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HomeMy WebLinkAbout2023_04_04 Town Board Meeting Packetv FOUNDED 1661 • Town of Mamaroneck Town Board Agenda Tuesday, April 4, 2023 Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in the Senior Center at 1288 West Boston Post Rd, Larchmont, NY 10538 . CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Tree Law 2. Discussion - LMC Renovations 5 LMC Renovations - Pdf 3. Discussion - New York State Thruway Authority Agreement 6 - 9 New York State Thruway Agreement - Pdf 4. Discussion - Westchester County Firearms Training Agreement 10 - 23 Firearms Training Agreement - Pdf 5. Discussion - Westchester County Public Safety Answering Point ("PSAP") 24 - 37 Agreement Westchester County Public Safety Answering Point ("PSAP") Agreement - Pdf 6. Discussion- Local Law to Place a Stop Sign at the Exit onto Rockridge Road 38 - 40 Stop Sign at Rockridge Road Dunkin Donuts - Pdf 7 Discussion - Local Law Prohibiting Smoking in Town Parks 41 - 45 Local Law Prohibiting Smoking in Town Parks - Pdf 8. Discussion - Local Law Creating an Exemption from the Filmmaking Law 46 - 48 Local Law Creating an Exemption from the Filmmaking Law - Pdf 9. Discussion - Award of Bid - TA-23-02 - Memorial Park Walkways & Sidewalk 49 - 52 Replacement (Rebid) Award of Bid - TA-23-02 — Memorial Park Walkways & Sidewalk Replacement (Rebid) - Pdf 10. Discussion - Award of Bid - TA-23-05 - Landscape Maintenance Services - 53 - 55 Town Cemeteries and Right of Ways - 2023-2024 Award of Bid - TA-23-05 - Landscape Maintenance Services - Town Cemeteries and Right of Ways — 2023-2024 - Pdf 11. Discussion - Award of Bid - TA-23-07 - Landscape Maintenance Services - 56 - 58 Senior Center, Hommocks Fields & Pool Area Page 1 of 162 Award of Bid - TA-23-07 Landscape Maintenance Services Town Senior Center, Hommocks Fields, and Pool Complex — Years 2023 & 2024 - Pdf 12. Discussion - Disposal of Town Devices Disposal of Town Devices - Pdf 13. Discussion - Resolution to Oppose the Discharge of Contaminated Water from Indian Point Resolution to Oppose the Discharge of Contaminated Water from Indian Point - Pdf 14. Discussion - State Building Code Resolution State Building Code Resolution - Pdf 15. Request for Executive Session 16. Updates 17. Additions to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Senior Center at 1288 West Boston Post Rd, Larchmont, NY 10538. The Public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.orq CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) 1. 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 Notice of PH Tax Exemption Fire/Ambulance The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption LL RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 24 Mar 2023 - Fire Claims - Pdf 3. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 59 - 62 63 - 65 66 - 68 69 - 73 74-76 1. Authorization - New York State Thruway Authority Agreement 77 - 80 New York State Thruway Agreement - Pdf 2. Authorization - Westchester County Firearms Training Agreement 81 - 94 Firearms Training Agreement - Pdf 3. Authorization - Westchester County Public Safety Answering Point ("PSAP") 95 - 108 Agreement Westchester County Public Safety Answering Point ("PSAP") Agreement - Pdf Page 2 of 162 4. Set a Public Hearing - Local Law to Place a Stop Sign at the exit onto 109 - 111 Rockridge Road Stop Sign at Rockridge Road Dunkin Donuts - Pdf 5. Set a Public Hearing - Local Law Prohibiting Smoking in Town Parks 112 - 116 Local Law Prohibiting Smoking in Town Parks - Pdf 6. Set a Public Hearing - Local Law Creating an Exemption from the Filmmaking 117 - 119 Law Local Law Creating an Exemption from the Filmmaking Law - Pdf 7 Set a Public Hearing - Amendment to the Mamaroneck Code to Allow Non- 120 - 124 residents to Purchase Permits to Park Overnight in Parking Lot C Amendment to the Mamaroneck Code to Allow Non-residents to Purchase Permits to Park Overnight in Parking Lot C - Pdf 8. Award of Bid - TA-23-02 - Memorial Park Walkways & Sidewalk Replacement 125 - 128 Award of Bid - TA-23-02 — Memorial Park Walkways & Sidewalk Replacement (Rebid) - Pdf 9. Award of Bid - TA-23-05 - Townwide ROW & Cemeteries Landscape 129 - 131 Maintenance Services 2023-2024 Award of Bid - TA-23-05 - Landscape Maintenance Services - Town Cemeteries and Right of Ways — 2023-2024 - Pdf 10. Award of Bid - TA-23-07 - Senior Center & Hommocks Landscape 132 - 134 Maintenance Services 2023-2024 Award of Bid - TA-23-07 Landscape Maintenance Services Town Senior Center, Hommocks Fields, and Pool Complex — Years 2023 & 2024 - Pdf 11. Authorization - Disposal of Town Devices 135 - 138 Disposal of Town Devices - Pdf 12. Authorization - Resolution to Oppose the Discharge of Contaminated Water 139 - 141 from Indian Point Resolution to Oppose the Discharge of Contaminated Water from Indian Point - Pdf 13. Authorization - State Building Code Resolution State Building Code Resolution - Pdf 14. Salary Authorization - Highway Department Salary Authorization - Highway Department - Pdf 15. Salary Authorization and Labor Foreman Status Change Salary Authorization and Labor Foreman Status Change Pdf REPORTS OF MINUTES 1. Report of Minutes for March 15, 2023 2023-03-15 Final Minutes REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT 142 - 144 145 - 146 147 - 151 152 - 162 Page 3 of 162 REGULARLY SCHEDULED MEETING - April 19, 2023 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 4 of 162 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: LMC Renovations Date: March 31, 2023 This will be a general discussion regarding LMC's request to move forward the renovation related to the previously awarded grant. Page 5 of 162 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: New York State Thruway Authority Agreement Date: March 16, 2023 Attached is a memo from Town Clerk, Allison May, regarding a resolution to authorize the Town to enter into an agreement with NYS Thruway Authority to sell E-ZPass Tags. The E-ZPass tags will be sold by the Town at a rate of $25.00 per Tag and the Town will receive $4.00 in revenue for each Tag sold. Action Requested: Resolved that the Town Board hereby approves the agreement with the NYS Thruway Authority to sell E-ZPass Tags and hereby authorizes the Town Clerk to execute the agreement and any related documents necessary to carry out its implementation. Page 6 of 162 • Town of Mamaroneck Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: March 16, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: New York State Thruway Authority Agreement TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org General: The Town Clerk wishes to provide another service to Town residents: E-ZPass Tags. The Town Clerk's office will purchase E-ZPass Tags for the cost of $21.00 per Tag from the Thruway Authority and will sell the Tags at a cost of $25.00 per Tag, allowing the Town of Mamaroneck to keep $4.00 per sale. The Town Clerk requests that the Town Board authorize the Town Clerk's office to enter into an agreement with the New York State Thruway Authority to sell E-ZPass Tags provided all legal requirements are complied with. Attachments: Town of Mamaroneck Application Page 7 of 162 TA-W6333 (12/2014) Page 1 of 2 New York State Thruway Authority E-ZPass Operations P.O. Box 189 Albany, NY 12201 Phone: (518) 471-4218 Fax: (518) 436-2808 E-mail: ezpassny@thruway.ny.gov E-ZPASS ON -THE -GO RETAIL SALES PROGRAM APPLICATION for Municipalities, State Agencies and Public Colleges and Universities ffss® INSTRUCTIONS: • Please read the E-ZPass On -the -Go Retail Sales Agreement. • Complete Sections I through V and mail, fax or e-mail as noted above. (This Application must be completed in its entirety and signed by an authorized representative). • Upon approval of Application, the Retail Sales Agreement will be sent to Applicant for execution. NOTE: Municipal Applicants are required to provide an approved Legislative Resolution authorizing the sale of E-ZPass Tags (sample attached). Section I Applicant Information Applicant Name Town of Mamaroneck Authorized Representative Name Allison May, Town Clerk Phone No. (914 ) 381 _ 7870 Doing Business As (DBA)(if applicable) Federal Employer ID No. 13-6007302 Fax No. (914 )381 _ 7813 Address of Primary Place of Business or Principal Office 740 W. Boston Post Road City Mamaroneck State NY Q Zip Code 1 0 5 4 3 - Section II Retail Location Information Number of retail (1) the entity locations: operates Type(s) la of retail locations where E-ZPass On -the -Go Tags will be distributed: Municipality State Agency Public College or University (2) applying On -the -Go for E-ZPass Tag distribution 1 Other Section III Specific Retail Information for E-ZPass On -the -Go Tag Sales (See Page 2) Section IV E-ZPass On -the -Go Retail Sales Agreement (See attached) Section V Applicant Representation and Certification I hereby represent that all of the information provided in this Application is complete, true and accurate. I further represent that I am authorized to execute this Application on behalf of the entity named in Section I. r ' ' , Allison May, Town Clerk 03/14/2023 - Signatlire Authorized Representative Title Date Authorized Representative Important Note to Applicants: Submission of an E-ZPass On -the -Go Retail Sales Program Application does not guarantee that it will be approved. Approval to participate as an E-ZPass On -the -Go merchant is within the sole discretion of the New York State Thruway Authority. Applicants may be required, at the request of the Thruway Authority, to provide additional information regarding the financial responsibility of the applicant. It is not necessary to employ any person, agency, or organization to assist you in filing this Application. Beware of persons claiming to be able to assist you in securing action on your Application. If you have questions on the Application or need assistance completing it, contact E-ZPass Operations at the number listed above. Page 8 of 162 TA-W6333 (12/2014) E-ZPASS ON -THE -GO RETAIL SALES PROGRAM APPLICATION Page 2 of 2 for Municipalities, State Agencies and Public Colleges and Universities INSTRUCTIONS: Complete information for each retail location that will be selling E-ZPass On -the -Go Tags. Photocopy as needed. Section III Specific Retail Information for E-ZPass On -the -Go Tag Sales (Cont.) Location Information Location Name Town Clerk, Town of Mamaroneck E-mail Address townclerk@townofmamaroneckny.org Type Municipality Contact Name Allison May, Town Clerk Phone No. (914 ) 381 - 7870 Address 740 West Boston Post Road City Mamaroneck State NY Q Zip Code 1 0 5 4 3 County Westchester Hours Sunday G Monday 9:00 AM G Tuesday 9:00 AM IQ Wednesday 9:00 AM Q Thursday 9:00 AM Q Friday 9:00 AM Q Saturday Q of Operation to Q Q to 4:00 PM Q to i 4:00 PM Q to 4:00 PM Q to 4:00 PM R7 to 4:00 PM Q to Q Location Information Location Name E-mail Address Type Contact Name Phone ( No. ) - Address City State Qa Zip Code !County Hours Sunday Q Monday la Tuesday p Wednesday la Thursday Q Friday p Saturday Q of Operation to to Q to G to la to Q to Q to IC Retail Location Information Location Name E-mail Address Type Contact Name Phone ( No. ) - Address City State Q Zip Code County Hours Sunday Q Monday la 1 Tuesday Q Wednesday la Thursday p Friday Q Saturday Q of Operation to Q Q to Q to Q Q to Q to to p to Q Q Location Information Location Name E-mail Address Type Contact Name Phone ( No. ) - Address City State Q Zip Code County Hours Sunday Q Monday Q Tuesday Q Wednesday Q Thursday Q Friday Q Saturday Q of to Operation to Q Q to Q to G to C Cr to Q to D DI Page 9 of 162 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: Firearms Training Agreement Date: March 20, 2023 Attached is a proposed agreement between the Town of Mamaroneck and Westchester County to receive access to their firing range facility located at the County's Police Academy in Valhalla, New York also known as the Grasslands Reservation, in the Town of Mount Pleasant. Although there are costs associated with the Range stipulated in the agreement, since we send our own training officer for our training sessions and we also assist the County in covering other trainings if necessary, there is ultimately no cost to the Town. Action Requested: Resolved that the Town Board hereby approves the agreement with Westchester County for access to their firing range facility and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachments: Police Firing Range Agreement 2023 Page 10 of 162 THIS AGREEMENT ("Agreement"), made this day of March, 2023, by and between: and THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred to as the "County") TOWN OF MAMARONECK, a municipal corporation of the State of New York, having an office and place of business at 740 West Boston Post Road, Mamaroneck, New York 10543 (hereinafter referred to as the "Municipality") WITNESSETH: WHEREAS, the County, acting by and through the Westchester County Department of Public Safety Services (hereinafter referred to as the "Department"), has a firing range facility ("Firing Range") located at the County's Police Academy in Valhalla, New York, also known as the Grasslands Reservation, in the Town of Mount Pleasant, New York ("Police Academy"). This eighteen (18) point state-of-the-art Firing Range has an advanced targeting system and can accommodate duty side arms and most patrol rifles carried by law enforcement personnel in this County; and WHEREAS, Municipality desires to send its public safety employees to the Firing Range for firearms training purposes, upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties agree as follows: Section 1. The County and the Municipality agree that the Municipality may utilize the Firing Range by sending public safety employees to the Firing Range for firearms training, subject to availability. The Municipality may utilize the Firing Range during the hours of 8:00 am to 4:00 pm, or 4:00 pm to 12:00 am. Advance reservations will be required in order to use the Firing Range. The Municipality must contact the Department by telephone to determine availability and make a reservation at least forty-eight (48) hours prior to the desired firearms training session. Promptly thereafter, upon at least twenty-four (24) hours prior to the reservation date, the Municipality shall send via facsimile or email a written confirmation letter to the Page 11 of 162 Department specifying the dates and times reserved. The Department's Firing Range telephone number is (914) 231-4381 and the facsimile number is (914) 231-4389. It is hereby understood by the Municipality that an email will be provided by the Department's Firing Range personnel upon a telephonic request for same from the Municipality. Section 2. In exchange for the use of the Firing Range, which will be staffed by a Department safety officer, the Municipality shall pay a flat fee of Six Hundred and Thirty ($630.00) Dollars per eight (8) hour tour, for a maximum number of thirty-six (36) officers in attendance. The Firing Range shall be operated under the direction of the safety officer. The Municipality shall adhere to all instructions issued by the Department's safety officer. A Municipality shall have the option of requesting the Department to provide a firearms instructor to assist with the training process of its employees. If the Municipality requests a firearms instructor, the Municipality shall pay an additional fee equal to $80.79 per hour or $646.32 per eight (8) hour tour. Any one attending the Firing Range shall be responsible to bring his/her own weapons and ammunition. In the event that police officers from the Municipality provide instruction at the Police Academy under a separate agreement between the County and the Municipality, the Department's Commissioner or his duly authorized designee may provide such Municipality with a credit equal to one (1) eight (8) hour tour at the Firing Range for each seven (7) hours of instruction at the Police Academy. The County shall send an invoice to the Municipality not later than the l5th day of the month following the month in which the services were provided by the County. The Municipality shall pay any such invoice within thirty (30) days of receipt thereof. Section 3. The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "A," entitled "Standard Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule "A," the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the sole negligence of the County, the Municipality shall indemnify and hold 2 Page 12 of 162 harmless the County, its officers, employees, agents, and elected officials from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto; and (c) In the event the Municipality does not provide the above defense and indemnification to the County, and such refusal or denial to provide the above defense and indemnification is found to be in breach of this provision, then the Municipality shall reimburse the County's reasonable attorney's fees incurred in connection with the defense of any action, and in connection with enforcing this provision of the Agreement. Section 4. In no event shall the County have any obligation to the Municipality or its employees for a any claim raised or benefits provided pursuant to New York General Municipal Law Section 207-c. Section 5. The term of this Agreement shall commence upon execution and continue in full force and effect until July 31, 2025, unless terminated earlier pursuant to the terms herein. Section 6. This Agreement may be terminated by either party by giving written notice of such termination to the other party not less than thirty (30) days prior to the effective date of such termination. Section 7. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre -paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. To the County: Commissioner - Sheriff of Public Safety 3 Page 13 of 162 With a copy to: Saw Mill River Parkway Hawthorne, New York 10532 County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To the Municipality: Section 8. The failure of either party to insist upon strict performance of any term, condition or covenant herein shall not be deemed a waiver of any rights or remedies that the party may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions or covenants herein. Section 9. This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties. Section 10. The Municipality and the County agree that the Municipality and its officers, employees, agents, Municipalities, subconsultants and/or consultants are independent contractors and not employees of the County or any department, agency or unit thereof. In accordance with their status as independent contractors, the Municipality covenants and agrees that neither the Municipality nor any of its officers, employees, agents, contractors, subconsultants and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof. Section 11. Municipality shall comply, at its own expense, with the provisions of all applicable local, state and federal laws, rules and regulations relating to this Agreement. 4 Page 14 of 162 Section 12. Nothing herein is intended or shall be construed to confer upon or give to any third party or its successors and assigns any rights, remedies or basis for reliance upon, under or by reason of this Agreement, except in the event that specific third party rights are expressly granted herein. Section 13. This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Westchester. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. Section 14. This Agreement shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 5 Page 15 of 162 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE COUNTY OF WESTCHESTER By Terrance Raynor Acting Commissioner —Sheriff Department of Public Safety MUNICIPALITY By (Name and Title) Approved by the Westchester County Board of Legislators by Act No. 20 - on , 20_. Approved as to form and Manner of execution: Assistant County Attorney Date The County of Westchester Firing Range 1MA.Template.cmc.05. I2.2020.doc 6 Page 16 of 162 MUNICIPALITY'S ACKNOWLEDGEMENT State of New York County of Westchester } SS. On this day of March, 2023, before me personally came , to me known, and known to me to be the of Town of Mamaroneck, the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he/she, the said resides at and that he/she is of said municipal corporation. Notary Public County Page 17 of 162 CERTIFICATE OF AUTHORITY (Municipality) 1, , certify that I am the (Officer other than officer signing contract) of the Town of Mamaroneck (Title) (Name of Municipality) (the "Municipality") a corporation duly organized in good standing under the (Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law) named in the foregoing agreement that who signed said (Person executing agreement) agreement on behalf of the Municipality was, at the time of execution of (Title of such person), the Municipality, that said agreement was duly signed for on behalf of said Municipality by authority of its thereunto duly authorized, (Town Board, Village Board, City Council) and that such authority is in full force and effect at the date hereof. (Signature) State of New York County of Westchester } ss. On this day of March, 2023 before me personally came , to me known, and known to me to be the of Town of Mamaroneck, the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he/she, the said resides at and that he/she is of said municipal corporation. Notary Public County Page 18 of 162 SCHEDULE"A" STANDARD INSURANCE PROVISIONS (MUNICIPALITY -Firing Range Agreement) 1. Prior to commencing work, and throughout the term of the Agreement, the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. The Municipality shall provide evidence of such insurance to the County of Westchester ("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County ("Director"). The policies or certificates thereof shall provide that ten (10) days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the "County of Westchester" and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of the Municipality's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. Page 19 of 162 2 The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the Agreement): a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE- 200, available to download at: http://www.wcb.ny.gov. If the employer is self -insured for Workers' Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self -Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self -Insurance). b) Employer's Liability with minimum limit of $100,000.00. c) Commercial General Liability Insurance with a combined single limit of $1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the "County of Westchester" as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i.Premises - Operations. ii.Broad Form Contractual. iii.Independent Contractor and Sub -Contractor. iv.Products and Completed Operations. d) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and Aggregate naming the "County of Westchester" as additional insured, written on a "follow the form" basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County for both on -going and completed operations. e) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000.000 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages and name the "County of Westchester" as additional insured: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non -owned automobiles. f) Police Professional Liability: The Municipality shall provide proof of such insurance ($1,000,000 per occurrence) 2 Page 20 of 162 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above -described insurance. (b) The clause "other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. (c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. Page 21 of 162 ACOR?J CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 12/16n022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po Icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Brown & Brown of New York, Inc. 625 Route 6 Mahopac NY 10541 CONTACT Diane Greenberg NAME: PHONE Extl: (845) 628-4500 AX 1 Net: (845) 628-1804 AOORE Dlane.Greenberg®bbrown.com ADDRESS: INSURERS) AFFORDING COVERAGE NAIC 5 INSURER A: New York Municipal Insurance Reciprocal 20690 INSURED Town of Mamaroneck 740 West Boston Post Rd Mamaroneck NY 10543 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVE GES CERTIFICATE NUMBER: 22-23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE NSD 511 D POUCY NUMBER 4sMLTCY EFF (MM/DD/YYYY► {POLICY EXP (MMIDD/YYYY) UMITS A X COMMERCIAL GENERAL LIABILITY Y Y MPLTMAM001 09/01/2022 09/01/2023 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) 5 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) 5 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERALAGGREGATE 5 3,000,000 GENLAGGREGATE — LIMIT APPLIES PER: POLICY ❑ j�o- ❑X LOC OTHER: PRODUCTS • COMP/OP AGG 5 1,000,000 5 A AUTOMOBILE X _ UABIUTY ANY AUTO OWNED _ _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y MCATMAM001 09/01/2022 09/01/2023 COMBINED SINGLE LIMIT (Ea accident) 5 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per acdderd) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA UAB EICESSLIAB X OCCUR CLAIMS -MADE Y Y MECTMAM001 09/01/2022 09/01/2023 EACH OCCURRENCE 5 16,000,000 AGGREGATE S 32,000,000 $ DED I RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS UABIUTY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below N /A I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Law Enforcement Liability MLETMAM001 09/01/2022 09/01/2023 OccurencelAggregate Deductible: Sl m/$2m $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is mquired) Re: IMA Firing Range/Firearrns Training at Grasslands Reservation (Police Academy) County of Westchester Is included as Additional Insured as required by written contract or written agreement with respects to General Liability, Auto Liability and Excess Liability. Coverage is Primary and Non -Contributory as required by written contract or written agreement with respects to General Liability, Auto Liability and Excess Liability. Waiver of Subrogation applies in favor as required by written contract or written agreement with respects to General Liability, Auto Liability and Excess Liability. 30 Days' notice of cancellation shall apply. CERTIFICATE HOLDER CANCELLATION County of Westchester Michaelian Office Building 148 Martine Avenue White Plains SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE NY 10601 Orlon M4, ACORD 26 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 22 of 162 STATE OF NEW YORK WORKERS' COMPENSATION BOARD CERTIFICATE OF PARTICIPATION IN WORKERS' COMPENSATION GROUP SELF-INSURANCE la. Legal Name and Address of Business Participating in Group Self -Insurance (Use Street Address Only) Town of Mamaroneck Attn: Connie Green O'Donnell 740 West Boston Road Mamaroneck, NY 10543 Id. Corporate Contact Name of Business referenced in box "la" Business Telephone Number of Business referenced in box "1a" Meredith S. Robson 914-381-7810 le. NYS Unemployment Insurance Employer Registration Number of business referenced in box "la" 1 b. Effective Date of Membership in the Group 03/01/1995 lc. The Proprietor, Partners, or Executive Officers are ElIncluded (onlycheck box If all partners/officers Included) ill all excluded or certain partners/officers excluded 1f. Federal Employer Identification Number of Business referenced In Box "la". 136007302 2. Name and Address of the Entity Requesting Proof of Coverage (Entity Being Listed as Certificate Holder) County of Westchester 148 Martine Ave. While Plains, NY 10 RE; Proof of Workers' Compensation Coverage; Waiver or subrogation is issued in relation to Westchester County firearms training 3. Name and Address of Group Self -Insurer Public Employer Risk Management Association PO Box 12250 Albany, NY 12212-2250 This certifies that the business referenced above in box "la" is complying with the mandatory coverage requirements of the New York State Workers' Compensation Law as a participating member of the Group Self -Insurer listed above in box "3" and participation in such group self-insurance is still in force. The Group Self -Insurer's Administrator will send this Certificate of Participation to the entity listed above as the certificate holder in "box 2". The Group Self -Insurers Administrator will notify the above certificate holder within 10 days IF the membership of the participant listed in box "la" is terminated. (These notices may be sent by regular mail.) Otherwise, this Certificate is valid for a maximum of one year from the date certified by the group self -insurer. if this certificate is no longer valid according to the above guidelines and the business referenced in box "?a" continues to be named on a permit, license or contract issued by the certificate holder, the business must provide the certificate holder either with a new certificate or other authorized proof of the business is comp lying with the mandatory coverage requirements of the New York State Workers' Compensation Law. Under penalty of perjury, I certify that I am an authorized representative of the Group Self -Insurer referenced above and that the business referenced in box "la" has the coverage as depicted on this form. Certified by: Jack Wheeler. President (Print name of authorized representative of the Group Self.Insurer) Certified by: Signature Title: President 12/16/2022 Date Telephone Number: 1-888-737-6269 GSI-105.2 (2-02) CERTIFICATE HOLDER COPY Page 23 of 162 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: Westchester County Public Safety Answering Point ("PSAP") Agreement Date: March 20, 2023 Attached is a proposed agreement between the Town of Mamaroneck and Westchester County regarding the provision of enhanced 911 services Public Safety Answering Point ("PSAP"), which is our dispatch service. This is a continuation of our current agreement which outlines the responsibilities of both the Town and the County. This agreement would last for a five year term commencing on October 1, 2022 and continuing through September 30, 2027. Action Requested: Resolved that the Town Board hereby approves the agreement with Westchester County regarding the provision of enhanced 911 services Public Safety Answering Point ("PSAP"), and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachments: Westchester County Public Safety Answering Point ("PSAP") Page 24 of 162 THIS AGREEMENT made this _ day of , 20_ by and between: and IT-1753 THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building,148 Martine Avenue, White Plains, New York, 10601 (hereinafter referred to as the "County") THE TOWN OF MAMARONECK, a municipal corporation of the State of New York, having an office and place of business at 740 W. Boston Post Road, Mamaroneck, New York 10543 (hereinafter referred to as the "Municipality") WITNESSETH: WHEREAS, the County currently has a contract with Carousel Industries of North America, Inc. (hereinafter referred to as the "Carousel Industries"), for the installation and operation of Enhanced 911 Service equipment; and WHEREAS, the County is currently receiving services from Verizon for the installation and operation of Enhanced 911 Service network (lines and trunks required); and WHEREAS, by Act No. 15-2023, the Board of Legislators authorized the County Executive to enter into this Agreement and into similar agreements with 44 other local municipalities for the provision of Enhanced 911 Service for a five (5) year term commencing on October 1, 2022 and continuing through September 30, 2027; and NOW, THEREFORE, it is mutually agreed by and between, the parties hereto as follows: 1. Public Safety Answering Points (PSAP's). (a) Municipality will staff and operate a primary Public Safety Answering Point at its Police Headquarters or (b) Municipality will contract with the Appropriate State Police Agency or another Municipality to staff and operate a primary Public Safety Answering Point (whichever is appropriate) and if appropriate (c) Municipality will staff and operate a Public Safety Answering Point at its Fire or Police Department Headquarters or Page 25 of 162 (d) Municipality will contract with the appropriate Fire District or Police Department to staff and operate a Public Safety Answering Point and (e) Municipality will be solely responsible for the cost and expense of providing the necessary space, heat, electricity, air conditioning, water, furniture, furnishings and remodeling, if any, for the primary and secondary PSAP's they operate or contract for as specified in Exhibit A attached hereto and a part hereof and (f) County will staff and operate Public Safety Answering Points at the County Fire Control and Training Center in Valhalla and the County Public Safety Headquarters in Hawthorne. County will be solely responsible for the cost and expense of providing the necessary space, heat, electricity, air conditioning, water, furniture, furnishings and remodeling, if any, for these County operated PSAP's. 2. Network and Terminal Equipment. The network (lines and trunks required) for the E911 system will be installed and maintained by Verizon at the sole cost and expense of County, while the terminal equipment will be installed and maintained by Carousel at the sole cost and expense of the County. In addition to responsibility for these non -recurring costs, County will be solely responsible for the cost and expense of the monthly rates and charges for all associated exchange services and private line service (including mileage charges), as contained in Verizon's tariff as in effect from time to time. Any E911 equipment leased by County will remain the property of County. The County intends to continue to recover all non -recurring and monthly charges by continuing to impose a surcharge on all telephone customers in the County as permitted by State Legislation and County Legislation. 3. Personnel. (a) Municipality will staff its Public Safety Answering Points with its own employees or contract for same. They will be responsible for receiving E911 calls; deciding what emergency services to dispatch; dispatching them; and/or, in appropriate cases, transferring calls to other PSAP's. Municipality will be solely responsible for the acts and omissions, if any, of its employees or contractors in the operation of Public Safety Answering Points and will not hold County liable therefor. Sufficient personnel will be provided or contracted for by Municipality to handle incoming calls adequately 24 hours per day, every day of the year. Page 26 of 162 (b) County will staff its Public Safety Answering Points with its own employees. They will be responsible for receiving calls appropriate transferred by other PSAP's, deciding what emergency services are to be dispatched; dispatching them; and/or, in appropriate cases, transferring calls to other PSAP's. County will be solely responsible for the acts and omissions, if any, of its employees in the operation of its Public Safety Answering Points and will not hold Municipality liable therefor. Sufficient personnel will be provided by County to handle incoming calls adequately 24 hours per day, every day of the year. (c) County will also staff the position of E911 Coordinator with its own employee. The Coordinator will be responsible for working with Liaisons appointed by each Municipality to implement, maintain and enhance the E911 system. The Coordinator will be responsible for directing the efforts of Municipal Liaisons in providing Company with street names and numbers, and emergency services providers for each Municipality including updates of same. The Coordinator will also schedule all training of PSAP operators, to be conducted by Carousel Industries, on how to operate the E911 equipment and system. County will be solely responsible for the acts and omissions, if any, of its employee, while acting as the E911 coordinator and will not hold Municipality liable therefor. 4. System Integrity. (a) Municipality shall have the responsibility of discovering all errors, defects and malfunctions and assumes the duty of and will make such tests as, in the judgment of Municipality, are required to determine whether the E911 system is functioning properly at PSAPs. Municipality shall promptly notify County and Carousel Industries in the event the system is not functioning properly. (b) County shall have the responsibility of discovering all errors, defects and malfunctions and assumes the duty of and will make such tests as, in the judgment of County, are required to determine whether the E911 system is functioning properly at its PSAPs, County shall promptly notify Carousel Industries and Municipality in the event the system is not functioning properly. 5. Use of 60 Control. The primary PSAP (Municipality) shall answer the E911 phone lines in the following manner: "Nine -One -One (911) what is the emergency?" If the call is a primary fire or EMS related Page 27 of 162 request and 60-Control (The Westchester County Department of Emergency Services' Emergency Communications Center (ECC)) dispatches local Fire and/or EMS (Ambulance) Service, the primary PSAP will tell the caller to "stay on the line" and immediately transfer the ANI/ALI data and conference the caller to 60 Control or other appropriate secondary PSAP. The primary PSAP may stay on the line to collect and request specific information from the caller if needed. This process will avoid any potential delays in dispatching the appropriate first response, fire or EMS personnel. If a caller is contacting the PSAP via a seven digit (administrative) line and they are calling for a fire or EMS related emergency, the PSAP shall conference the caller with the appropriate secondary PSAP. 6. Insurance and Indemnification. In addition to, and not in limitation of the insurance provisions contained in Schedule "B" of this Agreement, the Municipality agrees: (a) to indemnify, hold harmless and defend the County against any and all liability, loss, damage, claim, suit or expense of any kind which the County may directly or indirectly incur, suffer or be required to pay by reason or in consequence of the fault, failure, omission or negligence of Municipality to carry out its duties under this Agreement. (b) The County agrees to indemnify, hold harmless and defend the Municipality against any and all liability, loss, damage, claim, suit or expense of any kind which the Municipality may directly or indirectly incur, suffer or be required to pay by reason or in consequence of the fault, failure, omission or negligence of the County, its officers, agents and/or employees, including the failure of the County to carry out its duties under this Agreement. (c) If a claim or action is made or brought against either party for which the other party may be responsible hereunder in whole or in part, such other party shall be immediately notified and shall be permitted to participate in the handling or defense of such matter. (d) Neither party shall be held in any way responsible to the other party for damages to the E911 System or interference with the services provided under this Agreement resulting from acts of God or other acts which are without the direct control of either party. 7. Term. This Agreement shall commence on October 1, 2022 and terminate September 30, 2027. 8. Offer and Contract Voidable. (a) If this Agreement has not been signed by the Municipality at a time when any one of the other municipalities in Schedule "A" should refuse to execute an agreement similar to the Page 28 of 162 one herein, or if the County refuses to execute the above -described agreement with Carousel Industries or Verizon, the County may withdraw its offer to execute the agreement herein with the Municipality. Upon written notification by the County to the Municipality that the County is withdrawing its offer due to one of the reasons described herein, this offer shall immediately become void. (b) If this Agreement has been signed by the Municipality prior to a time when any one of the other municipalities in Exhibit "A" should negotiate and execute an agreement similar but modified to the one herein, or if the County refuses to execute the above -described agreement with Carousel Industries, or if the County terminates it's agreement with Carousel Industries, the parties hereto agree that the Municipality shall be given the opportunity to amend this agreement with regard to the modified terms. 9. Non -Emergency Communication System. In the event a non -emergency communication system is implemented and utilized in the County, which system will allow callers to access local public safety departments by dialing a three digit telephone number, the Municipality expressly agrees to participate in such a system and to apply this Agreement to the introduction and operation of the non -emergency communication system. 10. Termination. The County may terminate this Agreement upon thirty (30) days notice to the Municipality. The Municipality may terminate this Agreement, with the prior written consent of the County, upon sixty (60) days notice and a showing by the Municipality that an alternative means is being provided. 11. Assignment of Agreement. This Agreement may not be assigned or transferred by the first having obtained written approval thereof by the County. unicipali 12. Conflicts of Interest. This Agreement is subject to the provisions of Article 18 of the General Municipal Law of the State of New York, as amended. 13. Independent Contractor. ithout Page 29 of 162 (a) The Municipality agrees that it is and at all times shall be deemed an independent contractor and shall not, in any manner whatsoever, by its actions or deeds commit the County to an obligation irrespective of the nature thereof, and Municipality shall not at any time or for any purpose be deemed an employee of the County. (b) It is further understood and agreed that no agent, servant or employee of the Municipality shall, at any time or under any circumstances, be deemed to be an agent, servant or employee of the County. 14. Entire Agreement. This Agreement constitutes the entire and integrated agreement between and among the parties hereto and supersedes any and all prior negotiations, agreements and conditions, whether written or oral. Any modification or amendment to this Agreement shall be void unless it is in writing and subscribed by the party to be charged. 15. Invalidity. The parties intend all provisions of this Agreement to be in conformity with the laws of the State of New York and in the event that any court of competent jurisdiction shall rule to the contrary, this entire agreement shall become null and void. 16. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. Page 30 of 162 triplicate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in THE COUNTY OF WESTCHESTER By (Name and Title) MUNICIPALITY: By (Name and Title) Approved by the Westchester County Board of Legislators by Act No. 15-2023 on the 23rd day of January, 2023. Approved Assistant County Attorney The County of Westchester Page 31 of 162 ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF On the day of in the year 20 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Date: Notary Public Page 32 of 162 CERTIFICATE OF AUTHORITY (MUNICIPAL CORPORATION) (Officer other than officer signing contract) certify that I am the of (Title) the (Name of Municipal Corporation) a corporation duly organized and in good standing under the (Law under which organized, e.g., the New York Business Corporation Law) named in the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the (Name of Municipal Corporation) was, at the time of execution (Title of such person) of the Municipal Corporation and that said agreement was duly signed for and on behalf of said Municipal Corporation by authority of its governing board, thereunto duly authorized and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ) ss.: COUNTY OF ) On the day of in the year 20_ before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at , and he/she is an officer of said corporation; that he/she is duly authorized to execute said certificate on behalf of said corporation, and that he/she signed his/her name thereto pursuant to such authority. Notary Public Date Page 33 of 162 SCHEDULE "A" E-911 INTERMUNICIPAL AGREEMENTS MUNICIPALITY/FIRE DISTRICT 1. ARDSLEY, VILLAGE 2. BEDFORD, TOWN 3. BRIARCLIFF MANOR, VILLAGE 4. BRONXVILLE, VILLAGE 5. BUCHANAN, VILLAGE 6. CORTLANDT, TOWN 7. CROTON-ON-HUDSON, VILLAGE 8. DOBBS FERRY, VILLAGE 9. EASTCHESTER, TOWN 10. ELMSFORD, VILLAGE 11. FAIRVIEW FIRE DISTRICT 12. GREENBURGH, TOWN 13. HARRISON, TOWN 14. HARTSDALE FIRE DISTRICT 15. HASTINGS-ON-HUDSON, VILLAGE 16. IRVINGTON, VILLAGE 17. LARCHMONT, VILLAGE 18. LEWISBORO, TOWN 19. MAMARONECK, TOWN 20. MAMARONECK, VILLAGE 21. MT. KISCO, VILLAGE 22. MT. PLEASANT, TOWN 23. MT. VERNON, CITY 24. NEW CASTLE, TOWN 25. NEW ROCHELLE, CITY 26. NORTH CASTLE, TOWN 27. NORTH SALEM, TOWN 28. SLEEPY HOLLOW, VILLAGE 29. OSSINING, TOWN 30. OSSINING, VILLAGE 31. PEEKSKILL, CITY 32. PELHAM MANOR, VILLAGE 33. PELHAM, VILLAGE 34. PLEASANTVILLE, VILLAGE 35. PORT CHESTER, VILLAGE 36. POUND RIDGE, TOWN 37. RYE, CITY 38. RYEBROOK, VILLAGE 39. SCARSDALE, VILLAGE 40. SOMERS. TOWN 41. TARRYTOWN, VILLAGE 42. TUCKAHOE, VILLAGE 43. WHITE PLAINS, CITY 44. YONKERS, CITY 45. YORKTOWN, TOWN Page 34 of 162 SCHEDULE "B" STANDARD INSURANCE PROVISIONS (Municipality) 1. Prior to commencing work, and throughout the term of the Agreement, the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. Municipality shall provide evidence of such insurance to the County of Westchester ("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County ("Director"). The policies or certificates thereof shall provide that ten (10) days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the "County of Westchester" and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Municipality's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. 2 The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the Agreement): Page 35 of 162 a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or State Fund Insurance Company form t '--26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof uI compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete 'NYS form CE- 200, available to download at: http://www.wcb.ny.gov. If the employer is self -insured for Workers' Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12. Certificate of Workers' Compensation Self -Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self -Insurance). b) Commercial General liability Insurance with a combined single limit of $1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the "County of Westchester" as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i.Premises - Operations. ii.Broad Form Contractual. iii.Independent. Contractor and Sub -Contractor. iv.Products and Completed Operations. c) Commercial Umbrellail :xccss Insurance: $2,000,000 each Occurrence and Aggregate naming the "County of Westchester" as additional insured, written on a "follow the form" basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County of Westchester for both on -going and completed operations. d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1.000.000 ft r bodily inj ury and a minimum limit of $100,000 per occurrence for property daniasuc or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the 1«dlo\\ ing coverages and name the "County of Westchester" as additional insured: (i) Owned automobiles. (ii) Hircd automobiles. (iii) Non -owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County (includino_ its employees and other aL.cnts and angencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses euv cred by the above -described insurance. Page 36 of 162 (b) The clause "other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. (c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. Page 37 of 162 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: Stop Sign at Rockridge Road Dunkin Donuts Date: March 17, 2023 Attached is a proposed local law known as "Stop Sign at the Exit onto Rockridge Road from the Commercial Use Operated at the Property Designated on the Town' s Assessment Roll as Section 4, Block 412, Lot 288". Currently, motor vehicles can exit from that Dunkin Donuts property onto Rockridge Road. For proper traffic regulation, however, we want to be sure that motor vehicles leaving the parking lot should come to a full stop before proceeding on Rockridge Road. Action Requested: Resolved that the Town Board hereby sets a Public Hearing for April 19, 2023 for "Stop Sign at the Exit onto Rockridge Road from the Commercial Use Operated at the Property Designated on the Town's Assessment Roll as Section 4, Block 412, Lot 288". Attachment/s: 2023-3-17-stop sign Rockridge Road Dunkin Donuts Page 38 of 162 Local Law No. - 2023 This local law shall be known as the "Stop sign at the exit onto Rockridge Road from the commercial use operated at the property designated on the Town's Assessment Roll as Section 4, Block 412, Lot 288" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The property designated as Section 4, Block 412, Lot 288 on the Town's Assessment Roll borders the Boston Post Road and Rockridge Road and is developed with a commercial use, currently a restaurant. Motor vehicles can exit from the property's parking lot onto Rockridge Road. For proper traffic regulation, motor vehicles leaving the parking lot should come to a full stop before proceeding onto Rockridge Road. Section 2 - Amendment of a current section of the Mamaroneck Code: Section 219-11 of the Code of the Town of Mamaroneck hereby is amended to convert the existing section into a new paragraph "A." whose introductory line reads as follows: "A. The intersections described below are hereby designated as stop intersections and stop signs shall be installed as follows:" Section 3 - Amendment of a current section of the Mamaroneck Code: Section 219-11 of the Code of the Town of Mamaroneck hereby is amended further to provide a new paragraph "B" thereto that reads as follows: "B. Motor vehicles exiting from the property designated on the Town's Assessment Roll as Section 4, Block 412, Lot 288 onto Rockridge Road shall come to a complete stop before proceeding onto Rockridge Road." Section 4 - Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected indicating where a full stop is required by this law. Section 5 - 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 Page 39 of 162 other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 6 — Effective Date: This Local Law shall become effective upon filing with the Secretary of State. March 17, 2023 Page 40 of 162 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 law 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 19, 2023 for "Local Law Prohibiting Smoking in Town Parks". Page 41 of 162 • 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 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 42 of 162 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 43 of 162 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 44 of 162 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 45 of 162 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 19, 2023 for "Local Law Creating an Exemption from the Filmmaking Law". Page 46 of 162 • 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 47 of 162 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 48 of 162 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: Award of Bid - TA-23-02 - Memorial Park Walkways & Sidewalk Replacement (Rebid) Date: March 20, 2023 Attached please find a memo from Robert Wasp, Town Engineer, regarding regarding the award of the bid for TA-23-02 - Memorial Park Walkways & Sidewalk Replacement (Rebid). Action Requested: Resolved that the Town Board hereby awards the bid for walkway and sidewalk replacement services received and opened on March 22, 2023 to Peter J. Landi, Inc. in the amount of $128,500.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 49 of 162 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 rwasp@townofmamaroneckNY.org Date: March 24, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Award of Bid - TA-23-02 - Memorial Park Walkways & Sidewalk Replacement (Rebid) General: Bid procurement was recently completed for the Memorial Park Walkways and Sidewalk Replacement. The project involves the removal and replacement of concrete sidewalks, curbing, ADA ramps, asphalt walkways and restoration. On March 22nd, 2023, six (6) bid proposals were received as summarized on the attached bid tabulation table. The apparent low bidder is "Peter J. Landi, Inc" at the submitted total price of $128,500.00 for the full project scope. Supplemental bid items for rock excavation and adjustment of utility curb stop boxes were submitted at $300 per cubic yard and $250 per each, respectively in the event that either work item is required during construction. The Engineering Department has extensive experience working with the Contractor on Town capital projects, including the most recent Senior Center Parking Lot Improvements. Work completed by Peter J. Landi, Inc has been consistently good quality and conducted in a professional manner. Peter J. Landi, Inc. remains contracted with the Town under its "On -Call Infrastructure Repairs TA-21-16" contract used for smaller projects. No errors or omissions that could potentially impact the viability of their bid price have been identified at this time. The Engineering Department recommends authorization of contract award to Peter J. Landi, Inc in the amount of $128,500.00. Budget for walkways and sidewalk replacement at Memorial Park was planned as part of capital project CP-2020.73. Incorporation of a contingency budget in the amount of $15,000.00 for supplemental bid items is recommended. Overall considered costs of $143,500.00 are fully contained within the available balance allocated to the capital project. Please feel free to contact me with any questions. Attachment/s: Page 50 of 162 Bid Tabulation TA-23-02 23.03.22 Page 51 of 162 UNOFFICIAL RESULTS Paladino Concrete Creations Corp Mount Vernon, NY 10550 \ \ { \ ® z z z z 00.00S`S$ ER zen fn z Coppola Paving & Landscaping Corp Bronx, NY 10475 Bid Bond: Yes EA 00. 0S$ Westchester Hills Landscaping Inc West Harrison, NY 10604 Bid Bond: Yes $104,000.00 ER $4,100.00 ER BIB Services Corp Bellmore, NY 11710 Bid Bond: Yes ER Con -Tech Construction Technology Inc Bronx, NY 10475 Bid Bond: Yes ER Peter J Landi Inc Hawthome, NY 10532 Bid Bond: Yes R CD ER Bid Item f — 2000 SF a \ 200 LF 7000 SF 100 CY 100 LF TOTAL EXTENDED AMOUNT FOR BASE BID ITEMS 1 THRU 7 Unit price / CY Unit price / EA Description 5-inch depth municipal sidewalk and apron replacement Sidewalk handicapped curb ramp reconstruction 6-inch face reveal concrete curb replacement 1.5-inch compacted depth municipal asphalt walkway replacement Topsoil, including placement, grading, and turf re-establishment Miscellaneous additional work 2-inch PVC electrical conduit Rock excavation, removal, and disposal Adjustment of utility curb stop boxes \ z m r r w z z Page 52 of 162 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: Robert P. Wasp, Town Engineer Re: Award of Bid - TA-23-05 - Landscape Maintenance Services - Town Cemeteries and Right of Ways — 2023-2024 Date: March 20, 2023 Attached please find a memo from Robert Wasp, Town Engineer, regarding the award of bid for TA- 23-05 - Landscape Maintenance Services - Town Cemeteries and Right of Ways — 2023-2024. Action Requested: Resolved that the Town Board hereby awards the bid for landscape maintenance services received and opened on March 9, 2023 to ACL Property Maintenance, Inc. for 2023 services in the amount of $36,400.00 and 2024 services in the amount of $37,400.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 53 of 162 • 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 rwasp@townofmamaroneckNY.org Date: March 24, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Award of Bid - TA-23-05 - Landscape Maintenance Services - Town Cemeteries and Right of Ways — 2023-2024 General: The referenced Town contract scope provides for regular landscape maintenance activities at various Town road right-of-ways and cemeteries throughout the Unincorporated Area. Typical contractor tasks include grass mowing, brush and tree branch trimming, invasive species/litter removal and spring/fall seasonal cleanups. Maps showing the entirety of Town locations involved in the contract scope are included in the published bid document. Bid documents were publicly advertised on the Empire State Purchasing Group platform ("BidNet") and noticed in the Westchester Journal News for a period of several weeks. In total three (3) proposals were received from prospective companies on March 9, 2023. Bid pricing was structured as a yearly lump sum with no alternatives. Please refer to the attached tabulation summary of all contractor proposals. ACL Property Maintenance, Inc. submitted the lowest, responsive and complete proposal. "ACL" under its former name "Acocella Contracting, Inc." has executed this contract scope in past years and has maintained a good reputation with the Town. Upon awarding the contract the Highway Department will meet with ACL to review the requirements of the contract in correlation with the locations on the maps. The Engineering Department recommends award of the contract to ACL Property Maintenance, Inc. for work in the 2023 and 2024 calendar years at annual lump sums of $36,400.00 and $37,400.00, respectively. Please feel free to contact me with any questions. Attachments: Bid Tabulation TA-23-05 20230309 Page 54 of 162 Contract # TA-23-05 LANDSCAPE MAINTENANCE SERVICES - TOWN CEMETERIES AND RIGHT OF WAYS, YEARS 2023-2024 Bid Opening Results, March 9th, 2023 at 11:00 a.m. E. S. T. Dom's Lawn Maker Inc. Port Washington, NY 11050 BidBond: Yes oc 0o0 0 $12,948.10 $12,948.10 - O - $14,113.43 $14,113.43 $129,481.00 $141,134.29 a N tri b O r VI Landscape Concepts Brewster, NY 10509 BidBond: Yes 0 O O O V) l 0 V) l 0 , l� $14,162.00 O O 0 Vn 0 M O 0 M In Y3 ACL Property Maintenance Inc. Scarsdale, NY 10583 BidBond: Yes 0 0 O O © O O © $30,400.00 O O O© 0 O © 0 0O d, 0 oO d, 0 C oe N Bid Item A. General Monthly Maintenance 2023 B. Spring Cleanup 2023 C. Fall Cleanup 2023 D. General Monthly Maintenance 2024 E. Spring Cleanup 2024 F. Fall Cleanup 2024 Bid Amount 2023 Bid Amount 2024 TOTAL BID AMOUNT age 55 of 162 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: Award of Bid - TA-23-07 - Landscape Maintenance Services - Senior Center, Hommocks Fields & Pool Area. Date: March 20, 2023 Attached please find a memo from Robert Wasp, Town Engineer, regarding the award of the bid for TA-23-07 Landscape Maintenance Services - Senior Center, Hommocks Fields & Pool Area. Action Requested: Resolved that the Town Board hereby awards the bid for landscape maintenance services received and opened on March 23, 2023 to PA Ferraro Landscaping for the cost of $10,550 for each year for 2023 and 2024 services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 56 of 162 • 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 rwasp@townofmamaroneckNY.org Date: March 24, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Award of Bid - TA-23-07 - Landscape Maintenance Services - Senior Center, Hommocks Fields & Pool Area. General: The referenced Town contract scope provides for regular landscape maintenance activities at the Town Senior Center, Hommocks Fields, and Pool Complex. Typical contractor tasks include grass mowing, brush and tree branch trimming, invasive species/litter removal and spring/fall seasonal cleanups. Bid documents were publicly advertised on the Empire State Purchasing Group platform ("BidNet") for a period of several weeks. In total two (2) proposals were received from prospective companies on March 23, 2023. Bid pricing was structured as a yearly lump sum with no alternatives. Please refer to the attached tabulation summary of all contractor proposals. P.A. Ferraro Landscaping, Inc. submitted the lowest, responsive and complete proposal. The landscaping company has executed this contract scope in past years and has maintained a good reputation with the Town. The Engineering Department recommends awarding the contract to P.A. Ferraro Landscaping, Inc. as a two-year contract for work in the 2023 and 2024 calendar years at an annual lump sum of $10,550.00 and $10,550.00, respectively. Please feel free to contact me with any questions Attachments: Bid Tabulation TA-23-07 Page 57 of 162 Bid Opening Results, March 23rd , 2023 at 11:00 a.m. E.S.T. ACL Property Maintenance, Inc. Bid Bond: Yes Year 2024 $14,400.00 o o co o o co o o co cci 14 Year 2023 0 0 0 0 M EA 0 0 0 0 N 0 0 0 0 N 0 0 0 0 o l� 6,3 U pp C. CL R U C. R 0 i. 44 d Bid Bond: Yes Year 2024 0 0 0 O W EA 0 0 0 N EA 0 0 0 N EA 0 0 S V1 0 6,3 Year 2023 o 0 0 o EA 0 0 0 ci, 0 0 0 ci, 00 „S cc - 6,3 "O CQ A. Total Monthly Maintenance per Contract Year B. Spring Cleanup (1 Service) C. Fall Cleanup (1 Service) Total Bid Amount Page 58 of 162 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: Shyam Pandya, IT Director Re: Disposal of Town Devices Date: March 30, 2023 Attached is a surplus list of devices, provided by the IT Department, which are no longer necessary for Town operations. Many of these devices have been repositories for confidential information and must be disposed of in an appropriate manner. We are requesting that the Board allow the IT Department to dispose of and/or recycle these systems once all internal storage devices have been removed, wiped of all data, and destroyed. Action Requested: Resolved that the Town Board hereby authorizes the IT Department to dispose of and/or recycle these systems once all internal storage devices have been removed, wiped of all data, and destroyed. Attachment/s: Surplus List Page 59 of 162 Device Cash Drawers Cash Drawers Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Laptop Laptop Monitor Monitor Monitor Monitor Monitor Monitor Monitor Monitor Monitor Printer Printer Printer Printer Printer Printer Printer Printer Printer Printer Printer Printer Printer Scanner Tablet Tablet Tablet Tablet UPS UPS UPS UPS Type/Model MMF ADV114B11F1004 MMF ADV114B11F1004 OptiPlex 7050 Optiplex 5040 Optiplex 7050 Optiplex 3020 Optiplex 7050 Optiplex 7010 Optiplex 9020 Optiplex 9020 Optiplex 9010 Optiplex 9020 Optiplex 9020 Lenovo IdeaPad Yoga 13 Lenovo IdeaPad Yoga 13 Dell P2018H Dell P2414Hb Dell 2007FPb Dell P2213t Dell P2018H Acer V223W Dell 198Wfp Dell P2018H Dell 1908Fpb HP Office Jet 7612 HP Office Jet Pro 8630 HP Officejet Pro 8610 HP Officejet Pro 8720 HP LaserJet P2055dn HP LaserJet Pro MFP M148dw HP LaserJet P2055dn HP Officejet Pro 8720 HP LaserJet P3015 HP OfficeJet Pro 8720 HP LaserJet P2055dn HP LaserJet P2055dn HP LaserJet P2055dn Fujitsu ScanSnap iX500 iPad 2 16GB iPad 2 16GB iPad 2 16GB iPad Mini ABST 400 APC BE350G APC BE350G APC BE550G Serial Number ADV-171765 ADV-171768 6X3VXM2 83B9DH2 6X4TXM2 215K282 3 W 27 BT2 7YGKH02 8Z5TX12 70W3Q22 4D8GCX1 7153Q22 7144Q22 EB31928627 EB31819018 CNON5P3K CN0524N3742614363DCL MX0G324H7426216E1JRL CN04DTJ374445331086M CNON5P3KTV2007BG25BUA01 ETLC30813802802809FD94295 CN0RW1957287285U1H65 CNON5P3KTV2007BG256UA01 CNOD319J742619323UOLA00 CN48Q2MODP CN53QEKODS CN4BQEX01W CN7A7C629H CNB9316649 VNB4D18144 VNB3T05278 CN7A7C627N JPBDS22176 CN7A6C610C CNB9017793 CNB9331380 CNBJ522369 AWTHG49244 DLXG9TXVDFJ1 DLXGCNVNDFJ1 DLXGCJPSDFJ1 F7NLN9A2F197 FCAJN2002054 4B1549P34982 4B1549P34294 4B1538P21846 Page 60 of 162 UPS UPS UPS UPS UPS UPS UPS UPS UPS UPS UPS UPS UPS Digital Clock Digital Clock Digital Clock Printer Desktop UPS UPS UPS UPS Scanner Scanner Scanner Access Point Access Point UPS Monitor Desktop Desktop Desktop Desktop Desktop Desktop Access Point Desktop Laptop Laptop Laptop Laptop Laptop Tablet Tablet Laptop Laptop Laptop Tripp Lite Internet 750U Cyber Power EC350G Cyber Power EC350G Cyber Power EC350G Cyber Power EC350G ABST 400 APC BE350G APC BE350G Cyber Power EC350G ABST 400 Cyber Power EC350G APC BE550G APC BE550G Sapling IP Clock Sapling IP Clock Sapling IP Clock HP Officejet Pro 8100 Optiplex 9020 APC BE350G APC BE350G APC BE350G APC BE350G Fujitsu ScanSnap fi- 7160 Fujitsu ScanSnap iX500 ScanSnap S1500 Cisco Aironet AIR AP1041N A K9 Cisco Aironet AIR AP1041N A K9 Eaton 5P 550R LCD 1715 Optiplex 3040 Optiplex 3020 Optiplex 9010 Optiplex 9020 Optiplex 9020 HP t510 Thin Client Ruckus ZoneFlex 7372 Optiplex 9020 Latitude 3570 Latitude 3570 Latitude E5440 Latitude 3570 Latitude 3550 Samsung SMp900 Samsung SMp900 Latitude 7390 2-in-1 Latitude 7390 2-in-1 Latitude 3390 2-in-1 2644AVHBC87AC00187 TCHGX2000166 TCHGX2000308 TCHGX2000694 TCHGX2000658 FCAH P2005454 4B1549P34958 4B1549P34921 TCHGX2000309 FCAH W 2002795 TCHGV2000774 4B1538P24163 4B1538P21815 n/a n/a n/a CN57EHV10M 7125022 4B1549P33529 4B1549P34824 4B1635P30197 4B1549P33627 A36D028531 AWTHG49206 346888 FTX1632E4AB FTX1632K4E9 G127G46280 3Z171881GA FTJ4KH2 4073482 4D8JCX1 7105022 7114022 MXL4221MOT 521302002086 7134022 1JM3F82 5JM3F82 5ZB3K12 4JM3F82 D0N3042 A3LSMP901 A3lsmp902 16MYMV2 4TY4 N F 2 J2395P2 Page 61 of 162 Monitor Monitor Monitor Monitor Server Server Server Server Server Server Server UPS UPS UPS UPS 1908FPb 2007fpB Stealth TOM-M7 2007FPb HPE ProLiant DL380e Gen 8 HPE ProLiant DL380p Gen 8 HPE ProLiant DL360 Gen9 HPE ProLiant DL360 Gen9 HPE Proliant DL360 Gen9 HPE ProLiant DL360 Gen9 HPE ProLiant DL380e Gen8 EC350G EC350G EC350G BE425M CN0D319J742619323U5LT MX0G324H7426216E1JHL 2P01373 MX0G324H742629CF18LL MXQ51907X5 2M251920HS MXQ71905YF MXQ529078Q MXQ52508BT MXQ52506TW CZJ6410FYZ MXQ52506TW TCHGX2000165 TCHGX2000660 TCHGX2000696 0B2053P02728 Page 62 of 162 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: Proposed Resolution to Oppose the Discharge of Contaminated Water from Indian Point Date: March 29, 2023 Attached is a proposed resolution to oppose the discharge of contaminated water from the Indian Point nuclear power plant into the Hudson River. In the process of decommissioning the plant, Holtec International, the company that oversees the site, has announced its intention to release radioactive wastewater from onsite fuel pools into the river. Action Requested: Resolved that the Town Board hereby opposes the plan to release over a million gallons of contaminated water from the Indian Point nuclear power plant site into the Hudson River. Attachment/s: 2023-3-31-resolution re discharge Page 63 of 162 Resolution Opposing the Discharge of Contaminated Water into the Hudson River WHEREAS, Holtec Intemational, the company decommissioning the Indian Point nuclear power plant, has announced its intention to release radioactive waste water from onsite fuel pools into the Hudson River, and WHEREAS, to date there has been no specific reporting of the radionuclide contents of this water which is heavily contaminated from the storage of the nuclear fuel waste, and WHEREAS, pre-release filtration to remove these isotopes has been presented as a solution to reduce the content of these carcinogenic contaminants to a level "as low as reasonably achievable", and WHEREAS, the National Academy of Science has indicated that there is no verifiable safe level of these isotopes when ingested or inhaled, and WHEREAS, such pre-release treatment would not remove tritium, also carcinogenic, from the water, and WHEREAS, there is a risk that contaminants released into the Hudson River may enter the food chain, and WHEREAS, there are community members who depend on fish from the river as a food source, and WHEREAS, there are seven communities upriver whose drinking water comes from the Hudson River, and WHEREAS, since the Hudson River is an estuary that flows from south to north as well as from north to south, the health of the upriver communities must be considered, and WHEREAS, the Hudson River also serves as a source of recreational activities and represents an economic resource that will be endangered by this reckless action, and Page 64 of 162 WHEREAS, New York State Senator Peter Harckham and New York State Assemblywoman Dana Levenberg have proposed legislation which would ban release of radioactive waste into the Hudson River by Holtec International or any successor charged with decommissioning the Indian Point Nuclear Power Plant. NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck strongly opposes the plan to release over a million gallons of contaminated water from the Indian Point Nuclear Power Plant site into the Hudson River; and, BE IT FURTHER RESOLVED, that the Town Board of the Town of Mamaroneck supports Senator Harckham's and Assemblywoman Levenberg's legislation, S.5181, with regard to prohibiting the discharge of any radiological agent into the waters of the state from nuclear power plants; and, BE IT FURTHER RESOLVED, that the Town Clerk send a copy of this resolution to the Westchester County Federal and State Delegations, the Federal and State Nuclear Regulatory Committees and the New York State Department of Environmental Conservation. March 31, 2023 Page 65 of 162 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: State Building Code Resolution Date: March 31, 2023 Attached is a memo from Town Attorney, Bill Maker, regarding the New York State mandated building code. Action Requested: Resolved that the Town Board hereby adopts the New York State Uniform Fire Prevention and Building Code as amended. Page 66 of 162 • Town of Mamaroneck Town Attorney, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: March 31, 2023 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney Subject: State Building Code Resolution TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org General: The state has mandated that local communities adopt the State's building code. The overhaul of articles and sections of the Town Code will be a considerable task. For now, the Town Board is asked to resolve that the Town will enforce the State code. Attachments: Resolution Adopting State Code Page 67 of 162 Resolution re: State Building Code BE IT RESOLVED, that the Town of Mamaroneck hereby adopts the New York State Uniform Fire Prevention and Building Code as amended. March 31, 2023 Page 68 of 162 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Tuesday, April 4, 2023, at 8:00 PM or as soon thereafter as is possible, to consider 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.", at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. 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. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: March 22, 2023 Page 69 of 162 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 70 of 162 § 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 71 of 162 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 72 of 162 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 73 of 162 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: March 24, 2023 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 74 of 162 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: March 24, 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 Apr 4 TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Page 75 of 162 Town of Mamaroneck From: Re: Date: Tracy Yogman - Town Comptroller Fire Claims April 4, 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 9v batteries, wall clock, bluetooth keyboard, mouse,metal drill base tablet mount $ 124.03 Champion Elevator maintenance for month of March 2023 209.83 Con Edison Fire HQ Gas service 1/31-3/2/23 2,168.82 Fire -End & Croker Corporation Husky blade diamond tip 22mm arbor, fire hooks shove knife 446.32 Grainger Jack oil, tape dispenser, bathroom cleaner 85.43 Hi -Tech Fire & Safety, Inc. Suspender padding, Dynafit Susp w/snap attach & quick adjust 156.66 Home Depot Supplies for training, building 302.21 Home Depot Building Supplies 129.49 Sound Shore Pest Control Exterminating services 2/22/23 70.00 SG Fire Protection Kitchen hood cleaning 3/10/23 475.00 UniFirst Corporation Cleaning supplies 3/3, 3/10, 3/17/23 408.36 Verizon Fire HQ Gas service 3/10-4/9/23 284.53 Villa Maria Pizza Food for Extraction Drill 3/1/23 145.65 WJWW 6" metered Fire service 1/26-2/25/23 37.00 WJWW 205 Weaver St Chgs 1/25-2/24/23 108.60 Total $ 5,151.93 Page 76 of 162 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: New York State Thruway Authority Agreement Date: March 16, 2023 Attached is a memo from Town Clerk, Allison May, regarding a resolution to authorize the Town to enter into an agreement with NYS Thruway Authority to sell E-ZPass Tags. The E-ZPass tags will be sold by the Town at a rate of $25.00 per Tag and the Town will receive $4.00 in revenue for each Tag sold. Action Requested: Resolved that the Town Board hereby approves the agreement with the NYS Thruway Authority to sell E-ZPass Tags and hereby authorizes the Town Clerk to execute the agreement and any related documents necessary to carry out its implementation. Page 77 of 162 • Town of Mamaroneck Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: March 16, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: New York State Thruway Authority Agreement TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org General: The Town Clerk wishes to provide another service to Town residents: E-ZPass Tags. The Town Clerk's office will purchase E-ZPass Tags for the cost of $21.00 per Tag from the Thruway Authority and will sell the Tags at a cost of $25.00 per Tag, allowing the Town of Mamaroneck to keep $4.00 per sale. The Town Clerk requests that the Town Board authorize the Town Clerk's office to enter into an agreement with the New York State Thruway Authority to sell E-ZPass Tags provided all legal requirements are complied with. Attachments: Town of Mamaroneck Application Page 78 of 162 TA-W6333 (12/2014) Page 1 of 2 New York State Thruway Authority E-ZPass Operations P.O. Box 189 Albany, NY 12201 Phone: (518) 471-4218 Fax: (518) 436-2808 E-mail: ezpassny@thruway.ny.gov E-ZPASS ON -THE -GO RETAIL SALES PROGRAM APPLICATION for Municipalities, State Agencies and Public Colleges and Universities ffss® INSTRUCTIONS: • Please read the E-ZPass On -the -Go Retail Sales Agreement. • Complete Sections I through V and mail, fax or e-mail as noted above. (This Application must be completed in its entirety and signed by an authorized representative). • Upon approval of Application, the Retail Sales Agreement will be sent to Applicant for execution. NOTE: Municipal Applicants are required to provide an approved Legislative Resolution authorizing the sale of E-ZPass Tags (sample attached). Section I Applicant Information Applicant Name Town of Mamaroneck Authorized Representative Name Allison May, Town Clerk Phone No. (914 ) 381 _ 7870 Doing Business As (DBA)(if applicable) Federal Employer ID No. 13-6007302 Fax No. (914 )381 _ 7813 Address of Primary Place of Business or Principal Office 740 W. Boston Post Road City Mamaroneck State NY Q Zip Code 1 0 5 4 3 - Section II Retail Location Information Number of retail (1) the entity locations: operates Type(s) la of retail locations where E-ZPass On -the -Go Tags will be distributed: Municipality State Agency Public College or University (2) applying On -the -Go for E-ZPass Tag distribution 1 Other Section III Specific Retail Information for E-ZPass On -the -Go Tag Sales (See Page 2) Section IV E-ZPass On -the -Go Retail Sales Agreement (See attached) Section V Applicant Representation and Certification I hereby represent that all of the information provided in this Application is complete, true and accurate. I further represent that I am authorized to execute this Application on behalf of the entity named in Section I. r ' ' , Allison May, Town Clerk 03/14/2023 - Signatlire Authorized Representative Title Date Authorized Representative Important Note to Applicants: Submission of an E-ZPass On -the -Go Retail Sales Program Application does not guarantee that it will be approved. Approval to participate as an E-ZPass On -the -Go merchant is within the sole discretion of the New York State Thruway Authority. Applicants may be required, at the request of the Thruway Authority, to provide additional information regarding the financial responsibility of the applicant. It is not necessary to employ any person, agency, or organization to assist you in filing this Application. Beware of persons claiming to be able to assist you in securing action on your Application. If you have questions on the Application or need assistance completing it, contact E-ZPass Operations at the number listed above. Page 79 of 162 TA-W6333 (12/2014) E-ZPASS ON -THE -GO RETAIL SALES PROGRAM APPLICATION Page 2 of 2 for Municipalities, State Agencies and Public Colleges and Universities INSTRUCTIONS: Complete information for each retail location that will be selling E-ZPass On -the -Go Tags. Photocopy as needed. Section III Specific Retail Information for E-ZPass On -the -Go Tag Sales (Cont.) Location Information Location Name Town Clerk, Town of Mamaroneck E-mail Address townclerk@townofmamaroneckny.org Type Municipality Contact Name Allison May, Town Clerk Phone No. (914 ) 381 - 7870 Address 740 West Boston Post Road City Mamaroneck State NY Q Zip Code 1 0 5 4 3 County Westchester Hours Sunday G Monday 9:00 AM G Tuesday 9:00 AM IQ Wednesday 9:00 AM Q Thursday 9:00 AM Q Friday 9:00 AM Q Saturday Q of Operation to Q Q to 4:00 PM Q to i 4:00 PM Q to 4:00 PM Q to 4:00 PM R7 to 4:00 PM Q to Q Location Information Location Name E-mail Address Type Contact Name Phone ( No. ) - Address City State Qa Zip Code !County Hours Sunday Q Monday la Tuesday p Wednesday la Thursday Q Friday p Saturday Q of Operation to to Q to G to la to Q to Q to IC Retail Location Information Location Name E-mail Address Type Contact Name Phone ( No. ) - Address City State Q Zip Code County Hours Sunday Q Monday la 1 Tuesday Q Wednesday la Thursday p Friday Q Saturday Q of Operation to Q Q to Q to Q Q to Q to to p to Q Q Location Information Location Name E-mail Address Type Contact Name Phone ( No. ) - Address City State Q Zip Code County Hours Sunday Q Monday Q Tuesday Q Wednesday Q Thursday Q Friday Q Saturday Q of to Operation to Q Q to Q to G to C Cr to Q to D DI Page 80 of 162 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: Firearms Training Agreement Date: March 20, 2023 Attached is a proposed agreement between the Town of Mamaroneck and Westchester County to receive access to their firing range facility located at the County's Police Academy in Valhalla, New York also known as the Grasslands Reservation, in the Town of Mount Pleasant. Although there are costs associated with the Range stipulated in the agreement, since we send our own training officer for our training sessions and we also assist the County in covering other trainings if necessary, there is ultimately no cost to the Town. Action Requested: Resolved that the Town Board hereby approves the agreement with Westchester County for access to their firing range facility and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachments: Police Firing Range Agreement 2023 Page 81 of 162 THIS AGREEMENT ("Agreement"), made this day of March, 2023, by and between: and THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred to as the "County") TOWN OF MAMARONECK, a municipal corporation of the State of New York, having an office and place of business at 740 West Boston Post Road, Mamaroneck, New York 10543 (hereinafter referred to as the "Municipality") WITNESSETH: WHEREAS, the County, acting by and through the Westchester County Department of Public Safety Services (hereinafter referred to as the "Department"), has a firing range facility ("Firing Range") located at the County's Police Academy in Valhalla, New York, also known as the Grasslands Reservation, in the Town of Mount Pleasant, New York ("Police Academy"). This eighteen (18) point state-of-the-art Firing Range has an advanced targeting system and can accommodate duty side arms and most patrol rifles carried by law enforcement personnel in this County; and WHEREAS, Municipality desires to send its public safety employees to the Firing Range for firearms training purposes, upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties agree as follows: Section 1. The County and the Municipality agree that the Municipality may utilize the Firing Range by sending public safety employees to the Firing Range for firearms training, subject to availability. The Municipality may utilize the Firing Range during the hours of 8:00 am to 4:00 pm, or 4:00 pm to 12:00 am. Advance reservations will be required in order to use the Firing Range. The Municipality must contact the Department by telephone to determine availability and make a reservation at least forty-eight (48) hours prior to the desired firearms training session. Promptly thereafter, upon at least twenty-four (24) hours prior to the reservation date, the Municipality shall send via facsimile or email a written confirmation letter to the Page 82 of 162 Department specifying the dates and times reserved. The Department's Firing Range telephone number is (914) 231-4381 and the facsimile number is (914) 231-4389. It is hereby understood by the Municipality that an email will be provided by the Department's Firing Range personnel upon a telephonic request for same from the Municipality. Section 2. In exchange for the use of the Firing Range, which will be staffed by a Department safety officer, the Municipality shall pay a flat fee of Six Hundred and Thirty ($630.00) Dollars per eight (8) hour tour, for a maximum number of thirty-six (36) officers in attendance. The Firing Range shall be operated under the direction of the safety officer. The Municipality shall adhere to all instructions issued by the Department's safety officer. A Municipality shall have the option of requesting the Department to provide a firearms instructor to assist with the training process of its employees. If the Municipality requests a firearms instructor, the Municipality shall pay an additional fee equal to $80.79 per hour or $646.32 per eight (8) hour tour. Any one attending the Firing Range shall be responsible to bring his/her own weapons and ammunition. In the event that police officers from the Municipality provide instruction at the Police Academy under a separate agreement between the County and the Municipality, the Department's Commissioner or his duly authorized designee may provide such Municipality with a credit equal to one (1) eight (8) hour tour at the Firing Range for each seven (7) hours of instruction at the Police Academy. The County shall send an invoice to the Municipality not later than the l5th day of the month following the month in which the services were provided by the County. The Municipality shall pay any such invoice within thirty (30) days of receipt thereof. Section 3. The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "A," entitled "Standard Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule "A," the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the sole negligence of the County, the Municipality shall indemnify and hold 2 Page 83 of 162 harmless the County, its officers, employees, agents, and elected officials from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto; and (c) In the event the Municipality does not provide the above defense and indemnification to the County, and such refusal or denial to provide the above defense and indemnification is found to be in breach of this provision, then the Municipality shall reimburse the County's reasonable attorney's fees incurred in connection with the defense of any action, and in connection with enforcing this provision of the Agreement. Section 4. In no event shall the County have any obligation to the Municipality or its employees for a any claim raised or benefits provided pursuant to New York General Municipal Law Section 207-c. Section 5. The term of this Agreement shall commence upon execution and continue in full force and effect until July 31, 2025, unless terminated earlier pursuant to the terms herein. Section 6. This Agreement may be terminated by either party by giving written notice of such termination to the other party not less than thirty (30) days prior to the effective date of such termination. Section 7. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre -paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. To the County: Commissioner - Sheriff of Public Safety 3 Page 84 of 162 With a copy to: Saw Mill River Parkway Hawthorne, New York 10532 County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To the Municipality: Section 8. The failure of either party to insist upon strict performance of any term, condition or covenant herein shall not be deemed a waiver of any rights or remedies that the party may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions or covenants herein. Section 9. This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties. Section 10. The Municipality and the County agree that the Municipality and its officers, employees, agents, Municipalities, subconsultants and/or consultants are independent contractors and not employees of the County or any department, agency or unit thereof. In accordance with their status as independent contractors, the Municipality covenants and agrees that neither the Municipality nor any of its officers, employees, agents, contractors, subconsultants and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof. Section 11. Municipality shall comply, at its own expense, with the provisions of all applicable local, state and federal laws, rules and regulations relating to this Agreement. 4 Page 85 of 162 Section 12. Nothing herein is intended or shall be construed to confer upon or give to any third party or its successors and assigns any rights, remedies or basis for reliance upon, under or by reason of this Agreement, except in the event that specific third party rights are expressly granted herein. Section 13. This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Westchester. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. Section 14. This Agreement shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 5 Page 86 of 162 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE COUNTY OF WESTCHESTER By Terrance Raynor Acting Commissioner —Sheriff Department of Public Safety MUNICIPALITY By (Name and Title) Approved by the Westchester County Board of Legislators by Act No. 20 - on , 20_. Approved as to form and Manner of execution: Assistant County Attorney Date The County of Westchester Firing Range 1MA.Template.cmc.05. I2.2020.doc 6 Page 87 of 162 MUNICIPALITY'S ACKNOWLEDGEMENT State of New York County of Westchester } SS. On this day of March, 2023, before me personally came , to me known, and known to me to be the of Town of Mamaroneck, the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he/she, the said resides at and that he/she is of said municipal corporation. Notary Public County Page 88 of 162 CERTIFICATE OF AUTHORITY (Municipality) 1, , certify that I am the (Officer other than officer signing contract) of the Town of Mamaroneck (Title) (Name of Municipality) (the "Municipality") a corporation duly organized in good standing under the (Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law) named in the foregoing agreement that who signed said (Person executing agreement) agreement on behalf of the Municipality was, at the time of execution of (Title of such person), the Municipality, that said agreement was duly signed for on behalf of said Municipality by authority of its thereunto duly authorized, (Town Board, Village Board, City Council) and that such authority is in full force and effect at the date hereof. (Signature) State of New York County of Westchester } ss. On this day of March, 2023 before me personally came , to me known, and known to me to be the of Town of Mamaroneck, the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he/she, the said resides at and that he/she is of said municipal corporation. Notary Public County Page 89 of 162 SCHEDULE"A" STANDARD INSURANCE PROVISIONS (MUNICIPALITY -Firing Range Agreement) 1. Prior to commencing work, and throughout the term of the Agreement, the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. The Municipality shall provide evidence of such insurance to the County of Westchester ("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County ("Director"). The policies or certificates thereof shall provide that ten (10) days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the "County of Westchester" and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of the Municipality's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. Page 90 of 162 2 The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the Agreement): a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE- 200, available to download at: http://www.wcb.ny.gov. If the employer is self -insured for Workers' Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self -Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self -Insurance). b) Employer's Liability with minimum limit of $100,000.00. c) Commercial General Liability Insurance with a combined single limit of $1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the "County of Westchester" as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i.Premises - Operations. ii.Broad Form Contractual. iii.Independent Contractor and Sub -Contractor. iv.Products and Completed Operations. d) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and Aggregate naming the "County of Westchester" as additional insured, written on a "follow the form" basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County for both on -going and completed operations. e) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000.000 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages and name the "County of Westchester" as additional insured: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non -owned automobiles. f) Police Professional Liability: The Municipality shall provide proof of such insurance ($1,000,000 per occurrence) 2 Page 91 of 162 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above -described insurance. (b) The clause "other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. (c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. Page 92 of 162 ACOR?J CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 12/16n022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po Icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Brown & Brown of New York, Inc. 625 Route 6 Mahopac NY 10541 CONTACT Diane Greenberg NAME: PHONE Extl: (845) 628-4500 AX 1 Net: (845) 628-1804 AOORE Dlane.Greenberg®bbrown.com ADDRESS: INSURERS) AFFORDING COVERAGE NAIC 5 INSURER A: New York Municipal Insurance Reciprocal 20690 INSURED Town of Mamaroneck 740 West Boston Post Rd Mamaroneck NY 10543 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVE GES CERTIFICATE NUMBER: 22-23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE NSD 511 D POUCY NUMBER 4sMLTCY EFF (MM/DD/YYYY► {POLICY EXP (MMIDD/YYYY) UMITS A X COMMERCIAL GENERAL LIABILITY Y Y MPLTMAM001 09/01/2022 09/01/2023 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) 5 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) 5 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERALAGGREGATE 5 3,000,000 GENLAGGREGATE — LIMIT APPLIES PER: POLICY ❑ j�o- ❑X LOC OTHER: PRODUCTS • COMP/OP AGG 5 1,000,000 5 A AUTOMOBILE X _ UABIUTY ANY AUTO OWNED _ _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y MCATMAM001 09/01/2022 09/01/2023 COMBINED SINGLE LIMIT (Ea accident) 5 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per acdderd) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA UAB EICESSLIAB X OCCUR CLAIMS -MADE Y Y MECTMAM001 09/01/2022 09/01/2023 EACH OCCURRENCE 5 16,000,000 AGGREGATE S 32,000,000 $ DED I RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS UABIUTY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below N /A I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Law Enforcement Liability MLETMAM001 09/01/2022 09/01/2023 OccurencelAggregate Deductible: Sl m/$2m $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is mquired) Re: IMA Firing Range/Firearrns Training at Grasslands Reservation (Police Academy) County of Westchester Is included as Additional Insured as required by written contract or written agreement with respects to General Liability, Auto Liability and Excess Liability. Coverage is Primary and Non -Contributory as required by written contract or written agreement with respects to General Liability, Auto Liability and Excess Liability. Waiver of Subrogation applies in favor as required by written contract or written agreement with respects to General Liability, Auto Liability and Excess Liability. 30 Days' notice of cancellation shall apply. CERTIFICATE HOLDER CANCELLATION County of Westchester Michaelian Office Building 148 Martine Avenue White Plains SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE NY 10601 Orlon M4, ACORD 26 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 93 of 162 STATE OF NEW YORK WORKERS' COMPENSATION BOARD CERTIFICATE OF PARTICIPATION IN WORKERS' COMPENSATION GROUP SELF-INSURANCE la. Legal Name and Address of Business Participating in Group Self -Insurance (Use Street Address Only) Town of Mamaroneck Attn: Connie Green O'Donnell 740 West Boston Road Mamaroneck, NY 10543 Id. Corporate Contact Name of Business referenced in box "la" Business Telephone Number of Business referenced in box "1a" Meredith S. Robson 914-381-7810 le. NYS Unemployment Insurance Employer Registration Number of business referenced in box "la" 1 b. Effective Date of Membership in the Group 03/01/1995 lc. The Proprietor, Partners, or Executive Officers are ElIncluded (onlycheck box If all partners/officers Included) ill all excluded or certain partners/officers excluded 1f. Federal Employer Identification Number of Business referenced In Box "la". 136007302 2. Name and Address of the Entity Requesting Proof of Coverage (Entity Being Listed as Certificate Holder) County of Westchester 148 Martine Ave. While Plains, NY 10 RE; Proof of Workers' Compensation Coverage; Waiver or subrogation is issued in relation to Westchester County firearms training 3. Name and Address of Group Self -Insurer Public Employer Risk Management Association PO Box 12250 Albany, NY 12212-2250 This certifies that the business referenced above in box "la" is complying with the mandatory coverage requirements of the New York State Workers' Compensation Law as a participating member of the Group Self -Insurer listed above in box "3" and participation in such group self-insurance is still in force. The Group Self -Insurer's Administrator will send this Certificate of Participation to the entity listed above as the certificate holder in "box 2". The Group Self -Insurers Administrator will notify the above certificate holder within 10 days IF the membership of the participant listed in box "la" is terminated. (These notices may be sent by regular mail.) Otherwise, this Certificate is valid for a maximum of one year from the date certified by the group self -insurer. if this certificate is no longer valid according to the above guidelines and the business referenced in box "?a" continues to be named on a permit, license or contract issued by the certificate holder, the business must provide the certificate holder either with a new certificate or other authorized proof of the business is comp lying with the mandatory coverage requirements of the New York State Workers' Compensation Law. Under penalty of perjury, I certify that I am an authorized representative of the Group Self -Insurer referenced above and that the business referenced in box "la" has the coverage as depicted on this form. Certified by: Jack Wheeler. President (Print name of authorized representative of the Group Self.Insurer) Certified by: Signature Title: President 12/16/2022 Date Telephone Number: 1-888-737-6269 GSI-105.2 (2-02) CERTIFICATE HOLDER COPY Page 94 of 162 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: Westchester County Public Safety Answering Point ("PSAP") Agreement Date: March 20, 2023 Attached is a proposed agreement between the Town of Mamaroneck and Westchester County regarding the provision of enhanced 911 services Public Safety Answering Point ("PSAP"), which is our dispatch service. This is a continuation of our current agreement which outlines the responsibilities of both the Town and the County. This agreement would last for a five year term commencing on October 1, 2022 and continuing through September 30, 2027. Action Requested: Resolved that the Town Board hereby approves the agreement with Westchester County regarding the provision of enhanced 911 services Public Safety Answering Point ("PSAP"), and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachments: Westchester County Public Safety Answering Point ("PSAP") Page 95 of 162 THIS AGREEMENT made this _ day of , 20_ by and between: and IT-1753 THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building,148 Martine Avenue, White Plains, New York, 10601 (hereinafter referred to as the "County") THE TOWN OF MAMARONECK, a municipal corporation of the State of New York, having an office and place of business at 740 W. Boston Post Road, Mamaroneck, New York 10543 (hereinafter referred to as the "Municipality") WITNESSETH: WHEREAS, the County currently has a contract with Carousel Industries of North America, Inc. (hereinafter referred to as the "Carousel Industries"), for the installation and operation of Enhanced 911 Service equipment; and WHEREAS, the County is currently receiving services from Verizon for the installation and operation of Enhanced 911 Service network (lines and trunks required); and WHEREAS, by Act No. 15-2023, the Board of Legislators authorized the County Executive to enter into this Agreement and into similar agreements with 44 other local municipalities for the provision of Enhanced 911 Service for a five (5) year term commencing on October 1, 2022 and continuing through September 30, 2027; and NOW, THEREFORE, it is mutually agreed by and between, the parties hereto as follows: 1. Public Safety Answering Points (PSAP's). (a) Municipality will staff and operate a primary Public Safety Answering Point at its Police Headquarters or (b) Municipality will contract with the Appropriate State Police Agency or another Municipality to staff and operate a primary Public Safety Answering Point (whichever is appropriate) and if appropriate (c) Municipality will staff and operate a Public Safety Answering Point at its Fire or Police Department Headquarters or Page 96 of 162 (d) Municipality will contract with the appropriate Fire District or Police Department to staff and operate a Public Safety Answering Point and (e) Municipality will be solely responsible for the cost and expense of providing the necessary space, heat, electricity, air conditioning, water, furniture, furnishings and remodeling, if any, for the primary and secondary PSAP's they operate or contract for as specified in Exhibit A attached hereto and a part hereof and (f) County will staff and operate Public Safety Answering Points at the County Fire Control and Training Center in Valhalla and the County Public Safety Headquarters in Hawthorne. County will be solely responsible for the cost and expense of providing the necessary space, heat, electricity, air conditioning, water, furniture, furnishings and remodeling, if any, for these County operated PSAP's. 2. Network and Terminal Equipment. The network (lines and trunks required) for the E911 system will be installed and maintained by Verizon at the sole cost and expense of County, while the terminal equipment will be installed and maintained by Carousel at the sole cost and expense of the County. In addition to responsibility for these non -recurring costs, County will be solely responsible for the cost and expense of the monthly rates and charges for all associated exchange services and private line service (including mileage charges), as contained in Verizon's tariff as in effect from time to time. Any E911 equipment leased by County will remain the property of County. The County intends to continue to recover all non -recurring and monthly charges by continuing to impose a surcharge on all telephone customers in the County as permitted by State Legislation and County Legislation. 3. Personnel. (a) Municipality will staff its Public Safety Answering Points with its own employees or contract for same. They will be responsible for receiving E911 calls; deciding what emergency services to dispatch; dispatching them; and/or, in appropriate cases, transferring calls to other PSAP's. Municipality will be solely responsible for the acts and omissions, if any, of its employees or contractors in the operation of Public Safety Answering Points and will not hold County liable therefor. Sufficient personnel will be provided or contracted for by Municipality to handle incoming calls adequately 24 hours per day, every day of the year. Page 97 of 162 (b) County will staff its Public Safety Answering Points with its own employees. They will be responsible for receiving calls appropriate transferred by other PSAP's, deciding what emergency services are to be dispatched; dispatching them; and/or, in appropriate cases, transferring calls to other PSAP's. County will be solely responsible for the acts and omissions, if any, of its employees in the operation of its Public Safety Answering Points and will not hold Municipality liable therefor. Sufficient personnel will be provided by County to handle incoming calls adequately 24 hours per day, every day of the year. (c) County will also staff the position of E911 Coordinator with its own employee. The Coordinator will be responsible for working with Liaisons appointed by each Municipality to implement, maintain and enhance the E911 system. The Coordinator will be responsible for directing the efforts of Municipal Liaisons in providing Company with street names and numbers, and emergency services providers for each Municipality including updates of same. The Coordinator will also schedule all training of PSAP operators, to be conducted by Carousel Industries, on how to operate the E911 equipment and system. County will be solely responsible for the acts and omissions, if any, of its employee, while acting as the E911 coordinator and will not hold Municipality liable therefor. 4. System Integrity. (a) Municipality shall have the responsibility of discovering all errors, defects and malfunctions and assumes the duty of and will make such tests as, in the judgment of Municipality, are required to determine whether the E911 system is functioning properly at PSAPs. Municipality shall promptly notify County and Carousel Industries in the event the system is not functioning properly. (b) County shall have the responsibility of discovering all errors, defects and malfunctions and assumes the duty of and will make such tests as, in the judgment of County, are required to determine whether the E911 system is functioning properly at its PSAPs, County shall promptly notify Carousel Industries and Municipality in the event the system is not functioning properly. 5. Use of 60 Control. The primary PSAP (Municipality) shall answer the E911 phone lines in the following manner: "Nine -One -One (911) what is the emergency?" If the call is a primary fire or EMS related Page 98 of 162 request and 60-Control (The Westchester County Department of Emergency Services' Emergency Communications Center (ECC)) dispatches local Fire and/or EMS (Ambulance) Service, the primary PSAP will tell the caller to "stay on the line" and immediately transfer the ANI/ALI data and conference the caller to 60 Control or other appropriate secondary PSAP. The primary PSAP may stay on the line to collect and request specific information from the caller if needed. This process will avoid any potential delays in dispatching the appropriate first response, fire or EMS personnel. If a caller is contacting the PSAP via a seven digit (administrative) line and they are calling for a fire or EMS related emergency, the PSAP shall conference the caller with the appropriate secondary PSAP. 6. Insurance and Indemnification. In addition to, and not in limitation of the insurance provisions contained in Schedule "B" of this Agreement, the Municipality agrees: (a) to indemnify, hold harmless and defend the County against any and all liability, loss, damage, claim, suit or expense of any kind which the County may directly or indirectly incur, suffer or be required to pay by reason or in consequence of the fault, failure, omission or negligence of Municipality to carry out its duties under this Agreement. (b) The County agrees to indemnify, hold harmless and defend the Municipality against any and all liability, loss, damage, claim, suit or expense of any kind which the Municipality may directly or indirectly incur, suffer or be required to pay by reason or in consequence of the fault, failure, omission or negligence of the County, its officers, agents and/or employees, including the failure of the County to carry out its duties under this Agreement. (c) If a claim or action is made or brought against either party for which the other party may be responsible hereunder in whole or in part, such other party shall be immediately notified and shall be permitted to participate in the handling or defense of such matter. (d) Neither party shall be held in any way responsible to the other party for damages to the E911 System or interference with the services provided under this Agreement resulting from acts of God or other acts which are without the direct control of either party. 7. Term. This Agreement shall commence on October 1, 2022 and terminate September 30, 2027. 8. Offer and Contract Voidable. (a) If this Agreement has not been signed by the Municipality at a time when any one of the other municipalities in Schedule "A" should refuse to execute an agreement similar to the Page 99 of 162 one herein, or if the County refuses to execute the above -described agreement with Carousel Industries or Verizon, the County may withdraw its offer to execute the agreement herein with the Municipality. Upon written notification by the County to the Municipality that the County is withdrawing its offer due to one of the reasons described herein, this offer shall immediately become void. (b) If this Agreement has been signed by the Municipality prior to a time when any one of the other municipalities in Exhibit "A" should negotiate and execute an agreement similar but modified to the one herein, or if the County refuses to execute the above -described agreement with Carousel Industries, or if the County terminates it's agreement with Carousel Industries, the parties hereto agree that the Municipality shall be given the opportunity to amend this agreement with regard to the modified terms. 9. Non -Emergency Communication System. In the event a non -emergency communication system is implemented and utilized in the County, which system will allow callers to access local public safety departments by dialing a three digit telephone number, the Municipality expressly agrees to participate in such a system and to apply this Agreement to the introduction and operation of the non -emergency communication system. 10. Termination. The County may terminate this Agreement upon thirty (30) days notice to the Municipality. The Municipality may terminate this Agreement, with the prior written consent of the County, upon sixty (60) days notice and a showing by the Municipality that an alternative means is being provided. 11. Assignment of Agreement. This Agreement may not be assigned or transferred by the first having obtained written approval thereof by the County. unicipali 12. Conflicts of Interest. This Agreement is subject to the provisions of Article 18 of the General Municipal Law of the State of New York, as amended. 13. Independent Contractor. ithout Page 100 of 162 (a) The Municipality agrees that it is and at all times shall be deemed an independent contractor and shall not, in any manner whatsoever, by its actions or deeds commit the County to an obligation irrespective of the nature thereof, and Municipality shall not at any time or for any purpose be deemed an employee of the County. (b) It is further understood and agreed that no agent, servant or employee of the Municipality shall, at any time or under any circumstances, be deemed to be an agent, servant or employee of the County. 14. Entire Agreement. This Agreement constitutes the entire and integrated agreement between and among the parties hereto and supersedes any and all prior negotiations, agreements and conditions, whether written or oral. Any modification or amendment to this Agreement shall be void unless it is in writing and subscribed by the party to be charged. 15. Invalidity. The parties intend all provisions of this Agreement to be in conformity with the laws of the State of New York and in the event that any court of competent jurisdiction shall rule to the contrary, this entire agreement shall become null and void. 16. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. Page 101 of 162 triplicate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in THE COUNTY OF WESTCHESTER By (Name and Title) MUNICIPALITY: By (Name and Title) Approved by the Westchester County Board of Legislators by Act No. 15-2023 on the 23rd day of January, 2023. Approved Assistant County Attorney The County of Westchester Page 102 of 162 ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF On the day of in the year 20 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Date: Notary Public Page 103 of 162 CERTIFICATE OF AUTHORITY (MUNICIPAL CORPORATION) (Officer other than officer signing contract) certify that I am the of (Title) the (Name of Municipal Corporation) a corporation duly organized and in good standing under the (Law under which organized, e.g., the New York Business Corporation Law) named in the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the (Name of Municipal Corporation) was, at the time of execution (Title of such person) of the Municipal Corporation and that said agreement was duly signed for and on behalf of said Municipal Corporation by authority of its governing board, thereunto duly authorized and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ) ss.: COUNTY OF ) On the day of in the year 20_ before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at , and he/she is an officer of said corporation; that he/she is duly authorized to execute said certificate on behalf of said corporation, and that he/she signed his/her name thereto pursuant to such authority. Notary Public Date Page 104 of 162 SCHEDULE "A" E-911 INTERMUNICIPAL AGREEMENTS MUNICIPALITY/FIRE DISTRICT 1. ARDSLEY, VILLAGE 2. BEDFORD, TOWN 3. BRIARCLIFF MANOR, VILLAGE 4. BRONXVILLE, VILLAGE 5. BUCHANAN, VILLAGE 6. CORTLANDT, TOWN 7. CROTON-ON-HUDSON, VILLAGE 8. DOBBS FERRY, VILLAGE 9. EASTCHESTER, TOWN 10. ELMSFORD, VILLAGE 11. FAIRVIEW FIRE DISTRICT 12. GREENBURGH, TOWN 13. HARRISON, TOWN 14. HARTSDALE FIRE DISTRICT 15. HASTINGS-ON-HUDSON, VILLAGE 16. IRVINGTON, VILLAGE 17. LARCHMONT, VILLAGE 18. LEWISBORO, TOWN 19. MAMARONECK, TOWN 20. MAMARONECK, VILLAGE 21. MT. KISCO, VILLAGE 22. MT. PLEASANT, TOWN 23. MT. VERNON, CITY 24. NEW CASTLE, TOWN 25. NEW ROCHELLE, CITY 26. NORTH CASTLE, TOWN 27. NORTH SALEM, TOWN 28. SLEEPY HOLLOW, VILLAGE 29. OSSINING, TOWN 30. OSSINING, VILLAGE 31. PEEKSKILL, CITY 32. PELHAM MANOR, VILLAGE 33. PELHAM, VILLAGE 34. PLEASANTVILLE, VILLAGE 35. PORT CHESTER, VILLAGE 36. POUND RIDGE, TOWN 37. RYE, CITY 38. RYEBROOK, VILLAGE 39. SCARSDALE, VILLAGE 40. SOMERS. TOWN 41. TARRYTOWN, VILLAGE 42. TUCKAHOE, VILLAGE 43. WHITE PLAINS, CITY 44. YONKERS, CITY 45. YORKTOWN, TOWN Page 105 of 162 SCHEDULE "B" STANDARD INSURANCE PROVISIONS (Municipality) 1. Prior to commencing work, and throughout the term of the Agreement, the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. Municipality shall provide evidence of such insurance to the County of Westchester ("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County ("Director"). The policies or certificates thereof shall provide that ten (10) days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the "County of Westchester" and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Municipality's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. 2 The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the Agreement): Page 106 of 162 a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or State Fund Insurance Company form t '--26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof uI compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete 'NYS form CE- 200, available to download at: http://www.wcb.ny.gov. If the employer is self -insured for Workers' Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12. Certificate of Workers' Compensation Self -Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self -Insurance). b) Commercial General liability Insurance with a combined single limit of $1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the "County of Westchester" as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i.Premises - Operations. ii.Broad Form Contractual. iii.Independent. Contractor and Sub -Contractor. iv.Products and Completed Operations. c) Commercial Umbrellail :xccss Insurance: $2,000,000 each Occurrence and Aggregate naming the "County of Westchester" as additional insured, written on a "follow the form" basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County of Westchester for both on -going and completed operations. d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1.000.000 ft r bodily inj ury and a minimum limit of $100,000 per occurrence for property daniasuc or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the 1«llo\\ ing coverages and name the "County of Westchester" as additional insured: (i) Owned automobiles. (ii) Hircd automobiles. (iii) Non -owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County (includino_ its employees and other aL.cnts and angencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses euv cred by the above -described insurance. Page 107 of 162 (b) The clause "other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. (c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. Page 108 of 162 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: Stop Sign at Rockridge Road Dunkin Donuts Date: March 17, 2023 Attached is a proposed local law known as "Stop Sign at the Exit onto Rockridge Road from the Commercial Use Operated at the Property Designated on the Town' s Assessment Roll as Section 4, Block 412, Lot 288". Currently, motor vehicles can exit from that Dunkin Donuts property onto Rockridge Road. For proper traffic regulation, however, we want to be sure that motor vehicles leaving the parking lot should come to a full stop before proceeding on Rockridge Road. Action Requested: Resolved that the Town Board hereby sets a Public Hearing for April 19, 2023 for "Stop Sign at the Exit onto Rockridge Road from the Commercial Use Operated at the Property Designated on the Town's Assessment Roll as Section 4, Block 412, Lot 288". Attachment/s: 2023-3-17-stop sign Rockridge Road Dunkin Donuts Page 109 of 162 Local Law No. - 2023 This local law shall be known as the "Stop sign at the exit onto Rockridge Road from the commercial use operated at the property designated on the Town's Assessment Roll as Section 4, Block 412, Lot 288" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The property designated as Section 4, Block 412, Lot 288 on the Town's Assessment Roll borders the Boston Post Road and Rockridge Road and is developed with a commercial use, currently a restaurant. Motor vehicles can exit from the property's parking lot onto Rockridge Road. For proper traffic regulation, motor vehicles leaving the parking lot should come to a full stop before proceeding onto Rockridge Road. Section 2 - Amendment of a current section of the Mamaroneck Code: Section 219-11 of the Code of the Town of Mamaroneck hereby is amended to convert the existing section into a new paragraph "A." whose introductory line reads as follows: "A. The intersections described below are hereby designated as stop intersections and stop signs shall be installed as follows:" Section 3 - Amendment of a current section of the Mamaroneck Code: Section 219-11 of the Code of the Town of Mamaroneck hereby is amended further to provide a new paragraph "B" thereto that reads as follows: "B. Motor vehicles exiting from the property designated on the Town's Assessment Roll as Section 4, Block 412, Lot 288 onto Rockridge Road shall come to a complete stop before proceeding onto Rockridge Road." Section 4 - Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected indicating where a full stop is required by this law. Section 5 - 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 Page 110 of 162 other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 6 — Effective Date: This Local Law shall become effective upon filing with the Secretary of State. March 17, 2023 Page 111 of 162 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 law 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 19, 2023 for "Local Law Prohibiting Smoking in Town Parks". Page 112 of 162 • 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 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 113 of 162 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 114 of 162 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 115 of 162 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 116 of 162 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 19, 2023 for "Local Law Creating an Exemption from the Filmmaking Law". Page 117 of 162 • 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 118 of 162 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 119 of 162 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: Amendment to the Mamaroneck Code to Allow Non-residents to Purchase Permits to Park Overnight in Parking Lot C Date: February 21, 2023 Attached are memos from Town Attorney, Bill Maker, and Town Clerk, Allison May, and a proposed local law to amend section 219-48A which limits parking permits only to residents. I concur with the Town Clerk's request to allow parking by nonresidents due to the parking availability in the lot. Action Requested: Resolved that the Town Board hereby sets a Public Hearing for April 19, 2023 for "Amendment to the Mamaroneck Code to allow non-residents to purchase permits to park overnight in Parking Lot C". Page 120 of 162 • 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: February 17, 2023 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney Subject: Amendment to the Mamaroneck Code to Allow Non-residents to Purchase Permits to Park Overnight in Parking Lot C General: At the Town Board's February 15th meeting, the Town Clerk proposed opening up Parking Lot C on Myrtle Boulevard to nonresidents. The Town Code prohibits the Clerk from selling permits to nonresidents, however. The attached proposed local law would amend section 219-48 A. of the Town Code to allow the Clerk to sell permits to nonresidents for overnight parking in Parking Lot C. A copy of existing section 219- 48 A. also is attached so that the Town Board members can readily compare the proposed change and the current law. If the Town Board deems the local law worthy of consideration, it can set a public hearing to discuss it at a subsequent Town Board meeting. Attachments: 2023-02-17-LL (002) Set a Public Hearing to Allow Non -Residents to Purchase Lot C Overnight Parking Permits for an Annual Fee of $550 SKM C650i23032009300 Page 121 of 162 Local Law No. - 2023 This local law shall be known as the "Allowing Non-residents to Park Overnight in Parking Lot C" law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: Parking Lot C on Myrtle Boulevard, which allows overnight parking, is underutilized. Nonresidents have inquired about being allowed to purchase permits to park overnight in that lot; however, the Town Clerk cannot issue permits to them because section 219-48 A. of the Town Code prohibits the Town Clerk from selling parking permits to persons who are not residents of the Town. This local law will eliminate that prohibition with respect to Parking Lot C. Section 2 - Amendment of a current section of the Mamaroneck Code: Section 248-19 A. of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: A. The Town Clerk may only issue permits to residents of the Town, except that the Town Clerk may issue permits to both residents and non-residents of the Town for overnight parking in Parking Lot C. Except when seeking a permit for Parking Lot C, at the time of application, the applicant must submit proof of residency in a form satisfactory to the Town Clerk. Section 3 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. February 17, 2023 Page 122 of 162 • Town of Mamaroneck Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: March 21, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Set a Public Hearing to Allow Non -Residents to Purchase Lot C Overnight Parking Permits for an Annual Fee of $550 General: Request that the Town Board consider setting a public hearing to amend the law to allow the Town Clerk to issue Parking Lot C Overnight Parking permits to non-residents. Coughlin Condominium Associates, Inc. have provided a letter to the Town waiving the Town -resident only limitation in Paragraph 29 of the contract dated August 28, 1987. The Vehicles and Traffic code, chapter 219-48 A, states clearly "The Town Clerk may only issue permits to residents of the Town." This would be amended in the revised local law. The 2023 annual permit fee for our resident Overnight Lot C parkers is $450. We would like to offer Lot C permits to non-residents for a fee of $550 annually. All Lot C permit holders may park in Lot C weekdays from 7:30pm until 7:30am the following day, and 24 hours from Friday evenings at 7:30pm until Monday mornings at 7:30am. # # # Page 123 of 162 Coughlin Condominium Associates, Inc. March 13, 2023 178 Myrtle Blvd. Larchmont, NY 10538 Re: Correspondence of March 3, 2023. Concerning Town of Mamaroneck Lot C To: William Marker Jr. We the undersigned agree to waive the Town -resident only limitation in Paragraph 29 of contract dated August 28, 1987. All other terms of the agreement remaining the same. Sincerely, Michael A. Coughlin p Irk John M. Coughlin Jr Page 124 of 162 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: Award of Bid - TA-23-02 - Memorial Park Walkways & Sidewalk Replacement (Rebid) Date: March 20, 2023 Attached please find a memo from Robert Wasp, Town Engineer, regarding regarding the award of the bid for TA-23-02 - Memorial Park Walkways & Sidewalk Replacement (Rebid). Action Requested: Resolved that the Town Board hereby awards the bid for walkway and sidewalk replacement services received and opened on March 22, 2023 to Peter J. Landi, Inc. in the amount of $128,500.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 125 of 162 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 rwasp@townofmamaroneckNY.org Date: March 24, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Award of Bid - TA-23-02 - Memorial Park Walkways & Sidewalk Replacement (Rebid) General: Bid procurement was recently completed for the Memorial Park Walkways and Sidewalk Replacement. The project involves the removal and replacement of concrete sidewalks, curbing, ADA ramps, asphalt walkways and restoration. On March 22nd, 2023, six (6) bid proposals were received as summarized on the attached bid tabulation table. The apparent low bidder is "Peter J. Landi, Inc" at the submitted total price of $128,500.00 for the full project scope. Supplemental bid items for rock excavation and adjustment of utility curb stop boxes were submitted at $300 per cubic yard and $250 per each, respectively in the event that either work item is required during construction. The Engineering Department has extensive experience working with the Contractor on Town capital projects, including the most recent Senior Center Parking Lot Improvements. Work completed by Peter J. Landi, Inc has been consistently good quality and conducted in a professional manner. Peter J. Landi, Inc. remains contracted with the Town under its "On -Call Infrastructure Repairs TA-21-16" contract used for smaller projects. No errors or omissions that could potentially impact the viability of their bid price have been identified at this time. The Engineering Department recommends authorization of contract award to Peter J. Landi, Inc in the amount of $128,500.00. Budget for walkways and sidewalk replacement at Memorial Park was planned as part of capital project CP-2020.73. Incorporation of a contingency budget in the amount of $15,000.00 for supplemental bid items is recommended. Overall considered costs of $143,500.00 are fully contained within the available balance allocated to the capital project. Please feel free to contact me with any questions. Attachment/s: Page 126 of 162 Bid Tabulation TA-23-02 23.03.22 Page 127 of 162 UNOFFICIAL RESULTS Paladino Concrete Creations Corp Mount Vernon, NY 10550 \ \ { \ ® z z z z 00.00S`S$ ER zen fn z Coppola Paving & Landscaping Corp Bronx, NY 10475 Bid Bond: Yes EA 00. 0S$ Westchester Hills Landscaping Inc West Harrison, NY 10604 Bid Bond: Yes $104,000.00 ER $4,100.00 ER BIB Services Corp Bellmore, NY 11710 Bid Bond: Yes Con -Tech Construction Technology Inc Bronx, NY 10475 Bid Bond: Yes ER Peter J Landi Inc Hawthome, NY 10532 Bid Bond: Yes R CD ER Bid Item f — 2000 SF a \ 200 LF 7000 SF 100 CY 100 LF TOTAL EXTENDED AMOUNT FOR BASE BID ITEMS 1 THRU 7 Unit price / CY Unit price / EA Description 5-inch depth municipal sidewalk and apron replacement Sidewalk handicapped curb ramp reconstruction 6-inch face reveal concrete curb replacement 1.5-inch compacted depth municipal asphalt walkway replacement Topsoil, including placement, grading, and turf re-establishment Miscellaneous additional work 2-inch PVC electrical conduit Rock excavation, removal, and disposal Adjustment of utility curb stop boxes \ z m r r w z z Page 128 of 162 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: Robert P. Wasp, Town Engineer Re: Award of Bid - TA-23-05 - Landscape Maintenance Services - Town Cemeteries and Right of Ways — 2023-2024 Date: March 20, 2023 Attached please find a memo from Robert Wasp, Town Engineer, regarding the award of bid for TA- 23-05 - Landscape Maintenance Services - Town Cemeteries and Right of Ways — 2023-2024. Action Requested: Resolved that the Town Board hereby awards the bid for landscape maintenance services received and opened on March 9, 2023 to ACL Property Maintenance, Inc. for 2023 services in the amount of $36,400.00 and 2024 services in the amount of $37,400.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 129 of 162 • 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 rwasp@townofmamaroneckNY.org Date: March 24, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Award of Bid - TA-23-05 - Landscape Maintenance Services - Town Cemeteries and Right of Ways — 2023-2024 General: The referenced Town contract scope provides for regular landscape maintenance activities at various Town road right-of-ways and cemeteries throughout the Unincorporated Area. Typical contractor tasks include grass mowing, brush and tree branch trimming, invasive species/litter removal and spring/fall seasonal cleanups. Maps showing the entirety of Town locations involved in the contract scope are included in the published bid document. Bid documents were publicly advertised on the Empire State Purchasing Group platform ("BidNet") and noticed in the Westchester Journal News for a period of several weeks. In total three (3) proposals were received from prospective companies on March 9, 2023. Bid pricing was structured as a yearly lump sum with no alternatives. Please refer to the attached tabulation summary of all contractor proposals. ACL Property Maintenance, Inc. submitted the lowest, responsive and complete proposal. "ACL" under its former name "Acocella Contracting, Inc." has executed this contract scope in past years and has maintained a good reputation with the Town. Upon awarding the contract the Highway Department will meet with ACL to review the requirements of the contract in correlation with the locations on the maps. The Engineering Department recommends award of the contract to ACL Property Maintenance, Inc. for work in the 2023 and 2024 calendar years at annual lump sums of $36,400.00 and $37,400.00, respectively. Please feel free to contact me with any questions. Attachments: Bid Tabulation TA-23-05 20230309 Page 130 of 162 Contract # TA-23-05 LANDSCAPE MAINTENANCE SERVICES - TOWN CEMETERIES AND RIGHT OF WAYS, YEARS 2023-2024 Bid Opening Results, March 9th, 2023 at 11:00 a.m. E. S. T. Dom's Lawn Maker Inc. Port Washington, NY 11050 BidBond: Yes oc 0o0 0 $12,948.10 $12,948.10 - O - $14,113.43 $14,113.43 $129,481.00 $141,134.29 a N tri b O r VI Landscape Concepts Brewster, NY 10509 BidBond: Yes 0 O O N O V) l - 0 V) l - 0 , l� $14,162.00 O O 0 Vn d00 00 0 M O 0 M In r 1-1 Y3 ACL Property Maintenance Inc. Scarsdale, NY 10583 BidBond: Yes 0 0 O O © O O © $30,400.00 O O O© 0 O © 0 0O d, 0 oO d, 0 C oe N Bid Item A. General Monthly Maintenance 2023 B. Spring Cleanup 2023 C. Fall Cleanup 2023 D. General Monthly Maintenance 2024 E. Spring Cleanup 2024 F. Fall Cleanup 2024 Bid Amount 2023 Bid Amount 2024 TOTAL BID AMOUNT ge 131 of 162 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: Award of Bid - TA-23-07 - Landscape Maintenance Services - Senior Center, Hommocks Fields & Pool Area. Date: March 20, 2023 Attached please find a memo from Robert Wasp, Town Engineer, regarding the award of the bid for TA-23-07 Landscape Maintenance Services - Senior Center, Hommocks Fields & Pool Area. Action Requested: Resolved that the Town Board hereby awards the bid for landscape maintenance services received and opened on March 23, 2023 to PA Ferraro Landscaping for the cost of $10,550 for each year for 2023 and 2024 services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 132 of 162 • 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 rwasp@townofmamaroneckNY.org Date: March 24, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Award of Bid - TA-23-07 - Landscape Maintenance Services - Senior Center, Hommocks Fields & Pool Area. General: The referenced Town contract scope provides for regular landscape maintenance activities at the Town Senior Center, Hommocks Fields, and Pool Complex. Typical contractor tasks include grass mowing, brush and tree branch trimming, invasive species/litter removal and spring/fall seasonal cleanups. Bid documents were publicly advertised on the Empire State Purchasing Group platform ("BidNet") for a period of several weeks. In total two (2) proposals were received from prospective companies on March 23, 2023. Bid pricing was structured as a yearly lump sum with no alternatives. Please refer to the attached tabulation summary of all contractor proposals. P.A. Ferraro Landscaping, Inc. submitted the lowest, responsive and complete proposal. The landscaping company has executed this contract scope in past years and has maintained a good reputation with the Town. The Engineering Department recommends awarding the contract to P.A. Ferraro Landscaping, Inc. as a two-year contract for work in the 2023 and 2024 calendar years at an annual lump sum of $10,550.00 and $10,550.00, respectively. Please feel free to contact me with any questions Attachments: Bid Tabulation TA-23-07 Page 133 of 162 Bid Opening Results, March 23rd , 2023 at 11:00 a.m. E.S.T. ACL Property Maintenance, Inc. Bid Bond: Yes Year 2024 $14,400.00 o o co o o co o o co cci 14 Year 2023 0 0 0 0 M EA 0 0 0 0 N 0 0 0 0 N 0 0 0 0 o l� 6,3 U pp C. CL R U C. R 0 i. 44 d Bid Bond: Yes Year 2024 0 0 0 O W EA 0 0 0 N EA 0 0 0 N EA 0 0 S V1 0 6,3 Year 2023 o 0 0 o EA 0 0 0 ci, 0 0 0 ci, 00 „S cc - 6,3 "O CQ A. Total Monthly Maintenance per Contract Year B. Spring Cleanup (1 Service) C. Fall Cleanup (1 Service) Total Bid Amount Page 134 of 162 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: Shyam Pandya, IT Director Re: Disposal of Town Devices Date: March 30, 2023 Attached is a surplus list of devices, provided by the IT Department, which are no longer necessary for Town operations. Many of these devices have been repositories for confidential information and must be disposed of in an appropriate manner. We are requesting that the Board allow the IT Department to dispose of and/or recycle these systems once all internal storage devices have been removed, wiped of all data, and destroyed. Action Requested: Resolved that the Town Board hereby authorizes the IT Department to dispose of and/or recycle these systems once all internal storage devices have been removed, wiped of all data, and destroyed. Attachment/s: Surplus List Page 135 of 162 Device Cash Drawers Cash Drawers Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Laptop Laptop Monitor Monitor Monitor Monitor Monitor Monitor Monitor Monitor Monitor Printer Printer Printer Printer Printer Printer Printer Printer Printer Printer Printer Printer Printer Scanner Tablet Tablet Tablet Tablet UPS UPS UPS UPS Type/Model MMF ADV114B11F1004 MMF ADV114B11F1004 OptiPlex 7050 Optiplex 5040 Optiplex 7050 Optiplex 3020 Optiplex 7050 Optiplex 7010 Optiplex 9020 Optiplex 9020 Optiplex 9010 Optiplex 9020 Optiplex 9020 Lenovo IdeaPad Yoga 13 Lenovo IdeaPad Yoga 13 Dell P2018H Dell P2414Hb Dell 2007FPb Dell P2213t Dell P2018H Acer V223W Dell 198Wfp Dell P2018H Dell 1908Fpb HP Office Jet 7612 HP Office Jet Pro 8630 HP Officejet Pro 8610 HP Officejet Pro 8720 HP LaserJet P2055dn HP LaserJet Pro MFP M148dw HP LaserJet P2055dn HP Officejet Pro 8720 HP LaserJet P3015 HP OfficeJet Pro 8720 HP LaserJet P2055dn HP LaserJet P2055dn HP LaserJet P2055dn Fujitsu ScanSnap iX500 iPad 2 16GB iPad 2 16GB iPad 2 16GB iPad Mini ABST 400 APC BE350G APC BE350G APC BE550G Serial Number ADV-171765 ADV-171768 6X3VXM2 83B9DH2 6X4TXM2 215K282 3 W 27 BT2 7YGKH02 8Z5TX12 70W3Q22 4D8GCX1 7153Q22 7144Q22 EB31928627 EB31819018 CNON5P3K CN0524N3742614363DCL MX0G324H7426216E1JRL CN04DTJ374445331086M CNON5P3KTV2007BG25BUA01 ETLC30813802802809FD94295 CN0RW1957287285U1H65 CNON5P3KTV2007BG256UA01 CNOD319J742619323UOLA00 CN48Q2MODP CN53QEKODS CN4BQEX01W CN7A7C629H CNB9316649 VNB4D18144 VNB3T05278 CN7A7C627N JPBDS22176 CN7A6C610C CNB9017793 CNB9331380 CNBJ522369 AWTHG49244 DLXG9TXVDFJ1 DLXGCNVNDFJ1 DLXGCJPSDFJ1 F7NLN9A2F197 FCAJN2002054 4B1549P34982 4B1549P34294 4B1538P21846 Page 136 of 162 UPS UPS UPS UPS UPS UPS UPS UPS UPS UPS UPS UPS UPS Digital Clock Digital Clock Digital Clock Printer Desktop UPS UPS UPS UPS Scanner Scanner Scanner Access Point Access Point UPS Monitor Desktop Desktop Desktop Desktop Desktop Desktop Access Point Desktop Laptop Laptop Laptop Laptop Laptop Tablet Tablet Laptop Laptop Laptop Tripp Lite Internet 750U Cyber Power EC350G Cyber Power EC350G Cyber Power EC350G Cyber Power EC350G ABST 400 APC BE350G APC BE350G Cyber Power EC350G ABST 400 Cyber Power EC350G APC BE550G APC BE550G Sapling IP Clock Sapling IP Clock Sapling IP Clock HP Officejet Pro 8100 Optiplex 9020 APC BE350G APC BE350G APC BE350G APC BE350G Fujitsu ScanSnap fi- 7160 Fujitsu ScanSnap iX500 ScanSnap S1500 Cisco Aironet AIR AP1041N A K9 Cisco Aironet AIR AP1041N A K9 Eaton 5P 550R LCD 1715 Optiplex 3040 Optiplex 3020 Optiplex 9010 Optiplex 9020 Optiplex 9020 HP t510 Thin Client Ruckus ZoneFlex 7372 Optiplex 9020 Latitude 3570 Latitude 3570 Latitude E5440 Latitude 3570 Latitude 3550 Samsung SMp900 Samsung SMp900 Latitude 7390 2-in-1 Latitude 7390 2-in-1 Latitude 3390 2-in-1 2644AVHBC87AC00187 TCHGX2000166 TCHGX2000308 TCHGX2000694 TCHGX2000658 FCAH P2005454 4B1549P34958 4B1549P34921 TCHGX2000309 FCAH W 2002795 TCHGV2000774 4B1538P24163 4B1538P21815 n/a n/a n/a CN57EHV10M 7125022 4B1549P33529 4B1549P34824 4B1635P30197 4B1549P33627 A36D028531 AWTHG49206 346888 FTX1632E4AB FTX1632K4E9 G127G46280 3Z171881GA FTJ4KH2 4073482 4D8JCX1 7105022 7114022 MXL4221MOT 521302002086 7134022 1JM3F82 5JM3F82 5ZB3K12 4JM3F82 D0N3042 A3LSMP901 A3lsmp902 16MYMV2 4TY4 N F 2 J2395P2 Page 137 of 162 Monitor Monitor Monitor Monitor Server Server Server Server Server Server Server UPS UPS UPS UPS 1908FPb 2007fpB Stealth TOM-M7 2007FPb HPE ProLiant DL380e Gen 8 HPE ProLiant DL380p Gen 8 HPE ProLiant DL360 Gen9 HPE ProLiant DL360 Gen9 HPE Proliant DL360 Gen9 HPE ProLiant DL360 Gen9 HPE ProLiant DL380e Gen8 EC350G EC350G EC350G BE425M CN0D319J742619323U5LT MX0G324H7426216E1JHL 2P01373 MX0G324H742629CF18LL MXQ51907X5 2M251920HS MXQ71905YF MXQ529078Q MXQ52508BT MXQ52506TW CZJ6410FYZ MXQ52506TW TCHGX2000165 TCHGX2000660 TCHGX2000696 0B2053P02728 Page 138 of 162 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: Proposed Resolution to Oppose the Discharge of Contaminated Water from Indian Point Date: March 29, 2023 Attached is a proposed resolution to oppose the discharge of contaminated water from the Indian Point nuclear power plant into the Hudson River. In the process of decommissioning the plant, Holtec International, the company that oversees the site, has announced its intention to release radioactive wastewater from onsite fuel pools into the river. Action Requested: Resolved that the Town Board hereby opposes the plan to release over a million gallons of contaminated water from the Indian Point nuclear power plant site into the Hudson River. Attachment/s: 2023-3-31-resolution re discharge Page 139 of 162 Resolution Opposing the Discharge of Contaminated Water into the Hudson River WHEREAS, Holtec Intemational, the company decommissioning the Indian Point nuclear power plant, has announced its intention to release radioactive waste water from onsite fuel pools into the Hudson River, and WHEREAS, to date there has been no specific reporting of the radionuclide contents of this water which is heavily contaminated from the storage of the nuclear fuel waste, and WHEREAS, pre-release filtration to remove these isotopes has been presented as a solution to reduce the content of these carcinogenic contaminants to a level "as low as reasonably achievable", and WHEREAS, the National Academy of Science has indicated that there is no verifiable safe level of these isotopes when ingested or inhaled, and WHEREAS, such pre-release treatment would not remove tritium, also carcinogenic, from the water, and WHEREAS, there is a risk that contaminants released into the Hudson River may enter the food chain, and WHEREAS, there are community members who depend on fish from the river as a food source, and WHEREAS, there are seven communities upriver whose drinking water comes from the Hudson River, and WHEREAS, since the Hudson River is an estuary that flows from south to north as well as from north to south, the health of the upriver communities must be considered, and WHEREAS, the Hudson River also serves as a source of recreational activities and represents an economic resource that will be endangered by this reckless action, and Page 140 of 162 WHEREAS, New York State Senator Peter Harckham and New York State Assemblywoman Dana Levenberg have proposed legislation which would ban release of radioactive waste into the Hudson River by Holtec International or any successor charged with decommissioning the Indian Point Nuclear Power Plant. NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck strongly opposes the plan to release over a million gallons of contaminated water from the Indian Point Nuclear Power Plant site into the Hudson River; and, BE IT FURTHER RESOLVED, that the Town Board of the Town of Mamaroneck supports Senator Harckham's and Assemblywoman Levenberg's legislation, S.5181, with regard to prohibiting the discharge of any radiological agent into the waters of the state from nuclear power plants; and, BE IT FURTHER RESOLVED, that the Town Clerk send a copy of this resolution to the Westchester County Federal and State Delegations, the Federal and State Nuclear Regulatory Committees and the New York State Department of Environmental Conservation. March 31, 2023 Page 141 of 162 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: State Building Code Resolution Date: March 31, 2023 Attached is a memo from Town Attorney, Bill Maker, regarding the New York State mandated building code. Action Requested: Resolved that the Town Board hereby adopts the New York State Uniform Fire Prevention and Building Code as amended. Page 142 of 162 • Town of Mamaroneck Town Attorney, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: March 31, 2023 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney Subject: State Building Code Resolution TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org General: The state has mandated that local communities adopt the State's building code. The overhaul of articles and sections of the Town Code will be a considerable task. For now, the Town Board is asked to resolve that the Town will enforce the State code. Attachments: Resolution Adopting State Code Page 143 of 162 Resolution re: State Building Code BE IT RESOLVED, that the Town of Mamaroneck hereby adopts the New York State Uniform Fire Prevention and Building Code as amended. March 31, 2023 Page 144 of 162 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: Connie Green O'Donnell, Deputy Town Administrator Re: Salary Authorization - Highway Department Date: March 22, 2023 Attached is a memo from Deputy Town Administrator, Connie Green O'Donnell, regarding the appointment of Michael Mendes to the position of Park Foreman. Mr. Mendes has been an exemplary employee within the Highway Department since 2007. Should the Board wish to accept this appointment, Mr. Mendez would receive an annual salary of $83,159, effective April 6, 2023. Action Requested: Resolved that the Town Board hereby approves the appointment of Michael Mendes as Park Foreman at an annual salary $83,159, effective April 6, 2023. Page 145 of 162 • Town of Mamaroneck Administrator, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckNY.org Date: March 22, 2023 To: Meredith Robson, Town Administrator From: Connie Green O'Donnell, Deputy Town Administrator Subject: Salary Authorization - Highway Department General: Authorization is requested to appoint Michael Mendes to the position of Park Foreman, at an annual salary of $83,159, effective April 6, 2023. This position is vacant due to a recent retirement and is reflected in the 2023 budget. Mr. Mendes was hired as a Laborer in 2007 and in 2011 he was promoted to Motor Equipment Operator. Mr. Mendes is currently working in the Parks Department and has been there most of the time since he was hired in 2007. Under the leadership of the previous Foreman, he has gained the required experience to assume the role as Foreman. There were a few occasions when the Foreman was out on extended leave, and Mr. Mendes was selected to be in charge of the department and performed that role successfully. He has proven to be a dedicated and conscientious employee always willing to assist others, executes assigned tasks in an efficient and timely manner and possesses the skills to oversee the operations in the Parks Department. Based on Mr. Mendes' excellent work performance, experience working in the department, his willingness to learn new tasks and ability to work well with co-workers, John Barreto, General Foreman, is recommending that he be appointed to the position of Park Foreman. Page 146 of 162 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: Connie Green O'Donnell, Deputy Town Administrator Re: Salary Authorization and Labor Foreman Status Change Date: March 27, 2023 Attached is a memo from Deputy Town Administrator, Connie Green O'Donnell, regarding an employment agreement with Christopher Gonch. While he will continue serving in the position of Labor Foremen, which he has held since 2021 when John Barreto was promoted to General Foreman, the position will now be a management/non-union position. I am happy to recommend this change in Chris's status at an annual salary of $107,000, effective May 1, 2023. We have discussed this with the CSEA Union and they are supportive of this change. Action Requested: Resolved that the Town Board hereby approves the removal of the Labor Foreman position from the CSEA agreement and the authorization of Chris Gonch's salary of $107,000 effective May 1, 2023. Page 147 of 162 • Town of Mamaroneck Administrator, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckNY.org Date: March 27, 2023 To: Meredith Robson, Town Administrator From: Connie Green O'Donnell, Deputy Town Administrator Subject: Salary Authorization and Labor Foreman Status Change General: For your review, enclosed is Christopher Gonch's proposed draft employment agreement to continue serving as Labor Foreman. Mr. Gonch has been in that position since July 2021. The title of Labor Foreman is currently in the CSEA Agreement. At times when John Barreto, General Foreman, is on vacation or out sick, Mr. Gonch is responsible for performing the duties of the General Foreman, which includes overseeing the operations of the Highway Department. This situation presents a possible conflict of interest, given he is in charge of other union members. Based on our conversation with the CSEA Union about the removal of the Labor Foreman title from the Agreement, we have confirmed that they are in support if the Town were to request that it be done. Attachments: Chris Gonch's Employment Agreement Page 148 of 162 March 17, 2023 Christopher Gonch 46 Lakespring Drive Brewster, NY 10509 RE: Employment Agreement Dear Mr. Gonch: As discussed, following are the terms and conditions of your employment agreement to serve as Labor Foreman in the Highway Department for the Town of Mamaroneck. ➢ Salary: Your annual salary will increase to $107,000 effective May 1, 2023. It is understood, as of that date, you will no longer be entitled to additional compensation, such as overtime and a stipend. Future salary adjustments for management staff will be considered during the annual budget review process. ➢ Health Insurance: You and your eligible dependents will continue to be offered healthcare coverage through the New York State Health Insurance Program (NYSHIP). You will be required to pay five percent (5%) of the premium, which is adjusted each year based on NYSHIP's premium. Since you have already satisfied the ten (10) year service requirement, if you retire through the New York State and Local Retirement System (NYSLRS), you and your eligible dependents will be entitled to receive healthcare coverage in retirement at no cost, In the event you predecease your eligible dependents, the Town, at its expense, will continue to provide healthcare coverage for your eligible dependents for three (3) months commencing the first of the month following your death. At the end of the three (3) month period, your dependents' eligibility to continue coverage will be in accordance with the NYSHIP provisions. ➢ Health Insurance "Buy-out": If you decide not to elect the NYSHIP coverage, you will be eligible for the "buy-out" payment provided you are not covered by the NYSHIP for a period of twelve (12) consecutive months. The payment would be five thousand dollars ($5,000) subject to applicable withholding and payroll taxes, since you are eligible for family healthcare coverage. If you are no longer eligible for family coverage, the payment for individual coverage would be four thousand dollars ($4,000). ➢ New York State and Local Retirement System: Your participation as a member of Tier 4 will continue. The Town will provide you with the benefits of Section 41j which would Page 149 of 162 permit you to use your unpaid sick leave up to one hundred sixty-five (165) days towards retirement service credit. ➢ Dental Plan & Vision Plan: You and your eligible dependents will continue to be covered by the MetLife Dental Plan and the CSEA Employee Benefit Fund Vision Plan at no cost. ➢ Life Insurance & Accidental Death & Dismemberment Insurance: You will continue to be covered by a ten thousand dollar ($10,000) life insurance policy and a ten thousand dollar ($10,000) accidental death and dismemberment policy at no cost. ➢ 457(b) New York State Deferred Compensation Plan: You are eligible to participate in the 457(b) Plan that permits salary deferrals on a pre-tax basis subject to annual IRS contribution limits. ➢ Sick Days: You will continue to receive twelve (12) sick days on January 1 of each year. The balance of unused sick days is carried over to the following calendar year and there is no limit as to the number of days that can be accumulated. An additional day is earned if you have not used a sick day in a consecutive four (4) month period in a calendar year. If in any full calendar year, you have not used sick time, you will be eligible to receive four hundred dollars ($400). This benefit will be adjusted accordingly to maintain consistency with the Civil Service Employees Association (CSEA) Agreement. Upon retirement, the Town will pay you at the rate of eighty dollars ($80) per day for any accumulated sick leave in excess of one hundred and sixty-five (165) days to a maximum of two hundred and forty (240) days. The maximum number of days for which you will be paid is seventy-five (75). This benefit may be adjusted, if different than the amount in the CSEA Agreement in effect at the time you retire. ➢ Vacation Days: You are entitled to twenty-five (25) vacation days each calendar year. Requests to schedule vacation, as well as requests to carry over vacation days are subject to the approval of the General Foreman or their designee. If upon retirement, resignation or separation (other than cause), you will be paid for unused vacation not to exceed one (1) year of vacation entitlement. ➢ Longevity Pay: You will continue to receive longevity payments in accordance with the CSEA Agreement. This benefit will be adjusted accordingly to maintain consistency with the CSEA Agreement. ➢ Health Club or Gym Membership: You will continue to be eligible to receive reimbursement for health club or gym membership expenses up to two hundred and seventy-five dollars ($275) each calendar year, provided proper documentation is submitted. ➢ Cell Phone Allowance: You will continue to receive an allowance for use of your personal cell phone for business purposes. ➢ Shoe and Clothing Allowances: You will continue to receive a shoe and clothing allowance of four hundred and fifty dollars ($450). This amount will be adjusted accordingly to maintain consistency with the CSEA Agreement. Page 150 of 162 ➢ New York State Disability Benefits: You will be entitled to New York State Disability Benefits for non -work related illnesses or injuries at no cost. The benefits commence on the eighth (8th) consecutive day of the disability and continue up to a maximum of twenty-six (26) weeks or until you are no longer disabled, whichever occurs first. On days which you are eligible to receive benefits, you will continue to receive full salary and will only by charged one-half (V2) day of sick time. Additional details are provided in the CSEA Agreement. ➢ Workers' Compensation: You will be entitled to Workers' Compensation insurance pursuant to the applicable requirements of the laws of New York State. If you are necessarily absent from work because of a job -related injury as defined by the law, you shall be granted leave with full pay for a period not to exceed nine (9) months, exclusive of accumulated sick leave and vacation leave. During such absence, you shall not accrue sick leave or vacation leave credits. ➢ Work Schedule: You may be required to work extended hours during the week (Monday through Friday) and on weekends and holidays, when necessary, to ensure the Highway Department's operations are running smoothly and efficiently. ➢ Personal Time: You will be entitled to personal leave for appointments and personal business that cannot be otherwise completed outside the normal work hours. Requests for personal leave are subject to the approval of the General Foreman or their designee. ➢ Holidays: You will be entitled to the paid holidays as listed in the CSEA Agreement. As the Labor Foreman, it is understood there will be no personal conflict of interest pertaining to you that will adversely affect your ability to perform the duties of this position. You agree that you shall not conduct any private work that would conflict with your duties as the Labor Foreman in the Highway Department. We sincerely wish you continued success during your tenure at the Town of Mamaroneck. Sincerely, Meredith S. Robson Town Administrator Please indicate your acceptance of this Employment Agreement by signing where indicated below. Christopher Gonch Date cc: Connie Green O'Donnell, Deputy Town Administrator Page 151 of 162 PRESENT: ABSENT: ALSO PRESENT: Town of Mamaroneck Town Board Minutes Wednesday, March 15, 2023, Conference Room C, First 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 Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilman King, seconded by Councilwoman Katz, the meeting unanimously opened at 5:03 p.m. Carried WORK SESSION ITEMS 1. Discussion - GovHR Compensation Plan Joellen Cademartori of GovHR presented the Town Board an overview of the results of the Town's recent comprehensive compensation study (see attachment A). This GovHR study was conducted to determine competitive salary rates for Non- Union/Management staff and to provide a system for internal pay equity. The GovHR study involved a job evaluation and the development of a classification system, as well as an in-depth compensation study of comparable communities. During the job evaluation portion of the study, GovHR looked at 23 positions and reviewed those positions against nine job factors. Then, GovHR conducted interviews to develop a classification plan. Next, GovHR completed a benefits survey, which showed that the Town of Mamaroneck was on par with other local communities when it came to benefits. The Town Board agreed to discuss implementation at a later time. See Presentation, Attachment A. Page 152 of 162 Town Board March 15, 2023 2. Discussion - Governor Hochul's Housing Compact Town Supervisor Jaine Elkind Eney advised the Town Board of recent counter proposals, one by the State Senate and one by the State Assembly, with regards to Governor Hochul's Housing Compact. The Town Board agreed to discuss further at a later time, once details of changes have been finalized in the State legislature. 3. Discussion - Public Housing Authority Resolution Town Administrator Meredith Robson introduced the resolution to transfer the Town of Mamaroneck Public Housing Authority Housing Choice Voucher Program (Section 8) to the New York State Division of Housing and Community Renewal. Once transferred the State will then determine what local agency will administer the program. The Town of Mamaroneck Public Housing Choice Voucher Program will still remain a local program within the County to serve qualified applicants for this voucher program. The Town Board agreed to pass the resolution later this evening. 4. Discussion - Authorization of Supplemental Agreement #1 — NYSDOT Contract D040017 Waverly Avenue Bridge Replacement The Town Administrator Meredith Robson explained this supplemental agreement with the New York State Department of Transportation which is necessary to amend the contractual end date based upon the updated project schedule and to authorize scheduled funding for pending work related to right-of-way acquisition and construction. 5. Request for Executive Session Moved by Councilman King, seconded by Councilwoman Katz, the Town Board entered into Executive Session to discuss the employment history of a particular individual or individuals, potential litigation, and the leasing of real property. Carried Moved by Councilwoman Nichinsky, seconded by Councilman King, the Board unanimously agreed to resume the Regular Meeting. Carried 6. Discussion - The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law Town Attorney William Maker Jr. explained this proposed local law to the Town Board, clarifying the criteria that must be met to qualify under the Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law. Attorney Maker explained that the 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. Attorney Maker reviewed the series of requirements to qualify for the partial exemption. The Town Comptroller estimated the cost for the tax exemption in year 1 to be $17,635.23, if the exemption is set at 10 percent and the requirement is that Volunteer Firefighters and Volunteer Ambulance workers be active for 2 years (see Attachment B.) However, the State law requires that Volunteer Firefighters and Volunteer Ambulance workers be enrolled, not necessarily active, in order to qualify. The Town Board agreed that $2.29 on average for a homeowner tax increase was an acceptable price to pay for the tremendous level of firefighting and ambulance service that we receive in the Town. The Board agreed to set a Public Hearing on the proposed law for April 4th. Page 153 of 162 Town Board March 15, 2023 7. Discussion - REALM Presentation — See Attachment C. The members of REALM thanked the Town Board for their comments and feedback, on the initial presentation of the proposed monument, and the opportunity to make changes to the design to ensure it fits at the Town Center. REALM visited the Town Center site many times, reviewing the three possible sites, but settling on the one in the middle (B). Site B is visible from Route 1 and is also easily accessible for a wheelchair or stroller from the back of the Town Center. REALM shared that they intend to use red terracotta clay in parts of the installation, so that it will tie into the Town Center building. The proposed monument will also tie into the entrance to the old school, apropos as REALM intends to educate through the monument. REALM also wants to incorporate the names of all the enslaved, for whom we have names, that lived here into the monument, and as designed it would provide enough surface area for that. The proposed design also includes a bench that reflects the curve of the monument. The monument will be a place for deep reflection. It might be backlit at night and could have bigger imagery and/or relief on the back so that it might possibly be visible from Route 1 as well. Supervisor Elkind Eney asked about the surface and color of the proposed monument. REALM responded that the monument would most likely be a concrete structure with either concrete or ceramic relief. REALM intends to further develop the design, including expand on color and surface area after the basis of the monument is agreed. REALM then explained that the monument will be quite sculptural. There will be visual stories, including perhaps names, dates, places, and significant words. The text will be the names. Councilman Jeffrey King asked if the monument might be oriented somehow to the North, pointing out that the University of Virginia Memorial to Enslaved Laborer is circular in its design but points in the direction of the North Star, which for the enslaved led to freedom. REALM had not considered a northern orientation and agreed to look into the idea. The Town Board and REALM then discussed the educational component. Councilman King asked whether REALM had discussed the project with Joe Liberti's OCRA students or the Art Department at Mamaroneck High School. REALM noted that part of their mission is to include the educational component, so they do intend to pursue contacts and programs with the Mamaroneck schools. The Town Board plans to visit the proposed site to review the selected location and size of the monument, then will report back to REALM. The Town Board are looking forward to being presented specifics of the design once the site and scale have been approved. 8. IMA with MUFSD and Town of Mamaroneck regarding Love Your Food Grant The Town Administrator explained that this agreement is necessary as the Town acts as a pass -through for the Love Your Food grant. This intermunicipal agreement simply allows the Town to pay the Mamaroneck Union Free School District for the implementation of the grant program. The Town Board agreed to pass the resolution later in the evening. 9. Millennium Strategies - Grant Writers The Town Board requested that Town Administrator Robson check with Millennium Strategies to see if they would extend the Town's contract on a month -to -month basis at this time. The Town Board requested to review the contract renewal with Millennium Strategies at a later date. Page 154 of 162 Town Board March 15, 2023 10. Woodard and Curran agreement Attorney Maker presented the revised proposed agreement with Woodard and Curran. After Attorney Maker answered several questions regarding the agreement, the Town Board agreed to authorize the agreement later in the evening. 11. Additions to Regular Meeting Agenda The Board agreed to add two items to the Affairs of the Town at tonight's meeting: a Certiorari and an intermunicipal agreement with the Mamaroneck Union Free School District and Town regarding Love Your Food Grant Monies. 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Conference Room C Located on the first floor of the Town Center. The Public was able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org. CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:27 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening in Conference Room C and that it was open to the public. SUPERVISOR'S REPORT 1. Welcome to the March 15, 2023, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session here at the Town Center in Conference Room C starting at 5:OOpm, which is open to the Public. Update on the Governor's Housing Compact: The State Senate and the State Assembly have each been deliberating on the Governor's proposed budget. They have presented substantially different versions of the Governor's housing compact to her. Now it's time for resolution. Upcoming Events: On March 19, 2023, the Sound Shore St. Patrick's Day parade will kick off at 1:30 from Mamaroneck Avenue School in the Village of Mamaroneck and proceed along Mamaroneck Avenue to the Harbor. This is a fun -filled event for children of all ages. Looking Back: On March 4, Abby and I attended a coffee with State Senator Shelley Mayer, State Assemblyman Steve Otis, County Executive George Latimer, and County Legislator Catherine Parker. The meeting was well attended. They each spoke about issues they are involved in and then fielded a robust Q and A Session. We are so lucky to have elected representatives on the State and County level who are so responsive and available to us. On March 6, I was asked to participate in the County Executive's weekly press briefing. I got to speak about my favorite topic...the Town of Mamaroneck! On March 9, I attended a Mamaroneck Chamber of Commerce Meeting. All of the members introduced themselves and spoke of their businesses. Later that evening I, along with members of the Town Board attended a Westchester Municipal Officials Association monthly meeting which was hosted by the VOM. The topics: electrifying the NYC fleet, EV programs SmartChargeNY, and PowerReady at ConEdison. The program was informative and helpful. On March 11, I attended a community concert at Saint Thomas Episcopal Church. The group, the Wild Life, was really wonderful. One of the members, Nicole Alifante, is on our Comprehensive Plan Steering Committee. The place was packed, and everyone had a great time. Page 155 of 162 Town Board March 15, 2023 PUBLIC HEARING(S) There were no Public Hearings. RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board. Brad Kellogg, of 70 North Chatsworth Avenue, spoke to the Town Board about a fence near his property line but actually built on Town property. Mr. Kellogg explained that the fence was built before he purchased his home. His children are 7 and 9, and for safety, Mr. Kellogg requested that the Town Board allow the fence to remain. Mr. Maker remembered receiving Mr. Kellogg's email and confirmed that the fence is indeed on the Town's right of way. Generally, the Town would not approve this request. As the fence was installed before Mr. Kellogg bought the property, and in addition because there may be a legitimate safety reason to let the fence remain, Attorney Maker thought the Town Board should consider allowing the fence to remain. The Town Supervisor reviewed a survey that Mr. Kellogg presented to the Town Board, and the Town Supervisor noted that the fence was only one foot past the property line on one side, but quite a bit beyond on the other side. Councilman King mentioned the grandfathering in the Town's Zoning laws, noting that that the vast majority of homes would now not be allowed to be built. Councilman King suggested that perhaps the Board could 'grandfather' in the fence. Supervisor Elkind Eney noted that if the Town needed the fence to come down in the future, then it would need to be removed within a certain period of time by the homeowner and at the homeowner's expense. The Town Board agreed to allow the fence to be 'grandfathered in' with the provision of owner of property to repair the fence as necessary. The Town Attorney will draft an agreement. Mr. Kellogg thanked the Town Board and requested that the Town undertake a traffic study of the adjacent intersection, as it is fairly dangerous. Next to address the Town Board was Marianne Hardart of the Larchmont Civic Gardens Association. Ms. Hardart requested an update on the work on the arches. The Town Administrator agreed to send an update to Ms. Hardart. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Nichinsky and seconded by Commissioner King the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky 2. Fire Claims Moved by Councilman King, seconded by Councilwoman Katz, it was RESOLVED, that this Board of Fire Commissioners does hereby authorize payment of the Fire Department Claims in the amount of $4,977.02, as approved by the Fire Chief and audited by the Comptroller's Office. See Attachment D. Page 156 of 162 Town Board March 15, 2023 Carried 3. Fire Report for the Month of February 2023 Commissioner Elkind Eney read the Fire Report for the Month of February 2023, submitted by Chief Broderick, as follows: ALARM TYPE NUMBER Generals 31 Minors 27 Stills 3 Out of Town (Mutual Aid) 0 EMS 32 Drills 3 TOTAL 96 Total number of personnel responding: 605 Total time working: 42 hours and 37 minutes. See Attachment E. 4. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner Fiddelman, Seconded by Commissioner King, the Commission unanimously adjourned, and the Town Board reconvened. AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization — Town Board Meeting Change Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby approves the Town Board meeting change to June 20, 2023, (from June 21, 2023). Carried 2. Authorization — Public Housing Authority Resolution Town Administrator Robson explained that this resolution is needed to transfer the Town of Mamaroneck Public Housing Authority Housing Choice Voucher Program to the New York State Division of Housing and Community Renewal. The Administrator noted that the Town of Mamaroneck Public Housing Choice Voucher Program will still remain a local program within the County to serve qualified applicants for this voucher program. Town Councilwoman Nichinsky mentioned that she had originally been uncomfortable with the idea of moving the Town's Public Housing Choice Voucher Program to the County level. Councilwoman Nichinsky acknowledged that now that the preference Page 157 of 162 Town Board March 15, 2023 given to local applicants for local housing has been taken away, the benefit of maintaining the Voucher Program at the Town level no longer exists. 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 Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, 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 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 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 Page 158 of 162 Town Board March 15, 2023 RESOLVED, that the PHA and the Town are authorized to take such further actions as are required by the HUD Notice. Carried 3. Set a Public Hearing — The Volunteer Firefighter and Volunteer Ambulance Worker Tax Exemption Law Town Attorney William Maker Jr. explained that on December 9, 2022, a law was enacted by the State that allows municipalities to offer Volunteer Firefighter and Volunteer Ambulance Workers a partial tax exemption. The Town Board discussed this proposed tax exemption law during the Work Session, including asking Fire Chief Tom Broderick to attend in order to offer his input and opinion. Moved by Councilwoman Fiddelman, seconded by Councilman King, it was 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". Carried 4. Authorization — Supplemental Agreement #1 — NYSDOT Contract D040017 Waverly Avenue Bridge Replacement Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, it was 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. Carried 5. Authorization — Woodard & Curran Agreement for Hommocks Fields Town Attorney William Maker Jr. explained this agreement between the Town of Mamaroneck and Woodard & Curran Engineering and Geological Services regarding the Hommocks Field investigation work for Fields for Kids and the Town of Mamaroneck. Councilman King highlighted that this engineering and geological investigation is a win -win for the Town. Councilman King added that the Town will learn more about what is under the fields at the Hommocks, and Fields for Kids will learn what may be possible and what may fit on the Hommocks fields. Supervisor Elkind Eney pointed out that through this study, Woodard & Curran are simply going to determine what is feasible and what may be possible on the Hommocks fields. Supervisor Elkind Eney added that nothing that comes of this Woodard & Curran study will not be binding for the Town. Moved by Councilman King, seconded by Councilwoman Katz, it was 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. Carried Page 159 of 162 Town Board March 15, 2023 6. 2023 Town & County Tax Warrant Moved by Councilman King, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby approves the 2023 Tax Warrant and authorizes the Town Supervisor to execute said warrant on behalf of the Town. See Attachment F. Carried 7. Certiorari — La Vine Realty Co. Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Town Board hereby authorizes the settlement of the tax certiorari presented as follows with La Vine Realty Co. for a Retail Showroom/Warehouse near the entrance/exit for 1-95 on Mamaroneck Avenue: Year - Assessment Reduction Resulting Assessment 2017 $3,200,000 $235,000 $2,965,000 2018 $3,200,000 $135,000 $3,065,000 2019 $3,200,000 $135,000 $3,065,000 2020 $3,200,000 - 0 - $3,200,000 2021 $3,200,000 $100,000 $3,100,000 Carried 8. IMA with MUFSD for Love Your Food Grant Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby approves the intermunicipal agreement for the reimbursement of the Mamaroneck Union Free School District by the Town out of certain grant monies received form the Department of Environmental Conservation and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried REPORTS OF MINUTES 1. Report of Minutes for March 1, 2023 Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby approves the minutes of the Town Board meeting of March 1, 2023. Carried Page 160 of 162 Town Board March 15, 2023 REPORTS OF THE COUNCIL Councilwoman Katz • Attended a Library Board meeting on March 8. • Mentioned that the 'Building Better Soils' presentation has been rescheduled to next Tuesday at 6pm. Visit the Larchmont Library website for additional details. The New York Times online subscription is now available to all patrons and there is a new program to check out and, or to donate jigsaw puzzles. • Attended a coffee held by our elected officials where a resident requested a change to the State open meetings law to allow public comments at other municipalities Board/Trustee meetings. The Town has always had a public comments section, but Councilwoman Katz was surprised to learn that is not the case in all municipalities. • Attended the WMOA with Town Supervisor Elkind Eney and most of the Town Board, hosted this month by the Village of Mamaroneck. The speaker was Keith Kerman, NYC Chief Fleet Officer, who spoke about having one of the largest, if not the largest electric vehicle fleet in the nation — even electric sanitation trucks. Councilwoman Fiddelman • Attended Zoning meeting February 22nd • Attended Architectural Review on February 27th. • Attended the Local Summit yesterday, March 14th, via zoom, where our very own Town Supervisor Jaine Elkind Eney presented on the state of the Town, along with Sarah Bauer, Village of Larchmont Mayor, and Tom Murphy, Village of Mamaroneck Mayor. The next meeting is Tuesday, April 11th. The two local school superintendents will be speaking about the schools and their budgets. The Summit is still on Zoom, but they are taking about hosting the Summit in person soon. See www.localsummitlm.org for more details. Councilman King • Attended a Recreation meeting on March 14th, where the Recreation Commission passed a resolution prohibiting smoking in our Town parks. • The Lifeguarding class with nine students has started at the Hommocks Pool. • On April 1st, from 1 to 3pm, you can Skate with the Easter Bunny at the Hommocks Ice Rink. • On April 23rd, the 5K and L'il Bunny Hop will be happening at Memorial Park in the Town of Mamaroneck, with an 8:30am race time starting with the L'il Bunny Hop. The Recreation group is looking for assistance, please reach out to them if you would like to volunteer at this event. • On April 27th through 30th, the Hommocks Rink will host the Annual Ice Breaker Tournament, which always offers a great deal of fun, intramural hockey. • Registration for Session 5 for skating lessons is next Monday. Councilwoman Nichinsky • Attended a Planning Board meeting on March 8th. Microphones are due in next month from grant and will be greatly appreciated as it is difficult to hear speakers at their meetings. • Attended a Housing Authority meeting on March 6th, where they were happy to welcome their newest member, Larry Thaul. • Attended the Sustainability Collaborative meeting on the 7th of March, where Mark Kramer ran his first meeting. The meeting included another OCRA student presentation and the planning of many activities to happen in April. TOWN CLERK'S REPORT Clerk May reminded property owners 65 years of age and older, that they may be eligible for a tax exemption on their primary residence. Their combined owner income from all sources must be below $58,400 to qualify and applications are due by May 1st. Please visit our website at www.townofmamaroneckny.org for detailed instructions as well as the application or call the Assessor's office at 381-7820. Page 161 of 162 Town Board March 15, 2023 TOWN ATTORNEY'S REPORT Town Attorney Maker noted that Certioraris are waning which is evidence that the reappraisals that the Town started in 2013, and have continued to maintain, are proving very effective. He noted that the process seems to be working and saving taxpayers money. ADJOURNMENT Moved by Councilman King, seconded by Councilwoman Katz, The Town Board adjourned their Regular Meeting at 9:38pm and entered into an Executive Session to discuss the potential sale or lease of property and to discuss the employment history of a particular person or persons. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz The Town Board ended the Executive Session and closed the Town Board Meeting at 10:27pm. Next Regularly Scheduled Meeting - April 4, 2023 Submitted by Allison May, Town Clerk Carried Carried Page 162 of 162