington's Birthday) X I I n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a X X X X X X X X X X X X X x x x x x X x x x x x X x x x x X x x x x x X Town of Mamaroneck, NY Christmas Eve Christmas Day X X 1/2 X n/a n/a n/a n/a 1/2 X Page 72 Town or Mamaroneck, NY 6enentSurvey December 2022 181. 40 6L abed GovHR USA, LLC Comparable Entity I Bedford (Town) Misc. Short -Term Disability: Offer short- Long -Term Disability: Offer Total: term disability? If yes, please long-term disability? If yes, describe please describe 15 Briarcliff Manor (Village) X 14 Bronxville (Village) X 13 Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Hasting-On-Hudson (Village) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) X X No No No No 14 Employee paid only No No Employer paid for management, all others are employee paid 14 Offer Aflac or Allstate I Offer Aflac or Allstate 12 12 No No No No X 14 NYS Short -Term Disability n/a n/a offer Aflac n/a n/a X 13 2 14 n/a No n/a offer Aflac n/a No n/a n/a NYS Disability Insurance Program 2 13 in accordance with Section 237 of WC Law 2 Stony Point (Town) 3 Tarrytown (Village) X Average Mamaroneck 2 - Lincoln's Bday, & Floating Holiday n/a 13 Yes n/a 14 n/a n/a 13 50% pay for 6 months with Board No approval 13 No No 13.4 n/a n/a Attendance benefit permitted if the claim is approved. Upon the May elect Aflac coverage 13.5 6th working day, drop down to and pay for through payroll counting as half days and the deductions Town receives benefit oavment. Town of Mamaroneck, NY Page 73 Town or Mamaroneck, NY 6enehtSurvey December 2022 L81. 40 08 abed GovHR USA, LLC Comparable Entity Bedford (Town) Offer vehicle incentives? Offer use of a vehicle? Town Supv gets a $6,000 auto allowance Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) No Police Chief may take vehicle home for emergency Director of DES (DPW) - $4,000/year Croton -On -Hudson (Village) Eastchester (Town) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) Port Chester (Village) Rye (City) Comm of Highways, Deputy Comm of Highways, Recreation Supt., Bldg Inspector, Comptroller, Police Chief, General Foreman, Asst General Foreman, Lead Maint Mechanic. Vehicles used to commute and limited personal use before and after work with a 50 mile radius from the Town. Town pays all vehicle expenses. DPW Super, DPW Foreman, DPW Assistant Foreman, Water Foreman, Village manager. Pool cars for Parks Foreman, Engineer, Building Inspector, Rec Super Police Chief, Administrator, Asst. Administrator, and Building Inspectors have access to their own municipal vehicle n/a Village Manager, Village Engineer, Supt of Public Works, General Foreman and Assistant General No Foremen have take-home vehicles. The Code Enforcement Officer/Fire Inspector is also permitted to take a vehicle home as he resides in the Village No Supt of Highway and Police Chief are permitted to take a vehicle home Employees can be reimbursed for Village- Hasting-On-Hudson (Village) related travel ($0.325 /mile) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) No n/a n/a No n/a n/a n/a n/a No Village Manager and Building Staff have usage of Village vehicles Take home vehicles for employees who are on call 24/7. Use of vehicle to employees who need them during their work day (ex: building department) n/a n/a Police Chief, Highway Foreman receive take home vehicles n/a Determined by City Manager depending on position. Employee gets taxed on paycheck based on value of vehicle n/a Certain positions are allowed to take-home vehicles: Village Manager, Water Superintendent, Superintendent of Public Works, Building Inspector, Police Chief, Fire Chief, Village Engineer Some positions require a vehicle; Parks, Highway, Building Inspector, Sewer dept $300/month car allowance for Village Administrator Superintendent of DPW, Village Engineer, Police Chief Average n/a Mamaroneck Varies n/a Varies Town of Mamaroneck, NY Page 74 Town or Mamaroneck, NY 6enehtSurvey December 2022 L8I 4° 1,8 abed GovHR USA, LLC Comparable Entity Stipends: Please list any stipends paid: Bedford (Town) PBA - EMT Stipend $2,475 PBA - Education Stipend $1,675 PBA - Certified 1st Responder $2,025 Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) Croton -On -Hudson (Village) Eastchester (Town) Hasting-On-Hudson (Village) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) North Castle (Town) No n/a range $2,500-$5,000 n/a Nighttime Cleaner 3,723 & 5,785, Comptroller's Office additional duties 5,000, Library Maint late night stipend 6,146, Recreation for weekend and night events 5,000 No Code Enforc - $5,000, Small Equip Repair - $5,000, Speciality Maint (Carpenter) - $5,000, Masonry - $5,000, Assist General Foreman - $5,000, Sewer Foreman - $5,000, HMEO/Yard Waste - $1,000, Oversight and Audit Control of the Bldg Dept - $12,000, Emergency Opers Center $6,500, and Pesticide Spray- $12,000. n/a n/a Deputy Clerk- 10,000 stipend Port Chester (Village) n/a Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) Tarrytown (Village) Average n/a n/a n/a n/a $2000/month to maintain Class 1-B water operator license, $1000 per year for sweeper Mamaroneck n/a Fleet manager gets $450 clothing and $300 tool allowance. Some ee's receive an actual cellphone and some get an allowance. Supt. of Bldgs receives $450 clothing allowance and housing benefit. Highway Foreman receives $450 clothing and shoe allowance. Police Chief gets other various benefits available in the PBA. Such as subsitutiaton for vision insurance for the wellness benefit. Town of Mamaroneck, NY Page 75 Town or Mamaroneck, NY 6enehtSurvey December 2022 L81.40Z8abed GovHR USA, LLC Comparable Entity Bedford (Town) Briarcliff Manor (Village) Bronxville (Village) Cortlandt (Town) L Croton-On-Hudson (Village) Eastchester (Town) Gym/Health Club: Offer any reimbursement options? No No No No n/a No Hasting-On-Hudson (Village) Mamaroneck (Village) Mount Pleasant (Town) New Castle (Town) No n/a Longevity: Offer longevity incentives? Longevity payments vary based on classification and years of svc. Payment range from $500 to $4,300 Varies based on Union vs. Non -Union. Begins at 7 years of service and dollar amount ranges from $600 to $1 566 •er ear Police have longevity: After 5 years = $1,000, after 10 years = $1,500, after 15 years = $2,000, after 20 years = $2,500 varies per union from 5 years ($1,685) to 30 years ($6,000) Non -union: $750 after 8 years, $900 after 13 years, $1,100 after 18 years, $1,300 after 23 years Union: $400 after 8 years, $800 after 12 years, $1,200 after 16 years, $1,600 after 20 years, $2,000 after 24 years, $2,400 after 28 years, $2,800 after 32 years. after 10 years $800; after 15 years $1,300; after 20 years $1,700; after 25 years $2,300 Varies based on union and non union staff, beginning after 5 years of service, range from $875 up to $1,425 After 10 years of service: $2,000 After 15 years of service: $2,200 After 20 years of service: $2,400 After 25 years of service: $2,600 n/a n/a n/a 5-9 years = $2,050, 10-14 years = $2,250, 15-19 years = $2,500, 20+ years = $2,850 North Castle (Town) Port Chester (Village) Rye (City) Rye Brook (Village) Scarsdale (Village) Stony Point (Town) No n/a n/a n/a Longevity varies based on position and years of service fro $800 to $1,900 AFSCME agreement includes longevity pay plan steps All longevity addition to base salary Admin staff 7 yrs - $1,000 12 yrs - $2,000 17 yrs - $2,700 22 yrs - $3,000 30 yrs - $3,500 Clerical & Public Works staff 7 yrs - $600 10 yrs - $600 15 yrs - $650 20 yrs - $650 Fire staff 9 yrs - $700 14 yrs - $750 19 yrs - $800 Police staff 7 yrs - $1,100 12 yrs - $2,000 17 yrs - $2,900 After 8 Years $300 per year; After 12 Years $550 per year; After 16 Years $800 per year n/a n/a Tarrytown (Village) Average No No longevity for non -union positions Only Police have longevity Yes, see spreadsheet n/a Mamaroneck Yes up to $375 nia Yes, mostly mirrors CSEA 7-10yrs = $675; 11-14 yrs = $800; 15-18 yrs = $925; 19-25 yrs=$1,050; 25+ = $1,175 Town of Mamaroneck, NY Page 76 fll,lhr:]E 7 Ir;r, 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: Governor Hochul's Affordable Housing Proposal Date: March 9, 2023 Attached is a resolution regarding Governor Kathy Hochul's "New York Housing Compact" for your review and consideration. As you know, the compact could potentially have significant impacts on every community, including the Town. Should you wish to approve this resolution, I offer the following resolution language. Action Requested: Resolved that the Town Board hereby approves the resolution regarding Governor Kathy Hochul's "New York Housing Impact" . Attachments: 2023-03-03-resolution FINAL (002) Page 83 of 187 RESOLUTION regarding Governor Kathy Hochul's "New York Housing Compact" which consists of the "New Homes Targets and Fast -Track Approval Act" and the "Transit -Oriented Development Act of 2023" WHEREAS, Governor Kathy Hochul's Executive Budget for the year ending in 2024 includes a "New York Housing Compact"; which consists of the "New Homes Targets and Fast -Track Approval Act" and the "Transit -Oriented Development Act of 2023", and WHEREAS, the Governor claims that the "New Homes Targets and Fast -Track Approval Act" (Act) is necessary in order to forestall restrictive land use practices that inhibit and limit housing development, and WHEREAS, the Town of Mamaroneck has demonstrated its commitment to affordable housing by adding to its zoning ordinance an extensive section that provides for fair and affordable housing (Town Code § 240-28), and WHEREAS, the Town presently is updating its comprehensive plan with a look toward increasing the number of fair and affordable housing units that can be built within the Town, and WHEREAS, the Act would amend General Municipal Law and override the Town's adopted land use regulations and would delay the Town Board from finalizing an updated comprehensive plan as the Board would have to review the plans content with respect to zoning against the backdrop of the Act, and WHEREAS, the Act would require the Town to meet or exceed a Residential Dwelling Growth Target or enact by local law two of five "preferred actions" in order comply with the Act and therefore be deemed to be within the Act's "Safe Harbor", and WHEREAS, the Town lacks undeveloped space and underutilized office campuses or shopping centers that can be converted to large scale housing developments, and WHEREAS, the Act does not consider, let alone provide solutions for, the tremendous impact that the Act will have on the cost of the expanded municipal services, such as (1) education, (2) police, fire, ambulance, highway and household garbage and trash removal and recycling services and (3) upgraded or new infrastructure to prevent flooding caused by stormwater and to treat and dispose of wastewater, all of which will be required in order to provide for the health, safety and welfare of the residents of, persons employed by business in, and visitors to the Town, and WHEREAS, the Act would allow the Town to appeal determinations of non-compliance with the Act to a new State Housing Review Board that is unfamiliar with local issues and conditions, thereby usurping the Home Rule authority of local land use boards who understand the local community, and WHEREAS, the "Transit -Oriented Development Act of 2023" would amend Town Law to adopt land use regulations within three years, for higher density development for areas located within one half mile of any publicly accessible areas of an MTA transit station; and 1 Page 84 of 187 WHEREAS, the area of the Town closest to Metro -North's Larchmont train would fall into Tier 1 of transit -oriented development, requiring aggregate development of 50 residential dwelling units per acre within a 1/2 mile of that train station; and WHEREAS, the majority of the property in the Town that is closest to Metro -North's Larchmont train station already is improved with, and zoned for multi -family housing, and WHEREAS, the buildings in the densely developed area near the Larchmont train station either are relatively new, like the Cambium, or in good physical condition, making it infeasible for a developer to pay to demolish them in order to build housing with greater density, and WHEREAS, the new amended Town Law would create exemptions from environmental review under the State Environmental Quality Review Act which would prevent the Town and its land use boards from taking responsible study and evaluation of proposed development on the existing and proposed road network, on volunteer emergency services, on police and fire department staffing, on the numbers of employees and volunteers needed for the ambulance corps, on the number of employees needed to provide household garbage and trash removal and recycling services, on the ability of the school district to absorb new students, on the need for new school buildings to be constructed, on traffic and on street parking and other matters that are evaluated for their potential impact on the environment, and WHEREAS, the new amended Town law would prohibit municipalities from adopting reasonable and appropriate development regulations to ensure that development is compatible with the surrounding uses, such as lot coverage, open space, building height, setbacks, floor area ratios or parking restrictions; and WHEREAS, the Town shares many of the same goals as the Governor but considers the adoption of one set of rules for each of the 40 cities and 1,481 towns and villages of the State of New York as completely ignoring the unique characteristics of each community, and WHEREAS, the residents of the Town will be disenfranchised since the Act in many ways will circumscribe the power of their local elected officials and local land use boards, and WHEREAS, the Town Board is concerned that the Act and the "Transit -Oriented Development Act of 2023" can have the unintended consequence of providing a mechanism for people to earn huge profits without providing lower cost housing, and WHEREAS, the Town Board finds that as a whole, the Act and the "Transit -Oriented Development Act of 2023" do not consider significant, legitimate concerns of local governments. NOW THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck is adamantly opposed to the "New Homes Targets and Fast -Track Approval Act" and the "Transit -Oriented Development Act of 2023", and BE IT FURTHER 2 Page 85 of 187 RESOLVED, that the Town Clerk distribute copies of this resolution to the Governor, to the Town s representatives in the State Assembly and the State Senate, to the State Senators and the Members of the State Assembly who sponsored these Acts and to the Westchester Putnam Association of Town Supervisors. The above resolution was put to a roll call vote: March 3, 2023 Nichinsky King Fiddelman Katz Elkind Eney 3 Page 86 of 187 fll,lhr:]E 7 Ir;r, 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: Public Housing Authority Resolution Date: March 9, 2023 Attached is a resolution to transfer the Town of Mamaroneck Public Housing Authority Housing Choice Voucher Program to the New York State Division of Housing and Community Renewal. As you know, there have been a number of concerns we have regarding the continuation of our administration of this program. Unfortunately, it is my strong recommendation that the Town transfer responsibility for this program. It will still remain a local program within the county to serve qualified applicants for this voucher program. So that there is no confusion, this just refers to our community services operations, not to the Town of Mamaroneck Housing Authority established pursuant to Section 569 of the Public Housing Law that manages the Hommocks Park Apartments. Action Requested: Resolved that the Town Board hereby authorizes Town Administrator to transfer the Town of Mamaroneck Public Housing Authority Housing Choice Voucher Program to the New York State Division of Housing and Community Renewal and hereby authorizes the Town Administrator to execute any related documents necessary to carry out its implementation. Attachments: Resolution NO. 42A 2023 Page 87 of 187 RESOLUTION NO. 42A, YEAR 2023 RESOLUTION AUTHORIZING THE TOWN ADMINISTRATOR, AS EXECUTIVE DIRECTOR, TO MAKE A FORMAL WRITTEN REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO TRANSFER THE TOWN OF MAMARONECK PUBLIC HOUSING AUTHORITY HOUSING CHOICE VOUCHER PROGRAM TO THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL WHEREAS, the Town of Mamaroneck Public Housing Authority (TOM PHA), as a public housing agency and unit of the Town of Mamaroneck (the "Town"), has entered into Annual Contribution Contracts with the United States Department of Housing and Urban Development (HUD) to operate a Housing Choice Voucher Program (the "Program") in and for the Town; and WHEREAS, the Town has determined that it is no longer cost-effective and administratively feasible for the TOM PHA to operate the Program; and WHEREAS, HUD, per HUD Notice PIH 2O18-12 Notice, dated June 28, 2018 (the "HUD Notice"), provides the process to permit the voluntary transfer of a Housing Choice Voucher Program from one Public Housing Agency to another, if the "divesting" and "receiving" entities agree to such transfer and undertake the responsibilities outlined in the HUD Notice; and WHEREAS, the Town has determined that the Program may be transferred to become part of the Housing Choice Voucher Program operated through the New York State Division of Housing and Community Renewal, a Public Housing Agency (NY 904); and WHEREAS, the Town has determined that after the transfer, the Program will continue to serve the current participants and residents of the Town of Mamaroneck through said transfer; and WHEREAS, the Town is aware that such a transfer is permanent and cannot be reversed: NOW, THEREFORE, BE IT RESOLVED, that the Town Administrator, as Executive Director, is hereby authorized to make a formal written request to HUD in accordance with the HUD Notice, to transfer the TOM PHA Program to the New York State Division of Housing and Community Renewal upon Page 88 of 187 due consent of the New York State Division of Housing and Community Renewal, to become effective July 1, 2023 or such later date as HUD may direct; and, BE IT FURTHER RESOLVED, that the aforesaid letter shall include the information required by the HUD Notice and be accompanied by this resolution; and BE IT FURTHER RESOLVED, that upon approval of the request by the HUD, the Town Administrator, as Executive Director, is hereby authorized to take any lawful act and sign any documents necessary to effectuate said transfer, including but not limited to procuring and entering into a contract with an independent public accountant to conduct the close-out audit required pursuant to paragraph "6" of the HUD Notice, all documents for the Town Administrator's signature to be of a form and content approved by the Town Attorney, and BE IT FURTHER RESOLVED, that the PHA and the Town are authorized to take such further actions as are required by the HUD Notice. Page 89 of 187 fll,lhr:]E 7 Ir;r, 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: William Maker Jr., Town Attorney Re: The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law Date: March 9, 2023 Attached is a memo from Town Attorney, Bill Maker providing clarification for the criterion that must be met to qualify under the Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law. Action Requested: Resolved that the Town Board hereby sets a Public Hearing for April 4, 2023 for "The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law". Page 90 of 187 Town of Mamaroneck Town Attorney, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: March 7, 2023 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney Subject: The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law General: Real Property Tax Law 466-a 1 allows a partial exemption from real estate taxes for "an enrolled member" of a fire department or an incorporated voluntary ambulance service. RPTL 466-a (3) demonstrates that "enrolled" is not synonymous with "active" as its opening line reads: "Any enrolled member ... who accrues more than twenty years of active service ...." The exemption is accomplished through passage of a local law and can range between 1% and 10% (see RPTL 466-a 1). A person applying for the exemption must satisfy four criteria. First: the applicant must "reside[] in the ... town ...which is served by such ... fire department or incorporated volunteer ambulance service ...." (see RPTL 466-a 2 [a]). This language leaves unanswered the following hypothetical: The primary residence of Firefighter Richbell of the Town's fire department is in one of the two Villages in the Town. Richbell resides in the Town, albeit one of the villages, but is a member of a fire department that does not serve the Village where Richbell lives. Is Richbell eligible for an exemption from the Town tax? One can argue that Richbell is entitled to the exemption because Richbell "resides in the ... town" and the Town "is served by ... [the] fire department" of which Richbell is a member. A counterargument is that to be eligible, Richbell would have to reside in the unincorporated area of the Town since that is the portion of the Town "which is served by such ... fire department." Page 91 of 187 In my view, Richbell satisfies this criterion, although the Office of Real Property Tax Services has not opined on this hypothetical. Nor has the State Comptroller. Either or both may come to the opposite conclusion. Second: the property for which the exemption is sought must by the applicant's primary residence (see RPTL 466-a 2 [b]). Third: the property must be "used exclusively for residential purposes"; however, if the applicant owns a mixed -use building, the portion that is the applicant's residence can be granted an exemption but the section of the building not used as the applicant's residence does not benefit from the exemption (see RPTL 466-a 2 [c]). Note the contradiction within this section. It says that the property must be "used exclusively for residential purposes" but goes on to allow a mixed -use building to qualify for a partial exemption. Fourth: the applicant must be "certified by the authority having jurisdiction for the ... fire department, or voluntary ambulance service as an enrolled member ... as determined by the governing body of a . .. town" (see RPTL 466-a 2 [d]). The Town Board, acting as Fire Commissioners, is the "authority having jurisdiction" over the Fire Department and the Town Board. Therefore, it is the "duty and responsibility of the [Town Board] to determine the procedure for certification" (see RPTL 466-a 2 [d]). One matter that is out of the control of the Town Board is the service requirement. The law explicitly mandates that that an applicant must achieve a minimum service requirement. The Town board has the flexibility of setting that minimum requirement at between two and five years (see RPTL 466-a 2 [d]). The statute rewards longevity. If the local law so provides "[a]ny enrolled member of ... [a] fire department or voluntary ambulance service who accrues more than twenty years of active service and is so certified ... shall be granted the ten percent exemption ... for the remainder of his or her life as long as his or her primary residence is located within such county" (see RPTL 466-a 3). Note that there is no flexibility in the amount of the percentage. The only reason I can think of why only the "county" is contained in this subsection is to cover the following scenario. Community A certifies Firefighter B as an enrolled member with twenty years of active service in Community A fire department. Firefighter B buys a home in Community C that becomes the firefighter's primary residence. Firefighter B enrolls in Community C's fire department. The statute can be interpreted to mean that Firefighter B is allowed a 10% exemption from Community C's taxes even though Firefighter B has not met the service requirements set by Community C. The statute continues with exemptions for un-remarried spouses of deceased volunteer firefighters or volunteer ambulance workers (see RPTL 466-a 4 and 5). These exemptions cannot be granted in the same local law that creates the exemption for living volunteer firefighters and volunteer ambulance workers but can be put in place through an amendment to the local law creating the exemption or by "a local law ... separately adopted" (see RPTL 466-a 4 and 5). The exemption given to a volunteer firefighter or volunteer ambulance worker KILLED in the line of duty will continue for the benefit of the un-remarried spouse provided: Page 92 of 187 • such spouse is certified "by the authority having jurisdiction" as being an un-remarried spouse, • the deceased volunteer "had been an enrolled member for at least five years", and • the deceased volunteer had been receiving this exemption prior to death (see RPTL 466-a 4). The exemption given to a volunteer firefighter or volunteer ambulance worker who dies other than in the line of duty will continue for the benefit of the un-remarried spouse provided: • such spouse is certified "by the authority having jurisdiction" as being an un-remarried spouse, • the deceased volunteer "had been an enrolled member for at least twenty years", and • the deceased volunteer had been receiving this exemption prior to death. • (see RPTL 466-a 4). The last bullet points may be the reason why the benefit given to un-remarried spouses cannot be enacted simultaneously with the creation of the exemption. It appears to me that since the statute requires certifications at all levels, the local law must provide that these certifications be made annually. Attachments: 466-a Volunteer firefighters and volunteer ambulance workers 2023-03-10-LL Page 93 of 187 § 466-a. Volunteer firefighters and volunteer ambulance workers, NY RP TAX § 466-a PliKeyCite Yellow Flag - Negative Treatment Proposed Legislation McKinney's Consolidated Laws of New York Annotated Real Property Tax Law (Refs & Annos) Chapter 50-a. Of the Consolidated Laws Article 4. Exemptions Title 2. Private Property McKinney's RPTL § 466-a § 466-a. Volunteer firefighters and volunteer ambulance workers Effective: December 9, 2022 Currentness <[As added by L.2022, c. 670, § 1. See, also, § 466-a as added by another act.1> 1. Real property owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service or such enrolled member and spouse residing in any county shall be exempt from taxation to the extent of up to ten percent of the assessed value of such property for city, village, town, part town, special district, school district, fire district or county purposes, exclusive of special assessments, provided that the governing body of a city, village, town, school district, fire district or county, after a public hearing, adopts a local law, ordinance or resolution providing therefor. 2. Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service residing in such county unless: (a) the applicant resides in the city, town or village which is served by such incorporated volunteer fire company or fire department or incorporated voluntary ambulance service; (b) the property is the primary residence of the applicant; (c) the property is used exclusively for residential purposes; provided however, that in the event any portion of such property is not used exclusively for the applicant's residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; and (d) the applicant has been certified by the authority having jurisdiction for the incorporated volunteer fire company, fire WESTLAWV OO 2023 Thomson Reuters. No claim to original U.S. Government Works. Page 94 of 187 § 466-a. Volunteer firefighters and volunteer ambulance workers, NY RP TAX § 466-a department, or voluntary ambulance service as an enrolled member of such incorporated volunteer fire company, fire department, or voluntary ambulance service, as determined by the governing body of a city, village, town, school district, fire district or county; provided, however, that such governing body shall establish a minimum service requirement for each applicant between two years of service and five years of service. It shall be the duty and responsibility of the governing body of each municipality, school district and/or fire district which adopts a local law, ordinance or resolution pursuant to this section to determine the procedure for certification. 3. Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than twenty years of active service and is so certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service, shall be granted the ten percent exemption as authorized by this section for the remainder of his or her life as long as his or her primary residence is located within such county provided that the governing body of a city, village, town, school district, fire district or county, after a public hearing, adopts a local law, ordinance or resolution providing therefor. 4. Un-remarried spouses of volunteer firefighters or volunteer ambulance workers killed in the line of duty. Any local law or ordinance adopted pursuant to this section may be separately amended, or a local law, ordinance or resolution may be separately adopted to continue an exemption or reinstate a pre-existing exemption claimed under such statutes by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, to such deceased enrolled member's un-remarried spouse if such member is killed in the line of duty; provided, however, that: (a) such un-remarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service as an un-remarried spouse of an enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who was killed in the line of duty; and (b) such deceased volunteer had been an enrolled member for at least five years; and (c) such deceased volunteer had been receiving the exemption prior to his or her death. 5. Un-remarried spouses of deceased volunteer firefighters or volunteer ambulance workers. Any local law or ordinance adopted pursuant to this section may be separately amended, or a local law, ordinance or resolution may be separately adopted to continue an exemption or rein -state a pre-existing exemption to an un-remarried spouse of a deceased enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service; provided, however, that: (a) such un-remarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service as an un-remarried spouse of a deceased enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service; and (b) such deceased volunteer had been an enrolled member for at least twenty years; and WESTLAVV OO 2023 Thomson Reuters. No claim to original U.S. Government Works. Page 95 of 187 § 466-a. Volunteer firefighters and volunteer ambulance workers, NY RP TAX § 466-a (c) such deceased volunteer and un-remarried spouse had been receiving the exemption for such property prior to the death of such volunteer. 6. Application for such exemption shall be filed with the assessor or other agency, department or office designated by the municipality, school district and/or fire district offering such exemption on or before the taxable status date on a form as prescribed by the commissioner. 7. No applicant who is a volunteer firefighter or volunteer ambulance worker who by reason of such status is receiving any benefit under the provisions of this article on the effective date of this section shall suffer any diminution of such benefit because of the provisions of this section. 8. Any city, village, town, school district, fire district or county that currently, through local law, ordinance or resolution, provides an exemption from taxation for an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service, such enrolled member and spouse, or an un-remarried spouse shall be authorized to continue to provide such exemption, provided however, such city, village, town, school district, fire district or county shall adopt a local law, ordinance or resolution to conform to the provisions of this section no later than three years after the effective date of this section. 9. Notice to affected municipalities. On or before December thirty-first, two thousand twenty-two, it shall be the duty of the commissioner or her or his designees to notify or cause to be notified, in a manner prescribed by the commissioner, the chief executive officer of each and any municipality in which former sections four hundred sixty -six -a, four hundred sixty-six-b, four hundred sixty-six-c, four hundred sixty-six-d, four hundred sixty-six-f, four hundred sixty-six-g, four hundred sixty-six-h, four hundred sixty-six-i, four hundred sixty-six-j, and four hundred sixty-six-k of the real property tax law apply, of the provisions of the chapter of the laws of two thousand twenty-two that added this section. Credits (Added L.2022, c. 670, § 1, eff. Dec. 9, 2022.) McKinney's R. P. T. L. § 466-a, NY RP TAX § 466-a Current through L.2022, chapters 1 to 841. Some statute sections may be more current, see credits for details. End of Document © 2023 Thomson Reuters. No claim to original U.S. Government Works. WESTLAWV OO 2023 Thomson Reuters. No claim to original U.S. Government Works. Page 96 of 187 Local Law No. - 2023 This local law shall be known as the "Partial Exemption from Real Property Taxation for Certain Members of the Town of Mamaroneck Fire Department and the Volunteer Ambulance Corps of the Unincorporated Area of the Town of Mamaroneck and the Village of Larchmont, Inc." Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The State of New York has enacted legislation, codified as § 466-a of the Real Property Tax Law, that enables a local government to adopt a local law, granting a partial exemption from real property taxes to certain members of volunteer fire departments and volunteer ambulance services. The purpose of this article is to set standards for, and to grant the exemption authorized by § 466-a of the Real Property Tax Law to real property owned by residents of the Town of Mamaroneck who qualify for it. Section 2 - Establishment of a new article in Chapter 195 of the Mamaroneck Code: Chapter 195 of the Code of the Town of Mamaroneck hereby is amended to add the following new Article XII Article XII Partial Exemption from Real Property Taxation for Certain Members of the Town of Mamaroneck Fire Department and the Unincorporated Area of the Town of Mamaroneck and the Village of Larchmont, Inc. § 195-48 Purpose § 195-49 Definitions § 195-50 Basic Exemption granted; conditions. § 195-51 Enhanced Exemption granted; conditions. § 195-52 [Reserved] § 195-53 [Reserved] § 195-54 Annual Certification § 195-48 Purpose The State of New York has enacted legislation, codified as § 466-a of the Real Property Tax Law that enables a local government to adopt a local law, granting a partial exemption from real property taxes to certain members of volunteer fire departments and volunteer ambulance services. The purpose of this article is to set standards for, and to grant the exemption authorized by § 466-a of the Real Property Tax Law to real property owned by residents of the Town of Mamaroneck who qualify for it. Page 97 of 187 § 195-49 Definitions As used in this article, the following terms shall have the meanings indicated: APPLICANT An enrolled member whose primary residence is in either the unincorporated area of the Town, the Village of Larchmont or the area of the Village of Mamaroneck that lies within the Town. ASSESSOR The Assessor of the Town. BOARD OF DIRECTORS The Board of Directors of the Volunteer Ambulance Corps of the Unincorporated Area of the Town of Mamaroneck and the Village of Larchmont, Inc. ENROLLED MEMBER A person who (1) in the case of the Fire Department, is certified by the Fire Chief as a member in good standing of the Fire Department or in the case of LVAC, is certified by the Board of Directors as a member in good standing of LVAC and (2) has met the minimum service requirement for the organization of which that person is a member. FIRE CHIEF The Fire Chief of the Town of Mamaroneck Fire Department FIRE DEPARTMENT The Town of Mamaroneck Fire Department LVAC The Volunteer Ambulance Corps of the Unincorporated Area of the Town of Mamaroneck and the Village of Larchmont, Inc. 2 Page 98 of 187 MINIMUM SERVICE REQUIREMENT At least [RANGE IS BETWEEN 2 YEARS AND 5 YEARS] of service in either the Fire Department or the LVAC with no discipline imposed. TWENTY-YEAR MEMBER An enrolled member who in the case of the Fire Department, is certified by the Fire Chief or in the case of LVAC, is certified by the Board of Directors as having been an active member of the organization of which that person is a member for a minimum of twenty years. § 195-50 Basic Exemption granted; conditions. Real property owned by an applicant and used as the applicant's primary residence shall be exempt from Town taxes, except district taxes, to the extent of [RANGE IS BETWEEN 1% AND 10%] of its assessed valuation, on the first assessment roll promulgated by the Assessor after the applicant files with the Assessor's office an application therefor together with a certification from the Fire Chief or the Board of Directors that the applicant is an enrolled member of the Fire Department or the LVAC, as the case may be, and on all assessment rolls promulgated thereafter so long as the applicant qualifies for this exemption. The application must be filed in the assessor's office on or before the Town's taxable status date which is May 1 of each calendar year in order for the applicant's primary residence to be granted this exemption for that year. § 195-51 Enhanced Exemption granted; conditions. Real property owned by a twenty-year member and used as the twenty-year member's primary residence shall be exempt from Town taxes, except district taxes, to the extent of ten (10%) percent of its assessed valuation, on the first assessment roll promulgated by the Assessor after the applicant files with the Assessor's office an application therefor together with a certification from the Fire Chief or the Board of Directors that the applicant is a twenty-year member of the Fire Department or the LVAC, as the case may be, and on all assessment rolls promulgated thereafter so long as the applicant qualifies for this exemption. The application must be filed in the assessor's office on or before the Town's taxable status date which is May 1 of each calendar year in order for the applicant's primary residence to be granted this exemption for that year. § 195-52 {Reserved] § 195-53 {Reserved] § 195-54 Annual Certification. A. On or before the first day of March in each year starting in 2024, the Fire Chief shall certify to the Assessor the names and residential addresses of the members of the Fire 3 Page 99 of 187 Department who as of the date of certification are in good standing with, and have met the minimum service requirement of the Fire Department, and the names and residential addresses of the twenty-year members of the Fire Department. B. On or before the first day of March in each year starting in 2024, the Board of Directors shall certify to the Assessor the names and residential addresses of the members of LVAC who as of the date of certification are in good standing with, and have met the minimum service requirement of LVAC, and the names and residential addresses of the twenty-year members of LVAC. C. Failure of the Fire Chief or the Board of Directors to furnish such certification shall be grounds for the Assessor to remove the exemption granted by this law on the next assessment roll. 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. March 10, 2023 4 Page 100 of 187 fll,lhr:]E 7 Ir;r, 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: Authorization of Supplemental Agreement #1 — NYSDOT Contract D040017 Waverly Avenue Bridge Replacement Date: March 9, 2023 Attached is a memo from Town Engineer, Robert Wasp, regarding a supplemental agreement with the New York State Department of Transportation for the receipt of grant funding towards the Waverly Avenue Bridge Replacement project. The supplemental agreement amends the contractual end date based upon the updated project schedule and authorizes scheduled funding for pending work related to right-of-way acquisition and construction. Action Requested: Resolved that the Town Board hereby approves the supplemental agreement with the New York State Department of Transportation and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 101 of 187 • Town of Mamaroneck Engineering Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: March 8, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Authorization of Supplemental Agreement #1 — NYSDOT Contract D040017 Waverly Avenue Bridge Replacement General: The Town previously entered into the referenced Federal -aid Local Project Agreement with the New York State Depaitinent of Transportation (NYSDOT) for receipt of grant funding towards the Waverly Avenue Bridge Replacement project. The 2018 grant received through the BRIDGENY program provides $1.75M in funding towards project costs. Fully executed copy of existing Contract # D040017 was provided to the Town in September 2019 and authorized early project phases for design and right- of-way incidentals related work. NYSDOT has provided the enclosed supplemental agreement that 1) amends the contractual end date based upon the updated project schedule; and 2) authorizes scheduled funding for pending work related to right-of-way acquisition and construction. The contractual end date will be extended until March 31, 2026 to provide sufficient timeline, with plentiful buffer, to complete all project obligations. Copy of resolution template provided by the NYSDOT is also enclosed with this agenda item for consideration by the Town Board. Authorization for advertisement of bid documents was recently received from the NYSDOT. Bid documents are scheduled to begin advertisement on March 9th with a target bid opening date of April 4th. It is contemplated that bid results and potential recommendation of construction contract award will be available for Town Board consideration at the scheduled April 19th meeting. The Engineering Department recommends that the Town Board authorize execution of the Supplemental Agreement to secure the grant funding schedule in advance of the pending construction start later this spring. Please feel free to contact me with any questions. Attachment/s: PIN 8762.19 D040017 SUP 1 Page 102 of 187 Resolution Sample Bridge NY - Bridge - Local Page 103 of 187 NEW YORK STATE OF OPPORTUNITY. March 3, 2023 Department of Transportation Meredith Robson, Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 KATHY HOCHUL Governor MARIE THERESE DOMINGUEZ Commissioner LANCE MacMILLAN, P.E. Regional Director RE: PIN 8762.19, WAVERLY AVENUE OVER SHELDRAKE RIVER BRIDGE REPLACEMENT TOWN OF MAMARONECK, WESTCHESTER COUNTY SUPPLEMENTAL AGREEMENT #1 — D040017 Dear Meredith Robson, Attached is one (1) Supplemental Agreements to include the right-of-way acquisition, construction, and construction inspection funds and changes the contract end date from 3/31/2024 to 3/31/2026 for the above -referenced project. One (1) executed copy of the agreement, along with one (1) individually signed signature page, EACH with original signatures and notarizations, and one (1) certified seal -stamp resolution should be provided. The complete package should be returned to this office. A sample resolution is included for your use. As a reminder per Chapter 15, Administering Construction Contracts; Section 15.4.8 Civil Rights Reporting: The Contractor and all subcontractors and suppliers will utilize New York State Department of Transportation Equal Employment Opportunity reporting software, which is currently "Equitable Business Opportunities" (EBO). The Sponsor will monitor prime's payments to subcontractor and ensure that subcontractors are paid promptly per specifications. In addition, the sponsor is to monitor EEO goals on a monthly basis and take corrective action if goals are not being met; reference NYSDOT Standard Specifications Section 102- 11, Equal Employment Opportunity Requirements. Your assistance in having the agreement approved by the Mamaroneck Town Board and signed by yourself and Town Attorney is appreciated. Of course, if you have any questions, please call me at (845) 431-5731 or e-mail me at giselle.gutierrezc dot.ny.gov Sincerely, Giselle Gutierrez Transportation Analyst Region 8 Local Projects Unit Enclosures 50 Wolf Road, Albany, NY 12232 www.dot.ny.gov Page 104 of 187 SUPPL (04/22) Supplemental Agreement Cover for Local Agreements Press F1 for instructions in the blank fields: Sponsor:Town of Mamaroneck PIN: 8762.19 BIN: 2225140 Comptrollers Contract No. D040017 Supplemental Agreement No.1 Date Prepared:3/6/2023 By:gg Initials SUPPLEMENTAL AGREEMENT No. 1 to D040017 (Comptroller's Contract No.) This Supplemental Agreement is by and between: the New York State Department of Transportation ("NYSDOT"), having its principal office at 50 Wolf Road, Albany, NY 12232, on behalf of New York State ("State") and Town of Mamaroneck (the Sponsor) Acting by and through the Town Administrator with its office at 740 West Boston Post Road, Mamaroneck, NY 10543. This amends the existing Agreement between the parties in the following respects only: Amends a previously adopted Schedule A by (check as applicable): amending a project description amending the contract end date x x x x amending the scheduled funding by: adding additional funding (check and enter the # phase(s) as applicable): adding phase ROW -A which covers eligible costs incurred on/after 12/8/2020 adding phase Construction which covers eligible costs incurred on/after x x 3/2/2023 increasing funding for a project phase(s) adding a pin extension change from Non-Marchiselli to Marchiselli deleting/reducing funding for a project phase(s) other ( ) Amends a previously adopted Schedule "B" (Phases, Sub-phase/Tasks, and Allocation of Responsibility) Amends a previously adopted Agreement by replacing the Appendix A dated January 2014 with the Appendix A dated October 2019 Amends the text of the Agreement as follows (insert text below): Page 105 of 187 SUPPL (04/22) Supplemental Agreement Cover for Local Agreements Press F1 for instructions in the blank fields: Sponsor:Town of Mamaroneck PIN: 8762.19 BIN: 2225140 Comptrollers Contract No. D040017 Supplemental Agreement No.1 Date Prepared:3/6/2023 By:gg Initials IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials as of the date first above written. SPONSOR: SPONSOR ATTORNEY: By: By: Print Name: Print Name: Title: STATE OF NEW YORK )ss.: COUNTY OF WESTCHESTER On this day of 20_ before me personally came to me known, who, being by me duly sworn did depose and say that he/she resides at ; that he/she is the of the Municipal/Sponsor Corporation described in and which executed the above instrument; (except New York City) that it was executed by order of the of said Municipal/Sponsor Corporation pursuant to a resolution which was duly adopted on and which a certified copy is attached and made a part hereof; and that he/she signed his/her name thereto by like order. Notary Public APPROVED FOR NYSDOT: APPROVED AS TO FORM: BY: For Commissioner of Transportation Agency Certification: In addition to the acceptance of this contract I also certify that original copies of this signature page will be attached to all other exact copies of this contract. Date: STATE OF NEW YORK ATTORNEY GENERAL By: Assistant Attorney General COMPTROLLER'S APPROVAL: By: For the New York State Comptroller Pursuant to State Finance Law T 112 2 Page 106 of 187 Schedule A (12/2022) Press F1 to read instructions in blank fields SCHEDULE A - Description of Project Phase, Funding and Deposit Requirements NYSDOT/ State -Local Agreement - Schedule A for PIN 8762.19 Page 1 of 3 OSC Contract #: D040017 Contract Start Date: 9/16/2019(mmlddlyyyy) Contract End Date: 3/31 /2026(mm/dd/yyyy) 0 Check, if date changed from the last Schedule A Purpose: ❑ Original Standard Agreement a Supplemental Schedule A No. 1 Municipality/Sponsor (Contract Payee): Town of Mamaroneck Other Municipality/Sponsor (if applicable): Agreement // Locally Administered Type: ❑ State Administered List participating Municipality(ies) and the % of cost share for each and indicate by checkbox which Municipality this Schedule A applies. ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share Authorized Project Phase(s) to which this Schedule applies: /1 PE/Design /1 ROW Incidentals /1 ROW Acquisition /1 Construction/Cl/CS Work Type: BR REPLACE County (If different from Municipality): Westchester County (Check, if Project Description has changed from last Schedule A): ❑ Project Description: Waverly Avenue over Sheldrake River Bridge Replacement (BIN 2225140), Town of Mamaroneck, Westchester County Marchiselli Eligible ❑ Yes /1 No A. Summary of Participating Costs FOR ALL PHASES For each PIN Fiscal Share below, show current costs on the rows indicated as "Current.". Show the old costs from the previous Schedule A on the row indicated as "Old." All totals will calculate automatica y. PIN Fiscal Share "Current" or "Old" entry indicator Funding Source (Percentage) TOTAL Costs FEDERAL Funds STATE Funds LOCAL Funds LOCAL DEPOSIT AMOUNT (Required only if State Administered) 8762.19.121 8762.19.221 8762.19.321 Current STP (95%) $175,000.00 $166, 250.00 $0.00 $8,750.00 $0.00 Old Current STP (95%) STP (95%) $175,000.00 $50,000.00 $166,250.00 $47,500.00 $0.00 $0.00 $8,750.00 $2,500.00 $0.00 $0.00 Old Current STP (95%) STP (95%) $25,000.00 $1,767,280.00 $23,750.00 $1,536,416.00 $0.00 $0.00 $1,250.00 $230, 864.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 TOTAL CURRENT COSTS: $1,992,280.00 $1,750,166.00 $ 0.00 $242,114.0PE' ge 10364187 Schedule A (11/2022) Press F1 to read instructions in blank fields Page 2 of 3 NYSDOT/State-Local Agreement — Schedule A PIN 8762.19 B. Local Deposit(s) from Section A: $ o.00 Additional Local Deposit(s) $o.00 Total Local Deposit(s) $ o.00 C. Total Project Costs All totals will calculate automatically. Total FEDERAL Cost Total STATE Cost Total LOCAL Cost Total ALL SOURCES Cost $1,750,166.00 $ 0.00 $242,114.00 $1,992,280.00 Total FEDERAL Cost $1,750,166.00 Total STATE Cost $ 0.00 SFS TOTAL CONTRACT AMOUNT $1,750,166.00 D. Point of Contact for Questions Regarding this Schedule A (Must be completed) Name: Giselle Gutierrez Phone No: 845-431-5731 See Agreement (or Supplemental Agreement Cover) for required contract signatures. Footnotes (FN): (See LPB's SharePoint for link to sample footnotes) • Project description cont'd: Replace the existing bridge by widening the bridge span opening from +/- 25 feet to approximately 33 feet consistent with hydraulic analysis recommendations in the Army Corp study. Improved alignment of the replacement bridge with adjoining roadways is intended to be evaluated to correct the existing shift in the roadway. • This project is funded through the Bridge NY program, with 95% Federal Aid reimbursement not to exceed $1,750,166. • Projects must begin construction no later than 24 months after award; award is defined as approved State -Local Agreement (SLA) by the NYS Office of the State Comptroller. The Project Sponsor must expeditiously progress their execution of the State -Local Agreement. • Projects must be fully completed within 30 months of commencing construction; construction is defined as an award to a contractor or commencement of work by municipal forces. Therefore, Sponsors are strongly encouraged to have projects substantially complete within 24 months of commencing construction. • This Schedule A includes the right-of-way acquisition, construction, and construction inspection phases and funds. • This Construction money is obligated contingent upon a ROW Projection that was approved by FHWA 02/27/2023. That ROW Projection contains additional agreement requirements. • Failure to secure legal access to the required properties prior to commencing work on said properties will jeopardize Federal -aid participation in the subject project. • Any claims or additional costs arising from the delay in any property acquisition or relocationpaghiwg0c1 8rj,#I not be eligible for Federal -aid reimbursement. Schedule A (11/2022) Press F1 to read instructions in blank fields • • • PIN 8762.19; 3/6/2023 gg Page 3 of 3 Page 109 of 187 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. October 2019 Page 110 of 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non -Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non -Discrimination Requirements 3 6. Wage and Hours Provisions 3-4 7. Non -Collusive Bidding Certification 4 8. International Boycott Prohibition 4 9. Set -Off Rights 4 10. Records 4 11. Identifying Information and Privacy Notification 4 12. Equal Employment Opportunities For Minorities and Women 4-5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5-6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with Breach Notification and Data Security Laws 6 23. Compliance with Consultant Disclosure Law 6-7 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors, Affiliates and Subcontractors 26. Iran Divestment Act 7 27. Admissibility of Contract 7 Page 2 P4geb$r1 d 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON -ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law § 163.6-a). However, such pre -approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Page 3 Pgqebil 20:1fa 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON -COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, the "Records"). The Page 4 Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (ii) the payee's Federal social security number, and/or (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236. October 2019 Page 113 of 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a," "b," and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and Page 5 improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State October 2019 Page 114 of 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK STATE CONTRACTS). In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992 (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK STATE CONTRACTS). It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women - owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518-292-5100 Fax: 518-292-5884 email: opa(aesd.ny.gov A directory of certified minority- and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, NY 10017 212-803-2414 email: mwbecertification(a esd.ny.gov https://ny.newnycontracts.com/FrontEndNendorSearchPu blic.asp The Omnibus Procurement Act of 1992 (Chapter 844 of the Laws of 1992, codified in State Finance Law § 139-i and Public Authorities Law § 2879(3)(n)—(p)) requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million - (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority- and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively, codified in State Finance Law § 165(6) and Public Authorities Law § 2879(5)) ) require that they be denied contracts which they would otherwise obtain. NOTE: As of October 2019, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. 22. COMPLIANCE WITH BREACH NOTIFICATION AND DATA SECURITY LAWS. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law § 899-aa and State Technology Law § 208) and commencing March 21, 2020 shall also comply with General Business Law § 899-bb. Page 6 October 2019 Page 115 of 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA 23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4)(g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. 24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by State Finance Law §§ 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law §§ 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law § 5-a, if the contractor fails to make the certification required by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law § 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law § 165-a that it is not on the "Entities Determined to be Non -Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012" ("Prohibited Entities List") posted at: https://ogs.ny.gov/list-entities-determined-be- non-responsive-bidderso fferers-pursuant-ny s-iran-dive stment- act-2012 Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. Page 7 During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above -referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award. 27. ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence. October 2019 Page 116 of 187 SAMPLE BRIDGE NY RESOLUTION BY MUNICIPALITY (Bridge Project) RESOLUTION NUMBER: Authorizing the implementation and funding of the costs of 100% of the costs of a transportation project, which may be eligible for federal -aid and/or state -aid, or reimbursement from Bridge NY funds. WHEREAS, a project for the Waverly Avenue over Sheldrake River Bridge Replacement in the Town of Mamaroneck, Westchester County, P.I.N. 8762.19 (the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 95% Federal funds and 5% non-federal funds; and WHEREAS, the Town of Mamaroneck will design, let and construct the Project: and WHEREAS, the Town of Mamaroneck desires to advance the Project by making a commitment of 100% of the costs of the work for the Project or portions thereof. NOW, THEREFORE, the Mamaroneck Town Board, duly convened does hereby RESOLVE, that the Mamaroneck Town Board hereby approves the above -subject Project; and it is hereby further RESOLVED, that the Mamaroneck Town Board hereby authorizes the Town of Mamaroneck to pay 100% of the cost of the right-of-way acquisition, construction, and construction inspection work for the Project or portions thereof, with the understanding that qualified costs may be eligible for federal -aid, state -aid, or reimbursement from Bridge NY funds; and it is further RESOLVED, that the sum of $1,792,280 ($1,992,280 minus the previous $200,000) is hereby appropriated from [or, appropriated pursuant to ] and made available to cover the cost of participation in the above phase(s) of the Project; and it is further RESOLVED, that the Mamaroneck Town Board hereby agrees that the Town of Mamaroneck shall be responsible for all costs of the Project which exceed the amount of federal -aid, state -aid, or NY Bridge funding awarded to the Town of Mamaroneck; and it is further RESOLVED, that in the event the Project costs not covered by federal -aid, state -aid, or NY Bridge funding exceed the amount appropriated above, the Mamaroneck Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Town Administrator thereof; and it is further RESOLVED, that the Town of Mamaroneck hereby agrees that construction of the Project shall begin no later than twenty-four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and it is further RESOLVED, that the Town Administrator of the Town of Mamaroneck be and is hereby authorized to execute on behalf of the Town of Mamaroneck all necessary agreements, certifications or reimbursement requests for federal - aid and/or state -aid with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Town of Mamaroneck's funding of Project costs and permanent funding of the local share of federal -aid and state -aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further Page 117 of 187 RESOLVED, this Resolution shall take effect immediately. STATE OF NEW YORK ) SS: COUNTY OF WESTCHESTER ) I, , Clerk of the Town of Mamaroneck, New York, do hereby certify that I have compared the foregoing copy of this Resolution with the original on file in my office, and that the same is a true and correct transcript of said original Resolution and of the whole thereof, as duly adopted by said at a meeting duly called and held at the on by the required and necessary vote of the members to approve the Resolution. WITNESS My Hand and the Official Seal of the Town of Mamaroneck, New York, this day of , 2023. Clerk, Town of Mamaroneck Page 118 of 187 fll,lhr:]E 7 Ir;r, 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: Local Law Prohibiting Smoking in Town Parks Date: March 3, 2023 Attached is a proposed local from Town Attorney, Bill Maker, regarding the prohibition of smoking in Town parks to include tobacco, cannabis, and electronic cigarettes. Action Requested: Resolved that the Town Board hereby sets a Public Hearing for April 4, 2023 for "Local Law Prohibiting Smoking in Town Parks". Page 119 of 187 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: March 10, 2023 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney Subject: Local Law Prohibiting Smoking in Town Parks General: I attached a proposed local law that if passed, will prohibit smoking in Town parks. To give the Town Board members the context within which this law is proposed, I also attach the section of the Town Code that contains the present prohibited activities. The uniquely worded language in the proposed law is derived from the definition of "smoking" contained in the State's Cannabis Law (section 3 [49] to be precise). Attachments: 2023-3-03-LL-prohibiting smoking in parks Code 148 2 Page 120 of 187 Local Law No. - 2023 This local law shall be known as the "Prohibiting Smoking in Parks" Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: To protect the health of the users of the Town parks, this law expands the activities prohibited within Town parks to include a prohibition on smoking therein. Section 2 - Amendment of a current section of the Mamaroneck Code: Section 148-2 of the Code of the Town of Mamaroneck hereby is amended to include the following new paragraph U: § 148-2 Prohibited activities. No person shall: T. Burn a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or cannabis or use an electronic smoking device that creates an aerosol or vapor. 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. March 3, 2023 Page 121 of 187 Select Language Town of Mamaroneck, NY Friday, March 3, 2023 Chapter 148. Parks and Fields § 148-2. Prohibited activities. No person shall: A. Intentionally break, deface, destroy, disfigure, displace, mark, remove or tamper with any bench, building, bridge, chain, decorative element, equipment, fence, flagpole, flower, fountain, grass, lamp or lamppost, memorial marker, notice or placard, pavement, plant, playing surface, railing, rock, sand, shrub, sign or signpost, stone, table, tree (whether cut, fallen or standing), tree guard, wall, monument, stake, post or other boundary marker within a park or a field; B. Allow an animal to break, deface, destroy, disfigure, displace, mark, remove or tamper with any bench, building, bridge, chain, decorative element, equipment, fence, flagpole, flower, fountain, grass, lamp or lamppost, memorial marker, notice or placard, pavement, plant, playing surface, railing, rock, sand, shrub, sign or signpost, stone, table, tree (whether cut, fallen or standing), tree guard, wall, monument, stake, post or other boundary marker within a park or a field; C. Connect to, disconnect, expose, open, remove, rupture, tamper or interfere with any conduit, electric or telephone line, fountain, pipe or any other public utility that is located within a park or field; D. Excavate any area of a park or a field; E. Carry or discharge any firearms or guns of any kind whatsoever, including but not limited to air rifles, BB guns, paintball or pellet guns and pistols within a park or field; F. Frighten, give or offer any food to, hunt, kill, molest, shoot, tease, throw stones or any missiles at or trap any reptile or bird or the eggs of a reptile or bird or any animal within a park or a field; G. Discharge, place or cause to be placed or throw into the waters or upon the ground within a park or a field any substance which may result in pollution of or damage to such waters or the ground within a park or field or to any flower, grass, plant, shrub or tree located within a park or field; H. Deposit, dump or leave or cause to be deposited, dumped or left any ashes (other than ashes in a designated and permanently constructed fireplace), bottles, boxes, broken glass, cans, dirt, garbage, paper, refuse, rubbish, trash or other waste anywhere within a park or on a field except for those items that are placed in the receptacles provided for deposit of such items; I. Fail to remove excrement deposited by that person's pet within a park or a field; J. Drop, scatter or throw cigars, cigarettes, flammable material, matches or tobacco within a park or a field; K. Affix, draw, leave, paint, paste, place or post any advertisement, bill, circular, notice, pamphlet, placard or other printed matter on any bench, building, bridge, chain, decorative element, earth, equipment, fence, flagpole, flower, fountain, grass, lamp or lamppost, log, memorial marker, pavement, plant, playing surface, railing, rock, shrub, sign or signpost, stone„ table, tree (whether cut, fallen or standing), tree guard, vehicle (whether motorized or not), wall, monument, stake, post or other boundary marker within a park or a field; Page 122 of 187 L. Allow, cause or permit an animal over which a person has control or custody to run at large or to be tethered by a leash exceeding six feet in length within a park or a field; M. Hit golf balls within a park or a field; N. Enter, swim or wade in any waters located within a park or a field; O. Camp or erect a tent or any other temporary or mobile shelter within a park or a field; P. Project, shoot or throw any arrows, boomerangs, darts, javelins or stones within a park or a field; Q. Possess any firecracker, rocket or other firework or explosive within a park or a field; R. Detonate, discharge, explode or otherwise set off or cause to be detonated, discharged or exploded any firecracker, rocket, torpedo or other firework or explosive within a park or a field or aim, direct or cause such items to be aimed at or directed into a park or a field; S. Climb upon any bench, building, bridge, chain, decorative element, equipment (other than playground equipment designed for climbing), fence, flagpole, flower, fountain, lamp or lamppost, log, memorial marker, plant, railing, rock, shrub, sign or signpost, stone, table, tree (whether cut, fallen or standing), tree guard, wall, monument, stake, post or other boundary marker within a park or a field; or T. Engage in a regulated activity except when such activities are permissible under § 148-3. Page 123 of 187 fll,lhr:]E 7 Ir;r, 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: Local Law Creating an Exemption from the Filmmaking Law Date: March 6, 2023 Attached is a memo from Town Attorney, Bill Maker, regarding a local law creating an exemption from the Filmmaking Law. This local law would permit recordings done by individuals within their own homes or places of business. Action Requested: Resolved that the Town Board hereby sets a Public Hearing for April 4, 2023 for "Local Law Creating an Exemption from the Filmmaking Law". Page 124 of 187 • Town of Mamaroneck Town Attorney, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: March 3, 2023 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney Subject: Local Law Creating an Exemption from the Filmmaking Law General: I attached a proposed local law that if passed, will exempt recordings done by individuals within their homes or places of business. Ordinarily I provide the Town Board members with the current Code provision so that the Board members can evaluate the proposed law in a proper context. I am not doing that here because the only change proposed by this law is the addition of the following words at the end of the existing definition: "or recordings done by one or more individuals who perform such recordings inside buildings on properties which they occupy as their residence or their place of business." Attachments: 2023-3-03-LL-indoor filming by residents Page 125 of 187 Local Law No. - 2023 This local law shall be known as the "Exemption for Individuals Filming within Their Homes or Places of Business" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: Modem technology has advanced to the point where individuals, acting alone or with other members of their household or their business only, can make recordings for commercial purposes while within their homes or places of business. The Town Board finds that such activity is not disruptive for it does not interfere with the day-to-day activities of the Town's residents or merchants. For that reason, licensing such activity serves no purpose. This local law exempts such activities from the scope of Chapter 99 of the Code. Section 2 - Amendment of a current section of the Mamaroneck Code: The definition of FILMING contained in section 99-2 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: FILMING The recording, by any medium, of advertising, motion -pictures, television shows, productions that can be viewed on computers, telephones or other devices and the taking of photographs to be used in commercial enterprises. Notwithstanding the previous sentence, "filming" does not include recordings done by or on behalf of the Town, the coverage of news, political, cultural, local sports or school events, the recording of public service announcements or recordings done by one or more individuals who perform such recordings inside buildings on properties which they occupy as their residence or their place of business. 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. March 3, 2023 Page 126 of 187 fll,lhr:]E 7 Ir;r, Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Fire claims Date: Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 127 of 187 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: March 15, 2023 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire claims General: Attached is the list of fire claims for approval. Attachments: Fire Claims Mar 15 23.xls TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Page 128 of 187 Town of Mamaroneck From: Re: Date: Tracy Yogman - Town Comptroller Fire Claims March 15, 2023 The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount Amazon.Com Stereo amplifier speakers, trash can, clips, wall mount speakers $ 168.21 Firefighters Equipment of NY Coats & pants alterations 457.50 FireCompanies.Com Platinum Package 2/1/2023 209.97 Foley Hardware Wood screws & threadlocker 26.08 New England Uniform, LLC Tops, pants, cap straps 365.00 Optimum Cable services 2/23-3/22/23 247.84 Ready Refresh Water Cooler rental & paper fee 1/19-2/18/23 182.96 Sound Shore Pest Control Exterminating services 1/25/23 70.00 Sound Shore Chiefs Association Annual dues 2023 400.00 TOM Fire Department Officers meeting 2/23/23 meals 310.00 UniFirst Corporation Cleaning supplies 11/25/22, 12/2/22, 2/3/23 505.22 UniFirst Corporation Cleaning supplies 2/17, 2/24/23 267.49 VFIS Admin services - 2023 LOSAP GASB Admin 800.00 Verizon Fire HQ service 2/10-3/9/23 277.20 Villa Maria Pizza Food for Mask Confidence Drill, Fast Equipment & SOGS Drill 2/1, 1/26/23 351.45 Villa Maria Pizza Food for Fast Drill 2/22, 2/13/23 192.50 WJWW 6" Metered Fire service 12/26-1/25/23 37.00 WJWW 205 Weaver St charges 12/27/22-1/25/23 108.60 Total $ 4,977.02 Page 129 of 187 fll,lhr:]E 7 Ir;r, 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: Town Board Meeting Change Date: March 3, 2023 Due to a scheduling conflict, the Board has motioned to change the June 21, 2023 Board meeting to June 20, 2023. The work session will take place in Conference Room A and the Regular Session will be located in the Courtroom at the Town Center. Action Requested: Resolved that the Town Board hereby approves the Town Board meeting change to June 20, 2023. Page 130 of 187 fll,lhr:]E 7 Ir;r, 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: Public Housing Authority Resolution Date: March 9, 2023 Attached is a resolution to transfer the Town of Mamaroneck Public Housing Authority Housing Choice Voucher Program to the New York State Division of Housing and Community Renewal. As you know, there have been a number of concerns we have regarding the continuation of our administration of this program. Unfortunately, it is my strong recommendation that the Town transfer responsibility for this program. It will still remain a local program within the county to serve qualified applicants for this voucher program. So that there is no confusion, this just refers to our community services operations, not to the Town of Mamaroneck Housing Authority established pursuant to Section 569 of the Public Housing Law that manages the Hommocks Park Apartments. Action Requested: Resolved that the Town Board hereby authorizes Town Administrator to transfer the Town of Mamaroneck Public Housing Authority Housing Choice Voucher Program to the New York State Division of Housing and Community Renewal and hereby authorizes the Town Administrator to execute any related documents necessary to carry out its implementation. Attachments: Resolution NO. 42A 2023 Page 131 of 187 RESOLUTION NO. 42A, YEAR 2023 RESOLUTION AUTHORIZING THE TOWN ADMINISTRATOR, AS EXECUTIVE DIRECTOR, TO MAKE A FORMAL WRITTEN REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO TRANSFER THE TOWN OF MAMARONECK PUBLIC HOUSING AUTHORITY HOUSING CHOICE VOUCHER PROGRAM TO THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL WHEREAS, the Town of Mamaroneck Public Housing Authority (TOM PHA), as a public housing agency and unit of the Town of Mamaroneck (the "Town"), has entered into Annual Contribution Contracts with the United States Department of Housing and Urban Development (HUD) to operate a Housing Choice Voucher Program (the "Program") in and for the Town; and WHEREAS, the Town has determined that it is no longer cost-effective and administratively feasible for the TOM PHA to operate the Program; and WHEREAS, HUD, per HUD Notice PIH 2O18-12 Notice, dated June 28, 2018 (the "HUD Notice"), provides the process to permit the voluntary transfer of a Housing Choice Voucher Program from one Public Housing Agency to another, if the "divesting" and "receiving" entities agree to such transfer and undertake the responsibilities outlined in the HUD Notice; and WHEREAS, the Town has determined that the Program may be transferred to become part of the Housing Choice Voucher Program operated through the New York State Division of Housing and Community Renewal, a Public Housing Agency (NY 904); and WHEREAS, the Town has determined that after the transfer, the Program will continue to serve the current participants and residents of the Town of Mamaroneck through said transfer; and WHEREAS, the Town is aware that such a transfer is permanent and cannot be reversed: NOW, THEREFORE, BE IT RESOLVED, that the Town Administrator, as Executive Director, is hereby authorized to make a formal written request to HUD in accordance with the HUD Notice, to transfer the TOM PHA Program to the New York State Division of Housing and Community Renewal upon Page 132 of 187 due consent of the New York State Division of Housing and Community Renewal, to become effective July 1, 2023 or such later date as HUD may direct; and, BE IT FURTHER RESOLVED, that the aforesaid letter shall include the information required by the HUD Notice and be accompanied by this resolution; and BE IT FURTHER RESOLVED, that upon approval of the request by the HUD, the Town Administrator, as Executive Director, is hereby authorized to take any lawful act and sign any documents necessary to effectuate said transfer, including but not limited to procuring and entering into a contract with an independent public accountant to conduct the close-out audit required pursuant to paragraph "6" of the HUD Notice, all documents for the Town Administrator's signature to be of a form and content approved by the Town Attorney, and BE IT FURTHER RESOLVED, that the PHA and the Town are authorized to take such further actions as are required by the HUD Notice. Page 133 of 187 fll,lhr:]E 7 Ir;r, 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: William Maker Jr., Town Attorney Re: The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law Date: March 9, 2023 Attached is a memo from Town Attorney, Bill Maker providing clarification for the criterion that must be met to qualify under the Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law. Action Requested: Resolved that the Town Board hereby sets a Public Hearing for April 4, 2023 for "The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law". Page 134 of 187 Town of Mamaroneck Town Attorney, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: March 7, 2023 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney Subject: The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law General: Real Property Tax Law 466-a 1 allows a partial exemption from real estate taxes for "an enrolled member" of a fire department or an incorporated voluntary ambulance service. RPTL 466-a (3) demonstrates that "enrolled" is not synonymous with "active" as its opening line reads: "Any enrolled member ... who accrues more than twenty years of active service ...." The exemption is accomplished through passage of a local law and can range between 1% and 10% (see RPTL 466-a 1). A person applying for the exemption must satisfy four criteria. First: the applicant must "reside[] in the ... town ...which is served by such ... fire department or incorporated volunteer ambulance service ...." (see RPTL 466-a 2 [a]). This language leaves unanswered the following hypothetical: The primary residence of Firefighter Richbell of the Town's fire department is in one of the two Villages in the Town. Richbell resides in the Town, albeit one of the villages, but is a member of a fire department that does not serve the Village where Richbell lives. Is Richbell eligible for an exemption from the Town tax? One can argue that Richbell is entitled to the exemption because Richbell "resides in the ... town" and the Town "is served by ... [the] fire department" of which Richbell is a member. A counterargument is that to be eligible, Richbell would have to reside in the unincorporated area of the Town since that is the portion of the Town "which is served by such ... fire department." Page 135 of 187 In my view, Richbell satisfies this criterion, although the Office of Real Property Tax Services has not opined on this hypothetical. Nor has the State Comptroller. Either or both may come to the opposite conclusion. Second: the property for which the exemption is sought must by the applicant's primary residence (see RPTL 466-a 2 [b]). Third: the property must be "used exclusively for residential purposes"; however, if the applicant owns a mixed -use building, the portion that is the applicant's residence can be granted an exemption but the section of the building not used as the applicant's residence does not benefit from the exemption (see RPTL 466-a 2 [c]). Note the contradiction within this section. It says that the property must be "used exclusively for residential purposes" but goes on to allow a mixed -use building to qualify for a partial exemption. Fourth: the applicant must be "certified by the authority having jurisdiction for the ... fire department, or voluntary ambulance service as an enrolled member ... as determined by the governing body of a . .. town" (see RPTL 466-a 2 [d]). The Town Board, acting as Fire Commissioners, is the "authority having jurisdiction" over the Fire Department and the Town Board. Therefore, it is the "duty and responsibility of the [Town Board] to determine the procedure for certification" (see RPTL 466-a 2 [d]). One matter that is out of the control of the Town Board is the service requirement. The law explicitly mandates that that an applicant must achieve a minimum service requirement. The Town board has the flexibility of setting that minimum requirement at between two and five years (see RPTL 466-a 2 [d]). The statute rewards longevity. If the local law so provides "[a]ny enrolled member of ... [a] fire department or voluntary ambulance service who accrues more than twenty years of active service and is so certified ... shall be granted the ten percent exemption ... for the remainder of his or her life as long as his or her primary residence is located within such county" (see RPTL 466-a 3). Note that there is no flexibility in the amount of the percentage. The only reason I can think of why only the "county" is contained in this subsection is to cover the following scenario. Community A certifies Firefighter B as an enrolled member with twenty years of active service in Community A fire department. Firefighter B buys a home in Community C that becomes the firefighter's primary residence. Firefighter B enrolls in Community C's fire department. The statute can be interpreted to mean that Firefighter B is allowed a 10% exemption from Community C's taxes even though Firefighter B has not met the service requirements set by Community C. The statute continues with exemptions for un-remarried spouses of deceased volunteer firefighters or volunteer ambulance workers (see RPTL 466-a 4 and 5). These exemptions cannot be granted in the same local law that creates the exemption for living volunteer firefighters and volunteer ambulance workers but can be put in place through an amendment to the local law creating the exemption or by "a local law ... separately adopted" (see RPTL 466-a 4 and 5). The exemption given to a volunteer firefighter or volunteer ambulance worker KILLED in the line of duty will continue for the benefit of the un-remarried spouse provided: Page 136 of 187 • such spouse is certified "by the authority having jurisdiction" as being an un-remarried spouse, • the deceased volunteer "had been an enrolled member for at least five years", and • the deceased volunteer had been receiving this exemption prior to death (see RPTL 466-a 4). The exemption given to a volunteer firefighter or volunteer ambulance worker who dies other than in the line of duty will continue for the benefit of the un-remarried spouse provided: • such spouse is certified "by the authority having jurisdiction" as being an un-remarried spouse, • the deceased volunteer "had been an enrolled member for at least twenty years", and • the deceased volunteer had been receiving this exemption prior to death. • (see RPTL 466-a 4). The last bullet points may be the reason why the benefit given to un-remarried spouses cannot be enacted simultaneously with the creation of the exemption. It appears to me that since the statute requires certifications at all levels, the local law must provide that these certifications be made annually. Attachments: 466-a Volunteer firefighters and volunteer ambulance workers 2023-03-10-LL Page 137 of 187 § 466-a. Volunteer firefighters and volunteer ambulance workers, NY RP TAX § 466-a PliKeyCite Yellow Flag - Negative Treatment Proposed Legislation McKinney's Consolidated Laws of New York Annotated Real Property Tax Law (Refs & Annos) Chapter 50-a. Of the Consolidated Laws Article 4. Exemptions Title 2. Private Property McKinney's RPTL § 466-a § 466-a. Volunteer firefighters and volunteer ambulance workers Effective: December 9, 2022 Currentness <[As added by L.2022, c. 670, § 1. See, also, § 466-a as added by another act.1> 1. Real property owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service or such enrolled member and spouse residing in any county shall be exempt from taxation to the extent of up to ten percent of the assessed value of such property for city, village, town, part town, special district, school district, fire district or county purposes, exclusive of special assessments, provided that the governing body of a city, village, town, school district, fire district or county, after a public hearing, adopts a local law, ordinance or resolution providing therefor. 2. Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service residing in such county unless: (a) the applicant resides in the city, town or village which is served by such incorporated volunteer fire company or fire department or incorporated voluntary ambulance service; (b) the property is the primary residence of the applicant; (c) the property is used exclusively for residential purposes; provided however, that in the event any portion of such property is not used exclusively for the applicant's residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; and (d) the applicant has been certified by the authority having jurisdiction for the incorporated volunteer fire company, fire WESTLAWV OO 2023 Thomson Reuters. No claim to original U.S. Government Works. Page 138 of 187 § 466-a. Volunteer firefighters and volunteer ambulance workers, NY RP TAX § 466-a department, or voluntary ambulance service as an enrolled member of such incorporated volunteer fire company, fire department, or voluntary ambulance service, as determined by the governing body of a city, village, town, school district, fire district or county; provided, however, that such governing body shall establish a minimum service requirement for each applicant between two years of service and five years of service. It shall be the duty and responsibility of the governing body of each municipality, school district and/or fire district which adopts a local law, ordinance or resolution pursuant to this section to determine the procedure for certification. 3. Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than twenty years of active service and is so certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service, shall be granted the ten percent exemption as authorized by this section for the remainder of his or her life as long as his or her primary residence is located within such county provided that the governing body of a city, village, town, school district, fire district or county, after a public hearing, adopts a local law, ordinance or resolution providing therefor. 4. Un-remarried spouses of volunteer firefighters or volunteer ambulance workers killed in the line of duty. Any local law or ordinance adopted pursuant to this section may be separately amended, or a local law, ordinance or resolution may be separately adopted to continue an exemption or reinstate a pre-existing exemption claimed under such statutes by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, to such deceased enrolled member's un-remarried spouse if such member is killed in the line of duty; provided, however, that: (a) such un-remarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service as an un-remarried spouse of an enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who was killed in the line of duty; and (b) such deceased volunteer had been an enrolled member for at least five years; and (c) such deceased volunteer had been receiving the exemption prior to his or her death. 5. Un-remarried spouses of deceased volunteer firefighters or volunteer ambulance workers. Any local law or ordinance adopted pursuant to this section may be separately amended, or a local law, ordinance or resolution may be separately adopted to continue an exemption or rein -state a pre-existing exemption to an un-remarried spouse of a deceased enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service; provided, however, that: (a) such un-remarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service as an un-remarried spouse of a deceased enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service; and (b) such deceased volunteer had been an enrolled member for at least twenty years; and WESTLAVV OO 2023 Thomson Reuters. No claim to original U.S. Government Works. Page 139 of 187 § 466-a. Volunteer firefighters and volunteer ambulance workers, NY RP TAX § 466-a (c) such deceased volunteer and un-remarried spouse had been receiving the exemption for such property prior to the death of such volunteer. 6. Application for such exemption shall be filed with the assessor or other agency, department or office designated by the municipality, school district and/or fire district offering such exemption on or before the taxable status date on a form as prescribed by the commissioner. 7. No applicant who is a volunteer firefighter or volunteer ambulance worker who by reason of such status is receiving any benefit under the provisions of this article on the effective date of this section shall suffer any diminution of such benefit because of the provisions of this section. 8. Any city, village, town, school district, fire district or county that currently, through local law, ordinance or resolution, provides an exemption from taxation for an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service, such enrolled member and spouse, or an un-remarried spouse shall be authorized to continue to provide such exemption, provided however, such city, village, town, school district, fire district or county shall adopt a local law, ordinance or resolution to conform to the provisions of this section no later than three years after the effective date of this section. 9. Notice to affected municipalities. On or before December thirty-first, two thousand twenty-two, it shall be the duty of the commissioner or her or his designees to notify or cause to be notified, in a manner prescribed by the commissioner, the chief executive officer of each and any municipality in which former sections four hundred sixty -six -a, four hundred sixty-six-b, four hundred sixty-six-c, four hundred sixty-six-d, four hundred sixty-six-f, four hundred sixty-six-g, four hundred sixty-six-h, four hundred sixty-six-i, four hundred sixty-six-j, and four hundred sixty-six-k of the real property tax law apply, of the provisions of the chapter of the laws of two thousand twenty-two that added this section. Credits (Added L.2022, c. 670, § 1, eff. Dec. 9, 2022.) McKinney's R. P. T. L. § 466-a, NY RP TAX § 466-a Current through L.2022, chapters 1 to 841. Some statute sections may be more current, see credits for details. End of Document © 2023 Thomson Reuters. No claim to original U.S. Government Works. WESTLAWV OO 2023 Thomson Reuters. No claim to original U.S. Government Works. Page 140 of 187 Local Law No. - 2023 This local law shall be known as the "Partial Exemption from Real Property Taxation for Certain Members of the Town of Mamaroneck Fire Department and the Volunteer Ambulance Corps of the Unincorporated Area of the Town of Mamaroneck and the Village of Larchmont, Inc." Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The State of New York has enacted legislation, codified as § 466-a of the Real Property Tax Law, that enables a local government to adopt a local law, granting a partial exemption from real property taxes to certain members of volunteer fire departments and volunteer ambulance services. The purpose of this article is to set standards for, and to grant the exemption authorized by § 466-a of the Real Property Tax Law to real property owned by residents of the Town of Mamaroneck who qualify for it. Section 2 - Establishment of a new article in Chapter 195 of the Mamaroneck Code: Chapter 195 of the Code of the Town of Mamaroneck hereby is amended to add the following new Article XII Article XII Partial Exemption from Real Property Taxation for Certain Members of the Town of Mamaroneck Fire Department and the Unincorporated Area of the Town of Mamaroneck and the Village of Larchmont, Inc. § 195-48 Purpose § 195-49 Definitions § 195-50 Basic Exemption granted; conditions. § 195-51 Enhanced Exemption granted; conditions. § 195-52 [Reserved] § 195-53 [Reserved] § 195-54 Annual Certification § 195-48 Purpose The State of New York has enacted legislation, codified as § 466-a of the Real Property Tax Law that enables a local government to adopt a local law, granting a partial exemption from real property taxes to certain members of volunteer fire departments and volunteer ambulance services. The purpose of this article is to set standards for, and to grant the exemption authorized by § 466-a of the Real Property Tax Law to real property owned by residents of the Town of Mamaroneck who qualify for it. Page 141 of 187 § 195-49 Definitions As used in this article, the following terms shall have the meanings indicated: APPLICANT An enrolled member whose primary residence is in either the unincorporated area of the Town, the Village of Larchmont or the area of the Village of Mamaroneck that lies within the Town. ASSESSOR The Assessor of the Town. BOARD OF DIRECTORS The Board of Directors of the Volunteer Ambulance Corps of the Unincorporated Area of the Town of Mamaroneck and the Village of Larchmont, Inc. ENROLLED MEMBER A person who (1) in the case of the Fire Department, is certified by the Fire Chief as a member in good standing of the Fire Department or in the case of LVAC, is certified by the Board of Directors as a member in good standing of LVAC and (2) has met the minimum service requirement for the organization of which that person is a member. FIRE CHIEF The Fire Chief of the Town of Mamaroneck Fire Department FIRE DEPARTMENT The Town of Mamaroneck Fire Department LVAC The Volunteer Ambulance Corps of the Unincorporated Area of the Town of Mamaroneck and the Village of Larchmont, Inc. 2 Page 142 of 187 MINIMUM SERVICE REQUIREMENT At least [RANGE IS BETWEEN 2 YEARS AND 5 YEARS] of service in either the Fire Department or the LVAC with no discipline imposed. TWENTY-YEAR MEMBER An enrolled member who in the case of the Fire Department, is certified by the Fire Chief or in the case of LVAC, is certified by the Board of Directors as having been an active member of the organization of which that person is a member for a minimum of twenty years. § 195-50 Basic Exemption granted; conditions. Real property owned by an applicant and used as the applicant's primary residence shall be exempt from Town taxes, except district taxes, to the extent of [RANGE IS BETWEEN 1% AND 10%] of its assessed valuation, on the first assessment roll promulgated by the Assessor after the applicant files with the Assessor's office an application therefor together with a certification from the Fire Chief or the Board of Directors that the applicant is an enrolled member of the Fire Department or the LVAC, as the case may be, and on all assessment rolls promulgated thereafter so long as the applicant qualifies for this exemption. The application must be filed in the assessor's office on or before the Town's taxable status date which is May 1 of each calendar year in order for the applicant's primary residence to be granted this exemption for that year. § 195-51 Enhanced Exemption granted; conditions. Real property owned by a twenty-year member and used as the twenty-year member's primary residence shall be exempt from Town taxes, except district taxes, to the extent of ten (10%) percent of its assessed valuation, on the first assessment roll promulgated by the Assessor after the applicant files with the Assessor's office an application therefor together with a certification from the Fire Chief or the Board of Directors that the applicant is a twenty-year member of the Fire Department or the LVAC, as the case may be, and on all assessment rolls promulgated thereafter so long as the applicant qualifies for this exemption. The application must be filed in the assessor's office on or before the Town's taxable status date which is May 1 of each calendar year in order for the applicant's primary residence to be granted this exemption for that year. § 195-52 {Reserved] § 195-53 {Reserved] § 195-54 Annual Certification. A. On or before the first day of March in each year starting in 2024, the Fire Chief shall certify to the Assessor the names and residential addresses of the members of the Fire 3 Page 143 of 187 Department who as of the date of certification are in good standing with, and have met the minimum service requirement of the Fire Department, and the names and residential addresses of the twenty-year members of the Fire Department. B. On or before the first day of March in each year starting in 2024, the Board of Directors shall certify to the Assessor the names and residential addresses of the members of LVAC who as of the date of certification are in good standing with, and have met the minimum service requirement of LVAC, and the names and residential addresses of the twenty-year members of LVAC. C. Failure of the Fire Chief or the Board of Directors to furnish such certification shall be grounds for the Assessor to remove the exemption granted by this law on the next assessment roll. 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. March 10, 2023 4 Page 144 of 187 fll,lhr:]E 7 Ir;r, 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: Authorization of Supplemental Agreement #1 — NYSDOT Contract D040017 Waverly Avenue Bridge Replacement Date: March 9, 2023 Attached is a memo from Town Engineer, Robert Wasp, regarding a supplemental agreement with the New York State Department of Transportation for the receipt of grant funding towards the Waverly Avenue Bridge Replacement project. The supplemental agreement amends the contractual end date based upon the updated project schedule and authorizes scheduled funding for pending work related to right-of-way acquisition and construction. Action Requested: Resolved that the Town Board hereby approves the supplemental agreement with the New York State Department of Transportation and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 145 of 187 • Town of Mamaroneck Engineering Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: March 8, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Authorization of Supplemental Agreement #1 — NYSDOT Contract D040017 Waverly Avenue Bridge Replacement General: The Town previously entered into the referenced Federal -aid Local Project Agreement with the New York State Depaitinent of Transportation (NYSDOT) for receipt of grant funding towards the Waverly Avenue Bridge Replacement project. The 2018 grant received through the BRIDGENY program provides $1.75M in funding towards project costs. Fully executed copy of existing Contract # D040017 was provided to the Town in September 2019 and authorized early project phases for design and right- of-way incidentals related work. NYSDOT has provided the enclosed supplemental agreement that 1) amends the contractual end date based upon the updated project schedule; and 2) authorizes scheduled funding for pending work related to right-of-way acquisition and construction. The contractual end date will be extended until March 31, 2026 to provide sufficient timeline, with plentiful buffer, to complete all project obligations. Copy of resolution template provided by the NYSDOT is also enclosed with this agenda item for consideration by the Town Board. Authorization for advertisement of bid documents was recently received from the NYSDOT. Bid documents are scheduled to begin advertisement on March 9th with a target bid opening date of April 4th. It is contemplated that bid results and potential recommendation of construction contract award will be available for Town Board consideration at the scheduled April 19th meeting. The Engineering Department recommends that the Town Board authorize execution of the Supplemental Agreement to secure the grant funding schedule in advance of the pending construction start later this spring. Please feel free to contact me with any questions. Attachment/s: PIN 8762.19 D040017 SUP 1 Page 146 of 187 Resolution Sample Bridge NY - Bridge - Local Page 147 of 187 NEW YORK STATE OF OPPORTUNITY. March 3, 2023 Department of Transportation Meredith Robson, Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 KATHY HOCHUL Governor MARIE THERESE DOMINGUEZ Commissioner LANCE MacMILLAN, P.E. Regional Director RE: PIN 8762.19, WAVERLY AVENUE OVER SHELDRAKE RIVER BRIDGE REPLACEMENT TOWN OF MAMARONECK, WESTCHESTER COUNTY SUPPLEMENTAL AGREEMENT #1 — D040017 Dear Meredith Robson, Attached is one (1) Supplemental Agreements to include the right-of-way acquisition, construction, and construction inspection funds and changes the contract end date from 3/31/2024 to 3/31/2026 for the above -referenced project. One (1) executed copy of the agreement, along with one (1) individually signed signature page, EACH with original signatures and notarizations, and one (1) certified seal -stamp resolution should be provided. The complete package should be returned to this office. A sample resolution is included for your use. As a reminder per Chapter 15, Administering Construction Contracts; Section 15.4.8 Civil Rights Reporting: The Contractor and all subcontractors and suppliers will utilize New York State Department of Transportation Equal Employment Opportunity reporting software, which is currently "Equitable Business Opportunities" (EBO). The Sponsor will monitor prime's payments to subcontractor and ensure that subcontractors are paid promptly per specifications. In addition, the sponsor is to monitor EEO goals on a monthly basis and take corrective action if goals are not being met; reference NYSDOT Standard Specifications Section 102- 11, Equal Employment Opportunity Requirements. Your assistance in having the agreement approved by the Mamaroneck Town Board and signed by yourself and Town Attorney is appreciated. Of course, if you have any questions, please call me at (845) 431-5731 or e-mail me at giselle.gutierrezc dot.ny.gov Sincerely, Giselle Gutierrez Transportation Analyst Region 8 Local Projects Unit Enclosures 50 Wolf Road, Albany, NY 12232 www.dot.ny.gov Page 148 of 187 SUPPL (04/22) Supplemental Agreement Cover for Local Agreements Press F1 for instructions in the blank fields: Sponsor:Town of Mamaroneck PIN: 8762.19 BIN: 2225140 Comptrollers Contract No. D040017 Supplemental Agreement No.1 Date Prepared:3/6/2023 By:gg Initials SUPPLEMENTAL AGREEMENT No. 1 to D040017 (Comptroller's Contract No.) This Supplemental Agreement is by and between: the New York State Department of Transportation ("NYSDOT"), having its principal office at 50 Wolf Road, Albany, NY 12232, on behalf of New York State ("State") and Town of Mamaroneck (the Sponsor) Acting by and through the Town Administrator with its office at 740 West Boston Post Road, Mamaroneck, NY 10543. This amends the existing Agreement between the parties in the following respects only: Amends a previously adopted Schedule A by (check as applicable): amending a project description amending the contract end date x x x x amending the scheduled funding by: adding additional funding (check and enter the # phase(s) as applicable): adding phase ROW -A which covers eligible costs incurred on/after 12/8/2020 adding phase Construction which covers eligible costs incurred on/after x x 3/2/2023 increasing funding for a project phase(s) adding a pin extension change from Non-Marchiselli to Marchiselli deleting/reducing funding for a project phase(s) other ( ) Amends a previously adopted Schedule "B" (Phases, Sub-phase/Tasks, and Allocation of Responsibility) Amends a previously adopted Agreement by replacing the Appendix A dated January 2014 with the Appendix A dated October 2019 Amends the text of the Agreement as follows (insert text below): Page 149 of 187 SUPPL (04/22) Supplemental Agreement Cover for Local Agreements Press F1 for instructions in the blank fields: Sponsor:Town of Mamaroneck PIN: 8762.19 BIN: 2225140 Comptrollers Contract No. D040017 Supplemental Agreement No.1 Date Prepared:3/6/2023 By:gg Initials IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials as of the date first above written. SPONSOR: SPONSOR ATTORNEY: By: By: Print Name: Print Name: Title: STATE OF NEW YORK )ss.: COUNTY OF WESTCHESTER On this day of 20_ before me personally came to me known, who, being by me duly sworn did depose and say that he/she resides at ; that he/she is the of the Municipal/Sponsor Corporation described in and which executed the above instrument; (except New York City) that it was executed by order of the of said Municipal/Sponsor Corporation pursuant to a resolution which was duly adopted on and which a certified copy is attached and made a part hereof; and that he/she signed his/her name thereto by like order. Notary Public APPROVED FOR NYSDOT: APPROVED AS TO FORM: BY: For Commissioner of Transportation Agency Certification: In addition to the acceptance of this contract I also certify that original copies of this signature page will be attached to all other exact copies of this contract. Date: STATE OF NEW YORK ATTORNEY GENERAL By: Assistant Attorney General COMPTROLLER'S APPROVAL: By: For the New York State Comptroller Pursuant to State Finance Law T 112 2 Page 150 of 187 Schedule A (12/2022) Press F1 to read instructions in blank fields SCHEDULE A - Description of Project Phase, Funding and Deposit Requirements NYSDOT/ State -Local Agreement - Schedule A for PIN 8762.19 Page 1 of 3 OSC Contract #: D040017 Contract Start Date: 9/16/2019(mmlddlyyyy) Contract End Date: 3/31 /2026(mm/dd/yyyy) 0 Check, if date changed from the last Schedule A Purpose: ❑ Original Standard Agreement a Supplemental Schedule A No. 1 Municipality/Sponsor (Contract Payee): Town of Mamaroneck Other Municipality/Sponsor (if applicable): Agreement // Locally Administered Type: ❑ State Administered List participating Municipality(ies) and the % of cost share for each and indicate by checkbox which Municipality this Schedule A applies. ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share Authorized Project Phase(s) to which this Schedule applies: /1 PE/Design /1 ROW Incidentals /1 ROW Acquisition /1 Construction/Cl/CS Work Type: BR REPLACE County (If different from Municipality): Westchester County (Check, if Project Description has changed from last Schedule A): ❑ Project Description: Waverly Avenue over Sheldrake River Bridge Replacement (BIN 2225140), Town of Mamaroneck, Westchester County Marchiselli Eligible ❑ Yes /1 No A. Summary of Participating Costs FOR ALL PHASES For each PIN Fiscal Share below, show current costs on the rows indicated as "Current.". Show the old costs from the previous Schedule A on the row indicated as "Old." All totals will calculate automatica y. PIN Fiscal Share "Current" or "Old" entry indicator Funding Source (Percentage) TOTAL Costs FEDERAL Funds STATE Funds LOCAL Funds LOCAL DEPOSIT AMOUNT (Required only if State Administered) 8762.19.121 8762.19.221 8762.19.321 Current STP (95%) $175,000.00 $166, 250.00 $0.00 $8,750.00 $0.00 Old Current STP (95%) STP (95%) $175,000.00 $50,000.00 $166,250.00 $47,500.00 $0.00 $0.00 $8,750.00 $2,500.00 $0.00 $0.00 Old Current STP (95%) STP (95%) $25,000.00 $1,767,280.00 $23,750.00 $1,536,416.00 $0.00 $0.00 $1,250.00 $230, 864.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 TOTAL CURRENT COSTS: $1,992,280.00 $1,750,166.00 $ 0.00 $242,114.0PE' ge 151)g4 187 Schedule A (11/2022) Press F1 to read instructions in blank fields Page 2 of 3 NYSDOT/State-Local Agreement — Schedule A PIN 8762.19 B. Local Deposit(s) from Section A: $ o.00 Additional Local Deposit(s) $o.00 Total Local Deposit(s) $ o.00 C. Total Project Costs All totals will calculate automatically. Total FEDERAL Cost Total STATE Cost Total LOCAL Cost Total ALL SOURCES Cost $1,750,166.00 $ 0.00 $242,114.00 $1,992,280.00 Total FEDERAL Cost $1,750,166.00 Total STATE Cost $ 0.00 SFS TOTAL CONTRACT AMOUNT $1,750,166.00 D. Point of Contact for Questions Regarding this Schedule A (Must be completed) Name: Giselle Gutierrez Phone No: 845-431-5731 See Agreement (or Supplemental Agreement Cover) for required contract signatures. Footnotes (FN): (See LPB's SharePoint for link to sample footnotes) • Project description cont'd: Replace the existing bridge by widening the bridge span opening from +/- 25 feet to approximately 33 feet consistent with hydraulic analysis recommendations in the Army Corp study. Improved alignment of the replacement bridge with adjoining roadways is intended to be evaluated to correct the existing shift in the roadway. • This project is funded through the Bridge NY program, with 95% Federal Aid reimbursement not to exceed $1,750,166. • Projects must begin construction no later than 24 months after award; award is defined as approved State -Local Agreement (SLA) by the NYS Office of the State Comptroller. The Project Sponsor must expeditiously progress their execution of the State -Local Agreement. • Projects must be fully completed within 30 months of commencing construction; construction is defined as an award to a contractor or commencement of work by municipal forces. Therefore, Sponsors are strongly encouraged to have projects substantially complete within 24 months of commencing construction. • This Schedule A includes the right-of-way acquisition, construction, and construction inspection phases and funds. • This Construction money is obligated contingent upon a ROW Projection that was approved by FHWA 02/27/2023. That ROW Projection contains additional agreement requirements. • Failure to secure legal access to the required properties prior to commencing work on said properties will jeopardize Federal -aid participation in the subject project. • Any claims or additional costs arising from the delay in any property acquisition or relocationpogeipsniffcl8rj,#I not be eligible for Federal -aid reimbursement. Schedule A (11/2022) Press F1 to read instructions in blank fields • • • PIN 8762.19; 3/6/2023 gg Page 3 of 3 Page 153 of 187 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. October 2019 Page 154 of 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non -Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non -Discrimination Requirements 3 6. Wage and Hours Provisions 3-4 7. Non -Collusive Bidding Certification 4 8. International Boycott Prohibition 4 9. Set -Off Rights 4 10. Records 4 11. Identifying Information and Privacy Notification 4 12. Equal Employment Opportunities For Minorities and Women 4-5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5-6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with Breach Notification and Data Security Laws 6 23. Compliance with Consultant Disclosure Law 6-7 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors, Affiliates and Subcontractors 26. Iran Divestment Act 7 27. Admissibility of Contract 7 Page 2 P009bS5Qifl 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON -ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law § 163.6-a). However, such pre -approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Page 3 PU0960:1P 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON -COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, the "Records"). The Page 4 Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (ii) the payee's Federal social security number, and/or (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236. October 2019 Page 157 of 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a," "b," and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and Page 5 improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State October 2019 Page 158 of 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK STATE CONTRACTS). In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992 (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK STATE CONTRACTS). It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women - owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518-292-5100 Fax: 518-292-5884 email: opa(aesd.ny.gov A directory of certified minority- and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, NY 10017 212-803-2414 email: mwbecertification(a esd.ny.gov https://ny.newnycontracts.com/FrontEndNendorSearchPu blic.asp The Omnibus Procurement Act of 1992 (Chapter 844 of the Laws of 1992, codified in State Finance Law § 139-i and Public Authorities Law § 2879(3)(n)—(p)) requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million - (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority- and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively, codified in State Finance Law § 165(6) and Public Authorities Law § 2879(5)) ) require that they be denied contracts which they would otherwise obtain. NOTE: As of October 2019, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. 22. COMPLIANCE WITH BREACH NOTIFICATION AND DATA SECURITY LAWS. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law § 899-aa and State Technology Law § 208) and commencing March 21, 2020 shall also comply with General Business Law § 899-bb. Page 6 October 2019 Page 159 of 187 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA 23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4)(g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. 24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by State Finance Law §§ 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law §§ 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law § 5-a, if the contractor fails to make the certification required by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law § 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law § 165-a that it is not on the "Entities Determined to be Non -Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012" ("Prohibited Entities List") posted at: https://ogs.ny.gov/list-entities-determined-be- non-responsive-bidderso fferers-pursuant-ny s-iran-dive stment- act-2012 Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. Page 7 During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above -referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award. 27. ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence. October 2019 Page 160 of 187 SAMPLE BRIDGE NY RESOLUTION BY MUNICIPALITY (Bridge Project) RESOLUTION NUMBER: Authorizing the implementation and funding of the costs of 100% of the costs of a transportation project, which may be eligible for federal -aid and/or state -aid, or reimbursement from Bridge NY funds. WHEREAS, a project for the Waverly Avenue over Sheldrake River Bridge Replacement in the Town of Mamaroneck, Westchester County, P.I.N. 8762.19 (the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 95% Federal funds and 5% non-federal funds; and WHEREAS, the Town of Mamaroneck will design, let and construct the Project: and WHEREAS, the Town of Mamaroneck desires to advance the Project by making a commitment of 100% of the costs of the work for the Project or portions thereof. NOW, THEREFORE, the Mamaroneck Town Board, duly convened does hereby RESOLVE, that the Mamaroneck Town Board hereby approves the above -subject Project; and it is hereby further RESOLVED, that the Mamaroneck Town Board hereby authorizes the Town of Mamaroneck to pay 100% of the cost of the right-of-way acquisition, construction, and construction inspection work for the Project or portions thereof, with the understanding that qualified costs may be eligible for federal -aid, state -aid, or reimbursement from Bridge NY funds; and it is further RESOLVED, that the sum of $1,792,280 ($1,992,280 minus the previous $200,000) is hereby appropriated from [or, appropriated pursuant to ] and made available to cover the cost of participation in the above phase(s) of the Project; and it is further RESOLVED, that the Mamaroneck Town Board hereby agrees that the Town of Mamaroneck shall be responsible for all costs of the Project which exceed the amount of federal -aid, state -aid, or NY Bridge funding awarded to the Town of Mamaroneck; and it is further RESOLVED, that in the event the Project costs not covered by federal -aid, state -aid, or NY Bridge funding exceed the amount appropriated above, the Mamaroneck Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Town Administrator thereof; and it is further RESOLVED, that the Town of Mamaroneck hereby agrees that construction of the Project shall begin no later than twenty-four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and it is further RESOLVED, that the Town Administrator of the Town of Mamaroneck be and is hereby authorized to execute on behalf of the Town of Mamaroneck all necessary agreements, certifications or reimbursement requests for federal - aid and/or state -aid with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Town of Mamaroneck's funding of Project costs and permanent funding of the local share of federal -aid and state -aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further Page 161 of 187 RESOLVED, this Resolution shall take effect immediately. STATE OF NEW YORK ) SS: COUNTY OF WESTCHESTER ) I, , Clerk of the Town of Mamaroneck, New York, do hereby certify that I have compared the foregoing copy of this Resolution with the original on file in my office, and that the same is a true and correct transcript of said original Resolution and of the whole thereof, as duly adopted by said at a meeting duly called and held at the on by the required and necessary vote of the members to approve the Resolution. WITNESS My Hand and the Official Seal of the Town of Mamaroneck, New York, this day of , 2023. Clerk, Town of Mamaroneck Page 162 of 187 fll,lhr:]E 7 Ir;r, 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: Woodard & Curran Agreement Date: March 8, 2023 Attached is the final draft of the agreement between the Town of Mamaroneck and Woodard & Curran Engineering and Geological Services regarding the Hommocks Field investigation work for your consideration. Action Requested: Resolved that the Town Board hereby approves the agreement with Woodard & Curran for Engineering and Geological services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachments: 2023-03-01-FINAL DRAFT Page 163 of 187 AGREEMENT REGARDING THE HOMMOCKS FIELDS An Agreement between the Town of Mamaroneck, a municipal corporation existing under the laws of the State of New York with offices at 740 West Boston Post Road, Mamaroneck, New York 10543 (Town) and Woodard & Curran Engineering and Geological Services P.A. P.C., a corporation organized under the laws of the State of Maine with offices at 800 Westchester Avenue, Suite N507, Rye Brook, NY 10573 (Woodard). Recitals Whereas, Woodard has submitted to the Town a proposal dated September 12, 2022 (updated through 11-09-22 per TOM comments) to conduct a study regarding the feasibility of making certain improvements to the Towri s Hommocks Fields (Services), and Whereas, the funds to pay for the Services are being donated to the Town by Fields for Kids!, Inc. (FFK). Now, therefore, intending to be bound, the parties agree as follows: First: Woodard shall perform the Services within eight weeks after this agreement is fully executed. Neither the Town nor FFK will pay any amounts in excess of $36,150.00, i.e., the amount deposited by FFK with the Town, unless the Town and FFK agree in writing. The Town will not authorize Woodard to perform any additional work, other than the Services, or authorize Woodard to increase the fees or other amounts it will charge the Town for the Services without the express written consent of FFK. 1 Page 164 of 187 Second: Provided the Town is satisfied that Woodard has performed the tasks for which it seeks payment, the Town shall pay Woodard in accordance with the fee breakdown shown in the Budget section of the Woodard proposal within 30 days after submission of an invoice that specifically indicates the services rendered and for which payment is requested. Third: (a) Throughout the term of this agreement, Woodard shall maintain the following insurance: (i) the workers' compensation and disability coverage required by New York law, (ii) professional liability with a minimum coverage of $2,000,000 per claim. and (iii) commercial general liability and automobile each with minimum coverages of $1,000,000 per occurrence and $2,000,000 in the aggregate and each with a waiver of subrogation in favor of the Town. The general liability and automobile liability shall name the Town and the Mamaroneck Union Free School District as an additional insured. (b) To the extent not covered by insurance, Woodard shall defend, indemnify and hold harmless the Town, its officers, employees, volunteers and agents from and against all loss, damage, expense, liability and other claims, including court costs and reasonable attorneys' fees resulting from injury to or death of persons, and damage to or loss of property to the extent caused by or arising out of the negligent acts or omissions of, or the willful misconduct of Woodard, its subcontractors, agents or employees in connection with the work to be performed hereunder; provided, however, that nothing herein shall require Woodard to indemnify the Town for events resulting from or arising out of the negligent acts or omissions of, or the willful misconduct of, the Town its officers, employees, volunteers or agents. Woodard shall have no 2 Page 165 of 187 up -front duty to defend for claims falling under Woodard's Professional Liability Insurance Policy. Fourth: The Town shall provide or allow Woodard with access to the Hommocks Fields; however, Woodard shall co-ordinate its activities with the Town Engineer and not unreasonably interfere with either the Town's or the School District's use of Hommocks Fields. Fifth: The Town may terminate this agreement at any time for any reason or for no reason at all by giving Woodard written or electronic notice of its decision to terminate and the date of termination. If terminated, the Town shall be liable to pay only for such services as Woodard will have performed as of the date of termination. Sixth: (d) Any notice shall be deemed to have been given either (A) on the day it is delivered, if it is hand delivered to the person for whom it is intended, (B) on the first business day after it is sent, if it is sent by an overnight courier with instructions that it be delivered the next business day to the party for whom it is intended; provided that the overnight courier in its advertising to the general public represents that it can deliver a parcel from its point of origin to its destination by the next business day or (C) on the third business day after it is mailed, if it is mailed to the party for whom it is intended by registered or certified mail, return receipt requested from one of the lower 48 states of the United States of America. The postal addresses of the parties and the names of the persons who are entitled to receive a notice or a copy of a notice ("Addressees") are If to the Town: Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 3 Page 166 of 187 With a copy to: Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 If to Woodard: Woodard & Curran Engineering and Geological Services P.A. P.C., 800 Westchester Avenue, Suite N507 Rye Brook, NY 10573 Att: Anthony Catalano With a copy to: Woodard & Curran Engineering and Geological Services P.A. P.C., 800 Westchester Avenue, Suite N507 Rye Brook, NY 10573 Att: Steve Lauria or to such other address that an Addressee shall have specified in a notification given to the other Addressees in a way that complies with this paragraph. Seventh: Woodard shall comply with all applicable laws, including, but not limited to, state and federal labor laws, laws regarding prevailing wages, and workers compensation. Woodard represents that it is not on the New York State Labor Department Debarred list and is in good standing with the New York State Department of Labor. If Woodard learns that it no longer is in good standing with the New York State Department of Labor, it must notify the Town of this change in status within 24 hours. Eighth: A party's failure to insist upon strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default in terms, conditions and covenants herein contained. 4 Page 167 of 187 Ninth: (a) This agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there has been and are no representations, warranties, covenants or understandings other than those expressly set forth herein and that all prior agreements between the parties regarding the subject matter of this agreement — whether oral or in writing — are merged into or superseded by this agreement and do not survive it as this document expresses the parties' entire understanding regarding the subject matter contained herein. (b) This agreement may only be changed by a writing executed by a duly authorized representative of each party. Tenth: The signatories to this agreement represent that (i) he or she has the right to enter into this agreement on behalf of the party for which he or she is signing this agreement, (ii) the consent of a third party is not required to perfect such authority, (iii) the party on whose behalf he or she is signing this agreement has undertaken all actions required to enter into this agreement, and (iv) his or her signature represents the binding obligation of such entity. Eleventh: This agreement may be executed in one or more counterparts, each of which shall be considered an original. Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. Twelfth: Neither party shall have the right to assign, transfer, convey, pledge or encumber its rights under this agreement. Thirteenth: If any court of competent jurisdiction holds any provision of this agreement invalid or unenforceable, the other provisions of this agreement will remain in full force and effect. Any provision of this agreement held invalid or unenforceable only in part or 5 Page 168 of 187 degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to execute and deliver such other documents and to perform such other acts as may, from time to time, be reasonably required to give full force and effect to the intent and purpose of this agreement. Fourteenth: Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number. Fifteenth: This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. Any litigation arising out of this agreement shall be brought in the Supreme Court of the State of New York in and for the County of Westchester. Sixteenth: Neither party shall be responsible or liable to the other for special, indirect or consequential damages. The total aggregate liability of the Woodard to Town for any and all claims whatsoever arising out of this Agreement shall not exceed the total compensation received by Woodard for the applicable scope of the Services. In Witness Whereof, the parties have agreed to the terms and conditions set forth therein. Town of Mamaroneck By: Meredith S. Robson, Town Administrator Date Woodard & Curran Engineering and Geological Services P.A. P.C. By: Anthony Catalano, Vice President, PE, BCEE Date 6 Page 169 of 187 March 1, 2023 7 Page 170 of 187 fll,lhr:]E 7 Ir;r, 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: 2023 Town & County Tax Warrant Date: March 15, 2023 Attached please find the 2023 Town & County Tax Warrant prepared by Tracy Yogman, Comptroller. Action Requested: Resolved that the Town Board hereby approves the 2023 Tax Warrant and authorizes the Town Supervisor to execute the warrant. Page 171 of 187 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: March 15, 2023 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2023 Town & County Tax Warrant TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org General: Attached is the 2023 Tax Warrant for the collection of Town and County taxes. The Town tax warrant is equal to the tax levy approved by the Town Board included in the 2023 Budget plus water arrears provided by the Westchester Joint Water Works. Included in the warrant are water arrears that were incurred in both 2021 and 2022. The 2021 water arrears were not included on the 2022 Town & County Warrant last year in order to comply with Chapter 106 of the Laws of 2021. The law provided that no municipality may "place, sell or enforce any lien on real property" until the legislation expired on July 1, 2022. As a result, the 2021 arrears were not levied in 2022 but deferred to the 2023 Tax Warrant. The 2023 Tax Warrant includes $42,197.06 for 2021 and $32,382.42 for 2022 for a total of $74,579.48 of water arrears. Attachments: 2023 TOWN & COUNTY TAX WARRANT Page 172 of 187 STATE OF NEW YORK ] COUNTY OF WESTCHESTER ] SS: TOWN OF MAMARONECK ] THE PEOPLE OF THE STATE OF NEW YORK To Tracy Yogman, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 15, 2023, by authority of Chapter 313 of Laws of 1934, to receive and collect from the several persons named in the Assessment/Tax Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, for the neglect to pay the Judicial, County, Town and Town District Taxes, relevies, charges for services, exemptions removed, water arrears and system rounding adjustment after the levy thereof as follows: Judicial and County Taxes $39,903,174.00 Town and Town District Taxes - 30,180,305.00 Town Relevy - - 0 - Charges for Services - 0 - Exemptions removed - 0 - Water arrears 74,579.48 System Rounding Adjustment - (4.43) $70,158,054.05 And you are hereby directed to deposit to the credit of the Town of Mamaroneck into the JP Morgan Chase Bank, all of such monies so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck, as required by the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck, Westchester County, New York, on the 15th day of March 2023. Jaine Elkind Eney, Supervisor Page 173 of 187 Page 174 of 187 fll,lhr:]E 7 Ir;r, 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 March 1, 2023 Date: January 25, 2023 The Minutes of the March 1, 2023, Town Board meeting are ready for approval on March 15, 2023. Action Requested: Resolved that the Town Board hereby approves the minutes of the Town Board meeting of March 1, 2023. Page 175 of 187 • Town of Mamaroneck Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: March 9, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Report of Minutes for March 1, 2023 General: The Minutes of 3/1/23 are ready for Town Board approval. Attachments: 2023-03-01 Final Minutes TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Page 176 of 187 PRESENT: ABSENT: ALSO PRESENT: Town of Mamaroneck Town Board Minutes Wednesday, March 1, 2023, Courtroom, Second Floor of Town Center 5:00 PM Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman Paul Creazzo, Police Chief Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator Robert P. Wasp, Town Engineer William Maker Jr., Town Attorney 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Tree Law The Board discussed several changes and corrections to the Town's proposed new Tree Law, covering items 207-7 (A) 'Tree Replacement' through 207-11 in the Town's current Tree Law. 2. Discussion - Larchmont Public Library: Proposed Operating Budgets for Fiscal Year 2022/23 Additionally Present: Lauren Gottfried, Library Chair, Laura Eckley, Library Director, and Library Board Members Barbara Flickinger and Jill Brennick. Lauren Gottfried, Larchmont Public Library (LPL) Chair, began the presentation on the LPL's proposed budget for Fiscal Year (FY) 2023/24 in the amount of $2,438,190, a 1.6% increase over the current year's budget. The LPL is funded primarily through transfers from the Village of Larchmont and the Town of Mamaroneck. Their proposed budget anticipates a 2.2% increase in those transfers for FY 23/24. The LPL feels that this proposed budget will allow the LPL to continue providing an exceptional level of service to our community while being fiscally responsible. The 2.2% funding increase requested, is slightly higher than the Larchmont Library's projected 1.6% expense increase due largely to the planned reduction of contributions from the LPL's fund balance, consistent with the Library's Fund Balance Policy, from $40,000 in FY22/23 to $30,000 in FY23/24. Page 177 of 187 Town Board March 1, 2023 The Library Director mentioned that they revised their budget from a projected 2.5% to 2.2% increase, as per the Village of Larchmont's request. To get there, they were able to save $3,500 in Health Insurance due to changes in enrollment and $3,500 in salary, which will eliminate the summer internship program. They have not had this seasonal summer help since the pandemic hit. Many of their current staff started as summer interns, and the Larchmont Library believes they offer a valuable long-term benefit by offering the first and last employment for some in our community. Town Supervisor Elkind Eney suggested that next year we return to holding a joint presentation on the Larchmont Library's budget together with the Village of Larchmont, as was done prior to COVID, so that these policy decisions could be discussed. The Library Chair pointed out that expenses increased 1.6% in the proposed budget. The increase is largely due to utilities, as well as an increase in the Larchmont Library's projected contribution to the NYS Employee Retirement System for FY23/24. The Larchmont Library's projected expenses for salaries and health insurance have decreased, despite a 13% increase in health insurance premiums and contractual increases to salaries. The Library Director added that one senior staff member retired, and another moved away to get married. Both were replaced by women that graduated from Mamaroneck High School, and both had done did internships at the Larchmont Library. She stated that the Larchmont Library's expenditures on library materials will remain at about the same level, with the shift to eBook and eAudio materials continuing in 2023. They are no longer purchasing audio CD's and have cut the DVD line as well, while moving their investing to streaming. For FY 23/24, the Town's apportionment (58%) is projected to increase by $29,478 to $1,369,373. Councilman King noted that without the recently installed BMS system the Larchmont Library's heating and cooling costs would be far worse. The new system does a better job of heating and cooling more efficiently, so he was thankful for their foresight and planning. The Library Director mentioned that the LPL's Lower Level reopened in the spring of 2022, 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 the LPL's patrons. As the LPL's services returned to normal over the past two years, the Larchmont Library's patrons have returned with enthusiasm. The LPL offers high quality programs for all ages. In particular, the LPL's children's department is busy all day, every day and even evenings, the LPL having reopened two evenings a week. The Library Director was pleased to announce the return of the LPL's Museum Pass Program, including passes now available to Caramoor, the Intrepid and Storm King, which is sponsored by the Friends of the Library. In addition, the LPL is now offering free digital access to the New York Times, also thanks to Friends of the Library. The LPL remains among the busiest and most cost-effective in Westchester. Councilwoman Katz asked about residency requirements for the LPL's programs. Library Director, Laura Eckley, responded that adult programs are not oversubscribed. Kids programs are first come, first served and that has worked well for a long time. Councilwoman Katz asked about FCU's and Village Center room. FCU's are fan coil Page 178 of 187 Town Board March 1, 2023 units, which allow the heating and cooling to be controlled differently in different areas of the LPL. With regards to the Village Center Room, the Library Director confirmed that Larchmont Village is indeed using the room and paying for that service. The cost of taking on the room was $12,000. Larchmont Village used the Room approximately 10% of the allowable time, so the LPL charges the Village of Larchmont $1,200 per year for the use of the room. Others, including the French American School frequently rent the room, so the LPL is nearing the $12,000 mark to breakeven now. Town Supervisor Elkind Eney requested an update on the costs, and the LPL agreed to follow up on the allocations (it was based on square footage). The Larchmont Public Library thanked the Town Board for their continued support of the Larchmont Public Library, and the Town Board thanked the Larchmont Public Library for the valuable services they provide. 3. Discussion - Amendment to the Mamaroneck Code to Allow Non-residents to Purchase Permits to Park Overnight in Parking Lot C The Town Clerk explained she had contacted the Coughlin Group regarding making overnight parking permits in Parking Lot C available to non-residents and had been requested to provide verbiage for a letter providing that allowance. The Town Board deferred setting a Public Hearing on this item to the March 15th Board Meeting. 4. Discussion - Madison Avenue Streetscape Design Town Supervisor Elkind Eney mentioned that we received a $1 million Environmental Facilities Corporation (EFC) grant a few years ago. We've been deferring that EFC grant while we apply for roundabout grants. The Town Supervisor proposed that the Town start the design process for the Madison Avenue Streetscape Design at the same time as we work on another grant application for a roundabout. The engineering consultants informed the Town that the construction documents would be ready in July. The only question is in regard to the traffic light, as that is a big -ticket item. The Town Supervisor explained that the new grant application she is working on will address all the needs and the entire redevelopment of the area, including the roundabout, affordable housing, safety, and the proximity to a Federal Highway (to allow possible funding through Transportation). The Town Supervisor has been gathering support letters. Senate grant applications are due March 6, with the House applications due much later. By September, we will know if the funding for a Town grant is in the Budget Bill. Next, the Town Supervisor will garner a Statewide Transportation Improvement Program letter from the New York State Department of Transportation. The Board agreed they are all in support of moving forward with the EFC grant work while the Town waits to hear about the roundabout grant. 5. Request for Executive Session Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the Town Board agreed to enter into Executive Session to discuss the employment history of a particular person or persons, and litigation with Save the Sound. Carried Moved by Councilwoman Katz, seconded by Councilman King, the Town Board unanimously agreed to resume the Regular Meeting 6. Discussion - Governor Hochul's Affordable Housing Proposal Carried Page 179 of 187 Town Board March 1, 2023 The Town Supervisor shared the attached proposed resolution that did not make the agenda. Because it is a lengthy resolution, the Town Board agreed to wait until the next meeting to review in detail. See Attachment A. 7. 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. At the last Town Board Work Session, the Town Board discussed the IMA in detail and had several questions that needed to be addressed before moving forward. As all of the Board's questions had been resolved, the Town Board agreed to pass the authorization to sign the IMA later this evening. 8. Discussion - 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. Town Supervisor Elkind Eney explained the resolution for the Board's consideration. The Supervisor noted the reasons for supporting the resolution, as detailed in the 'Summary of proposed EMS Legislation' included in the agenda packet. The Town Supervisor reiterated that like the insurance provided for our Volunteer Firefighters, EMS access to the Town's insurance would allow the EMS workers to pay for it. The Town would not be paying for the EMS worker's health insurance. The Board had the one question about health benefits, but otherwise was in full support of passing the resolution in support of the proposed statute. 9. Additions to Regular Meeting Agenda 1. The Town Board agreed to remove Affairs of the Town Item #2, to be reviewed again at the next Town Board meeting on March 15. 2. The Board also agreed to add Affairs of the Town Item #5 Appointments to Boards and Commissions. 10. Second Executive Session Moved by Councilwoman Fiddelman, 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 potential litigation with Westchester Joint Water Works. Carried Moved by Councilman King, seconded by Councilwoman Nichinsky, the Town Board unanimously agreed to resume the Regular Meeting 11. Advice of Counsel Carried Page 180 of 187 Town Board March 1, 2023 Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, the Town Board agreed to enter into Advice of Counsel. Carried On motion of Councilman King, seconded by Councilman Fiddelman, the Town Board ended their Advice of Counsel and agreed to resume the Regular Meeting. Carried 12. Updates Town Supervisor Elkind Eney mentioned the Lion's Club interest in the kiosk by Lot B at the Larchmont Train Station. The Board briefly discussed the pros and cons of a project at the kiosk. The Board indicated that the Lion's Club should decide on a specific use for the kiosk and present this to the Board. 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor of the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.orq CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:08 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 1. Welcome to the March 1, 2023, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session here at the Town Center in Conference Room A starting at 5:OOpm, which is open to the Public. Well, March came in like a lion.... Let's hope this was the last (and only) gasp of winter! I want to thank our Highway Department for doing their usual outstanding job at clearing our roads so that we can all travel safely throughout the Town. There has been much discussion among the many municipalities here in Westchester, and across the State, about the proposed housing plan announced by Governor Hochul early in February. The Housing Plan, "The New York Housing Compact", would require, among other things, all cities, towns, and villages to achieve new home creation targets on a three-year cycle. Under certain circumstances, downstate municipalities served by the Metropolitan Transportation Authority, such as the Town of Mamaroneck, will have a three percent new home target over each three- year cycle. In addition, "The Transit Oriented Development Act of 2023" would require cities, villages, and towns to adopt land use regulations allowing for higher density development for areas within'/2 mile of an MTA transit station. In the case of the Town of Mamaroneck, the requirement would be 30 residential units per acre. Although housing is indeed in short supply and many would agree that NY is in the midst of a housing crisis, important issues such as the "one size fits all" approach of the Governor's Plan, the State taking control over local zoning, and exemption of projects, under certain circumstances, from environmental review, are quite controversial. Meredith and I, along with representatives of both villages and of the school district, met via zoom with our state representatives, Shelley Mayer and Steve Otis, to express our concerns about some of the provisions of the Governor's Housing Page 181 of 187 Town Board March 1, 2023 proposal. The Town also joined in on a letter to the Governor with Westchester Municipal Officials Association (WMOA) and Westchester Putnam Association of Town Supervisors (WPATS), again expressing our concerns about the proposal as it stands and offering suggestions for revision to her proposals. For those of you who travel by air, good news! TSA precheck enrollment is coming to Westchester County Airport in March. TSA Precheck is an expedited security screening program for airline passengers who are considered low risk and who qualify for the program. The special five-day enrollment period will be available daily from Monday March 27 through Friday March 31 at Westchester County Airport in White Plains from 9am to noon and then from 1 pm to 5pm. PUBLIC HEARING(S) There was no public hearing. RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board. Justin DuPree with the Larchmont Gardens Civic Association inquired about the timing of the repair to the water main leak at Falls Road and Lakeside Drive. The Town Supervisor said that Westchester Joint Water Works (WJWW) has a plan for that leak. WJWW is waiting for approval from the Department of Health. Next, Mr. DuPree asked about graffiti on both the Rockland and Weaver Street bridges. The Town Administrator shared that the Weaver Street bridge which is maintained by the State would be cleaned soon. The Rockland bridge is an MTA bridge, but we can check on when that will be cleaned. Anthony Forma of Jason Lane asked for additional information on the Governor's Housing Proposal. The Town Supervisor mentioned he (and everyone!) should sign up for the Town newsletters and emergency alerts by going to the News and Notices button on the Town's homepage. The Supervisor added that there is an article in her latest newsletter with a link for more information. STAFF COMMENTS/ PRESENTATIONS 1. Chief of Police - Paul Creazzo Police Chief Paul Creazzo presented his quarterly report and is entered into the record as follows: TOWN OF MAMARONECK POLICE DEPARTMENT CHIEF'S REPORT 2nd Half, 2022 The following is a breakdown of some of the activities of the department from July 1st to December 31st, 2022. Total Calls Criminal Cases Auto Accidents Medical Service Calls OVERALL ACTIVITY 5629 (2022 Yearly total 11,130) 115 (2022 Yearly total 240) 111 (2022 Yearly total 195) 339 (2022 Yearly total 627) In terms of crime, fraud leads the way in terms of our reported incidents. Identity theft Page 182 of 187 Town Board March 1, 2023 and check fraud account for the lion's share of our compliant reports. Residents are encouraged to safeguard their personal identifying information. Also, when sending checks in the mail, mail it from the Post Office if at all possible. TRAINING ACTIVITY The members of the Department completed the following department wide training: • Semi-annual Firearms Qualification/Training • Principled Policing 2 — Procedural Justice • CPR Certification/First Aid • 911 Diversion Training/Mental Health Other training topics included an Armorers Course, Electric Vehicle Fire Response, Six Datamaster recertifications, two new Breath Analysis Operator certifications, Active Threat Integrated Response Course COMMUNITY OUTREACH/EVENTS • Our Child Passenger Safety Seat Technicians continue to be active. 22 seats were installed in the second half of the year. Any resident can set up an appointment for a seat installation by phone or email. The registration form is posted on the Department Website. • On August 2nd, members of the Department participated in the Village of Mamaroneck's National Night out. • On September 11th, Members of the Department were both honored to participate in 9/11 Remembrance ceremonies sponsored by the Town of Mamaroneck and Winged Foot Golf Club. • On October 5th, Town Officers joined members of the Village of Mamaroneck PD in National Coffee with a Cop Day at McDonald's. • On October 8th, Police Officer DiBuono represented the department at the City of New Rochelle's Touch -a -Truck event. • On October 29th, Detective La Rosa and P.O. Guski attended the Central School Scare Fair. • On October 31st, Lt. Maher and P.O. Whitney participated in the TMFD Trick - or -Treat event. • On December 20th, we capped off the year with nine members of the Department attending the annual Operation Blue Santa event at the Maria Fareri Children's Hospital. MISCELLANEOUS At that point, Chief Creazzo spoke to a group of residents in attendance that lived on or near Jason Lane in the Town of Mamaroneck. Chief Creazzo acknowledged that we recently had three residential burglaries on or near Jason Lane. The Town of Mamaroneck Police Department believes there are six related burglaries that occurred in the Town during January and February. In a seventh burglary, someone entered a house and took the keys to steal a vehicle but nothing else. Chief Creazzo explained several ways to protect against this type of burglary. There is a checklist for burglary prevention in the latest Supervisor's Newsletter and we will post on the website. To help prevent these crimes, the Town has unmarked cars out on patrol throughout the Town. If you see something, call the Police Department and we will send a car to investigate. Chief Creazzo suggested to not let potential burglars know that you are not home. If you are not home, put a light on a timer and be sure to lock up and store valuables away in hard -to -find places. Ensure no packages, mail, or newspapers are left out, and be sure to get with neighbors to alert them to your travels. He recommends an alarm and if you have one, be sure it is on. There is also a dark house program, so if you have travel plans, please contact the Police in Page 183 of 187 Town Board March 1, 2023 advance and they will check on your residence while you are away. In addition, Chief Creazzo offered the neighbors of Jason Lane a crime prevention meeting led by one of his officers, for the entire group, or even individually in their homes. Councilmember King added that some communities will come together to get lawn placards or start a neighborhood watch program, as that may be another good deterrent. Supervisor Elkind Eney thanked Chief Creazzo for his presentation. Chief Creazzo supplied the Town of Mamaroneck Police Department's number to the group: 914-381-6100. AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization - Larchmont Public Library: Proposed Operating Budgets for Fiscal Year 2022/23 Town Supervisor Elkind Eney proposed the resolution in support of the Larchmont Public Library's Proposed Operating Budget for Fiscal Year 23/24, noting the proposed contribution from the Town would be $1,369,373, an increase of $29,478. Moved by Councilwoman Fiddelman, seconded by Councilman King, it was Resolved that the Town Board hereby approves the 2023/24 budget for the Larchmont Public Library. Carried 2. Parking Lot C - deferred to the Town Board meeting on March 15, 2023 3. Authorization - 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 is necessary for the Town to authorize to garner $2,084,986 in funding from Westchester County towards the Waverly Avenue Bridge Replacement project. Moved by Councilwoman Katz, seconded by Councilman King, it was Resolved that the Town Board hereby authorizes the Town Administrator to sign the IMA and any related documents necessary to carry out its implementation. Carried See Attachment B. 4. Authorization - 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. Town Supervisor Jaine Elkind Eney explained that by setting standards and providing plans and benefits to EMS workers, this proposed legislation will encourage the enrollment of people into the EMS service. This resolution supports the proposed New York State legislation sponsored by Senator Shelley Mayer and Assemblyman Steve Otis, that aims to ensure EMS services are deemed essential services throughout New York State. Page 184 of 187 Town Board March 1, 2023 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 Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, 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 of Mamaroneck 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 of Mamaroneck 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 Carried 5. Appointment of Larry Thaul to Housing Authority Member B Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was Resolved that the Town Board hereby appoints Laurence J. Thaul to the position of Member B on the Town of Mamaroneck Housing Authority board, Page 185 of 187 Town Board March 1, 2023 said term expiring 12/31/24. Carried REPORTS OF MINUTES 1. Report of Minutes for February 15, 2023 Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was Resolved that the Town Board hereby approves the minutes of February 15, 2023. Carried REPORTS OF THE COUNCIL Councilwoman Katz • Announced that the Larchmont Library is participating in the Five Towns, One Book program sponsored by CURE. They will be screening 'A Raisin in the Sun', a classic film by Lorraine Hansberry on March 18. • Explained that unfortunately a crosswalk does not always make sense to install, wherever you might want one. In fact, a crosswalk can sometimes cause more traffic problems because pedestrians believe they are safe to cross. • Announced that on Old White Plains Road there is now a 25 mile per hour speed limit. Councilwoman Fiddelman • The next Larchmont Mamaroneck Local Summit meeting will feature our very own Town Supervisor speaking 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.localsummitlm.org for more information or visit LMC Media to view the meetings. Councilman King • Confirmed the Town is still in the queue for our new fire engine, and we are now looking at an estimated two -and -a -half year wait for our production slot. If we had not ordered our new engine when we did, we may now be looking at a five-year wait. • Coastal Zone met and received several petitions, which are in process. • Summer Camp enrollment begins March 6th at 9am. • The L'il Bunny Hop and 5K will be on April 23ra • Escape with the Easter Bunny at the Hommocks Rink will be on April 1st. • Renovation of Memorial Park is to be completed by the end of May, with pickleball permits available for sale starting March 6th. Councilwoman Nichinsky • Nothing to report but heartbroken to find she will be missing the L'il Bunny Hop and Spelling Bee to attend a wedding. ADJOURNMENT On motion of Councilman King, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned at 9:15pm. Next Regularly Scheduled Meeting - March 15, 2023 Carried Page 186 of 187 Town Board March 1, 2023 Submitted by Allison May, Town Clerk Page 187 of 187