HomeMy WebLinkAbout2024_05_22 Town Board Meeting Packet w
rri
H
FOUNDED1E.61
Town of Mamaroneck
Town Board Agenda
Wednesday, May 22, 2024
All Work Sessions and Regular Meetings are open to the public.
Page
5:00 PM THE TOWN BOARD WORK SESSION
The Work Session will convene in Conference Room A located on the Second
Floor at the Town Center.
CALL TO ORDER
WORK SESSION ITEMS
1. Discussion - IHRA Working Definition of Antisemitism 4 - 9
IHRA Working Definition of Antisemitism
2. Discussion - Housing Authority - Lease Amendment and Resolution 10 - 26
Housing Authority - Lease Amendment and Resolution - Pdf
3. Discussion - Affordable Housing Agreement - Housing Action Council 27 - 29
Affordable Housing Agreement - Housing Action Council - Pdf
4. Discussion - Supersession of Portions of Section 274-a (8) of the New York 30 - 33
Town Law in the Town of Mamaroneck
Supersession of Portions of Section 274-a (8) of the New York Town Law in
the Town of Mamaroneck - Pdf
5. Discussion - Refinement of the Procedure for Processing Site Plan 34 - 51
Applications
Refinement of the Procedure for Processing Site Plan Applications - Pdf
6. Discussion - Take Home Vehicle for Town Engineer 52
Take Home Vehicle for Town Engineer - Pdf
7. Discussion -Authorization to Enter into a Consent Decree Regarding WJWW 53 - 103
Authorization to Enter into a Consent Decree Regarding WJWW- Pdf
8. Request for Executive Session
9. Updates
10. Additions to Regular Meeting Agenda
8:00 PM TOWN BOARD REGULAR MEETING
The Town Board meeting will convene in the Courtroom Located on the second
floor of the Town Center. The Public is able to view the meeting on cable access
television (Optimum 76/ Fios 35) or on LMCMedia.org
CALL TO ORDER
Page 1 of 231
SUPERVISOR'S REPORT
PUBLIC HEARING(S)
RESIDENT COMMENTS
STAFF COMMENTS/ PRESENTATIONS
1. Police Department Awards
BOARD OF FIRE COMMISSIONERS
1. Call to Order
2. Fire Claims 104 - 106
Fire Claims - Pdf
3. Fire Report
4. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Consideration of Approval - Authorization to Enter into a Consent Decree 107 - 157
Regarding WJWW
Authorization to Enter into a Consent Decree Regarding WJWW- Pdf
2. Consideration of Approval - Comprehensive Plan 158 - 165
Comprehensive Plan - Pdf
3. Consideration of Approval - Housing Authority - Lease Amendment and 166 - 182
Resolution
Housing Authority - Lease Amendment and Resolution - Pdf
4. Consideration of Approval - Affordable Housing Agreement - Housing Action 183 - 185
Council
Affordable Housing Agreement - Housing Action Council - Pdf
5. Consideration to Set a Public Hearing - Supersession of Portions of Section 186 - 189
274-a (8) of the New York Town Law in the Town of Mamaroneck
Supersession of Portions of Section 274-a (8) of the New York Town Law in
the Town of Mamaroneck - Pdf
6. Consideration to Set a Public Hearing - Refinement of the Procedure for 190 - 207
Processing Site Plan Applications
Refinement of the Procedure for Processing Site Plan Applications - Pdf
7. Consideration of Authorization - Take Home Vehicle for Town Engineer 208
Take Home Vehicle for Town Engineer - Pdf
REPORTS OF MINUTES
1. Reports of Minutes April 10, 2024, April 25, 2024, and December 20, 2023 209 - 231
Reports of Minutes April 10, 2024, April 25, 2024, and December 20, 2023
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
TOWN ATTORNEY'S REPORT
ADJOURNMENT
Page 2 of 231
REGULARLY SCHEDULED MEETING - June 5, 2024
Any physically handicapped person needing special assistance in order to
attend the meeting should contact the Town Administrator's office at 381-7810.
Page 3 of 231
i{ €, y y ,,
IHRA WORKING0 Y' COMBAT
V.
DEFINITION
OF ANTISEMITISM . y. h 0
Antisemitism is the world's most enduring form of hatred, 421'
insidiously reinventing itself over the millennia. Recent years have illi i■■t
seen a dangerous resurgence of this hatred worldwide,threatening ip
`Mr'
Jewish communities and undermining social cohesion. Local
leaders,and mayors in particular, have a crucial role to play in 41
confronting antisemitism where it is most directly felt—on the
streets of the communities where Jews live their day-to-day lives. COUNTRIES
A key tool in curbing this hatred is the International Holocaust
Remembrance Alliance(IHRA)Working Definition of
Antisemitism.the world's gold standard definition and a key pillar
in government strategies to combat all forms of antisemitism. o
USAGE
The IHRA definition is being used around the world by municipal
officials to develop training and educational programs for city staff ��
and law enforcement personnel,and devise zero-tolerance policies
against hatred and discrimination. Its impact has been bolstered by U.S. STATES
broad-based backing across the religious, political,ideological,and
cultural spectrums.
i1 ,
litm .. . v IIIII ..
•
r - U.S. CITIES
ift,, ; .t 1
_Y. 1f,,, t •4 AND COUNTIES
` y`
ADOPTIONS The Combat Antisemitism
According to research conducted by the Combat Antisemitism Movement(CAM)is a non partisan,
Movement(CAM)and the Center for the Study of Contemporary global Jewish human rights
740
European Jewry at Tel Aviv University, a total of 1178 entities organizations
over million
organizations and 2 people,
worldwide—including international institutions and across all religions and faiths,to
organizations. national and local governments. NGOs. combat the world's oldest hatred.
universities,athletic clubs,and corporations—have adopted or
endorsed the definition through December 2022.
Overall,41 countries—including the United States,Canada, If you would like O ■
Germany,United Kingdom,and France—have adopted the assistance from CAM -.•� �•x
definition.In the U.S.,31 stategovernments have done so,either a. K
on this important issue, i• _ •
via legislation or executive actions,along with 69 city and county please reach out to 0 , °
governments,with Los Angeles,Washington D.C., Miami.Dallas Arthur Maserjian at:
and Wichita among others. arthur@combatantisemitism.org
Page 4 of 231
Sl
III
rf hA '
4111
`Anti-Semitism is a certain perception oflews, which may be
expressed as hatred toward Jews. Rhetorical and physical manifestations of
anti-Semitism are directed toward Jewish or non-Jewish individuals and/or their
property, toward Jewish community institutions and religious facilities."
WORKING DEFINITION ofANTI-SEMI`TISM
by the European Monitoring Center on Racism and Xenophobia
CONTEMPORARY EXAMPLES
OF ANTI-SEMITISM
• Calling for, aiding, or justifying the killing or harming of Jews (often in
the name of a radical ideology or an extremist view of religion).
• Making mendacious, dehumanizing, demonizing, or stereotypical
allegations about Jews as such or the power of Jews as a collective—
especially but not exclusively, the myth about a world Jewish conspiracy
or of Jews controlling the media, economy, government or
other societal institutions.
• Accusing Jews as a people of being responsible for real or imagined
wrongdoing committed by a single Jewish person or group, the state of
Israel, or even for acts committed by non-Jews.
• Accusing the Jews as a people, or Israel as a state, of inventing or
exaggerating the Holocaust.
• Accusing Jewish citizens of being more loyal to Israel, or to the alleged
priorities of Jews worldwide, than to the interest of their own nations.
UNITED STATES DEPARTMENT OF STATE &Aar•°
S 1-}!!:S}li
WHAT IS ANTI-SEMITISM RELATIVE TO ISRAEL?
EXAMPLES of the ways in which anti-Semitism manifests itself with regard to the
state of Israel, taking into account the overall context could include:
DEMONIZE ISRAEL:
• Using the symbols and images associated with classic anti-Semitism to
characterize Israel or Israelis
• Drawing comparisons of contemporary Israeli policy to that of the Nazis
• Blaming Israel for all inter-religious or political tensions
DOUBLE STANDARD FOR ISRAEL:
• Applying double standards by requiring of it a behavior not expected or
demanded of any other democratic nation
• Multilateral organizations focusing on Israel only for peace or human rights
investigations
DELEGITIlVIIZE ISRAEL:
• Denying the Jewish people their right to self-determination, and denying
Israel the right to exist
However, criticism of Israel similar to that leveled against any other country cannot be
regarded as anti-Semitic.
UNITED STATES DEPARTMENT OF STATE ;;.aria
5/15/24,3:43 PM Defining Antisemitism-United States Department of State
An official website of the United States Government Here's how you know
Home > ... > Defining Antisemitism
Defining Antisemilism
The Department of State has used a
working definition, along with examples, of antisemitism since 2010. On May 26, 2016, the
31 member states of the International Holocaust Remembrance Alliance (IHRA), of which the
United States is a member, adopted a non-legally binding"working definition" of antisemitism at
its plenary in Bucharest. This definition is consistent with and builds upon the information
contained in the 2010 State Department definition. As a member of IHRA, the United States now
uses this working definition and has encouraged other governments and international
organizations to use it as well.
Bucharest, 26 May 2016
In the spirit of the Stockholm Declaration that states: 'With humanity still scarred by ...
antisemitism and xenophobia the international community shares a solemn responsibility to
fight those evils"the committee on Antisemitism and Holocaust Denial called the IHRA Plenary in
Budapest 2015 to adopt the following working definition of antisemitism.
On 26 May 2016, the Plenary in Bucharest decided to:
Adopt the following non-legally binding working definition of antisemitism :
"Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews.
Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish
individuals and/or their property, toward Jewish community institutions and religious facilities."
Page 7 of 231
https://www.state.gov/defining-antisemitisml 1/4
5/15/24,3:43 PM Defining Antisemitism-United Stales Department of State
To guide IHRA in its work, the following examples may serve as illustrations:
Manifestations might include the targeting of the state of Israel, conceived as a Jewish collectivity.
However, criticism of Israel similar to that leveled against any other country cannot be regarded
as antisemitic. Antisemitism frequently charges Jews with conspiring to harm humanity, and it is
often used to blame Jews for"why things go wrong." It is expressed in speech, writing, visual
forms and action, and employs sinister stereotypes and negative character traits.
Contemporary examples of antisemitism in public life, the media, schools, the workplace, and in
the religious sphere could, taking into account the overall context, include, but are not limited to:
Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology
or an extremist view of religion.
Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as
such or the power of Jews as collective —such as, especially but not exclusively, the myth
about a world Jewish conspiracy or of Jews controlling the media, economy, government or
other societal institutions.
Accusing Jews as a people of being responsible for real or imagined wrongdoing committed
by a single Jewish person or group, or even for acts committed by non Jews.
Denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of
the Jewish people at the hands of National Socialist Germany and its supporters and
accomplices during World War II (the Holocaust
Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the
Holocaust.
Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews
worldwide, than to the interests of their own nations.
Denying the Jewish people their right to self-determination, e.g., by claiming that the
existence of a State of Israel is a racist endeavor.
Applying double standards by requiring of it a behavior not expected or demanded of any
other democratic nation.
Using the symbols and images associated with classic antisemitism (e.g., claims of Jews
killing Jesus or blood libel) to characterize Israel or Israelis.
Page 8 of 2��41
https://www.state.gov/defining-antlsemitism/
5/15/24,3:43 PM Defining Antisemitism-United States Department of State
Drawing comparisons of contemporary Israeli policy to that of the Nazis.
Holding Jews collectively responsible for actions of the state of Israel.
Antisemitic acts are criminal when they are so defined by law(for example, denial of the
Holocaust or distribution of antisemitic materials in some countries).
Criminal acts are antisemitic when the targets of attacks, whether they are people or property
- such as buildings, schools, places of worship and cemeteries- are selected because they are, or
are perceived to be,Jewish or linked to Jews.
Antisemitic discrimination is the denial to Jews of opportunities or services available to others
and is illegal in many countries.
TAGS
Antisemitism Human Rights Human Rights and Democracy Religious Freedom
Related Articles
READ MORE
Page 9 of 231
https://www.state.gov/defining-antisemitism/ 3/4
m Town of Mamaroneck
X Town Center
FOUNDED 1661 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: Housing Authority - Lease Amendment and Resolution
Date: May 22, 2024
Attached is an amendment to the ground lease with the Housing Authority. The last amendment was
done in 2015. This amendment specifies the limitations on income for subtenants, increases the
number of apartments to be sublet to those holding Section 8 vouchers and eliminates the lottery
system for subletting individual apartments. The Housing Authority approved this proposed
amendment at their May 6, 2024 meeting and is now seeking approval from the Town Board.
Action Requested:
Resolved that the Town Board hereby approves the lease amendment with the Town of
Mamaroneck Housing Authority and hereby authorizes the Town Administrator to
execute the agreement and any related documents necessary to carry out its
implementation.
Attachment/s:
Lease Amendment 5.13.2024
TMHA Lease Amendment Resolution - 2024 5.13.2024
Page 10 of 231
AMENDMENT TO THE GROUND LEASE BETWEEN THE TOWN OF MAMARONECK
AND THE TOWN OF MAMARONECK HOUSING AUTHORITY
This amendment is between the Town of Mamaroneck, a municipal corporation, having
an address at Town Center, 740 West Boston Post Road, Mamaroneck, New York 10543
(Landlord) and the Town of Mamaroneck Housing Authority, a municipal housing authority
established by section 569 of the New York Public Housing Law,having an address at 740 West
Boston Post Road, Mamaroneck, New York (Tenant).
Recitals
Whereas, the parties entered into a Ground Lease on July 19, 1993 whereby the Landlord
leased to the Tenant the land owned by the Landlord that is described in Schedule "A" to the
Ground Lease whereon the Tenant constructed fifty-four (54) residential rental apartment units,
now known as the Hommocks Park Apartments (Apartments), to be sublet to persons with
limited income, and
Whereas, the Tenant has been subletting fifty-three (53) such apartments (one being
reserved for an on-site superintendent) ever since construction was completed, and
Whereas,the parties amended the Ground Lease on June 9,2015, and
Whereas, the parties wish to amend the lease further to specify the limitations on income
for subtenants of the Apartments, to increase the number of apartments to be sublet to persons
holding vouchers under what is commonly referred to as the Title VII Section 8 program(see USC
42 USC §1437 [f]) and to eliminate an archaic lottery system for subletting the individual
apartments.
Now, therefore, intending to be bound, the parties agree as follows:
Page 11 of 231
First: Section 5 A of the Ground Lease as amended on June 9, 2015 is deleted and the following
substituted in its place:
A. The Tenant's subtenants shall be selected in accordance with the selection criteria
contained in Schedule "A" hereto. Notwithstanding such criteria, the Tenant shall
utilize its best efforts to sublet no less than sixteen (16) of the apartments to persons
holding vouchers under what is commonly referred to as the Title VII Section 8
program (see USC 42 USC§1437 [f]).
Second: Schedule A of the Ground Lease as amended on June 9,2015 is amended by adding the
following definitions below the title of Schedule A and above section "I.: General Eligibility
Requirements upon initial application"
Definitions.
For the purpose of this Schedule, the following terms shall have the following
meanings:
"Household"means the person who is, or is applying to become, a subtenant and
each person who does, or will, reside in the apartment sublet or to be sublet to
such person.
"Income" means the annual (1) compensation for services performed, interest,
dividends, social security benefits, unemployment insurance benefits, worker's
compensation benefits, veteran's benefits, public assistance, alimony or
maintenance, child support, rent or lease payments, royalties, licenses and
distributions from (a) individual retirement accounts, (b) 401 K or other types of
retirement plans or pension plans, (c) annuities, (d) trusts, (e) estates, (f)
2
Page 12 of 231
corporations, (g) limited liability companies, (h) sole proprietorships, or (i)
partnerships whether or not the receipt of such payment is taxed as income by the
United States and (2) amounts paid by persons who are not members of the
household to or for the benefit of any member of the household.
"Median gross income" means the median gross income contained in the most
recent publication by the Unites States government of median gross incomes for
family units in Westchester County, New York at the time that the application to
become a subtenant or to renew a sublease is made. If no such publication exists,
the Tenant shall use the most reliable source for such information it can find.
Third: Section I A.of Schedule A of the Ground Lease as amended on June 9,2015 is deleted and
the following substituted in its place:
I. General Eligibility Requirements upon Initial Application
A. Income Requirements.
A person applying to be a subtenant shall be offered a lease if the person's
household income is certified by the Tenant or its designee as being no more than
eighty (80%) percent of the median gross income for a family unit in Westchester
County, New York which has the same number of people as there are members of
the household. To make such certification,the applicant shall submit to the Tenant
or its designee (1) the items reasonably needed to determine the applicant's
household income and (2) a certification signed by the applicant, under oath, that
the information submitted is accurate and contains complete documentation of the
household's entire income.
3
Page 13 of 231
The goal of the Ground Lease is to provide affordable housing to persons in need
of such housing on an ongoing basis. In order to keep rents at affordable levels,
the Tenant must be confident that an applicant will be able to pay the rent on a
timely basis. Therefore, in addition to income, the Tenant shall consider the
applicant's creditworthiness. To do so, the applicant shall deliver to the Tenant
or its designee a signed release or similar instrument that will allow the Tenant or
its designee to confirm the accuracy of the information submitted and to obtain a
credit report of the applicant. Notwithstanding, Subtenant's income eligibility
alone does not automatically entitle subtenant to a lease as there may be other
factor(s)that would otherwise disqualify a subtenant from being offered same and
Tenant may, at its discretion, decline to offer a lease based on these other factor(s)
so long as such decision does not violate applicable relevant State and or Federal
law(s), regulation(s) and/or policy, etc.
Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended
by deleting from subsection B thereof the words:
"and will use a lottery system to determine the order in which it will review
applications within each Tiers (sic)."
No change is made to the remaining portion of subsection B which shall remain in full force and
effect.
Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9, 2015 is deleted and
the following substituted in its place:
IV. Renewal Policy
4
Page 14 of 231
A. Subtenant whose lease expires in 2024
An existing subtenant whose lease term expires during 2024 and who is not in
violation of the existing lease shall be allowed to renew the lease for a one-year
period at a rent equal to one hundred and four (104%) percent of the amount of
the subtenant's current monthly rent regardless of the household income.
B. Subtenant whose lease expires in 2025 and whose household income is no
greater than 80%of Median Gross Income
A subtenant whose lease term expires during 2025 and who is not in violation of
the then existing lease shall be allowed to renew the lease for a one-year period at
a rent equal to the adjusted rent amount as set by the Town of Mamaroneck
Housing Authority Board for 2025 if the household income is recertified by the
Tenant or its designee as being no more than eighty (80%) percent of the median
gross income for a family unit in Westchester County, New York which has the
same number of people as there are members of the household.
C. Subtenant whose lease expires in 2025 and whose household income is
more than 80% of Median Gross Income but not greater than 90% of
Median Gross Income
A subtenant whose lease term expires during 2025 who is not in violation of the
existing lease and whose household income is recertified by the Tenant or its
designee as being more than 80%of median gross income but not greater than 90%
of median gross income for a family unit in Westchester County,New York which
has the same number of people as there are members of the household shall be
5
Page 15 of 231
allowed to renew the lease for a one-year period at a rent equal to thirty (30%)
percent of the household income.
D. Subtenant whose lease expires in 2025 and whose household income is
greater than 90% of Median Gross Income
A subtenant whose lease term expires in 2025 shall NOT be allowed to renew the
lease IF the household income is recertified by the Tenant or its designee as being
greater than ninety(90%) percent of the median gross income for a family unit in
Westchester County,New York which has the same number of people as there are
members of the household at such rent as the Tenant determines;provided the law
allows the Tenant to charge rent of that amount.
E. Subtenant whose lease expires in 2026 or in a later year
A subtenant whose lease term expires during 2026 or during any later year and
who is not in violation of the then existing lease shall be allowed to renew the lease
for a one-year period at a rent equal to the amount set by the Town of
Mamaroneck Housing Authority Board for the year of the renewal only if the
household income is recertified by the Tenant or its designee as being no more
than eighty (80%) percent of the median gross income for a family unit in
Westchester County,New York which has the same number of people as there are
members of the household. For 2026 and beyond, the TMHA will not issue a lease
renewal for any tenant whose household income is more than 80% of Median
Gross Income but not greater than 90% of Median Gross Income
F. Recertification
6
Page 16 of 231
(a)The TMHA will each year issue to eligible subtenants a proposed renewal lease.
The timing for the issuance of renewal leases will be in accordance with New York
State law governing notifications to subtenants based upon proposed rent
increases.(b) The Tenant or a person designated by the Tenant to recertify the
subtenant's income shall submit to the subtenant (1) a list of the items needed to
determine the subtenant's household income, (2) a proposed certification to be
signed by the subtenant, under oath, that the information to be submitted is
accurate and contains complete documentation of the household's entire income
and (3) a proposed release to allow the Tenant or its designee to confirm the
accuracy of the information to be submitted and to obtain a credit report of the
Tenant. The subtenant shall deliver the items requested, the signed certification
and the signed release to the Tenant or the Tenant's designee within 30 days after
receiving the aforementioned list. A subtenant's failure to submit the required
items within such 30-day period will allow (but not require) the Tenant to refuse
to renew such lease.
Sixth: The signatories to this amendment represent that he or she has the right to enter into this
amendment on behalf of the party for which he or she is signing this amendment, (ii)the consent
of a third party is not required to perfect such authority, (iii) the party on whose behalf he or she
is signing this amendment has undertaken all actions required to enter into this amendment, and
(iv)his or her signature represents the binding obligation of such entity.
Seventh: (a)This amendment constitutes the entire understanding between the parties regarding
the subject matter contained herein. The parties acknowledge that there has been and are no
7
Page 17 of 231
representations, warranties, covenants or understandings other than those expressly set forth
herein and that all prior agreements between the parties regarding the subject matter of this
amendment — whether oral or in writing — are superseded by this amendment and do not
survive it as this document expresses the parties' entire understanding regarding the subject
matter contained herein.
(b) This amendment may only be changed by a writing executed by a duly authorized
representative of each party.
Eighth: This amendment may be executed in one or more counterparts, each of which shall be
considered an original.Facsimile signatures or signatures that are transmitted electronically shall
be considered original signatures.
Ninth: Whenever required or appropriate,words in the singular number shall be construed as if
they were in the plural number
Tenth: This amendment shall be governed by and construed in accordance with the laws of the
State of New York without regard to principles of conflicts of law. Any litigation arising out of
this amendment shall be brought in the Supreme Court of the State of New York in and for the
County of Westchester.
Eleventh: If any court of competent jurisdiction holds any provision of this amendment invalid
or unenforceable,the other provisions of this amendment will remain in full force and effect.Any
provision of this amendment held invalid or unenforceable only in part or degree will remain in
full force and effect to the extent not held invalid or unenforceable. The parties agree to execute
and deliver such other documents and to perform such other acts as may, from time to time, be
reasonably required to give full force and effect to the intent and purpose of this amendment.
8
Page 18 of 231
In witness whereof, the parties have caused this amendment to be executed by their duly
authorized representatives.
Town of Mamaroneck
By:
Meredith S. Robson, Town Administrator
Town of Mamaroneck Housing Authority
By:
Joseph Mileto,Chairman
May 13,2024
9
Page 19 of 231
EXTRACT OF THE MINUTES OF THE MEETING OF THE MAMARONECK HOUSING
AUTHORITY HELD MAY 6,2024 BEGINNING AT 7:30 PM,AT THE MAMARONECK TOWN
CENTER,740 WEST BOSTON POSRT ROAD,MAMARONECK,NY 10543.
CONSIDERATION OF LEASE AMENDMENT—TOWN OF MAMARONECK
RESOLUTION TO AMEND THE LEASE AGREEMENT BETWEEN THE TOWN OF MAMARONECK AND THE
MAMARONECK HOUSING AUTHORITY.
This amendment is between the Town of Mamaroneck,a municipal corporation, having an address at
Town Center,740 West Boston Post Road, Mamaroneck, New York 10543(Landlord)and the Town of
Mamaroneck Housing Authority, a municipal housing authority established by section 569 of the New
York Public Housing Law, having an address at 740 West Boston Post Road, Mamaroneck, New York
(Tenant).
Recitals
Whereas,the parties entered into a Ground Lease on July 19,1993 whereby the Landlord leased
to the Tenant the land owned by the Landlord that is described in Schedule "A"to the Ground Lease
whereon the Tenant constructed fifty-four(54) residential rental apartment units, now known as the
Hommocks Park Apartments(Apartments),to be sublet to persons with limited income, and
Whereas,the Tenant has been subletting fifty-three(53)such apartments(one being reserved
for an on-site superintendent)ever since construction was completed,and
Whereas,the parties amended the Ground Lease on June 9,2015,and
Whereas,the parties wish to amend the lease further to specify the limitations on income for
subtenants of the Apartments, to increase the number of apartments to be sublet to persons holding
vouchers under what is commonly referred to as the Title VII Section 8 program(see USC 42 USC§1437
If])and to eliminate an archaic lottery system for subletting the individual apartments.
Now,therefore,intending to be bound,the parties agree as follows:
First: Section 5 A of the Ground Lease as amended on June 9, 2015 is deleted and the following
substituted in its place:
A. The Tenant's subtenants shall be selected in accordance with the selection criteria
contained in Schedule"A" hereto. Notwithstanding such criteria,the Tenant shall utilize
its best efforts to sublet no less than sixteen (16)of the apartments to persons holding
vouchers under what is commonly referred to as the Title VII Section 8 program(see USC
42 USC§1437[f]).
1
Page 20 of 23'
Second: Schedule A of the Ground Lease as amended on June 9, 2015 is amended by adding the
following definitions below the title of Schedule A and above section"I.:General Eligibility Requirements
upon initial application"
Definitions.
For the purpose of this Schedule,the following terms shall have the following meanings:
"Household"means the person who is,or is applying to become,a subtenant and each
person who does,or will,reside in the apartment sublet or to be sublet to such person.
"Income" means the annual (1) compensation for services performed, interest,
dividends, social security benefits, unemployment insurance benefits, worker's
compensation benefits, veteran's benefits, public assistance, alimony or maintenance,
child support, rent or lease payments, royalties, licenses and distributions from (a)
individual retirement accounts,(b)401 K or other types of retirement plans or pension
plans,(c)annuities,(d)trusts,(e)estates,(f)corporations,(g)limited liability companies,
(h)sole proprietorships,or(i)partnerships whether or not the receipt of such payment
is taxed as income by the United States and(2) amounts paid by persons who are not
members of the household to or for the benefit of any member of the household.
"Median gross income" means the median gross Income contained in the most recent
publication by the Unites States government of median gross incomes for family units in
Westchester County, New York at the time that the application to become a subtenant
or to renew a sublease is made. If no such publication exists,the Tenant shall use the
most reliable source for such information it can find.
Third: Section I A.of Schedule A of the Ground Lease as amended on June 9, 2015 is deleted and the
following substituted in its place:
I. General Eligibility Requirements upon Initial Application
A. Income Requirements.
A person applying to be a subtenant shall be offered a lease if the person's household
income is certified by the Tenant or its designee as being no more than eighty (80%)
percent of the median gross income for a family unit in Westchester County, New York
which has the same number of people as there are members of the household. To
make such certification,the applicant shall submit to the Tenant or its designee(1)the
items reasonably needed to determine the applicant's household income and (2) a
2
Page 21 of 23'
certification signed by the applicant, under oath, that the information submitted is
accurate and contains complete documentation of the household's entire income.
The goal of the Ground Lease is to provide affordable housing to persons in need of such
housing on an ongoing basis. In order to keep rents at affordable levels, the Tenant
must be confident that an applicant will be able to pay the rent on a timely basis.
Therefore, in addition to income, the Tenant shall consider the applicant's
creditworthiness. To do so,the applicant shall deliver to the Tenant or its designee a
signed release or similar instrument that will allow the Tenant or its designee to confirm
iI the accuracy of the information submitted and to obtain a credit report of the applicant.
Notwithstanding, Subtenant's income eligibility alone does not automatically entitle
subtenant to a lease as there may be other factor(s)that would otherwise disqualify a
subtenant from being offered same and Tenant may,at its discretion,decline to offer a
lease based on these other factor(s)so long as such decision does not violate applicable
relevant State and or Federal law(s),regulation(s)and/or policy,etc.
Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended by
deleting from subsection B thereof the words:
"and will use a lottery system to determine the order in which it will review applications
within each Tiers(sic)."
No change is made to the remaining portion of subsection B which shall remain in full force and effect.
Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9,2015 is deleted and
the following substituted in its place:
IV.Renewal Policy
A. Subtenant whose lease expires in 2024
An existing subtenant whose lease term expires during 2024 and who is not in violation
of the existing lease shall be allowed to renew the lease for a one-year period at a rent
equal to one hundred and four(104%)percent of the amount of the subtenant's current
monthly rent regardless of the household income.
B. Subtenant whose lease expires in 2025 and whose household income is no
greater than 80%of Median Gross Income
A subtenant whose lease term expires during 2025 and who is not in violation of the
then existing lease shall be allowed to renew the lease for a one-year period at a rent
equal to the adjusted rent amount as set by the Town of Mamaroneck Housing
Authority Board for 2025 if the household income is recertified by the Tenant or Its
3
Page 22 of 23'
designee as being nn more than eighty(80%)percent of the median gross income for a
� family unit in Westchester County, New York which has the same number of people as
{
| there are members of the household.
� C. Subtenant whose lease expires in zuasand mhpm, household income ismore
than 8o%vf Median Gross Income but not greater than yo%o[Median Gross
' Income
!
|
/ x subtenant whose lease term expires during 2025 who is not in violation pf the existing
1 lease and whose household income is recertified by the Tenant or its designee as being
more than gn% of median gross income but not greater than yu% of median gross
� income for a family unit in Westchester County, New York which has the same number
of people as there are members uf the household shall bp allowed »orenew the lease
/ for a one-year period at a rent equal to thirty(30%)percent of the household Income.
| D. Subtenant whose lease expires m zoas and whose household income isgreater
| than y0%of Median Gross Income
. A subtenant whose lease term expires|nzoas shall NOT hp allowed tn renew the lease
| IF the household income is recertified bv the Tenant ur its designee as being greater
|
than ninety(yo%)percent of the median gross income for a family unit mWestchester
County, New York which has the same number of people as there are members u,the
household at such rent as the Tenant determines;provided the law allows the Tenant m
charge rent of that amount.
� E. Subtenant whose lease expires inzozav,|nu later vear
�
` xsubtenant whose lease term expires during uouao,during any later year and who is
not m violation of the then existing lease shall be allowed to renew the lease for a one-
year pe,ind at rent equal to the amount ,et hv the Town of Mamaroneck Housing
Authority Board for the year of the renewal only if the household income is recertified
�
| by the Tenant n,its designee as being nomore than eighty(80%)percent of the median
gross income for family unit in Westchester County, New York which has the same
/ number vf people as there are members of the household. For Z0%6 and beyond,the
/
' nw*AwiU not issue o |eup, renewal for any tenant whose household income is more
/
� mha"m%of Median Gross Income but not greater than 90%of Median Gross Income
/
F. Recertification
! (a)The TxxnA will each year issue m eligible subtenants a proposed renewal lease. The
� timing for the issuance of renewal leases will be in accordance with New York State law
4
i Page 23of231
governing notifications to subtenants based upon proposed rent increases.(b) The
Tenant or a person designated by the Tenant to recertify the subtenant's income shall
submit to the subtenant (1) a list of the items needed to determine the subtenant's
household income, (2) a proposed certification to be signed by the subtenant, under
oath, that the information to be submitted is accurate and contains complete
documentation of the household's entire income and (3) a proposed release to allow
the Tenant or its designee to confirm the accuracy of the information to be submitted
and to obtain a credit report of the Tenant. The subtenant shall deliver the items
requested,the signed certification and the signed release to the Tenant or the Tenant's
designee within 30 days after receiving the aforementioned list. A subtenant's failure to
submit the required items within such 30-day period will allow (but not require) the
Tenant to refuse to renew such lease.
Sixth: The signatories to this amendment represent that he or she has the right to enter into this
amendment on behalf of the party for which he or she is signing this amendment,(ii)the consent of a
third party is not required to perfect such authority,(iii)the party on whose behalf he or she is signing
this amendment has undertaken all actions required to enter into this amendment,and (iv) his or her
signature represents the binding obligation of such entity.
Seventh: (a)This amendment constitutes the entire understanding between the parties regarding the
subject matter contained herein. The parties acknowledge that there has been and are no
representations, warranties, covenants or understandings other than those expressly set forth herein
and that all prior agreements between the parties regarding the subject matter of this amendment—
whether oral or in writing—are superseded by this amendment and do not survive it as this document
expresses the parties'entire understanding regarding the subject matter contained herein.
(b)This amendment may only be changed by a writing executed by a duly authorized
representative of each party.
Eighth: This amendment may be executed In one or more counterparts, each of which shall be
considered an original. Facsimile signatures or signatures that are transmitted electronically shall be
considered original signatures.
Ninth: Whenever required or appropriate,words in the singular number shall be construed as if they
were in the plural number
5
Page 24 of 23'
Tenth: This amendment shall be governed by and construed in accordance with the laws of the State of
New York without regard to principles of conflicts of law. Any litigation arising out of this amendment
shall be brought in the Supreme Court of the State of New York in and for the County of Westchester.
Eleventh: If any court of competent jurisdiction holds any provision of this amendment invalid or
unenforceable,the other provisions of this amendment will remain in full force and effect.Any provision
of this amendment held invalid or unenforceable only In part or degree will remain in full force and
effect to the extent not held invalid or unenforceable. The parties agree to execute and deliver such
other documents and to perform such other acts as may,from time to time,be reasonably required to
give full force and effect to the intent and purpose of this amendment.
RESOLVED,that the Board of the Town of Mamaroneck Housing Authority hereby adopt the lease
amendments and be it,
Further Resolved,that the Chairman of the Housing Authority is hereby authorized to execute the lease
amendment with the Town.
The above resolution was approved on motion from Mr.Lawrence Thaul and seconded by Ms.Christie
Philbrick-Wheaton.
COUNTY OF WESTCHESTER }SS.:
MAMARONECK HOUSING AUTHORITY
I do hereby certify that I have compared the annexed Resolution with the original on file in
my office,and that the same is a true and correct transcript therefrom and of the whole of the
said original Resolution,which was duly passed by the Mamaroneck Housing Authority,a
quorum being present May 6,2024.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Corporate Seal of said the
Mamaroneck Housing Authority,this 13th day of May,2024.
Marge ,Secretary o the Mamaroneck Housing Authority
I -
{Vk[
6
Page 25 of 231
•
•
•
_
•
•
•
•
•
•
Page 26 of 231
m Town of Mamaroneck
X Town Center
FOUNDED 1661 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: Affordable Housing Agreement- Housing Action Council
Date: May 22, 2024
Attached is a proposal from Rose Noonan, Executive Director of the Housing Action Council (HAC),
to the Town of Mamaroneck to qualify and certify individuals for affordable housing at the Cambium
complex. If approved, the HAC would be responsible for recertifying subtenants on an annual basis
and qualifying prospective occupants as vacancies arise. The HAC would replace SW Management
as the service provider for managing the qualification and certification process for affordable housing
units for the Cambium.
Action Requested:
Resolved that the Town Board hereby approves the agreement with Housing Action
Council to qualify and certify individuals for affordable housing units for the Cambium
Condominiums based on the proposal dated March 16, 2024, and hereby authorizes the
Town Administrator to execute the agreement and any related documents necessary to
carry out its implementation.
Attachment/s:
Housing Action Council_Affordable Housing
Page 27 of 231
HOUSING
H4 ACTION COUNCIL 55 South Broadway, 2nd FI • Tarrytown - NY 10591
Phone (914) 332-4144 • Fax (914) 332-4147
March 16, 2024
TO: Meredith S. Robson
Town Administrator
Town of Mamaroneck
FROM: Rose Noonan
Executive Director
RE: Affordable Housing
Qualifying/Certifying of Households for Affordable Housing
Thank you for requesting a proposal from Housing Action Council("HAC")to provide services to the Town
of Mamaroneck to qualify and certify individuals for affordable housing units. It is my understanding that
the Cambium includes 10 affordable units that are currently occupied and that current occupants must
be recertified on an annual basis and that when vacancies occur,prospective occupants must be qualified.
I assume there is a waitlist.
Affordable rental housing units developed pursuant to the Fair& Affordable Housing provisions of your
Zoning Ordinance(§240-28) must be occupied by qualified households and their household incomes must
be recertified annually. Affordable for-sale units must be initially occupied by qualified households. No
annual recertification is required. The Town has designated the County of Westchester("County") as the
agency responsible for administering the Fair & Affordable Housing provisions. This includes the
affirmative marketing requirements, conducting the lottery and overall monitoring. It does not include
qualification and recertification. It is my understanding that at this time no affordable housing units have
been developed under this Code.
The Housing Action Council has extensive experience in qualifying prospective applicants and recertifying
tenants in affordable units including The Danforth in Dobbs Ferry, Saw Mill Lofts in Hastings-on-Hudson,
and the City of New Rochelle Affordable Housing Program. Below is a description of services:
HAC qualifies applicants in the order of their lottery number and household size. Applications are
reviewed to determine their completeness and income qualification,and in accordance with any selection
criteria. HAC follows HUD's Part V Determination of Income requirements. The following documents are
reviewed:
• Six(6) most recent paystubs
• Federal Tax Returns with all schedules
• W-2s and 1099s
• If self-employed Profit& Loss Statement
• Most recent three months of all bank, credit union and investment statements
• Most recent statement of social security benefits and/or other benefits statements
• Most recent statement of annuity payments
• Most recent statement of retirement fund accounts (e.g.,403(b) and 401(k))
Page 28 of 231
• Birth certificate, driver's license, passport, military ID, state issued ID cards or other
appropriate documentation
Applications are rejected from consideration if the applicant does not meet income requirements
or if the household size exceeds or is over the occupancy standard for the units available. Rejected
applicants are notified in writing of the grounds for the rejection and are given 14 days from the date of
the letter to request a meeting with HAC to discuss and/or review the rejection. In the event that the
applicant requests such a meeting, HAC will schedule a meeting with the applicant within five(5) days of
such request. The applicant may bring additional data to support their appeal, or present a verbal
explanation or why they should not be denied occupancy. Factors taken into consideration include but
are not limited to: evidence or rehabilitation or repair of the disqualifying act; length of time since the
occurrence of the disqualifying act;evidence of additional income,savings or the availability of gift funds;
or the likelihood of the reoccurrence of the disqualifying act. A written decision of the appeal will be
provided to the applicant within five(5)days of the meeting.
Qualified applicants will be offered a unit subject to the owner/manager's screening criteria in
the case of tenancy or securing a responsible mortgage in the case of for-sale units. Housing Action
Council is available to assist a purchaser through the mortgage approval process.
HAC will provide periodic report to the Town on status of lease-ups and sales of any affordable
units.
For recertification, HAC will conduct the same analysis of household income determination and
household composition. In addition, Housing Action Council will:
• Set up a database to determine timing of annual recertifications
• Provide timely notices to tenants re: recertification
• Collect and analyze income documents;follow-up with tenants as needed
• Notify tenants of determination
• Provide semi-annual and annual report to Town
Our current fee schedule is as follows:
Screening& Qualifying Applicants for For-Sale Affordable Units -- $2500/closed unit
Screening and Qualifying Applicants for Affordable Rental Units --$1000/leased unit
Recertification of Existing Tenants in Affordable Rental Units-- $400/unit
We generally increase our fees 2%to 3%annually.
Please let me know if you would like to discuss the proposal.. Thank you for the opportunity.
Page 29 of 231
m Town of Mamaroneck
X Town Center
FOUNDED 1661 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: Supersession of Portions of Section 274-a (8) of the New York Town Law in
the Town of Mamaroneck
Date: May 22, 2024
Attached is a memo from Town Attorney, Bill Maker, regarding supersession of portions of Section
274-a (8) of the New York Town Law in the Town of Mamaroneck. To adopt the law, the Board
would be required to exercise its supersession power. Should the Board find this proposed local law
acceptable in its current state, I offer the following resolution:
Action Requested:
Resolved that the Town Board does hereby set the date for a Public Hearing for the
"Supersession of Portions of Section 274-a (8) of the New York Town Law in the Town of
Mamaroneck" Law for June 5,2024.
Attachment/s:
2024-5-17-mx-TB-tr LL superseding 62 days
2024-5-17-LL superseding 62 days
Page 30 of 231
o l'10 Town of Mamaroneck
iCounty of Westchester
FOUNDED 1fifi1 740 West Boston Post Road, Mamaroneck, NY 10543-3353
COUNSEL TEL: 914 /381-7815
FAX: 914 / 381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Meredith S. Robson,Town Administrator
Allison May, Town Clerk
From: William Maker,Jr., Attorney for the Town
Subject: Extending period for consideration of site plan applications from 62 to 90 days
Date: May 17, 2024
In order for the Town to pass a local law extending the period for considering site plan
applications from 62 days to 90 days,it must exercise its supersession power under the New York
Municipal Home Rule Law.
I transmit a proposed local law that does just that. The procedure for supersession calls for
adding brackets to show deleted language and italics to show substitute language. The only change
is that"sixty-two" is bracketed twice and "ninety"is italicized twice. The proposed local law makes
no other change to the state law.
If the Town Board decides that supersession is appropriate, it must set a public hearing to
consider it. Since the proposed supersession law, if adopted, will act in tandem with the proposed
local law revising site plan procedures, it makes sense that both public hearings be set for the same
Town Board meeting.
Page 31 of 231
Local Law No. -2024
This local law shall be known as the"Supersession of Portions of Section 274-a(8) of the
New York Town Law in the Town of Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 —Purpose.
The Town Board concludes that increasing the period within which the Planning Board
must act upon a site plan application from sixty-two days to ninety days will avoid the
failure of the Planning Board to act upon a site plan application due to summer schedules
or the lack of a quorum. Expending the time line by less than thirty days will not lead to
an inordinate delay in processing site plan applications.
Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck
and Supersession of New York Town Law section 274-a (8)
Section 177-12 of the Code of the Town of Mamaroneck hereby is amended to add the
following new paragraph (D)thereto:
D. Portions of section 274-a (8) of the New York Town Law hereby are superseded.
Words enclosed in brackets are eliminated therefrom. Italicized words are new matter
added thereto. Section 274-a (8) of the New York Town Law, as superseded below, shall
apply in the Town of Mamaroneck.
"§ 274-a. Site plan review.
8. Public hearing and decision on site plans. In the event a public hearing is required by
ordinance or local law adopted by the town board, the authorized board shall conduct a
public hearing within [sixty-two] ninety days from the day an application is received on
any matter referred to it under this section. The authorized board shall mail notice of
said hearing to the applicant at least ten days before said hearing and shall give public
notice of said hearing in a newspaper of general circulation in the town at least five days
prior to the date thereof and shall make a decision on the application within [sixty-two]
ninety days after such hearing, or after the day the application is received if no hearing
has been held. The time within which the authorized board must render its decision may
be extended by mutual consent of the applicant and such board. The decision of the
authorized board shall be filed in the office of the town clerk within five business days
after such decision is rendered, and a copy thereof mailed to the applicant. Nothing
herein shall preclude the holding of a public hearing on any matter on which a public
hearing is not so required."
Page 32 of 231
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
2024-5-17-LL
2
Page 33 of 231
m Town of Mamaroneck
X Town Center
FOUNDED 1661 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: Refinement of the Procedure for Processing Site Plan Applications
Date: May 22, 2024
Attached is a memo from Town Attorney, Bill Maker, regarding a local law that would update the
procedures for acceptance of site plan applications. Should the Board find this proposed local law
acceptable in its current state, I offer the following resolution:
Action Requested:
Resolved that the Town Board does hereby set the date for a Public Hearing for the
"Update of the Procedures for Site Plan Review of Non-Residential Development" Law
for June 5,2024.
Attachment/s:
2024-5-17-mx-TB-tr LL per 5 08 meeting
Page 34 of 231
0
. 9
o s , Town of Mamaroneck
x
_ •c-• r County of Westchester
~FOUNDED 1661 7: 740 West Boston Post Road, Mamaroneck,NY 10543-3353
COUNSEL TEL: 914/ 381-7815
FAX: 914 0 381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
ccs: Meredith S. Robson,Town Administrator
Allison May,Town Clerk
Ralph Engel, Chair of the Planning Board
From: William Maker,Jr.,Attorney for the Town
Subject: Revision of the Site Plan law
Date: May 17, 2024
I attach both a redlined and a final version of the proposed law. The difference is the
replacement of 62-day deadlines with 90-day deadlines.
If the Town Board considers this proposed law worthy of public discussion, it may set a
public hearing and after the hearing is closed, decide whether to enact it.
Page 35 of 231
Local Law No. —2024
This local law shall be known as the "Update of the Procedures for Site Plan Review of Non-
Residential Development" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 —Puryose:
Based upon the Planning Board's experience in handling applications for site plan review,
certain aspects of the process are updated by this local law to make the process run more smoothly
both for applicants and the Planning Board.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 177-9 Pre-submission conference.
A. Prior to the submission of a site plan application, the applicant and/or the applicant's
authorized representative shall meet in person or virtually with a group consisting of some
or all of the following persons: the Building Inspector, the Director of Building Code
Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer,
the Environmental Planner or Coordinator, the Attorney for the Planning Board, the
Attorney for the Town and any other Town employees or outside consultants invited to the
conference by the Town. The purpose of such conference shall be to discuss proposed uses
or development, identify potential issues and review the procedural requirements for a site
plan application so that the applicant will have a better understanding of the process for
site plan approval.
B. An application for site plan approval involving a parcel that requires variances of any kind
for its proposed use must include a copy of the resolutions adopted by the Board of
Appeals granting such variances. If a requisite variance has not been obtained at the time
such application is filed, the applicant may include with the application a list of all
variances that the proposed site plan will require. The Planning Board may consider the
application but will not grant site plan approval until the applicant presents a copy of the
resolutions adopted by the Board of Appeals granting such variances. The grant of a
variance shall not require the Planning Board to grant site plan approval.
Page 36 of 231
C. If a use for which a special use permit already has been issued will continue, and if such
special use permit is still in effect, the application for site plan approval shall contain a
copy of the most recent special use permit.
D. If the application for site plan approval will require a new or amended special use permit,
the application for site plan approval shall be accompanied by an application for a special
use permit.
Section 3—Amendment of a current section of the Mamaroneck Code:
Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 177-10 Contents of application;filing.
A. Within six months of the later of the pre-submission conference or the grant of all required
variances, the applicant shall file with the Building Department an application for site plan
approval, which shall include signed and sealed full-size (36" x 24"or at a different scale if
necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan
prepared by a New York State licensed architect or a New York State licensed professional
engineer under his/her professional seal and a copy of a certified survey prepared by a
New York State licensed surveyor under his/her professional seal on which is
superimposed the site, as it exists at the time of the application. Unless the Building
Department requests a different number, there shall be at least three (3) full-size copies,
nine (9) reduced-size copies of the aforementioned items and one copy in a digital format
acceptable to the Engineer. The size, type and quantity of all additional submissions shall
be the same as the original submission.
The detailed development plan shall contain the information specified below:
(1) A map showing the applicant's entire property and adjacent properties,
including all improvements thereon, and streets, within a radius of five
hundred (500) feet from the perimeter of the site, at a scale of not more than
fifty (50) feet to the inch and all easements,licenses, leases, covenants and other
restrictions, if any, other than zoning,that affect the proposed use of the land.
(2) The present and the proposed use, location, height and design of all existing
and proposed buildings and structures whether or not designated for
demolition or removal,including front, rear and side elevations.
(3) Any proposed division of buildings and structures.
2
Page 37 of 231
(4) Any proposed division of any building into units of separate occupancy.
(5) The proposed spatial arrangement of land uses.
(6) Existing topography and proposed grade elevations at intervals of two (2)
feet or less, unless the Engineer determines that such information is
unnecessary for site plan review.
(7) The location of all existing watercourses, waterbodies, intermittent streams
wetland areas, designated floodplains, rock outcroppings, wooded areas
and other significant existing features.
(8) The configuration of all existing and proposed public and private roads,
drives and walkways.
(9) Proposed final grades, including detailed information relative to methods to
be used to retain, stabilize and/or refurbish regraded areas.
(10) The location of all proposed parking and truck-loading/unloading areas,
with access and egress drives thereto.
(11) The directional flow of traffic and the location of all proposed traffic safety
devices, including but not limited to signage, pavement markings, signals
and equipment.
(12) The location of any proposed outdoor storage.
(13) The location and description of all existing and proposed site
improvements, including, but not limited to, drainage pipes, drains,
culverts, ditches, bridges and/or other drainage works, retaining walls,
medians, dividers and fences. Drainage information shall be provided by a
New York State licensed professional engineer, furnished under his/her seal.
(14) The location of all proposed and existing easements.
(15) The location of any special and/or zoning district lines.
(16) A description of the method of water supply and sewage and garbage
disposal and recycling facilities and the proposed location of such facilities
and their proposed connection to existing public facilities.
(17) The location,height and size of all proposed signs.
3
Page 38 of 231
(18) A landscaping plan showing the location, height, description, quality and
design of all existing and proposed landscaping and buffer areas, including,
but not limited to, the plantings proposed to be removed, moved or added
and an explanation of how the plantings that remain and the plantings
proposed to be added will be protected and maintained.
(19) The location, height and design of all proposed lighting, power and
communication facilities.
(20) The layout of all above and below-ground utilities serving the site that are
not mentioned herein.
(21) Letters or permits in the applicant's possession at the time the application is
filed from all other agencies having jurisdiction with their comments, if any,
on the site development plan
(22) The location of fire and other emergency zones, including,but not limited to
the location of fire hydrants, access drives, gates and appurtenances.
(23) The location, height, design and direction of all exterior and rooftop
structures and facilities, including, but not limited, the placement of noise
baffles and appropriate screening and a statement that all are in accordance
with the provisions of Chapter 240 of the Code of the Town of Mamaroneck
and such other provisions of law as may be applicable.
(24) The proposed location and design of all accessible parking and accessible
routes required pursuant to the New York State Uniform Fire Prevention
and Building Code or any Code that replaces it.
(25) Any other pertinent information as the Building Inspector, Director of
Building Code Enforcement and Land Use Administration, the Town
Engineer, the Deputy Town Engineer or the Planning Board may deem
appropriate to determine and provide for the proper enforcement of this
chapter.
B. The applicant shall submit proof that he/she/it has the right to use the site. Such
proof can be in the form of a deed, a lease, an easement, a license or some other
form of permission acceptable to the counsel for the Planning Board. A copy the
deed showing the site's present owner shall be submitted. If the applicant is not the
sole owner of the property, the application shall include a notarized letter from the
other owners consenting to the application for site plan approval unless such
approval is provided on the submitted application form.
4
Page 39 of 231
C. If the site plan indicates a development in stages, a supplementary plan shall be
submitted contemporaneously with the proposed site plan, showing the total
contemplated development and the proposed phasing.
D. Subsequent applications to alter or amend an approved site plan, which are not
exempt from site plan review pursuant to § 177-7C of the Code of the Town of
Mamaroneck, need only contain documents and information which directly relate
to the proposed alteration or amendment. However, the alteration will be
considered in the context of the entire previously approved site plan. The size, type
and quantity of all additional submissions shall be the same as required by § 177-
10A of the Code of the Town of Mamaroneck.
E. Nothing hereinabove shall preclude the Planning Board from requesting that
additional documents be filed (i) in order for the application to be deemed
complete or(ii)in connection with the Planning Board's review of the application.
Section 4—Amendment of a current section of the Mamaroneck Code:
Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-12 Public hearing and action by Planning Board.
A. Public hearing
(1) Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public
hearing on a site plan application shall be opened scheduled and conducted by the
Planning Board, within 6-2 90 days after the Engineer certifies that a properly
completed application has been received within the meaning of Town Law § 274-a
(8). Notwithstanding such certification, the Planning Board may determine that an
application is incomplete and if it does, it shall identify the required items that are
missing therefrom. Such application shall not be considered received within the
meaning of Town Law § 274-a (8) until the Engineer certifies that the applicant has
supplied the missing items. A public hearing on a site plan application previously
determined not to have been received within the meaning of Town Law § 274-a (8)
shall be openedccheduled and conducted by the Planning Board within 6290 days
after the Engineer's certification that the applicant has supplied the missing items.
(2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be
opened only
(i) if the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration has certified that the proposed site plan meets all
5
Page 40 of 231
requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all
requirements of any variances granted by the Board of Appeals, and
(ii) if the Secretary to the Planning Board has certified that the applicant has
complied with the notification procedures of Chapter 144 of the Code of the Town
of Mamaroneck for site plan applications where compliance therewith is mandated.
(3) In its discretion, the Planning Board may waive the requirement for a public
hearing if it makes written findings setting forth why such waiver is not
inconsistent with the purpose of this chapter.
B. Action by Planning Board.
(1) Within 6290 days after the date on which the public hearing is closed, or within
6290 days after the meeting at which the Planning Board determines to waive
the requirement for a public hearing, the Planning Board shall either approve,
disapprove or approve with conditions the site plan application and shall specify
the conditions of site plan approval,if any.
(2) A resolution disapproving a site plan application shall include written findings for
the disapproval.
(3) Applications for alterations or amendments to an approved site plan shall be acted
upon in the same manner as the application for the approval of the original site
plan. The fact that a hearing was held or waived for the original application shall
not predetermine how an application for an amended site plan is to be processed.
Section 5—Amendment of a current section of the Mamaroneck Code:
Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-14 Filing of approved site plan; expiration of approval.
A. Five signed and sealed copies of the approved site plan shall be revised by or on behalf of
the applicant to include all conditions imposed by the Planning Board. When such
conditions are properly incorporated into the revised site plan, it shall be signed and dated
by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the
approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or
the Director of Building Code Enforcement and Land Use Administration and the
Environmental Planner.
6
Page 41 of 231
B. The approval of a site plan or an amendment to a site plan shall expire automatically,
without notice given to the applicant or the applicant's representative, if a building permit
is not obtained within twenty-four (24) months from the date of such approval. If the
Engineer determines that there is no substantial change in the approved site plan and in
the condition of the site and/or its environs prior to the date such approval will expire, the
Planning Board may extend its approval for a period of up to one (1) year. If an approval is
extended, such approval shall expire automatically, without notice given to the applicant
or the applicant's representative, if a building permit is not obtained within the period of
the extension period.
Section 6—Amendment of a current section of the Mamaroneck Code:
Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-18 Penalties for offenses.
A. A person who violates any provision of this chapter shall be guilty of an offense within the
meaning of NY Penal Law § 10.00 (1). Upon conviction for violating any of sections of this
chapter, the convicted person and/or entity shall be punished by a fine of not less than two-
hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and
no/100ths ($1,000.00) dollars per violation per day, except that a person and/or entity
convicted of placing any structure which requires site plan approval or an amendment to a
site plan approval without first obtaining such approval shall be punished by a fine of not
less than one thousand and no/100ths ($1,000.00) dollars and not more than two thousand
five hundred and no/100ths ($2,500.00) dollars per day.
B. Nothing in this section shall limit the Town from seeking other or additional remedies,
including but not limited to injunctive relief and/or the issuance of stop work orders, if a
person (i) places any structure which requires site plan approval or approval of an
amendment to a site plan approval without first obtaining such approval or (ii) fails to
comply with an approved site plan or an approved amendment thereof or (iii) fails to
comply with any of the terms or conditions of the Planning Board resolution that
approved such site plan or amendment thereof.
Section 7—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.
7
Page 42 of 231
Section 8—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
2024-045-109-LL-rev per TB 5 08 mte;PR o..t c a„ges accepted
8
Page 43 of 231
Local Law No. —2024
This local law shall be known as the "Update of the Procedures for Site Plan Review of Non-
Residential Development" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
Based upon the Planning Board's experience in handling applications for site plan review,
certain aspects of the process are updated by this local law to make the process run more smoothly
both for applicants and the Planning Board.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 177-9 Pre-submission conference.
A. Prior to the submission of a site plan application, the applicant and/or the applicant's
authorized representative shall meet in person or virtually with a group consisting of some
or all of the following persons: the Building Inspector, the Director of Building Code
Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer,
the Environmental Planner or Coordinator, the Attorney for the Planning Board, the
Attorney for the Town and any other Town employees or outside consultants invited to the
conference by the Town. The purpose of such conference shall be to discuss proposed uses
or development, identify potential issues and review the procedural requirements for a site
plan application so that the applicant will have a better understanding of the process for
site plan approval.
B. An application for site plan approval involving a parcel that requires variances of any kind
for its proposed use must include a copy of the resolutions adopted by the Board of
Appeals granting such variances. If a requisite variance has not been obtained at the time
such application is filed, the applicant may include with the application a list of all
variances that the proposed site plan will require. The Planning Board may consider the
application but will not grant site plan approval until the applicant presents a copy of the
resolutions adopted by the Board of Appeals granting such variances. The grant of a
variance shall not require the Planning Board to grant site plan approval.
Page 44 of 231
C. If a use for which a special use permit already has been issued will continue, and if such
special use permit is still in effect, the application for site plan approval shall contain a
copy of the most recent special use permit.
D. If the application for site plan approval will require a new or amended special use permit,
the application for site plan approval shall be accompanied by an application for a special
use permit.
Section 3—Amendment of a current section of the Mamaroneck Code:
Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 177-10 Contents of application;filing.
A. Within six months of the later of the pre-submission conference or the grant of all required
variances, the applicant shall file with the Building Department an application for site plan
approval, which shall include signed and sealed full-size (36" x 24"or at a different scale if
necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan
prepared by a New York State licensed architect or a New York State licensed professional
engineer under his/her professional seal and a copy of a certified survey prepared by a
New York State licensed surveyor under his/her professional seal on which is
superimposed the site, as it exists at the time of the application. Unless the Building
Department requests a different number, there shall be at least three (3) full-size copies,
nine (9) reduced-size copies of the aforementioned items and one copy in a digital format
acceptable to the Engineer. The size, type and quantity of all additional submissions shall
be the same as the original submission.
The detailed development plan shall contain the information specified below:
(1) A map showing the applicant's entire property and adjacent properties,
including all improvements thereon, and streets, within a radius of five
hundred (500) feet from the perimeter of the site, at a scale of not more than
fifty (50)feet to the inch and all easements, licenses, leases,covenants and other
restrictions, if any, other than zoning,that affect the proposed use of the land.
(2) The present and the proposed use, location, height and design of all existing
and proposed buildings and structures whether or not designated for
demolition or removal, including front,rear and side elevations.
(3) Any proposed division of buildings and structures.
2
Page 45 of 231
(4) Any proposed division of any building into units of separate occupancy
(5) The proposed spatial arrangement of land uses.
(6) Existing topography and proposed grade elevations at intervals of two (2)
feet or less, unless the Engineer determines that such information is
unnecessary for site plan review.
(7) The location of all existing watercourses, waterbodies, intermittent streams
wetland areas, designated floodplains, rock outcroppings, wooded areas
and other significant existing features.
(8) The configuration of all existing and proposed public and private roads,
drives and walkways.
(9) Proposed final grades, including detailed information relative to methods to
be used to retain, stabilize and/or refurbish regraded areas.
(10) The location of all proposed parking and truck-loading/unloading areas,
with access and egress drives thereto.
(11) The directional flow of traffic and the location of all proposed traffic safety
devices, including but not limited to signage, pavement markings, signals
and equipment.
(12) The location of any proposed outdoor storage.
(13) The location and description of all existing and proposed site
improvements, including, but not limited to, drainage pipes, drains,
culverts, ditches, bridges and/or other drainage works, retaining walls,
medians, dividers and fences. Drainage information shall be provided by a
New York State licensed professional engineer, furnished under his/her seal.
(14) The location of all proposed and existing easements.
(15) The location of any special and/or zoning district lines.
(16) A description of the method of water supply and sewage and garbage
disposal and recycling facilities and the proposed location of such facilities
and their proposed connection to existing public facilities.
(17) The location,height and size of all proposed signs.
3
Page 46 of 231
(18) A landscaping plan showing the location, height, description, quality and
design of all existing and proposed landscaping and buffer areas, including,
but not limited to, the plantings proposed to be removed, moved or added
and an explanation of how the plantings that remain and the plantings
proposed to be added will be protected and maintained.
(19) The location, height and design of all proposed lighting, power and
communication facilities.
(20) The layout of all above and below-ground utilities serving the site that are
not mentioned herein.
(21) Letters or permits in the applicant's possession at the time the application is
filed from all other agencies having jurisdiction with their comments, if any,
on the site development plan
(22) The location of fire and other emergency zones, including,but not limited to
the location of fire hydrants, access drives, gates and appurtenances.
(23) The location, height, design and direction of all exterior and rooftop
structures and facilities, including, but not limited, the placement of noise
baffles and appropriate screening and a statement that all are in accordance
with the provisions of Chapter 240 of the Code of the Town of Mamaroneck
and such other provisions of law as may be applicable.
(24) The proposed location and design of all accessible parking and accessible
routes required pursuant to the New York State Uniform Fire Prevention
and Building Code or any Code that replaces it.
(25) Any other pertinent information as the Building Inspector, Director of
Building Code Enforcement and Land Use Administration, the Town
Engineer, the Deputy Town Engineer or the Planning Board may deem
appropriate to determine and provide for the proper enforcement of this
chapter.
B. The applicant shall submit proof that he/she/it has the right to use the site. Such
proof can be in the form of a deed, a lease, an easement, a license or some other
form of permission acceptable to the counsel for the Planning Board. A copy the
deed showing the site's present owner shall be submitted. If the applicant is not the
sole owner of the property, the application shall include a notarized letter from the
other owners consenting to the application for site plan approval unless such
approval is provided on the submitted application form.
4
Page 47 of 231
C. If the site plan indicates a development in stages, a supplementary plan shall be
submitted contemporaneously with the proposed site plan, showing the total
contemplated development and the proposed phasing.
D. Subsequent applications to alter or amend an approved site plan, which are not
exempt from site plan review pursuant to § 177-7C of the Code of the Town of
Mamaroneck, need only contain documents and information which directly relate
to the proposed alteration or amendment. However, the alteration will be
considered in the context of the entire previously approved site plan. The size, type
and quantity of all additional submissions shall be the same as required by § 177-
10A of the Code of the Town of Mamaroneck.
E. Nothing hereinabove shall preclude the Planning Board from requesting that
additional documents be filed (i) in order for the application to be deemed
complete or (ii)in connection with the Planning Board's review of the application.
Section 4—Amendment of a current section of the Mamaroneck Code:
Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-12 Public hearing and action by Planning Board.
A. Public hearing
(1) Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public
hearing on a site plan application shall be opened by the Planning Board, within
90 days after the Engineer certifies that a properly completed application has been
received within the meaning of Town Law § 274-a (8). Notwithstanding such
certification, the Planning Board may determine that an application is incomplete
and if it does, it shall identify the required items that are missing therefrom. Such
application shall not be considered received within the meaning of Town Law §
274-a (8) until the Engineer certifies that the applicant has supplied the missing
items. A public hearing on a site plan application previously determined not to
have been received within the meaning of Town Law § 274-a (8) shall be opened by
the Planning Board within 90 days after the Engineer's certification that the
applicant has supplied the missing items.
(2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be
opened only
(i) if the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration has certified that the proposed site plan meets all
5
Page 48 of 231
requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all
requirements of any variances granted by the Board of Appeals, and
(ii) if the Secretary to the Planning Board has certified that the applicant has
complied with the notification procedures of Chapter 144 of the Code of the Town
of Mamaroneck for site plan applications where compliance therewith is mandated.
(3) In its discretion, the Planning Board may waive the requirement for a public
hearing if it makes written findings setting forth why such waiver is not
inconsistent with the purpose of this chapter.
B. Action by Planning Board.
(1) Within 90 days after the date on which the public hearing is closed, or within 90
days after the meeting at which the Planning Board determines to waive the
requirement for a public hearing, the Planning Board shall either approve,
disapprove or approve with conditions the site plan application and shall specify
the conditions of site plan approval,if any.
(2) A resolution disapproving a site plan application shall include written findings for
the disapproval.
(3) Applications for alterations or amendments to an approved site plan shall be acted
upon in the same manner as the application for the approval of the original site
plan. The fact that a hearing was held or waived for the original application shall
not predetermine how an application for an amended site plan is to be processed.
Section 5-Amendment of a current section of the Mamaroneck Code:
Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-14 Filing of approved site plan; expiration of approval.
A. Five signed and sealed copies of the approved site plan shall be revised by or on behalf of
the applicant to include all conditions imposed by the Planning Board. When such
conditions are properly incorporated into the revised site plan, it shall be signed and dated
by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the
approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or
the Director of Building Code Enforcement and Land Use Administration and the
Environmental Planner.
6
Page 49 of 231
B. The approval of a site plan or an amendment to a site plan shall expire automatically,
without notice given to the applicant or the applicant's representative, if a building permit
is not obtained within twenty-four (24) months from the date of such approval. If the
Engineer determines that there is no substantial change in the approved site plan and in
the condition of the site and/or its environs prior to the date such approval will expire, the
Planning Board may extend its approval for a period of up to one (1) year. If an approval is
extended, such approval shall expire automatically, without notice given to the applicant
or the applicant's representative, if a building permit is not obtained within the period of
the extension period.
Section 6—Amendment of a current section of the Mamaroneck Code:
Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-18 Penalties for offenses.
A. A person who violates any provision of this chapter shall be guilty of an offense within the
meaning of NY Penal Law § 10.00 (1). Upon conviction for violating any of sections of this
chapter, the convicted person and/or entity shall be punished by a fine of not less than two-
hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and
no/100ths ($1,000.00) dollars per violation per day, except that a person and/or entity
convicted of placing any structure which requires site plan approval or an amendment to a
site plan approval without first obtaining such approval shall be punished by a fine of not
less than one thousand and no/100ths ($1,000.00) dollars and not more than two thousand
five hundred and no/100ths ($2,500.00) dollars per day.
B. Nothing in this section shall limit the Town from seeking other or additional remedies,
including but not limited to injunctive relief and/or the issuance of stop work orders, if a
person (i) places any structure which requires site plan approval or approval of an
amendment to a site plan approval without first obtaining such approval or (ii) fails to
comply with an approved site plan or an approved amendment thereof or (iii) fails to
comply with any of the terms or conditions of the Planning Board resolution that
approved such site plan or amendment thereof.
Section 7—Severabilit y:
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.
7
Page 50 of 231
Section 8—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
2024-05-10-LL-rev per TB 5 08 mtg
8
Page 51 of 231
m Town of Mamaroneck
X Town Center
FOUNDED 1661 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: Take Home Vehicle for Town Engineer
Date: May 22, 2024
As a follow up to the Compensation Study we completed last year, I am requesting consideration to
authorize a take home vehicle for the Town Engineer. The Town Engineer has the responsibility to
respond to the Town in the event of an emergency, as certain other employees do who have a take
home vehicle. Though not all communities have a staff engineer position, many that do have a vehicle
as part of the Engineer's compensation package. Should you wish to authorize the vehicle as
requested, I offer the below resolution for your consideration.
Action Requested:
Resolved that the Town Board hereby authorizes a take home vehicle for the use by the
Town Engineer with the requirement that the Town Engineer must respond to Town
emergencies as requested by the Town Administrator. Such vehicle shall be used to
commute to and from the Town with no more than limited de minims personal use.
Page 52 of 231
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Authorization to Enter into a Consent Decree Regarding WJWW
Date: May 22, 2024
Attached is memo from Robert Spolzino regarding a proposed consent decree with respect to the
claims asserted by the New York State Department of Health against Westchester Joint Water Works
(WJWW), the Town of Mamaroneck and various other municipalities in Westchester County. The
settlement was approved by the WJWW Board of Directors on April 30, 2024 and they are now
seeking approval from the Town Board. If approved, the Town of Mamaroneck would be responsible
for 16.7% of the expenses incurred to resolve claims against WJWW under the Safe Drinking Water
Act and Public Health Law.
Action Requested:
NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the consent
decree; and it be further
RESOLVED, that the Town Board authorizes and directs the Supervisor to execute the
agreement and the Town Administrator to undertake such administrative acts as may be
required to enter into and effectuate the consent decree.
Attachment/s:
Settlement memo To Town Board 2024.05.17-TY revisions
Town Board Settlement Resolution (003)
WJWW Proposed Consent Decree (April 19 2024) (clean - for signature)
Page 53 of 231
AF
White Plains
81 Main Street, Suite 400
White Plains, NY 10601
ABRAMS FENSTERMAN, LLP 914.607.7010 I P
ATTORNEYS AT LAW Long Island •Brooklyn •White Plains • Rochester •Albany
TO: Supervisor Eney and the Town Board
FROM: Robert A. Spolzino, Esq.
RE: United States Environmental Protection Agency v. Westchester Joint Water
Works
DATE: May 17, 2024
CC: Town Administrator Meredith Robson
Town Comptroller Tracy Yogman
The purpose of this memorandum is to present to the Town Board for approval the proposed
consent decree with respect to the claims asserted by the United States Environmental Protection
Agency (EPA) and the New York State Department of Health against Westchester Joint Water
Works (WJWW), the Village of Mamaroneck, the Town of Mamaroneck, and the Town/Village
of Harrison. The claims allege, as discussed more fully below, violations of the Safe Drinking
Water Act and Public Health Law.
The settlement requires WJWW to construct a filtration plant, pay civil penalties, and fund
three environmental benefit projects. On April 8, 2024, the Westchester County Board of
Legislators approved the land exchange with WJWW that is necessary to the construction of the
filtration plant. On April 30, 2024, the WJWW Board of Directors approved the settlement.
As you may recall, this matter arises from enforcement actions by DOH and EPA against
WJWW under the New York State Sanitary Code and the United States Safe Drinking Water Act,
respectively.DOH obtained a judgment from the New York State Supreme Court in 2004 requiring
WJWW to construct a water filtration plant by 2007 or pay daily penalties. The filtration plant has
never been built(not for lack of effort by WJWW) and the penalties now amount to more than $70
million. In 2019, EPA issued an administrative order finding that WJWW was in violation of the
Safe Drinking Water Act for failing to comply with the maximum contaminant level for five
regulated haloacetic acids and requiring that WJWW construct a water filtration plant. EPA has
since referred the violations to the United States Attorney for the Southern District of New York
for enforcement. The potential penalties are in the tens of millions of dollars. WJWW's counsel,
along with counsel for the Town/Village of Harrison, and our firm, as counsel for the Village of
Mamaroneck and the Town of Mamaroneck,have been negotiating for more than a year with the
United States Attorney's Office and the New York Attorney General's office to reach the
resolution set forth in the proposed consent decree.
Page 54 of 231
A
F
The proposed consent decree would require WJWW to cure the violations and satisfy all
outstanding penalty obligations by building the filtration plant, paying civil penalties, and paying
for three environmental benefit projects. A copy of the proposed consent decree is attached. As
you know, the Village of Mamaroneck, the Town of Mamaroneck and the Town/Village of
Harrison are each proportionately responsible for their share of WJWW's expenses (presumably
from water revenues), which would include the cost of complying with the consent decree. The
proportionate shares are based on water consumption, as follows: Town/Village of Harrison,
55.6%; Village of Mamaroneck, 27.7%; Town of Mamaroneck 16.7%. The specific obligations
that would be imposed by the consent decree are as follows:
• Build the filtration plant, the current estimated cost according to WJWW is $175 million.
WJWW has been awarded a state grant in the amount of $30 million toward this cost.
Assuming the grant funds are received (and the cost of the plant is not greater than
anticipated), the Town's share would be approximately $24.6 million. The consent decree
requires that WJWW obtain the land use approvals for the filtration plant from the
Town/Village of Harrison by November, 2024; obtain all permits necessary for the
construction of the filtration plant by March 8, 2025; complete the acquisition of the site
for the filtration plant from Westchester County by April 20, 2025; advertise for bids for
construction of the filtration plant by May 1, 2025; award the contract for construction of
the filtration plant by September 2, 2025; complete construction of the filtration plant by
March 1, 2029; and commence operation of the filtration plant by July 1, 2029.
• Pay a civil penalty to the United States in the amount of$600,000.The Town's share would
be $100,200. Payment of this amount by the Town to WJWW would be due 50 days after
the decree is entered by the Court,which would likely be sometime in the fourth quarter of
2024.
• Pay a civil penalty to New York State in the amount of$650,000. The Town's share would
be $108,550. Payment of this amount by the Town to WJWW would be due 50 days after
the decree is entered by the Court,which would likely be sometime in the fourth quarter of
2024.
• Pay for an environmental benefit project—improving the quality of storm water entering
the Kensico Reservoir—as required by the United States Government at an estimated cost
of $900,000 or simply pay $1.2 million to the United States Government in lieu of
completing the environmental benefit project. The Town's share would be $150,300 or
$200,400, depending on which approach is taken. That project would have to be paid for
as it is implemented over four and a half years,unless WJWW opts to pay the$1.2 million,
which would be due sooner.
• Pay for two environmental benefit projects required by New York State—a new water main
serving the Quarry Heights neighborhood of the Town of North Castle at a cost of $1.1
million and a lead service line replacement program at a cost of$5.7 million —for a total
of$6.8 million. The Town's share would be approximately $1,135,600. Payment would be
due as the projects are implemented over six years. EPA has recently noticed for public
2
Page 55 of 231
A
F
comment a rule that, if promulgated,would require WJWW to replace lead service lines in
the future.
3
Page 56 of 231
RESOLUTION RE:
AUTHORIZATION TO ENTER INTO CONSENT DECREE WITH THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY AND THE NEW YORK STATE
DEPARTMENT OF HEALTH REGARDING WESTCHESTER JOINT WATERWORKS
WHEREAS, a proposed consent decree with respect to the claims asserted by the United States
Environmental Protection Agency and the New York State Department of Health against Westchester
Joint Water Works("WJWW"),the Village of Mamaroneck,the Town of Mamaroneck, and the
Town/Village of Harrison,has been duly presented to the Town Board of the Town of Mamaroneck for its
consideration at its meeting on May 22,2024; and
WHEREAS,the proposed consent decree resolves claims against WJWW under the United States Safe
Drinking Water Act and the New York State Public Health Law; and
WHEREAS,the proposed consent decree requires WJWW to construct a filtration plant,pay civil
penalties, and fund three environmental benefit projects over a period of approximately six years; and
WHEREAS,on April 30,2024,the WJWW Board of Directors approved the consent decree; and
WHEREAS,the Town of Mamaroneck is responsible for its proportionate share (16.7%)based on water
consumption of WJWW's expenses,including the cost of complying with the consent decree; and
WHEREAS,the Town's obligations,if it were to enter into the consent decree, are as set forth in the
consent decree and as summarized in the accompanying memorandum of the Town's special counsel,
Abrams Fensterman,LLP,dated May 17,2024; and
WHEREAS,the Town Board has duly considered the proposed consent decree,
NOW,THEREFORE,BE IT RESOLVED,that the Town Board approves the consent decree; and it be
further
RESOLVED,that the Town Board authorizes and directs the Supervisor to execute the agreement and the
Town Administrator to undertake such administrative acts as may be required to enter into and effectuate
the consent decree.
Page 57 of 231
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
STATE OF NEW YORK and JAMES V. MCDONALD, as
COMMISSIONER of the NEW YORK STATE
DEPARTMENT OF HEALTH, 24 Civ.
Plaintiffs-Intervenors, CONSENT DECREE
-v-
WESTCHESTER JOINT WATER WORKS,
TOWN/VILLAGE OF HARRISON, VILLAGE OF
MAMARONECK, and TOWN OF MAMARONECK,
Defendants.
Page 58 of 231
TABLE OF CONTENTS
L JURISDICTION AND VENUE 1
II. APPLICABILITY 2
III. DEFINITIONS 2
IV. OBJECTIVES 6
V. ADMISSIONS 6
VI. CIVIL PENALTY 7
VII. INJUNCTIVE RELIEF: FILTRATION PLANT 10
VIII. INJUNCTIVE RELIEF: INI'ERIMMEASURES 13
IX. INJUNCTIVE RELIEF: MUNICIPAL DEFENDANTS 15
X. SUPPLEMENTAL ENVIRONMENTAL PROJECT 17
XI. REPORTING AND MEETING REQUIREMENTS 18
XII. STIPULATED PENAL I lLS 20
XIII. FORCE MAJEURE 25
XIV. DISPUTE RESOLUTION 26
XV. INFORMATION COLLECTION AND RE I'ENTION 28
XVI. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS 29
XVII. COSTS 30
XVIII. NOTICES 31
XIX. EFFECTIVE DAI'E 34
XX. RE I'ENTION OF JURISDICTION 34
XXI. MODIFICATION 34
XXII. TERMINATION 34
XXIII. PUBLIC PARTICIPATION 35
XXIV. SIGNATORIES/SERVICE 35
XXV. INTEGRATION 35
XXVI. 26 U.S.C. § 162(F)(2)(A)(II)IDENTIFICATION 36
XXVII.HEADINGS 36
XXVIII.FINAL JUDGMENT 36
XXIX. APPENDICES 36
Page 59 of 231
WHEREAS, Plaintiff the United States of America ("United States"), on behalf of the
United States Environmental Protection Agency ("EPA"), filed a Complaint(the "Complaint")
against Westchester Joint Water Works ("WJWW"), the Town/Village of Harrison, the Village
of Mamaroneck, and the Town of Mamaroneck (the "Municipal Defendants" and, collectively
with WJWW, "Defendants")alleging that Defendants have violated and continue to violate the
Safe Drinking Water Act("SDWA" or the "Act"), 42 U.S.C. § 300f et seq., EPA's Stage 2
Disinfectants and Disinfection Byproducts Rule ("Stage 2 DBPR"), and an EPA administrative
order;
WHEREAS, the Complaint alleges that Defendants failed to ensure that the water system
(the "WJWW Water System") owned and operated by Defendants, which supplies drinking
water to approximately 120,000 Westchester residents, complies with federal limits for certain
disinfection byproducts, specifically for five regulated haloacetic acids ("HAAS"), and have
failed to implement necessary corrective actions,including building a filtration plant required by
an EPA administrative order, to ensure long-term protection for recipients of WJWW's water;
WHEREAS, Plaintiff-Intervenors State of New York and the Commissioner of the New
York State Department of Health (collectively, the "State") filed a Complaint in Intervention
(the"Complaint-in-Intervention")in this action alleging that WJWW has violated and continues
to violate the state Public Health Law,implementing regulations in the State Sanitary Code, and
a judgment entered in state Supreme Court, Westchester County, for failure to construct and
operate a filtration plant;
WHEREAS, the United States, the State, and Defendants (collectively, the "Parties")
recognize, and the Court by entering this Consent Decree finds, that this Consent Decree has
been negotiated by the Parties in good faith and will avoid litigation among the Parties; that this
Consent Decree is a fair and reasonable settlement of the claims asserted by the United States, as
specifically set forth in the Complaint; that the Consent Decree is a fair and reasonable
settlement of the claims asserted by the State, as set forth in the Complaint-in-Intervention; and
that this Consent Decree is fair, reasonable, and in the public interest;
NOW, THEREFORE, with the consent of the Parties, it is hereby ORDERED,
ADJUDGED, and DECREED as follows:
I. JURISDICTION AND VENUE
1. This Court has jurisdiction over the subject matter of the Complaint pursuant to
42 U.S.C. § 3 00g-3(b)and 28 U.S.C. §§ 1331, 1345 and 1355,and personal jurisdiction over all
the parties to this action. This Court has supplemental jurisdiction over the Complaint-in-
Intervention pursuant to 28 U.S.C. § 1367.
2. Venue is proper pursuant to 28 U.S.C. §§ 139 1(b) and (c) and 1395(a) because
Defendants reside and are located in this District, and the violations alleged in the Complaint and
Complaint-in-Intervention occurred in, and Defendants conduct business and are found in, this
District.
3. For purposes of this Consent Decree, or any action or proceeding to enforce this
Consent Decree,Defendants consent to venue in the Southern District of New York and to this
Page 60 of 231
Court's jurisdiction over this Consent Decree, over any such action or proceeding, and over
Defendants.
4. For purposes of this Consent Decree,Defendants agree that the Complaint states a
claim upon which relief maybe granted pursuant to the SDWA,42 U.S.C. § 300g-3(b), and that
the Complaint-in-Intervention states a claim upon which relief may be granted pursuant to New
York Public Health Law§§ 225,228 and 229 and Part 5, Subpart 5.1 of the State Sanitary Code,
10 New York Codes, Rules and Regulations ("N.Y.C.R.R.") §§ 5-1.1 to 5-1.100.
II. APPLICABILITY
5. The obligations of this Consent Decree apply to and are binding upon the United
States and the State and upon Defendants, and any successors, assigns, or other entities or
persons otherwise bound by law.
6. No transfer of ownership or operation of WJWW or the WJWW Water System, or
any part thereof,whether in compliance with the procedures of this Paragraph or otherwise, shall
relieve Defendants of their obligation to ensure that the terms of the Consent Decree are
implemented. At least 30 Days prior to such transfer, Defendants shall provide a copy of this
Consent Decree to the proposed transferee and shall simultaneously provide written notice of the
prospective transfer, together with a copy of the proposed written agreement, to the United
States,EPA, and the State, in accordance with Section XVIII(Notices). Any attempt to transfer
ownership or operation of WJWW or the WJWW Water System without complying with this
Paragraph constitutes a violation of this Decree.
7. Defendants shall provide a copy of this Consent Decree to all officers, employees,
and agents whose duties might reasonably include compliance with any provision of this Decree,
as well as to any contractor retained to perform work required under this Consent Decree.
Defendants shall condition any such contract upon performance of the work in conformity with
the terms of this Consent Decree.
8. In any action to enforce this Consent Decree, no Defendant shall raise as a
defense the failure of any of its board members, officers, employees, agents, or contractors to
take any actions necessary to comply with the provisions of this Consent Decree; however,
nothing in this Paragraph shall limit the scope of the provisions of Section XIII (Force Majeure).
III. DEFINITIONS
9. Terms used in this Consent Decree that are defined in the SDWA or in regulations
promulgated pursuant to the Act, including but not limited to the Stage 2 DBPR, have the
meanings assigned to them in the Act or such regulations, unless otherwise provided in this
Decree. Whenever the terms set forth below are used in this Consent Decree, the following
definitions apply:
a. "Complaint" shall mean the complaint filed by the United States in this
action;
b. "Complaint-in-Intervention"shall mean the complaint in intervention filed
by the State in this action;
2 Page 61 of 231
c. "Consent Decree" or"Decree" shall mean this Consent Decree and all
appendices attached hereto(listed in Section XXIX), and all modifications made effective
in accordance with Section XXI.
d. "Contractor Permits" shall mean the filings, permits and approvals to be
obtained by the Filtration Plant construction contractor. These are anticipated to include
the following: (i) EPA — Spill Prevention, Control and Countermeasure Plan; (ii)New
York State Depaitment of Environmental Conservation — Waste Transporter Permit and
EPA Identification Number; (iii)New York State Depaitment of Environmental
Conservation—Hazardous Substance Bulk Storage Registration (Chemical Bulk Storage
Registration) and Petroleum Bulk Storage (Petroleum Bulk Storage Registration);
(iv)New York State Department of Transportation — Divisible Load Overweight Permit
(Form PERM 92) Restricted Vehicle permit; (v)New York State Department of
Transportation — Special Hauling Permit(Form PERM 39-1 or 39-2); (vi)New York
State Depaitment of Labor— Inspection Request for Boiler; (vii) WCDOH— Backflow
Prevention Device Approval;(viii)Town/Village of Harrison Building Depaitment—Fire
Safety Inspection; (ix) Town/Village of Harrison Building Depaitiuent— Operating
Permit; (x) Town/Village of Harrison Building Department— Electrical Permits;
(xi) Town/Village of Harrison Building Department—Plumbing Permits; (xii)
Town/Village of Harrison Building Depaitment— Temporary Structure/Temporary
Storage/Construction Debris Permit; (xiii) Town/Village of Harrison Building
Depaitment—Truck Permit;and(xiv) Town/Village of Harrison Building Depaitment—
Application for Certificate of Occupancy.
e. "County" shall mean the County of Westchester, New York, and any
successors or assigns.
f. "Date of Lodging" shall mean the date this Consent Decree is filed for
lodging with the Clerk of the Court for the United States District Court for the Southern
District of New York.
g. "Day"shall mean a calendar day unless expressly stated to be a business
day. In computing any period of time under this Consent Decree, where the last day
would fall on a Saturday, Sunday, or federal holiday, the period shall run until the close
of business of the next business day.
h. "Defendants" shall mean the WJWW, the Town/Village of Harrison, the
Village of Mamaroneck, and the Town of Mamaroneck, and any successors or assigns.
i. "Documents"shall be defined in accordance with Local Civil Rule 26.3 of
the Local Rules of the United States District Court for the Southern District of New York.
j. "Effective Date" shall have the definition provided in Section XIX.
k. "EPA" shall mean the United States Environmental Protection Agency
and any of its successor departments or agencies.
3 Page 62 of 231
1. "HAAS"shall mean the following five haloacetic acids:monochloroacetic
acid, dichloroacetic acid,trichloroacetic acid,monobromoacetic acid, and dibromoacetic
acid.
m. "Filtration Plant"refers to a plant providing for filtration and disinfection
of all water from Rye Lake entering into the WJWW Water System drinking water
distribution system with the "best available technology" for achieving compliance with
the maximum contaminant levels for disinfection byproducts and with all applicable
requirements of Part 5, Subpart5.1 of the State Sanitary Code, 10 N.Y.C.R.R. §§ 5-1.1 to
5-1.100.
n. "LRAA" shall mean "locational running annual averages" as defined in
the Stage 2 DBPR, 40 C.F.R. § 141.620.
o. "MCL" shall mean a maximum contaminant level under the SDWA.
p. "Municipal Cost Share for the Town/Village of Harrison"shall mean 55.6
percent(the percentage calculated by dividing the gallons of water supplied by WJWW
within the Town/Village of Harrison by the gallons of water supplied by WJWW within
the Municipal Defendants,as recited in the WJWW Resolution approved December 17,
2019).
q. "Municipal Cost Share for the Town of Mamaroneck" shall mean 16.7
percent(the percentage calculated by dividing the gallons of water supplied by WJWW
within the Town of Mamaroneck, not including the Village of Mamaroneck, by the
gallons of water supplied by WJWW within the Municipal Defendants, as recited in the
WJWW Resolution approved December 17, 2019).
r. "Municipal Cost Share for the Village of Mamaroneck" shall mean 27.7
percent(the percentage calculated by dividing the gallons of water supplied by WJWW
within the Village of Mamaroneck by the gallons of water supplied by WJWW within the
Municipal Defendants, as recited in the WJWW Resolution approved December 17,
2019).
s. "Municipal Defendants" shall mean the Town/Village of Harrison, the
Village of Mamaroneck, and the Town of Mamaroneck.
t. "Notice to Proceed" shall mean written notice from WJWW and/or
Defendants to the persons responsible for construction of the Filtration Plant.
u. "NYSDOH" shall mean the New York State Depailtuent of Health and
any of its successor departments or agencies.
v. "Paragraph"shall mean a portion of this Consent Decree identified by an
Arabic numeral.
w. "Parties" shall mean the United States, the State, and Defendants.
x. "Plaintiffs" shall mean the United States and the State.
4 Page 63 of 231
y. "Public Health Law"shall mean the New York Public Health Law §§ 1 to
5003.
z. "SDWA" shall mean the Safe Drinking Water Act, 42 U.S.C. §§ 300f to
300j-27.
aa. "Section" shall mean, except when citing a provision of the SDWA or
other statute or regulation, a portion of this Consent Decree identified by a Roman
numeral.
bb. "Site Preparation"shall mean the first construction contract(s) or phase(s)
for the Filtration Plant. Site Preparation shall, unless not needed for the Filtration Plant,
include provision of temporary construction management facilities (such as trailers,
offices,fencing and site security); construction of temporary service and access roads;
site clearing and grubbing;demolition and removal of existing structures; rough grading;
and provision of temporary electrical and other utilities.
cc. "Stage 2 DBPR" shall mean the Stage 2 Disinfectants and Disinfection
Byproducts Rule, 71 Fed. Reg. 388,394 (Jan. 4,2006) (codified in scattered sections of
40 C.F.R.).
dd. "State" means the State of New York and the Commissioner of the New
York State Depaitment of Health.
ee. "State Court Judgment" shall mean the Judgment on Severed First Cause
of Action of the New York State Supreme Court for Westchester County dated June 9,
2004,in the civil action State ofNew York and Antonia C. Novello, M.D., M.P.H., in her
capacity as Commissioner of the New York State of Health v. Westchester Joint Water
Works, Index No. 13364-99.
ff. "State Sanitary Code" shall mean the NYSDOH regulations codified at 10
N.Y.C.R.R. §§ 1.1 to 24-2.3.
gg. "TTHM" shall mean total trihalomethanes, including the following
trihalomethanes: chloroform, bromodichloromethane, dibromochloromethane, and
bromoform.
hh. "WCDOH" shall mean the Westchester County Department of Health.
ii. "WJWW" shall mean Westchester Joint Water Works, a joint municipal
water works formed as a public benefit corporation pursuant to New York State law.
jj. "WJWW Water System"means the public water system, as defined in 42
U.S.C. § 300f(4)(A) and 10 N.Y.C.R.R. § 5-1.1(cb), owned and/or operated by
Defendants.
kk. "United States" shall mean the United States of America, acting on behalf
of EPA.
5 Page 64 of 231
IV. OBJECTIVES
10. The objectives of this Consent Decree are to ensure compliance with the SDWA,
the Stage 2 DBPR, and the State Sanitary Code, a prior EPA administrative order, and prior state
court orders,by (i)causing the construction and subsequent continuous operation of a Filtration
Plant treating all Rye Lake source water entering the WJWW Water System; (ii) implementing
other measures to address non-compliance with federal and state law and to protect the public
health pending commencement of operation of the Filtration Plant; (iii) implementing measures
required to comply with the State Court Judgment; and (iv) resolving the civil claims of the
Plaintiffs as provided in Section XVI (Effect of Settlement/Reservation of Rights).
V. ADMISSIONS
11. Defendants admit, acknowledge, and accept responsibility for the following facts:
a. The WJWW Water System supplies drinking water directly to
approximately 60,000 individuals in the Town/Village of Harrison, the Village of
Mamaroneck, and the Town of Mamaroneck, as well as portions of the City of Rye and
the City of New Rochelle. The WJWW Water System also indirectly supplies drinking
water to an additional approximately 60,000 residents of the Village of Larchmont, the
City of Rye, the Village of Rye Brook, and the Village of Port Chester.
b. The WJWW Water System is a "public water system" and also a
"community water system"under the SDWA and the State Sanitary Code. The WJWW
Water System consists of the joint system of water works and three local water supply
systems that convey and distribute the water each municipality receives from the joint
system of water works. The WJWW Board of Trustees,which is composed of the chief
elected official of each of the Municipal Defendants, exercises management and control
over WJWW and the WJWW Water System.
c. Under section 6124(2) of the Unconsolidated Laws of the State of New
York,WJWW owns and operates the joint system of waterworks. Under section 6135 of
the Unconsolidated Laws of the State of New York, each Municipal Defendant owns the
local water supply system that conveys and distributes the water within that municipality.
WJWW operates each local water supply system on behalf of the Municipal Defendants.
The cost of constructing, acquiring and operating WJWW Water System is apportioned
among the Municipal Defendants in accordance with section 6130(1) of the
Unconsolidated Laws of the State of New York.
d. EPA has set the Maximum Contaminant Level for the five regulated
disinfectant byproducts known as HAAS at the level of 0.060 mg/L.
e. In the first,second, and third quarters of 2019, the WJWW Water System
contained water with levels of HAAS in excess of 0.060 mg/L, as determined by testing
performed by WJWW and reported to EPA.
f. EPA issued an administrative order dated November 26, 2019, which
required, among other things, that WJWW ensure the WJWW Water System's
6 Page 65 of 231
compliance with the Stage 2 DBPR, by constructing and operating a filtration plant by
certain milestone dates. The administrative order required construction to commence by
January 1, 2022.
g. New York State's State Sanitary Code separately requires WJWW to
construct and operate a filtration plant, 10 N.Y.C.R.R. § 5-1.30(b), as does the State
Court Judgment issued in 2004 by the New York State Supreme Court for Westchester
County.
h. WJWW has not yet commenced construction of, and does not operate, a
filtration plant.
VI. CIVIL PENALTY
12. Within 60 Days after the Effective Date, WJWW shall pay to the United States
the sum of$600,000 as a civil penalty,together with interest accruing from the date on which the
Consent Decree is lodged with the Court at the rate specified in 28 U.S.C. § 1961 as of the Date
of Lodging. Without limiting WJWW's obligations under this Consent Decree, including in the
prior sentence:
a. The Town/Village of Harrison shall provide the necessary funds to
WJWW in accordance with the Municipal Cost Share for the Town/Village of Harrison
no later than 10 days prior to the date that WJWW is required to make such civil penalty
payment.
b. The Town of Mamaroneck shall provide the necessary funds to WJWW in
accordance with the Municipal Cost Share for the Town of Mamaroneck no later than 10
days prior to the date that WJWW is required to make such civil penalty payment.
c. The Village of Mamaroneck shall provide the necessary funds to WJWW
in accordance with the Municipal Cost Share for the Village of Mamaroneck no later than
10 days prior to the date that WJWW is required to make such civil penalty payment.
13. WJWW (or other Defendants, as applicable, in the case of any stipulated
penalties) shall pay the civil penalty due to the United States by FedWire Electronic Funds
Transfer("EFT"),in accordance with instructions provided to Defendants by the United States
Attorney's Office for the Southern District of New York after the Effective Date. The payment
instructions will include a Consolidated Debt Collection System ("CDCS") number, which
Defendants shall use to identify all payments required to be made in accordance with this
Consent Decree.
14. At the time of payment, WJWW (or other Defendants, as applicable, in the case
of any stipulated penalties)shall send notice thatpaymenthas been made: (i)to EPA via email at
cinwd_acctsreceivable@epa.gov or via regular mail at EPA Cincinnati Finance Office, 26 W.
Martin Luther King Drive, Cincinnati, Ohio 45268; (ii) to DOJ via email or regular mail in
accordance with Section XVIII;and(iii)to EPA in accordance with Section XVIII. Such notice
shall state that the payment is for the civil penalty owed pursuant to the Consent Decree in
United States v. Westchester Joint Water Works et al., and shall reference the civil action
number, CDCS Number and DOJ case number 90-5-1-1-12441.
7 Page 66 of 231
15. Within 60 Days after the Effective Date, WJWW shall pay to the State the sum of
$650,000 as a civil penalty,together with interest accruing from the date on which the Consent
Decree is lodged with the Court, at the rate specified in 28 U.S.C. § 1961 as of the Date of
Lodging. Without limiting WJWW's obligations under this Consent Decree, including in the
prior sentence:
a. The Town/Village of Harrison shall provide the necessary funds to
WJWW in accordance with the Municipal Cost Share for the Town/Village of Harrison
no later than 10 days prior to the date that WJWW is required to make such civil penalty
payment.
b. The Town of Mamaroneck shall provide the necessary funds to WJWW in
accordance with the Municipal Cost Share for the Town of Mamaroneck no later than 10
days prior to the date that WJWW is required to make such civil penalty payment.
c. The Village of Mamaroneck shall provide the necessary funds to WJWW
in accordance with the Municipal Cost Share for the Village of Mamaroneck no later than
10 days prior to the date that WJWW is required to make such civil penalty payment.
16. The civil penalty payable to the State shall be paid by check made payable to
"New York State Depainnent of Health" and mailed to Andrew Frank, Assistant Attorney
General, Environmental Protection Bureau,28 Liberty Street, 19th Floor, New York, New York
10005. The cover letter and check shall state that the payment is for the civil penalty owed
pursuant to the Consent Decree in United States v. Westchester Joint Water Works et al., and
shall reference the civil action number.
17. In addition, WJWW shall spend a total of at least$6,800,000 on two water quality
benefit projects(the`Benefit Projects"). The Benefit Projects shall not be projects that, as of the
time this Consent Decree is lodged with the Court, Defendants are otherwise legally required to
implement, plan to implement independent of this Consent Decree, or have funded in their
current budgets;provided,however,that the Lead Service Line Replacement Program pursuant
to Paragraph 17.b below is not subject to this sentence. For the avoidance of doubt, nothing in
this Consent Decree prohibits the Defendants from funding the cost of the Benefit Projects, or
the debt service associated therewith,from water customer revenue. The Benefit Projects are: (i)
a new water main to the Quarry Heights neighborhood of the Town of North Castle (the "Quarry
Heights Project"), as described in Appendix A, and(ii)the establishment of a Lead Service Line
Replacement Program (the "Lead Service Line Replacement Program").
a. The Defendants' obligations with respect to the Quarry Heights Project shall be
satisfied when WJWW deposits $1,100,000 into a segregated account to be used
exclusively for the Quarry Heights Project.
b. The Defendants' obligations with respect to the Lead Service Line Replacement
Program shall be satisfied when: (i)the Defendants submit a detailed plan to the State (to
be submitted within six months of the Effective Date) describing a proposed Lead
Service Line Replacement Program, including its funding criteria, administrative
mechanisms, and implementation schedule;(ii)the State issues a written approval of such
plan, as the same may be modified in accordance with discussions between the State and
8 Page 67 of 231
Defendants;(iii)WJWW deposits the sum of$5,700,000 into a segregated account to be
used for the Lead Service Line Replacement Program, or,if required under Paragraph 18
below, the Additional Benefit Project(as defined in Paragraph 18 below) and/or the
Benefit Difference Payment(as defined in paragraph 18 below); and (iv) the monies in
such account are paid out to fund the Lead Service Line Replacement Program, or, if
required under Paragraph 18 below,to fund the Additional Benefit Project(as defined in
paragraph 18 below)and/or the Benefit Difference Payment(as defined in paragraph 18
below). The plan shall provide for preparation and completion of both (x)a Lead Service
Line Inventory of all service connections within the WJWW service area and (y) an on-
line, publicly accessible map of the entire service area depicting the inventory results.
Among the factors the State will consider positively in deciding whether to approve the
Lead Service Line Replacement Program is the extent to which that Program includes
outreach to ensure owners and occupants of residences owned or occupied by low-
income residents are aware of the Program, and other measures to target such owners and
occupants for participation in the Program.
18. WJWW shall provide the State with an accounting of the amount spent on the
Benefit Projects within 60 Days of project completion. In the event the Benefit Projects are not
completed within six years of the effective date or are completed within six years of the effective
date for less than $6,800,000, WJWW shall propose an additional water quality benefit project
(the "Additional Benefit Project") and a schedule for implementing the Additional Benefit
Project for approval by the State. The Additional Benefit Project shall require WJWW to expend
at least the difference between $6,800,000 and the amount spent by WJWW on the Benefit
Projects. If the State approves the Additional Benefit Project, WJWW shall implement the
Additional Benefit Project as approved by the State and shall expend the funds for the Additional
Benefit Project within three years of the date of State approval or by any later date WJWW and
the State agree upon. If the State disapproves the Additional Benefit Project,the Defendants and
the State agree to meet and discuss the Additional Benefit Project or any other water quality
benefit project that either WJWW or the State proposes. If the Defendants and the State cannot
reach agreement on a water quality benefit project that requires WJWW to expend at least the
difference between $6,800,000 and the amount spent on the Benefit Projects within 60 Days of
the State's disapproval, or such additional time as WJWW and State agree upon, the State may
provide WJWW written notice directing WJWW to pay the difference between $6,800,000 and
the amount spent by WJWW on the Benefit Projects to the State (the "Benefit Difference
Payment"),and WJWW shall make the Benefit Difference Payment within 45 Days of WJWW's
receipt of such written notice following the same payment process as set forth in Paragraph 16
above.
19. The Defendants agree that in any public communication regarding the Benefit
Projects or any Additional Benefit Project, Defendants shall include language noting that the
Benefit Projects or the Additional Benefit Project are/is being performed in lieu of a portion of a
penalty for violation of a judgment against Defendants obtained by the State.
20. Failure to meet deadlines for the Benefit Projects or any Additional Benefit
Project shall be governed by the terms of Section XII (Stipulated Penalties). Should a dispute
arise between the Defendants and the State concerning any aspect of the Benefit Projects or any
Additional Benefit Project,including the proposed schedule,the dispute shall be resolved by the
9 Page 68 of 231
Defendants and the State in accordance with Section XIV(Dispute Resolution). With respect to
that dispute,the State shall have the same rights and responsibilities afforded to the United States
as set forth in that Section.
21. Defendants shall not deduct any penalties paid under this Decree pursuant to this
Section or Section XII (Stipulated Penalties) in calculating their federal or State income tax.
VII. INJUNCTIVE RELIEF: FILTRATION PLANT
22. WJWW shall construct, commence operation of, and thereafter continuously
operate a Filtration Plant as provided in this Section.
A. Filtration Plant Deadlines
23. Subject to Paragraph 33 and Section XIII (Force Majeure), by October 8, 2024,
WJWW shall obtain all approvals from the Town/Village of Harrison Planning Board required
under the local land use review procedure for the Filtration Plant.
24. Subject to Paragraph 33 and Section XIII(Force Majeure),by November 8, 2024,
WJWW shall complete and submit to the appropriate authorities all applications for all necessary
local,state, and federal approvals and permits for the Filtration Plant, other than the applications
for the Contractor Permits. By this date, Defendants shall submit all information necessary to
process the applications and take all actions necessary to obtain all such permits or approvals.
25. Subject to Paragraph 33 and Section XIII (Force Majeure), by March 8, 2025,
WJWW shall secure all necessary local, state, and federal final approvals and permits(excluding
NYSDOH approvals and the Contractor Permits)for the Filtration Plant. If any other reviews or
approvals are identified by Defendants at a later date that are required to satisfy the requirements
of Westchester County and/or any other local, state, or federal agency with authority to review
the land acquisition arrangements, Defendants shall notify EPA and the State in accordance with
Section XVIII(Notices) within 5 Days of Defendants' identification of such requirements.
26. Subject to Paragraph 33 and Section XIII (Force Majeure), WJWW shall
complete the acquisition of the site selected for construction of the Filtration Plant by April 20,
2025, and shall submit proof of the acquisition to the EPA and the State within 30 Days of such
acquisition.
27. By May 1,2025,WJWW shall advertise for bids for construction of the Filtration
Plant.
28. By September 2,2025,WJWW shall award the contract to construct the Filtration
Plant.
29. Subject to Paragraph 33 and Section XIII (Force Majeure), by August 4, 2025,
WJWW shall also identify and submit to EPA and the State a proposed schedule of Additional
Milestones,for the period between August 4,2025, and the date for commencing operations of
the Filtration Plant set forth in Paragraph 32 below. The Additional Milestones shall be
established through the process set forth in Paragraphs 36 through 41. Once the final Additional
10 Page 69 of 231
Milestones have been approved pursuant to Paragraph 36(a) or established through the dispute
resolution procedures set forth in Section XIV(Dispute Resolution),such Additional Milestones
shall be incorporated into this Consent Decree as "Schedule A" as soon as possible, which
Schedule shall be filed on the Court's docket no later than 60 Days after the Additional
Milestones have been approved or determined.
30. The Additional Milestones required in Paragraph 29 shall be scheduled to occur at
sufficient frequencies to ensure EPA's and the State's ability to maintain oversight and to ensure
compliance with the deadlines set forth in Paragraphs 31 and 32. The Additional Milestones
shall identify or state:
a. Each phase of construction,with each phase to include, but not be limited
to, a separate milestone for: (i) completion of final design; (ii) securing of necessary
approval(s)of plans and specifications from NYSDOH, with a milestone for submission
of a complete application to NYSDOH; (iii) advertisement for bids; (iv) issuance of a
Notice to Proceed; and (v) completion of construction;
b. A milestone for a Notice to Proceed for commencement of construction of
the building or structure that will contain the filtration process, with such notice to be
provided as early as practicable in the construction schedule;
c. The phase(s)in which the installation will be accomplished for the various
selected types of filtration and disinfection units and the construction of all other selected
components of the Filtration Plant; and
d. The technical justification for the proposed schedule of Additional
Milestones.
31. By March 1, 2029, WJWW shall complete construction of all Filtration Plant
facilities necessary for startup of the Filtration Plant(hereinafter,"substantial construction") and
commence startup and testing of the Filtration Plant.
32. By July 1, 2029, WJWW shall commence operation of the Filtration Plant in
compliance with the filtration, disinfection, monitoring, and reporting requirements set forth at
40 C.F.R.part 141, Subparts H,P, and W, and all applicable provisions of Part 5, Subpart 5.1 of
the State Sanitary Code, 10 N.Y.C.R.R. §§ 5-1.1 to 5-1.100, and shall continue to comply with
all such provisions thereafter.
33. Defendants may seek relief under the provisions of Section XIII (Force Majeure)
for any failure to timely perform any obligation of this Consent Decree where such failure
resulted from a failure to obtain, or a delay in obtaining, any permit or approval required to fulfill
such obligation, if the requirements for relief under Section XIII are otherwise satisfied.
B. Environmental Justice; Impacts During Construction
34. Prior to commencing construction of the Filtration Plant, WJWW shall evaluate
any potential adverse impacts of such construction and other actions undertaken pursuant to this
Consent Decree,including to the extent to which these impacts affect already overburdened and
underserved populations. WJWW shall schedule at least one public meeting to inform the public
11 Page 70 of 231
of any such potential adverse impacts, and provide an opportunity to members of the public to
provide verbal comments, as well as to submit comments in writing identifying any such adverse
impacts. Defendants shall ensure that such meeting is accessible to all who wish to attend,
including through the use of technology as appropriate.
35. WJWW shall mitigate any such potential adverse impacts of construction and
other actions undertaken pursuant to this Consent Decree, including impacts on overburdened
and underserved populations,to the maximum extent practicable consistent with construction of
a Filtration Plant.
C. Approval of Deliverables
36. After review of any plan,report, or other item that is required to be submitted to
EPA for approval pursuant to Paragraph 29 of this Consent Decree (Additional Milestones),
EPA, after consultation with the State, shall in writing: (a) approve the submission; (b) approve
the submission upon specified conditions;(c)approve part of the submission and disapprove the
remainder; or (d) disapprove the submission.
37. If the submission is approved pursuant to Paragraph 36(a), Defendants shall take
all actions required by the plan,report,or other document,in accordance with the schedules and
requirements of the plan, report, or other document, as approved. If the submission is
conditionally approved or approved only in part pursuant to Paragraph 36(b) or(c), Defendants
shall,upon written direction from EPA after consultation with the State,take all actions required
by the approved plan,report, or other item that EPA, after consultation with the State,determines
are technically severable from any disapproved portions,subject to Defendants' right to dispute
only the specified conditions or the disapproved portions, under Section XIV (Dispute
Resolution).
38. If the submission is disapproved in whole or in part pursuant to Paragraph 36(c)
or (d), Defendants shall, within 45 Days or such other time as the Parties agree to in writing,
correct all deficiencies and resubmit the plan, report, or other item, or disapproved portion
thereof, for approval, in accordance with the preceding Paragraphs. If the resubmission is
approved in whole or in part, Defendants shall proceed in accordance with the preceding
Paragraph.
39. If a resubmitted plan, report, or other item, or portion thereof, is disapproved in
whole or in part,EPA, after consultation with the State, may again require Defendants to correct
any deficiencies,in accordance with the preceding Paragraphs, or may itself/themselves correct
any deficiencies, subject to Defendants' right to invoke Dispute Resolution and the right of the
United States and the State to seek stipulated penalties as provided in Paragraphs 40 and 41.
40. If Defendants elect to invoke Dispute Resolution as set forth in Section XIV
(Dispute Resolution),Defendants shall do so by sending a Notice of Dispute in accordance with
Paragraph 104 within 45 Days(or such other time as the Parties agree to in writing) after receipt
of the applicable decision.
12 Page 71 of 231
41. Any stipulated penalties applicable to the original submission, as provided in
Section XII(Stipulated Penalties), accrue during the 45 Day period or other specified period, but
shall not be payable unless the resubmission is untimely or is disapproved in whole or in part;
provided that, if the original submission was so deficient as to constitute a material breach of
Defendants' obligations under this Decree, the stipulated penalties applicable to the original
submission shall be due and payable notwithstanding any subsequent resubmission.
VIII. INJUNCTIVE RELIEF: INTERIM MEASURES
42. Until WJWW has complied with all the requirements set forth in Section VII,
WJWW shall implement the following Interim Measures set forth in this Section.
A. On-Going Stage 2 Compliance Activities
43. WJWW shall remain in compliance with the TTHM and HAAS monitoring
requirements,methodology requirements, and reporting requirements of the Stage 2 DBPR. See
40 C.F.R. §§ 141.620, 141.621, 141.629.
44. WJWW shall conduct monitoring quarterly for TTHM and HAAS in accordance
with 40 C.F.R. § 141.621(a) and WJWW's approved monitoring plan. Samples shall be
analyzed in accordance with 40 C.F.R. § 141.621(b). WJWW must calculate the LRAAs for
TTHM and HAAS using monitoring results collected in accordance with 40 C.F.R. § 141.620(d).
Specifically,WJWW must calculate compliance with the MCL based on the available data from
the most recent four quarters.
45. WJWW must comply with all public notice requirements specified in 40 C.F.R.
Part 141, Subpart Q, for any TTHM or HAAS MCL violation that occurs after the Effective Date
of this Consent Decree.
46. In addition to routine reporting to the WCDOH, WJWW shall submit to EPA the
results of the TTHM and HAAS monitoring required by this subparagraph. WJWW shall report
quarterly to EPA for the duration of this Consent Decree. Results may be submitted with the
quarterly progress reports described in Paragraph 70. Within 14 Days after WJWW has
submitted the results of the TTHM and HAAS monitoring to EPA, WJWW shall also post the
results of the monitoring on its website.
47. If the WJWW Water System violates a TTHM or HAAS MCL, WJWW must
submit a report to EPA, WCDOH, and NYSDOH describing the operational or source water
conditions believed to have contributed to the violation, actions taken or planned to mitigate the
violation, and any additional monitoring performed to delineate the extent of the issue within the
distribution system.
B. Distribution System Flushing
48. At all times after the Effective Date during the duration of this Decree, WJWW
must implement the flushing protocol attached hereto as Appendix B. If, at any time, WJWW
wishes to make changes to the flushing protocol, it shall submit a proposed draft to EPA for
approval. EPA, in consultation with NYSDOH and WCDOH, will review the flushing protocol
and, upon notification by EPA, WJWW shall implement the flushing protocol.
13 Page 72 of 231
C. Source Water Monitoring
49. After the Effective Date, WJWW shall initiate a second round of source water
monitoring, pursuant to 40 C.F.R. §141.701(b), that meets the requirements for monitoring
parameters,frequency, and duration described in 40 C.F.R. § 141.701(a), unless WJWW meets
the monitoring exemption criteria in 40 C.F.R. § 141.701(d). Source water monitoring data shall
comply with 40 C.F.R. §§ 141.704 and 141.705. WJWW shall comply with its proposed
monitoring plan, attached hereto as Appendix C.
50. WJWW must report results from the source water monitoring to EPA, NYSDOH
and WCDOH no later than 10 Days after the end of the first month following the month when
the sample is collected. Within 14 Days after WJWW has submitted the results of the source
monitoring to EPA, NYSDOH and WCDOH,WJWW shall post the results of the monitoring on
its website.
D. Disinfection
51. At least 30 Days before making a significant change to their disinfection practice,
WJWW must notify EPA,NYSDOH, and WCDOH of its intent to make a significant change to
its disinfection practice and include the following information:
a. A completed disinfection profile and disinfection benchmark for Giardia
lamblia and viruses as described in 40 C.F.R. § 141.709.
b. A description of the proposed change in disinfection practice.
c. An analysis of how the proposed change will affect the current level of
disinfection.
52. Significant changes to disinfection practice include, but are not limited to,
changes to the point of disinfection; changes to the disinfectant(s) used in the treatment plant;
and changes to the disinfection process.
53. CT Calculations. For each day the WJWW water system is in operation, the
WJWW shall calculate the total inactivation ratio pursuant to the provisions of 40 C.F.R.
§§ 141.74(b)(3)and(4). WJWW shall report to EPA, NYSDOH, and WCDOH the information
listed at 40 C.F.R. § 141.75(a)(2) monthly, within 10 Days after the end of each month.
E. Simultaneous Compliance
54. A change in treatment or source may necessitate a change in Optimal Water
Quality Parameter ("OWQP") specifications and corrosion control treatment. Pursuant to 40
C.F.R. § 141.90(a)(3), prior to the addition of a new source or any long-term change in water
treatment, a water system must submit written documentation to NYSDOH describing the
change or addition. NYSDOH must review and approve the change. Within 10 Days of the
Effective Date, WJWW shall submit a report to EPA explaining what steps it is undertaking to
comply with 40 C.F.R. § 141.90(a)(3)while WJWW is implementing the long-term measures set
forth in Section VII.
14 Page 73 of 231
F. Notification
55. Within 45 Days after the Effective Date, WJWW must provide notice in writing
to its consumers, and to the owner and operator of all public water systems that purchase water
from the WJWW, explaining that Defendants entered into a Consent Decree that sets forth a
schedule to build a Filtration Plant for the Rye Lake source in order to install the best available
technology for achieving compliance with the maximum contaminant levels for disinfection
byproducts and with State law requiring filtration of drinking water taken from surface water
sources.
56. WJWW shall provide a draft of the proposed notice to EPA and NYSDOH for
review and approval no later than 14 Days after the Effective Date. EPA, in consultation with
NYSDOH, shall endeavor,within 14 Days of receipt,to comment on and provide any requested
modifications to the proposed notice.
57. WJWW shall include a statement in its annual Drinking Water Quality Report
until compliance with the deadlines in Section VII is achieved. The statement shall explain that
Defendants entered into a Consent Decree that sets forth a schedule to build the Filtration Plant
to install the best available technology for achieving compliance with the maximum contaminant
levels for disinfection byproducts and with State law requiring filtration of drinking water taken
from surface water sources.
58. Prior to commencing construction of the Filtration Plant, WJWW shall establish
and maintain a website or a webpage on its website that provides the construction plan and
purpose of the Filtration Plant, along with any air monitoring or stormwater mitigation that
would be required by local, state, and/or federal permitting authorities for the Filtration Plant.
The website or webpage shall also include,butnotbe limited to: (i)a copy of the Complaint, the
Complaint-in-Intervention, and the Consent Decree; (ii) periodic updates on the progress of the
construction of the Filtration Plant; (iii) an explanation for any delays that may occur, and steps
WJWW is taking to minimize the delay;(iv)the EJ Impact Evaluation set forth in Paragraph 34;
(v) a description of any mitigation efforts taken pursuant to Paragraph 35; (vi) all reports
submitted to EPA and NYSDOH under this Consent Decree,including the Quarterly Reports set
forth in Paragraph 70; (vii); periodic summaries of data from any monitoring that will be
performed as required by local, state, and/or federal permitting authorities; and (viii) contact
information for any complaints relating to the construction of the Filtration Plant. This list of
information to be provided on the website is not intended to be an exclusive one, and WJWW
may,in its discretion,post other information on the website that would be useful for the public to
be apprised of progress made under this Consent Decree. WJWW shall update the website at
least quarterly, with updates by January 15, April 15, July 15, and October 15 of each year.
IX. INJUNCTIVE RELIEF: MUNICIPAL DEFENDANTS
59. The Municipal Defendants shall use best efforts to ensure that WJWW
complies with its obligations under this Consent Decree.
60. Without limiting WJWW's obligations under this Consent Decree,
including but not limited to under Sections VI,VII,VIII, and X,the Municipal Defendants shall
fund the Filtration Plant,the Benefit Projects, the Additional Benefit Project(if applicable), the
Benefit Difference Payment(if applicable), and the SEP as follows:
15 Page 74 of 231
a. No later than 60 days after WJWW awards the contract for the
construction of the Filtration Plant,the Town/Village of Harrison shall adopt a resolution
and take all other actions required by law for it to issue bonds or bond anticipation notes
or to commit to enter into a loan agreement with the New York State Environmental
Facilities Corporation to pay for the Municipal Cost Share for the Town/Village of
Harrison and shall thereafter promptly issue such bond or notes or enter into such loan
agreement and provide the funds for the Filtration Plant to allow WJWW to make timely
payment of invoices with regard to the Filtration Plant to allow the Filtration Plant to be
constructed in accordance with the schedule required by this Consent Decree. In
addition, the Town/Village of Harrison shall provide and timely transmit such funds to
WJWW, in accordance with the Municipal Cost Share for the Town/Village of Harrison,
as are needed to allow WJWW to perform and/or proceed with the Benefit Projects, the
Additional Benefit Project(if applicable),the Benefit Difference Payment(if applicable)
and the SEP and make timely payment of any related invoices to allow these
improvements or activities to be performed in accordance with any schedule(s) required
by this Consent Decree.
b. No later than 60 days after WJWW awards the contract for the
construction of the Filtration Plant,the Town of Mamaroneck shall adopt a resolution and
take all other actions required by law for it to issue bonds or bond anticipation notes or to
commit to enter into a loan agreement with the New York State Environmental Facilities
Corporation to pay for the Municipal Cost Share for the Town of Mamaroneck and shall
thereafter promptly issue such bond or notes or enter into such loan agreement and
provide the funds for the Filtration Plant to allow WJWW to make timely payment of
invoices with regard to the Filtration Plant to allow the Filtration Plant to be constructed
in accordance with the schedule required by this Consent Decree. In addition, the Town
of Mamaroneck shall provide and timely transmit such funds to WJWW, in accordance
with the Municipal Cost Share for the Town of Mamaroneck, as are needed to allow
WJWW to perform and/or proceed with the Benefit Projects, the Additional Benefit
Project(if applicable), the Benefit Difference Payment(if applicable) and the SEP and
make timely payment of any related invoices to allow these improvements or activities to
be performed in accordance with any schedule(s)required by this Consent Decree.
c. No later than 60 days after WJWW awards the contract for the
construction of the Filtration Plant, the Village of Mamaroneck shall adopt a resolution
and take all other actions required by law for it to issue bonds or bond anticipation notes
or to commit to enter into a loan agreement with the New York State Environmental
Facilities Corporation to pay for the Municipal Cost Share for the Village of
Mamaroneck and shall thereafter promptly issue such bond or notes or enter into such
loan agreement and provide the funds for the Filtration Plant to allow WJWW to make
timely payment of invoices with regard to the Filtration Plant to allow the Filtration Plant
to be constructed in accordance with the schedule required by this Consent Decree. In
addition, the Village of Mamaroneck shall provide and timely transmit such funds to
WJWW, in accordance with the Municipal Cost Share for the Village of Mamaroneck, as
are needed to allow WJWW to perform and/or proceed with the Benefit Projects, the
Additional Benefit Project(if applicable),the Benefit Difference Payment(if applicable)
and the SEP and make timely payment of any related invoices to allow these
16 Page 75 of 231
improvements or activities to be performed in accordance with any schedule(s) required
by this Consent Decree.
X. SUPPLEMENTAL ENVIRONMENTAL PROJECT
61. WJWW shall implement a Supplemental Environmental Project("SEP") in
accordance with this Section X and the SEP Memo annexed as Appendix D. WJWW shall spend
no less than $900,000 to implement the SEP. The SEP shall be completed within 54 months
after the Effective Date in accordance with the schedule of milestones set forth in Appendix D.
The SEP shall be comprised of the project to improve the quality of storm water entering the
Kensico Reservoir described in the SEP Memo annexed as Appendix D.
62. WJWW is responsible for the satisfactory completion of the SEP in accordance
with the requirements of this Decree. WJWW may use contractors or consultants in planning
and implementing the SEP.
63. With regard to the SEP, WJWW certifies the truth and accuracy of each of the
following:
a. that all cost information provided to EPA in connection with EPA's
approval of the SEP is complete and accurate and that WJWW in good faith estimates the
cost to implement the SEP to be approximately $900,000, as set forth in the SEP Memo
annexed as Appendix D;
b. that as of the date of executing this Decree,Defendants are not required to
perform or develop the SEP by any federal, state, or local law or regulation and are not
required to perform or develop the SEP by agreement, grant, or as injunctive relief
awarded in any other action in any forum;
c. that the SEP is not a project that Defendants were planning or intending to
construct,perform, or implement other than in settlement of the claims resolved in this
Decree;
d. that Defendants have not received and will not receive credit for the SEP
in any other enforcement action;
e. that Defendants will not receive any reimbursement for any portion of the
SEP from any other person. For the avoidance of doubt, fees collected from water
customers do not constitute reimbursement within the meaning of this subparagraph; and
f. that(i) Defendants are not a party to any open federal financial assistance
transaction that is funding or could fund the same activity as the SEP described in
Paragraph 61; and (ii) Defendants have inquired of the SEP recipient and/or SEP
implementer whether either is a party to an open federal financial assistance transaction
that is funding or could fund the same activity as the SEP and has been informed by the
recipient and/or the implementer that neither is a party to such a transaction. For
purposes of these certifications,the term "open federal financial assistance transaction"
refers to a grant, cooperative agreement, loan, federally-guaranteed loan guarantee, or
17 Page 76 of 231
other mechanism for providing federal financial assistance whose performance period has
not yet expired.
64. SEP Completion Report. No later than 56 months from the Effective Date,
Defendants shall submit a SEP Completion Report to DOJ, EPA and the State in accordance with
Section XVIII(Notices). The SEP Completion Report shall contain the following information:
a. a detailed description of the SEP as implemented;
b. a description of any problems encountered in completing the SEP and the
solutions thereto;
c. an itemized list of all eligible SEP costs expended;
d. certification that the SEP has been fully implemented pursuant to the
provisions of this Decree; and
e. a description of the environmental and public health benefits resulting
from implementation of the SEP (with a quantification of the benefits and pollutant
reductions, if feasible).
65. EPA may,in its sole discretion,require information in addition to that described
in the preceding Paragraph, in order to evaluate the SEP Completion Report.
66. After receiving the SEP Completion Report, the United States will notify
Defendants whether or not WJWW has satisfactorily completed the SEP. If WJWW has not
completed the SEP in accordance with this Consent Decree,stipulated penalties may be assessed
under Section XII.
67. Each submission required under this Section shall be signed by an official with
knowledge of the SEP and shall bear the certification language set forth in Paragraph 73.
68. Any public statement, oral or written, in print, film, or other media, made by
Defendants making reference to the SEP under this Decree shall include the following language:
"This project was undertaken in connection with the settlement of an enforcement action, United
States v. Westchester Joint Water Works, taken on behalf of the U.S. Environmental Protection
Agency under the Safe Drinking Water Act."
69. For federal income tax purposes, Defendants agree that they will neither capitalize
into inventory or basis nor deduct any costs or expenditures incurred in performing the SEP.
XI.REPORTING AND MEETING REQUIREMENTS
70. Quarterly Reports. Upon the Effective Date until the termination of this Consent
Decree pursuant to Section XXII (Termination), WJWW shall submit by email to the United
States,EPA, and the State, at the addresses set forth in Section XVIII(Notices),quarterly reports
for the preceding Calendar Quarter on January 15, April 15, July 15, and October 15 of each
year. If the first Calendar Quarter after the Effective Date consists of 30 Days or less, the
18 Page 77 of 231
Quarterly Report for that Calendar Quarter shall not be required, and the information will be
included in the next Quarterly Report.
71. The Quarterly Reports shall include, at a minimum:
a. A description of the actions taken by Defendants to comply with this
Consent Decree, including the completion of any obligations pursuant to Sections VII
and VIII;the status of any construction or compliance measures; problems encountered
or anticipated, together with implemented or proposed solutions; status of permit
applications;operation and maintenance;reports to state and local agencies; a discussion
of Defendants' progress in satisfying its obligations in connection with the SEP under
Section X including, at a minimum, a narrative description of activities undertaken; a
discussion of Defendants' progress in satisfying its obligations in connection with the
Benefit Projects and any Additional Benefit Project under Paragraphs 17-20 and
Appendix A, including, at a minimum, a narrative description of activities undertaken;
status of any construction or compliance measures, including the completion of any
milestones set forth in the SEP Memo attached as Appendix D; and a summary of costs
incurred since the previous report.
b. A description of any non-compliance with any requirements of this
Consent Decree, and an explanation of the violation's likely cause and of the remedial
steps taken, or to be taken, to prevent or minimize such violation, or to prevent future
non-compliance. If the cause of the non-compliance cannot be fully explained at the time
that the Quarterly Report is due, Defendants shall so state in their Quarterly Report.
Defendants shall investigate the cause of the violation and shall then submit an
amendment to the Quarterly Report, including a full explanation of the cause of the
violation, within 30 Days of the Day Defendants become aware of the cause of the
violation.
c. If Defendants violate,or have reason to believe that they may violate, any
requirement of this Consent Decree,Defendants shall notify the United States, EPA, and
the State, of such violation and its likely duration,in writing,within 15 business Days of
the Day Defendants first become aware of the violation, with an explanation of the
violation's likely cause and of the remedial steps taken, or to be taken, to prevent or
minimize such violation.
d. Nothing in this Paragraph or the following Paragraph relieves Defendants
of their obligation to provide the notice required by Section XIII (Force Majeure).
72. Whenever any violation of this Consent Decree or of any applicable permits or
any other event affecting the performance required of a Defendant under this Decree may pose
an immediate threat to the public health or welfare or the environment, the Defendant who
violated or became aware of the violation of this Consent Decree or of any applicable permit, or
whose performance is required under this Consent Decree, shall notify(i)the Chief of the Water
Compliance Branch for EPA Region 2 by telephone at(212) 637-4244 or by email to
mckenna.douglas@epa.gov, and (ii) the State by telephone at(518) 402-7650 or by email to
bpwsp@healthny.gov as soon as possible, but no later than 24 hours after the Defendant first
19 Page 78 of 231
knew of the violation or event. This procedure is in addition to the requirements set forth in the
preceding Paragraph.
73. Each report submitted by Defendants under this Section shall be signed by an
official of the submitting party and include the following certification:
I certify under penalty of perjury that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information,the information submitted is, to the best of my
knowledge and belief,true, accurate, and complete. I have no personal knowledge that
the information submitted is other than true, accurate, and complete. I am aware that
there are significant penalties for knowingly submitting false information, including the
possibility of fine and imprisonment for knowing violations.
74. This certification requirement does not apply to emergency or similar
notifications where compliance would be impractical, provided that in such instances a
certification shall be provided as soon as practicable thereafter.
75. The reporting requirements of this Consent Decree do not relieve Defendants of
any reporting obligations required by the Act or implementing regulations, or by any other
federal, state, or local law, regulation, permit, or other requirement.
76. Any information provided pursuant to this Consent Decree may be used by the
United States or the State in any proceeding to enforce the provisions of this Consent Decree and
as otherwise permitted by law.
77. Meetings and Reviews. The Parties shall meet and confer on at least a semi-
annual basis on February 1 and August 1 of each year,unless the Parties agree,in writing, to less
frequent progress meetings.
78. Throughout the term of this Consent Decree, a Party may wish to discuss issues
relating to the activities and the schedule of activities required by this Consent Decree, including,
but not limited to,the WJWW's management plans for the Filtration Plant;appropriate treatment
techniques,including emerging technologies related to filtration and disinfection; water quality
issues; and changes or proposed changes in drinking water standards or other federal or state
mandates. The Parties agree that, at the request of any Party, the other Parties shall discuss, at
the semi-annual progress meeting as provided for in Paragraph 77 or at a separately arranged
meeting, any issue or request relating to the activities and the schedule of activities required by
this Consent Decree which is raised by a Party. The Parties shall send to any such meeting
responsible and appropriate representatives to discuss and address the issues raised in good faith.
XII. STIPULATED PENALTIES
79. Defendants shall be liable for stipulated penalties to the United States and the
State for violations of this Consent Decree as specified below in this Paragraph and its
subparagraphs,unless excused under Section XIII(Force Majeure). A violation includes failing
20 Page 79 of 231
to perform any obligation required by the terms of this Decree, including any work plan or
schedule approved under this Decree,according to all applicable requirements of this Decree and
within the specified time schedules established or approved under this Decree.
a. If WJWW violates an obligation identified in this Section, it is responsible
to pay the penalty for that violation. If any Municipal Defendant(s)was (were)
responsible for that violation,including by failing to use best efforts to ensure that
WJWW met that obligation, such Municipal Defendant(s) is (are)jointly and
severally liable for the penalty.
b. The Town/Village of Harrison, and not the other Defendants, shall be
liable for its failure to issue the municipal bond resolution and take the other
actions required by Paragraph 60(a) above.
c. The Town of Mamaroneck, and not the other Defendants, shall be liable
for its failure to issue the municipal bond resolution and take the other actions
required by Paragraph 60(b) above.
d. The Village of Mamaroneck, and not the other Defendants, shall be liable
for its failure to issue the municipal bond resolution and take the other actions
required by Paragraph 60(c) above.
e. The Town/Village of Harrison, and not the other Defendants, shall be
liable for any stipulated penalties arising from undue delay in the review and
issuance of any necessary approval that must be issued by its Town Board.
f. Notwithstanding the allocation of liability for stipulated penalties in
Paragraph 79(a)-(e)above, each Defendant is independently obligated to perform
its responsibilities under this Consent Decree, regardless of the compliance or
performance of responsibilities of each other Defendant.
80. Late Payment of Civil Penalty to the United States. If WJWW and/or the
Municipal Defendants (as applicable pursuant to Paragraph 79) fails to pay the civil penalty
required to be paid to the United States under Paragraph 12 of Section VI(Civil Penalty) when
due,WJWW and/or the Municipal Defendants(as applicable pursuant to Paragraph 79)shall pay
a stipulated penalty of $750 per Day for each Day that the payment is late.
81. Late Payment of Civil Penalty to the State. If WJWW fails to pay the civil
penalty required to be paid to the State under Paragraph 15 of Section VI (Civil Penalty) when
due, WJWW and/or the Municipal Defendants (as applicable pursuant to Paragraph 79) shall
pay a stipulated penalty of $1,000 per Day for each Day that the payment is late.
82. Late Completion of Benefit Projects. Subject to Section XIII (Force Majeure), if
WJWW fails to comply with the requirements of Paragraph 17 when required under any
applicable schedules, WJWW and/or the Municipal Defendants (as applicable pursuant to
Paragraph 79) shall pay a stipulated penalty according to the schedule set forth below:
21 Page 80 of 231
Penalty per violation per day Period of non-compliance
$150 per Day 1st through 14th Day
$300 per Day 15th through 30th Day
$600 per Day 31st Day and beyond
83. Compliance Milestones. Subject to Section XIII (Force Majeure), the following
stipulated penalties shall accrue per violation per Day for each violation of the requirements
identified in Section VII:
Stipulated Penalties for Failure to Meet Period of non-compliance
Interim Milestones (Paragraphs 23-30)
per violation per day
$500 per Day 1st through 30th Day
$1,000 per Day 31st through 90th Day
$2,000 per Day 91st Day and beyond
Stipulated Penalties for Failure to Meet Period of non-compliance
Final Milestones (Paragraphs 31-32)
$1,000 per Day 1st through 60th Day
$2,000 per Day 61st Day to 120th Day
$3,000 per Day 121st Day through 365th Day
$4,000 per Day 366th Day and beyond
84. Interim Measures and Reporting and Meeting Requirements: Subject to Section
XIII (Force Majeure), the following stipulated penalties shall accrue per violation per Day for
each violation of the reporting requirements of Sections VIII and XI:
Penalty per violation per day Period of non-compliance
$250 per Day 1st through 14th Day
$500 per Day 15th through 30th Day
$1,000 per Day 31st Day and beyond
22 Page 81 of 231
85. Transfer of Ownership: If Defendants fail to: (a)provide a copy of this Consent
Decree to any proposed transferee; (b)provide written notice to the United States, EPA, and the
State at least 30 Days prior to any transfer of any portion of the Facility;or(c)provide a copy of
the proposed written agreement with the transferee as required by Paragraph 6, Defendants shall
pay a stipulated penalty of $10,000 per occurrence.
86. SEP Compliance:
a. Subject to Section XIII(Force Majeure),if Defendants fail to comply with
the milestones in the SEP Memo attached as Appendix D for implementing the SEP,
and/or if they fail to satisfactorily complete the SEP by the deadline set forth in
Paragraph 61 SEP, WJWW and/or the Municipal Defendants (as applicable pursuant to
Paragraph 79) shall pay stipulated penalties for each failure to meet an applicable
deadline, as follows:
Penalty per violation per day Period of non-compliance
$250 per Day 1st through 14th Day
$500 per Day 15th through 30th Day
$1,000 per Day 31st Day and beyond
b. Subject to Section XIII (Force Majeure), if Defendants fail to implement
the SEP, or halt or abandon work on the SEP, WJWW and/or the Municipal Defendants
(as applicable pursuant to Paragraph 79) shall pay a stipulated penalty of $1,200,000.
The penalty under this subparagraph shall accrue as of the date specified for completing
the SEP or the date performance ceases, whichever is earlier.
87. Except as provided in Paragraph 86(b), stipulated penalties under this Section
shall begin to accrue on the Day after performance is due or on the Day a violation occurs,
whichever is applicable, and shall continue to accrue until performance is satisfactorily
completed or until the violation ceases. Stipulated penalties shall accrue simultaneously for
separate violations of this Consent Decree.
88. WJWW and/or the Municipal Defendants (as applicable pursuant to Paragraph
79) shall pay any stipulated penalty within 30 Days of receiving the United States' written
demand, except for any stipulated penalty under Paragraphs 81 or 82. With respect to any
stipulated penalty under Paragraphs 81 or 82, WJWW and/or the Municipal Defendants (as
applicable pursuant to Paragraph 79) shall pay any such stipulated penalty within 30 Days of
receiving the State's written demand. The United States will copy the State on any demand for
payment of stipulated penalties, and the State shall copy the United States on any demand for
payment of stipulated penalties.
89. Either the United States or the State may, in the unreviewable exercise of its
discretion, reduce or waive stipulated penalties otherwise due it under this Consent Decree.
23 Page 82 of 231
90. Stipulated penalties shall continue to accrue as provided in Paragraph 86 during
any Dispute Resolution, but need not be paid until the following:
a. If the dispute is resolved(i)by agreement of the Parties, (ii) by a decision
or order of EPA that is not appealed to the Court, or (iii) in the event of a dispute solely
with NYSDOH, by a decision or order of NYSDOH that is not appealed to the Court,
Defendants shall pay accrued penalties determined to be owing, together with interest, to
the United States and the State within 30 Days of the effective date of the agreement or
the receipt of the United States' decision or order, or the NYSDOH decision or order, as
the case may be.
b. If the dispute is appealed to the Court and the United States or the State
prevails in whole or in part,Defendants shall pay all accrued penalties determined by the
Court to be owing, together with interest, within 60 Days of receiving the Court's
decision or order, except as provided in subparagraph c, below.
c. If any Party appeals the District Court's decision,Defendants shall pay all
accrued penalties determined to be owing, together with interest, within 15 Days of
receiving the final appellate court decision.
91. Except for stipulated penalties under Paragraphs 80, 81, 82, and 86, Defendants
shall pay 50 percent of the stipulated penalties owed under this Section XII to the United States
and 50 percent of the stipulated penalties owed under this Section XII to the State, unless the
State states that it will decline certain stipulated penalties, in which case Defendants shall pay
100 percent of those stipulated penalties to the United States. Defendants shall pay 100 percent
of the stipulated penalties under Paragraphs 80 and 86,if any, to the United States. Defendants
shall pay 100 percent of the stipulated penalties under Paragraphs 81 or 82, if any, to the State.
92. Defendants shall pay stipulated penalties owing to the United States in the manner
set forth in Paragraph 13 and with the confirmation notices required by Paragraph 14, except that
the transmittal letter shall state that the payment is for stipulated penalties and shall state for
which violation(s)the penalties are being paid. Defendants shall pay stipulated penalties owing
to the State in the manner set forth in Paragraph 16, except that the transmittal letter shall state,
in addition to the information required under Paragraph 16, that the payment is for stipulated
penalties and shall state for which violation(s) the penalties are being paid.
93. If Defendants fail to pay stipulated penalties according to the terms of this
Consent Decree, Defendants shall be liable for interest on such penalties, as provided for in
28 U.S.C. § 1961, accruing as of the date payment became due. Nothing in this Paragraph shall
be construed to limit the United States or the State from seeking any remedy otherwise provided
by law for Defendants' failure to pay any stipulated penalties.
94. The payment of penalties and interest, if any, shall not alter in any way
Defendants' obligation to complete the performance of the requirements of this Consent Decree.
95. Non-Exclusivity of Remedy. Stipulated penalties are not the United States' or the
State's exclusive remedy for violations of this Consent Decree. Subject to the provisions of
Section XVI (Effect of Settlement/Reservation of Rights), the United States and the State
24 Page 83 of 231
expressly reserve the right to seek any other relief one or both of them deems appropriate for
Defendants' violation of this Decree or applicable law, including but not limited to an action
against Defendants for statutory penalties, additional injunctive relief, mitigation or offset
measures, and/or contempt. However,the amount of any statutory or regulatory penalty assessed
for a violation of this Consent Decree shall be reduced by an amount equal to the amount of any
stipulated penalty assessed and paid pursuant to this Consent Decree.
96. The United States and the State may seek, and the Court has jurisdiction to grant,
equitable relief,in addition to stipulated penalties, to enforce the requirements of this Consent
Decree.
XIII. FORCE MAJEURE
97. "Force majeure," for purposes of this Consent Decree, is defined as any event
arising from causes beyond the control of Defendants, of any entity controlled by Defendants, or
of Defendants' contractors,that delays or prevents the performance of any obligation under this
Consent Decree despite a Defendant's best efforts to fulfill the obligation. The requirement that
Defendants exercise"best efforts to fulfill the obligation"includes using best efforts to anticipate
any potential force majeure event and best efforts to address the effects of any potential force
majeure event(a) as it is occurring and (b) following the potential force majeure, such that the
delay and any adverse effects of the delay are minimized. "Force Majeure" does not include a
Defendant's financial inability to perform an obligation under this Consent Decree.
98. If any event occurs or has occurred that may delay the performance of any
obligation under this Consent Decree, whether or not caused by a force majeure event,
Defendants shall provide notice by electronic mail to the United States, EPA, and the State, in
accordance with Section XVIII(Notices),within 5 business Days of when Defendants first knew
that the event might cause a delay. Within seven Days after the notice is sent, Defendants shall
provide in writing to the United States, EPA, and the State, in accordance with Section XVIII
(Notices), an explanation and description of the reasons for the delay;the anticipated duration of
the delay; all actions taken or to be taken to prevent or minimize the delay; a schedule for
implementation of any measures to be taken to prevent or mitigate the delay or the effect of the
delay;Defendants' rationale for attributing such delay to a force majeure event if they intend to
assert such a claim;and a statement as to whether,in the opinion of Defendants, such event may
cause or contribute to an endangerment to public health,welfare or the environment. Defendants
shall include with any notice all available documentation supporting the claim that the delay was
attributable to a force majeure event. Failure to comply with the above requirements shall
preclude Defendants from asserting any claim of force majeure for that event for the period of
time of such failure to comply,and for any additional delay caused by such failure. Defendants
shall be deemed to know of any circumstance of which Defendants, any entity controlled by
Defendants, or Defendants' contractors knew or should have known.
99. If EPA, after reasonable opportunity for review and comment by the State, agrees
that the delay or anticipated delay is attributable to a force majeure event, the time for
performance of the obligations under this Consent Decree that are affected by the force majeure
event will be extended by EPA, after a reasonable opportunity for review and comment by the
State,for such time as is necessary to complete those obligations. An extension of the time for
performance of the obligations affected by the force majeure event shall not, of itself, extend the
25 Page 84 of 231
time for performance of any other obligation. EPA will notify Defendants in writing of the
length of the extension,if any, for performance of the obligations affected by the force majeure
event and will provide a copy of the notification to the State.
100. If EPA, after a reasonable opportunity for review and comment by the State, does
not agree that the delay or anticipated delay has been or will be caused by a force majeure event,
EPA will notify Defendants in writing of its decision and will provide a copy of the notification
to the State.
101. If Defendants elect to invoke the dispute resolution procedures set forth in
Section XIV(Dispute Resolution),they shall do so no later than 21 Days after receipt of EPA's
notice. In any such proceeding, Defendants shall have the burden of demonstrating by a
preponderance of the evidence that the delay or anticipated delay has been or will be caused by a
force majeure event, that the duration of the delay or the extension sought was or will be
warranted under the circumstances, that best efforts were exercised to avoid and mitigate the
effects of the delay,and that Defendants complied with the requirements of Paragraphs 98 and
99. If Defendants carry this burden,the delay at issue shall be deemed not to be a violation by
Defendants of the affected obligation of this Consent Decree identified to the United States,
EPA, the State, and the Court.
102. If any legal action is brought after the Effective Date which might delay
performance of any of the milestones in this Consent Decree,Defendants shall provide notice of
the legal action by electronic mail to the United States, EPA, and the State, in accordance with
Section XVIII(Notices),within 5 business Days of when Defendants first become aware of the
action. The Parties shall meet and confer within a reasonable time thereafter to determine the
extent to which the action might delay performance of any of the milestones in this Consent
Decree, and whether removal of the action to this Court is appropriate and authorized by law. All
Parties reserve all rights to seek to remove or otherwise respond to such action as they may deem
appropriate, regardless of the views of the other Parties to this Consent Decree.
XIV. DISPUTE RESOLUTION
103. Unless otherwise expressly provided for in this Consent Decree, the dispute
resolution procedures of this Section shall be the exclusive mechanism to resolve disputes arising
under or with respect to this Consent Decree. Defendants' failure to seek resolution of a dispute
under this Section shall preclude Defendants from raising any such issue as a defense to an
action by the United States or the State to enforce any obligation of Defendants arising under this
Decree.
104. Informal Dispute Resolution. Any dispute subject to Dispute Resolution under
this Consent Decree shall first be the subject of informal negotiations. The dispute shall be
considered to have arisen when Defendants send the United States, EPA, and the State a written
Notice of Dispute. Such Notice of Dispute shall state clearly the matter in dispute. The period
of informal negotiations shall not exceed 45 Days from the date the dispute arises, unless that
period is modified by written agreement among all Parties. If the Parties cannot resolve a
dispute by informal negotiations, then the position advanced by the United States, after
consultation with the State, shall be considered binding unless, within 14 Days after the
26 Page 85 of 231
conclusion of the informal negotiation period, Defendants invoke formal dispute resolution
procedures as set forth below.
105. Formal Dispute Resolution. Defendants shall invoke formal dispute resolution
procedures,within the time period provided in the preceding Paragraph, by sending the United
States, EPA, and the State a written Statement of Position regarding the matter in dispute. The
Statement of Position shall include, but need not be limited to, any factual data, analysis, or
opinion supporting Defendants' position and any supporting documentation relied upon by
Defendants.
106. The United States and the State shall send Defendants their Statement of Position
within 45 Days of receipt of Defendants' Statement of Position. The United States' and State's
Statement of Position shall include, but need not be limited to, any factual data, analysis, or
opinion supporting that position and any supporting documentation relied upon by the United
States and the State. The United States' and State's Statement of Position is binding on
Defendants,unless Defendants file a motion for judicial review of the dispute in accordance with
the following Paragraph.
107. Judicial Dispute Resolution. Defendants may seek judicial review of the dispute
by filing with the Court and serving on the United States and the State, in accordance with
Section XVIII(Notices) of this Consent Decree, a motion requesting judicial resolution of the
dispute. The motion(a)must be filed within 21 Days of receipt of the United States' and State's
Statement of Position pursuant to the preceding Paragraph,unless the Court requires the filing of
a pre-motion letter before the filing of a motion,in which case the pre-motion letter must be filed
within such 21-Day period;(b)may not raise any issue not raised in informal dispute resolution
pursuant to Paragraph 104,unless the United States and the State raise a new issue of law or fact
in their Statement of Position;(c)shall contain a written statement of Defendants' position on the
matter in dispute,including any supporting factual data,analysis, opinion,or documentation,and
(d) shall set forth the relief requested and any schedule within which the dispute must be
resolved for orderly implementation of the Consent Decree.
108. The United States and the State shall respond to Defendants' motion within the
time period allowed by the Local Rules of this Court or any order of the Court. Defendants may
file a reply memorandum, as permitted by the Local Rules or any order of the Court.
109. Standard of Review
a. Disputes Concerning Matters Accorded Record Review. Except as
otherwise provided in this Consent Decree, in any dispute brought under Paragraph 104
pertaining to the adequacy or appropriateness of plans, procedures to implement plans,
schedules or any other items requiring approval by EPA or the State under this Consent
Decree;the adequacy of the performance of work undertaken pursuant to this Consent
Decree;and all other disputes that are accorded review on the administrative record under
applicable principles of administrative law, Defendants shall have the burden of
demonstrating,based on the administrative record, that the position of the United States
and/or the State is arbitrary and capricious or otherwise not in accordance with law.
27 Page 86 of 231
b. Other Disputes. Except as otherwise provided in this Consent Decree, in
any other dispute brought under Paragraph 104, Defendants shall bear the burden of
demonstrating that their position complies with this Consent Decree and better furthers
the objectives of the Consent Decree.
110. The invocation of dispute resolution procedures under this Section shall not, by
itself, extend,postpone, or affect in any way any obligation of Defendants under this Consent
Decree, unless and until final resolution of the dispute so provides. Stipulated penalties with
respect to the disputed matter shall continue to accrue from the first Day of noncompliance, but
payment shall be stayed pending resolution of the dispute as provided in Paragraph 90. If
Defendants do not prevail on the disputed issue,stipulated penalties shall be assessed and paid as
provided in Section XII (Stipulated Penalties).
XV. INFORMATION COLLECTION AND RETENTION
111. The United States, the State, and their representatives, including attorneys,
contractors, and consultants, shall have the right of entry into any facility covered by this
Consent Decree, at all reasonable times, upon presentation of credentials, to:
a. monitor the progress of activities required under this Consent Decree;
b. verify any data or information submitted to the United States or the State
in accordance with the terms of this Consent Decree;
c. obtain samples and, upon request, splits of any samples taken by
Defendants or their representatives, contractors, or consultants;
d. obtain documentary evidence,including photographs and similar data;and
e. assess Defendants' compliance with this Consent Decree.
112. Upon request, Defendants shall provide EPA and the State or their authorized
representatives splits of any samples taken by Defendants. Upon request, EPA and the State
shall provide Defendants splits of any samples taken by EPA or the State.
113. Until five years after the termination of this Consent Decree, Defendants shall
retain, and shall instruct their contractors and agents to preserve, all non-identical copies of all
documents,records,or other information (including documents,records, or other information in
electronic form)in their or their contractors' or agents' possession or control, or that come into
their or their contractors' or agents' possession or control, and that relate in any manner to
Defendants' performance of their obligations under this Consent Decree. This information-
retention requirement shall apply regardless of any contrary corporate or institutional policies or
procedures. At any time during this information-retention period, upon request by the United
States or the State, Defendants shall provide copies of any documents, records, or other
information required to be maintained under this Paragraph, subject to any applicable privilege
or immunity recognized by federal law.
28 Page 87 of 231
114. At the conclusion of the information-retention period provided in the preceding
Paragraph,Defendants shall notify the United States and the State at least 90 Days prior to the
destruction of any documents, records, or other information subject to the requirements of the
preceding Paragraph and,upon request by the United States or the State,Defendants shall deliver
any such documents,records, or other information to EPA or the State. Defendants may assert
that certain documents, records, or other information are privileged under the attorney-client
privilege or any other privilege or immunity recognized by federal law. If Defendants assert
such a privilege, they shall provide the following: (a) the title of the document, record, or
information;(b)the date of the document,record,or information; (c) the name and title of each
author of the document, record, or information; (d) the name and title of each addressee and
recipient; (e) a description of the subject of the document, record, or information; and (f) the
privilege asserted by Defendants. However,no documents,records, or other information created
or generated pursuant to the requirements of this Consent Decree shall be withheld on grounds of
privilege or immunity.
115. Defendants may also assert that information required to be provided under this
Section is protected as Confidential Business Information ("CBI")under 40 C.F.R. Part 2. As to
any information that Defendants seek to protect as CBI,Defendants shall follow the procedures
set forth in 40 C.F.R. Part 2.
116. This Consent Decree in no way limits or affects any right of entry and inspection,
or any right to obtain information, held by the United States or the State pursuant to applicable
federal or state laws,regulations, or permits,nor does it limit or affect any duty or obligation of
Defendants to maintain documents,records,or other information imposed by applicable federal
or state laws, regulations, or permits.
XVI. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS
117. This Consent Decree resolves only the civil claims of the United States for the
violations alleged in the Complaint in this action through the Date of Lodging.
118. This Consent Decree resolves only the civil claims of the State for the violations
alleged in the Complaint-In-Intervention in this action through the Date of Lodging, as well as
Defendants'liability under the State Court Judgment. For the avoidance of doubt, this Consent
Decree does not resolve any civil claims of the State that(a) are not alleged, respectively, in the
Complaint and the Complaint-in-Intervention, or (b) do not arise out of the State Court
Judgment.
119. The United States and the State reserve all legal and equitable remedies available
to enforce the provisions of this Consent Decree, except as expressly stated in Paragraphs 117
and 118. This Consent Decree shall not be construed to limit the rights of the United States or
the State to obtain penalties or injunctive relief under the Act or implementing regulations,
including but not limited to the Stage 2 DBPR, or under other federal, state, or local laws,
regulations, or permit conditions, including but not limited to the filtration requirements of the
State Sanitary Code, except as expressly specified in the preceding Paragraph. The United States
and the State further reserve all legal and equitable remedies to address any imminent and
substantial endangerment to the public health or welfare or the environment arising at, within, or
29 Page 88 of 231
posed by,the WJWW Water System,whether related to the violations addressed in this Consent
Decree or otherwise.
120. In any subsequent administrative or judicial proceeding initiated by the United
States or the State for injunctive relief, civil penalties, other appropriate relief relating to the
WJWW Water System, or Defendants' violations, Defendants shall not assert, and may not
maintain, any defense or claim based upon the principles of waiver, res judicata, collateral
estoppel,issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any
contention that the claims raised by the United States or the State in the subsequent proceeding
were or should have been brought in the instant case, except with respect to claims that have
been specifically resolved pursuant to Paragraphs 117 and 118.
121. This Consent Decree is not a permit, or a modification of any permit, under any
federal, State, or local laws or regulations. This Consent Decree is not, and shall not be
interpreted as, a waiver or variance from,or modification of, the SDWA, the Stage 2 DBPR, the
Public Health Law or the State Sanitary Code. For avoidance of doubt, nothing herein shall
relieve Defendants of their independent obligation to ensure that all drinking water delivered to
the WJWW Water System is in compliance with all National Primary Drinking Water
Regulations and other applicable federal, State and local laws, regulations and permits.
Defendants are responsible for achieving and maintaining complete compliance with all
applicable federal, State, and local laws, regulations, and permits; and Defendants' compliance
with this Consent Decree shall be no defense to any action commenced pursuant to any such
laws,regulations, or permits, except as set forth herein. The United States and the State do not,
by their consent to the entry of this Consent Decree, warrant or aver in any manner that
Defendants' compliance with any aspect of this Consent Decree will result in compliance with
provisions of the SDWA, 42 U.S.C. § 300f et seq., with the Stage 2 DBPR, or with any other
provisions of federal, State, or local laws, regulations, or permits, if applicable.
122. This Consent Decree does not limit or affect the rights of Defendants or of the
United States or the State against any third parties not party to this Consent Decree, nor does it
limit the rights of third parties not party to this Consent Decree, against Defendants, except as
otherwise provided by law.
123. This Consent Decree shall not be construed to create rights in, or grant any cause
of action to, any third party not party to this Consent Decree.
XVII. COSTS
124. The Parties shall bear their own costs of this action and any dispute resolution
proceeding instituted under Section XIV,including attorneys' fees, except that the United States
and the State shall be entitled to collect the costs (including attorneys' fees) incurred in any
action necessary to collect any portion of the civil penalty or any stipulated penalties due but not
paid by Defendants.
30 Page 89 of 231
XVIII.NOTICES
125. Unless otherwise specified in this Decree,whenever notifications, submissions, or
communications are required by this Consent Decree, they shall be made in writing and sent by
mail or email, with a preference for email, addressed as follows:
To the United States: Tomoko Onozawa
Samuel Dolinger
Assistant United States Attorneys
U.S.Attorney's Office,Southern District of New York
86 Chambers Street, 3rd Floor
New York, New York 10007
Email: tomoko.onozawa@usdoj.gov
samuel.dolinger@usdoj.gov
eescdcopy.enrd@usdoj.gov
Re: DJ # 90-5-1-1-12441
EES Case Management Unit
Environment and Natural Resources Division
U.S. Depaitment of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Re: DJ # 90-5-1-1-12441
To the EPA: Chief, Water Compliance Branch
Division of Enforcement and Compliance Assistance
U.S. Environmental Protection Agency, Region II
290 Broadway, 20th Floor
New York, NY 10007
Email: mckenna.douglas@epa.gov
Chief, Water and General Law Branch
Office of Regional Counsel
U.S. Environmental Protection Agency, Region II
290 Broadway, 16th Floor
New York,NY 10007
To the State/NYSDOH: Andrew G. Frank
Assistant Attorney General
New York State Attorney General's Office
28 Liberty Street, 19th Floor
New York, NY 10005
Email: andrew.frank@ag.ny.gov
Jessica Hall
New York State Department of Health
31 Page 90 of 231
Bureau of Litigation
Corning Tower, Room 2425
Empire State Plaza
Albany, NY 12237
Email: jessica.hall@health.ny.gov
New York State Depailment of Health
Bureau of Water Supply Protection
Attn: Kristine Wheeler, Director
Corning Tower, Room 1110
Empire State Plaza
Albany, NY 12237
Email: kristine.wheeler@health.ny.gov
To WJWW: Paul Kutzy, P.E.
Manager
Westchester Joint Water Works
1625 Mamaroneck Avenue
Mamaroneck, NY 10543
Email: pkutzy@wjww.com
Mary Polvere
Secretary to Board of Trustees
Westchester Joint Water Works
1625 Mamaroneck Avenue
Mamaroneck, New York 10543
Email: mpolvere@wjww.com
Lori Lee Dickson, Esq.
General Counsel to Westchester Joint Water Works
McCarthy Fingar LLP
711 Westchester Avenue, Suite 405
White Plains, NY 10604
Email: ldickson@mccarthyfingar.com
Philip E. Karmel Esq.
Special Counsel to Westchester Joint Water Works
Bryan Cave Leighton Paisner LLP
1290 Avenue of the Americas
New York, New York 10104
Email: philip.karmel@bclplaw.com
32 Page 91 of 231
To the Town/Village of Harrison: The Hon. Rich Dionisio
Supervisor/Mayor
Town/Village of Harrison
1 Heineman Place
Harrison, NY 10528
Email: rdionisio@harrison-ny.gov
Scott A. Resnik, Esq.
Special Counsel to Town/Village of Harrison
Katten Muchin Rosenman LLP
50 Rockefeller Plaza
New York, NY 10020-1605
Email: scott.resnik@katten.com
To the Town of Mamaroneck: The Hon. Jaine Elkind Eney
Supervisor
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
Email: supervisor@TownofmamaroneckNY.org
Robert Spolzino, Esq.
Special Counsel to Town of Mamaroneck
Abrams Fensterman, LLP
81 Main Street Suite 400
White Plains, New York 10601
Email: RSpolzino@Abramslaw.com
To the Village of Mamaroneck: The Hon. Sharon Torres
Mayor
Village of Mamaroneck
123 Mamaroneck Avenue
Mamaroneck, NY 10543
Email: storres@vomny.org
Robert Spolzino, Esq.
Special Counsel to Village of Mamaroneck
Abrams Fensterman, LLP
81 Main Street Suite 400
White Plains, New York 10601
Email: RSpolzino@Abramslaw.com
126. Any Party may,by written notice to the other Parties,change its designated notice
recipient or notice address provided above.
33 Page 92 of 231
127. Notices submitted pursuant to this Section shall be deemed submitted upon
mailing or transmission by email,unless otherwise provided in this Consent Decree or by mutual
agreement of the Parties in writing.
XIX. EFFECTIVE DATE
128. The Effective Date of this Consent Decree shall be the date upon which this
Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted,
whichever occurs first, as recorded on the Court's docket.
XX. RETENTION OF JURISDICTION
129. The Court shall retain jurisdiction over this case until termination of this Consent
Decree for the purpose of resolving disputes arising under this Decree (including any dispute
among Defendants as to their financial responsibility, vis-a-vis one another, for stipulated
penalties owed to the United States or the State), entering orders modifying this Decree, or
effectuating or enforcing compliance with the terms of this Decree.
XXI. MODIFICATION
130. The terms of this Consent Decree, including any attached appendices, may be
modified only by a subsequent written agreement signed by all the Parties or pursuant to
Paragraph 131 below. Where the modification constitutes a material change to this Decree, it
shall be effective only upon approval by the Court.
131. Any disputes concerning modification of this Decree shall be resolved pursuant to
Section XIV (Dispute Resolution), provided, however, that, instead of the burden of proof
provided by Paragraph 109,the Party seeking the modification bears the burden of demonstrating
that it is entitled to the requested modification in accordance with Federal Rule of Civil
Procedure 60(b).
XXII. TERMINATION
132. If Defendants have (i) maintained continuous satisfactory compliance with this
Consent Decree for the preceding twelve months, including those relating to the Benefit Projects
required by Paragraph 17, and the SEP required by Section X; (ii) operated a Filtration Plant in
compliance with and without any violations of the SDWA, the Stage 2 DBPR, the Public Health
Law and regulations promulgated thereunder, including the State Sanitary Code, continuously
for the preceding twelve months; and (iii)paid the civil penalty and any accrued stipulated
penalties as required by this Consent Decree,Defendants may serve upon the United States and
the State a Request for Termination, stating that Defendants have satisfied these requirements,
together with all necessary supporting documentation.
133. Following receipt by the United States and the State of Defendants' Request for
Termination,the Parties shall confer informally concerning the Request and any disagreement
that the Parties may have as to whether Defendants have satisfactorily complied with the
requirements for termination of this Consent Decree. If the United States and the State agree that
34 Page 93 of 231
the Decree may be terminated, the Parties shall submit, for the Court's approval, a joint
stipulation terminating the Decree.
134. If the United States and/or the State do not agree that the Decree may be
terminated, Defendants may invoke Dispute Resolution under Section XIV. However,
Defendants shall not seek Dispute Resolution of any dispute regarding termination until 60 Days
after service of their Request for Termination.
XXIII.PUBLIC PARTICIPATION
135. This Consent Decree shall be lodged with the Court for a period of not less than
30 Days for public notice and comment in accordance with 28 C.F.R. § 50.7. The United States
reserves the right to withdraw or withhold its consent if the comments received disclose facts or
considerations which indicate that this Consent Decree is inappropriate,improper or inadequate,
and the State reserves the right to withdraw or withhold consent if the United States withdraws or
withholds consent and/or comments received disclose facts or considerations which indicate that
this Consent Decree is inconsistent with state law. Defendants consent to entry of this Consent
Decree without further notice and agree not to withdraw from or oppose entry of this Consent
Decree by the Court or to challenge any provision of the Decree,unless the United States and/or
the State have notified Defendants in writing that it no longer supports (or they no longer
support) entry of the Decree.
XXIV.SIGNATORIES/SERVICE
136. Each undersigned representative of Defendants,the State, and the Depailment of
Justice certifies that he or she is fully authorized to enter into the terms and conditions of this
Consent Decree and to execute and legally bind the Party he or she represents to this document.
137. This Consent Decree may be signed in counterparts, and its validity shall not be
challenged on that basis. Defendants agree to accept service of process by mail with respect to
all matters arising under or relating to this Consent Decree and to waive the formal service
requirements set forth in Rules 4 and 5 of the Federal Rules of Civil Procedure and any
applicable Local Rules of this Court including, but not limited to, service of a summons.
Defendants need not file answers to the Complaint and Complaint-in-Intervention in this action
unless or until the Court expressly declines to enter this Consent Decree.
XXV. INTEGRATION
138. This Consent Decree, including deliverables that are subsequently approved
pursuant to this Decree,constitutes the entire agreement among the Parties regarding the subject
matter of the Decree and supersedes all prior representations, agreements and understandings,
whether oral or written, concerning the subject matter of the Decree herein. Other than such
deliverables or appendices or schedules made part of this Consent Decree, no other document,
nor any representation,inducement, agreement,understanding or promise constitutes any part of
this Consent Decree or the settlement it represents,nor shall it be used in construing the terms of
this Consent Decree. Upon the Effective Date, this Consent Decree supersedes the November
26, 2019, EPA administrative order addressed to WJWW.
35 Page 94 of 231
XXVI.26 U.S.C. § 162(f)(2)(A)(ii) IDENTIFICATION
139. For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the
Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii), and 26 C.F.R. § 1.162-21(b)(2),
performance of the obligations of Sections VII through IX is restitution,remediation, or required
to come into compliance with law.
XXVII. HEADINGS
140. Headings to the Sections and Subsections of this Consent Decree are provided for
convenience and do not affect the meaning or interpretation of the provisions of this Consent
Decree.
XXVIII. FINAL JUDGMENT
141. Upon approval and entry of this Consent Decree by the Court, this Consent
Decree shall constitute a final judgment of the Court as to the United States, the State, and
Defendants.
XXIX.APPENDICES
142. The following Appendices are attached to and part of this Consent Decree:
Appendix A: Quarry Heights Benefit Project Information
Appendix B: Flushing Protocol
Appendix C: Source Water Monitoring Plan
Appendix D: SEP Memo
Dated and entered this_ day of , 20
UNITED STATES DISTRICT JUDGE
Dated:
36 Page 95 of 231
FOR THE UNITED STATES OF AMERICA:
Dated:
DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
By:
SAMUEL DOLINGER
TOMOKO ONOZAWA
Assistant United States Attorneys
86 Chambers Street, 3rd Floor
New York, New York 10007
Tel.: (212) 637-2677/2721
samuel.dolinger@usdoj.gov
tomoko.onozawa@usdoj.gov
37 Page 96 of 231
FOR THE U.S. ENVIRONMENTAL PROTECTION AGENCY:
Dated:
ROSEMARIE KELLEY
Office Director
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
OF COUNSEL:
Chrisna Baptista
Attorney Advisor, Water Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
38 Page 97 of 231
FOR THE U.S. ENVIRONMENTAL PROTECTION AGENCY:
Dated:
PAUL SIMON
Regional Counsel
U.S. Environmental Protection Agency, Region 2
290 Broadway
New York,New York 10007
OF COUNSEL:
Phyllis S. Kaplan Feinmark
Chief, Water and General Law Branch
Office of Regional Counsel
U.S. Environmental Protection Agency, Region 2
290 Broadway
New York,New York 10007
39 Page 98 of 231
FOR THE STATE OF NEW YORK and JAMES V. McDONALD, as COMMISSIONER of the
NEW YORK STATE DEPARTMENT OF HEALTH:
Dated:
LETITIA JAMES
Attorney General of the State of New York
By:
ANDREW J. GERSHON
ANDREW G. FRANK
Assistant Attorneys General
N.Y.S. Attorney General's Office
28 Liberty Street, 19th Floor
New York, New York 10005
Tel.: (212) 416-8474/8271
andrew.gershon@ag.ny.gov
andrew.frank@ag.ny.gov
40 Page 99 of 231
FOR DEFENDANT WESTCHESTER JOINT WATER WORKS:
Dated:
Paul Kutzy, P.E.
Manager
Westchester Joint Water Works
1625 Mamaroneck Avenue
Mamaroneck, NY 10543
Approved as to Form:
Dated:
McCarthy Fingar LLP
By:
Lori Lee Dickson
711 Westchester Avenue, Suite 405
White Plains, NY 10604
Telephone: 914-385-1023
Email: ldickson@mccarthyfingar.com
General Counsel to Westchester Joint Water Works
Dated:
Bryan Cave Leighton Paisner LLP
By:
Philip E. Karmel
1290 Avenue of the Americas
New York,New York 10104
Telephone: 212-541-2311
Email: pekarmel@bclplaw.com
Attorneys for Defendant Westchester Joint Water Works
41 Page 100 of 231
FOR DEFENDANT TOWN/VILLAGE OF HARRISON:
Dated:
The Hon. Rich Dionisio
Supervisor/Mayor
Town/Village of Harrison
1 Heineman Place
Harrison, NY 10528
Email: rdionisio@harrison-ny.gov
Approved as to Form:
Dated:
Katten Muchin Rosenman LLP
By:
Scott A. Resnik
50 Rockefeller Plaza
New York,NY 10020-1605
Telephone: 212.940.8543
Email: scott.resnik@katten.com
Attorneys for Defendant Town/Village ofHarrison
42 Page 101 of 231
FOR DEFENDANT TOWN OF MAMARONECK:
Dated:
The Hon. Jaine Elkind Eney
Supervisor
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
Email: supervisor@TownofmamaroneckNY.org
Approved as to Form:
Dated:
Abrams Fensterman, LLP
By:
Robert Spolzino
81 Main Street Suite 400
White Plains, New York 10601
Telephone: 914-607-7102
Email: RSpolzino@Abramslaw.com
Attorneys for Defendant Town of Mamaroneck
43 Page 102 of 231
FOR DEFENDANT VILLAGE OF MAMARONECK:
Dated:
The Hon. Sharon Torres
Mayor
Village of Mamaroneck
123 Mamaroneck Avenue
Mamaroneck, NY 10543
Email: storres@vomny.org
Approved as to Form:
Dated:
Abrams Fensterman, LLP
By:
Robert Spolzino
81 Main Street Suite 400
White Plains, New York 10601
Telephone: 914-607-7102
Email: RSpolzino@Abramslaw.com
Attorneys for Defendant Village of Mamaroneck
44 Page 103 of 231
o
ul `" m Town of Mamaroneck
Town Center
FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: Fire Claims
Date: May 22, 2024
Action Requested:
Resolved that the Board of Fire Commissioners hereby approves the attached list of fire
claims.
Page 104 of 231
u_rt1;' 'rn Town of Mamaroneck
Comptroller, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
Date: May 22, 2024
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: Fire Claims
General:
Attached is the list of fire claims for approval.
Attachment/s:
FIRE CLAIMS 5-22-24
Page 105 of 231
Town of Mamaroneck
From: Tracy Yogman -Town Comptrollert�.
Re: Fire Claims
Date: May 22, 2024
The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the
Comptroller's Office for payment:
VENDOR DESCRIPTION Amount
AAA Emergency Supply Co., Inc Annual Calibration serial #86101287 $ 945.00
Clean Air Co., Inc. Repair of Diesel Exhaust system $ 734.21
Con Edison Fire HQ gas service 3/28-4/26/24 $ 881.47
FireCompanies.Com Platinum Package-web hosting 5/1/2024 209.97
T-Shirts/job shirts with logo- Plachta, Bigam, Dorzbacher,J. Hecker,
Galls, LLC Napolitano, 685.08
Sound Shore Pest Control Exterminating services 4/25/24 70.00
Strategic Safety Dynamics LLC Repair to hydrafusion pump 375.65
Tony's Nursery Inc. Propane for grill 2/16/24 119.96
UniFirst Corporation Cleaning supplies 5/3, 5/10/24 343.38
Villa Maria Pizza Food for Fast Drill 4/30/24 50.97
Village Pizza&Pasta Food for Engine CO Ops 5/01/24 96.75
WJWW 6" Metered Fire Service 3/26-4/25/24 37.00
WJWW 205 Weaver ST charges 3/24-4/24/24 195.67
Total $ 4,745.11
Page 106 of 231
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Authorization to Enter into a Consent Decree Regarding WJWW
Date: May 22, 2024
Attached is memo from Robert Spolzino regarding a proposed consent decree with respect to the
claims asserted by the New York State Department of Health against Westchester Joint Water Works
(WJWW), the Town of Mamaroneck and various other municipalities in Westchester County. The
settlement was approved by the WJWW Board of Directors on April 30, 2024 and they are now
seeking approval from the Town Board. If approved, the Town of Mamaroneck would be responsible
for 16.7% of the expenses incurred to resolve claims against WJWW under the Safe Drinking Water
Act and Public Health Law.
Action Requested:
NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the consent
decree; and it be further
RESOLVED, that the Town Board authorizes and directs the Supervisor to execute the
agreement and the Town Administrator to undertake such administrative acts as may be
required to enter into and effectuate the consent decree.
Attachment/s:
Settlement memo To Town Board 2024.05.17-TY revisions
Town Board Settlement Resolution (003)
WJWW Proposed Consent Decree (April 19 2024) (clean - for signature)
Page 107 of 231
AF
White Plains
81 Main Street, Suite 400
White Plains, NY 10601
ABRAMS FENSTERMAN, LLP 914.607.7010 I P
ATTORNEYS AT LAW Long Island •Brooklyn •White Plains • Rochester •Albany
TO: Supervisor Eney and the Town Board
FROM: Robert A. Spolzino, Esq.
RE: United States Environmental Protection Agency v. Westchester Joint Water
Works
DATE: May 17, 2024
CC: Town Administrator Meredith Robson
Town Comptroller Tracy Yogman
The purpose of this memorandum is to present to the Town Board for approval the proposed
consent decree with respect to the claims asserted by the United States Environmental Protection
Agency (EPA) and the New York State Department of Health against Westchester Joint Water
Works (WJWW), the Village of Mamaroneck, the Town of Mamaroneck, and the Town/Village
of Harrison. The claims allege, as discussed more fully below, violations of the Safe Drinking
Water Act and Public Health Law.
The settlement requires WJWW to construct a filtration plant, pay civil penalties, and fund
three environmental benefit projects. On April 8, 2024, the Westchester County Board of
Legislators approved the land exchange with WJWW that is necessary to the construction of the
filtration plant. On April 30, 2024, the WJWW Board of Directors approved the settlement.
As you may recall, this matter arises from enforcement actions by DOH and EPA against
WJWW under the New York State Sanitary Code and the United States Safe Drinking Water Act,
respectively.DOH obtained a judgment from the New York State Supreme Court in 2004 requiring
WJWW to construct a water filtration plant by 2007 or pay daily penalties. The filtration plant has
never been built(not for lack of effort by WJWW) and the penalties now amount to more than $70
million. In 2019, EPA issued an administrative order finding that WJWW was in violation of the
Safe Drinking Water Act for failing to comply with the maximum contaminant level for five
regulated haloacetic acids and requiring that WJWW construct a water filtration plant. EPA has
since referred the violations to the United States Attorney for the Southern District of New York
for enforcement. The potential penalties are in the tens of millions of dollars. WJWW's counsel,
along with counsel for the Town/Village of Harrison, and our firm, as counsel for the Village of
Mamaroneck and the Town of Mamaroneck,have been negotiating for more than a year with the
United States Attorney's Office and the New York Attorney General's office to reach the
resolution set forth in the proposed consent decree.
Page 108 of 231
A
F
The proposed consent decree would require WJWW to cure the violations and satisfy all
outstanding penalty obligations by building the filtration plant, paying civil penalties, and paying
for three environmental benefit projects. A copy of the proposed consent decree is attached. As
you know, the Village of Mamaroneck, the Town of Mamaroneck and the Town/Village of
Harrison are each proportionately responsible for their share of WJWW's expenses (presumably
from water revenues), which would include the cost of complying with the consent decree. The
proportionate shares are based on water consumption, as follows: Town/Village of Harrison,
55.6%; Village of Mamaroneck, 27.7%; Town of Mamaroneck 16.7%. The specific obligations
that would be imposed by the consent decree are as follows:
• Build the filtration plant, the current estimated cost according to WJWW is $175 million.
WJWW has been awarded a state grant in the amount of $30 million toward this cost.
Assuming the grant funds are received (and the cost of the plant is not greater than
anticipated), the Town's share would be approximately $24.6 million. The consent decree
requires that WJWW obtain the land use approvals for the filtration plant from the
Town/Village of Harrison by November, 2024; obtain all permits necessary for the
construction of the filtration plant by March 8, 2025; complete the acquisition of the site
for the filtration plant from Westchester County by April 20, 2025; advertise for bids for
construction of the filtration plant by May 1, 2025; award the contract for construction of
the filtration plant by September 2, 2025; complete construction of the filtration plant by
March 1, 2029; and commence operation of the filtration plant by July 1, 2029.
• Pay a civil penalty to the United States in the amount of$600,000.The Town's share would
be $100,200. Payment of this amount by the Town to WJWW would be due 50 days after
the decree is entered by the Court,which would likely be sometime in the fourth quarter of
2024.
• Pay a civil penalty to New York State in the amount of$650,000. The Town's share would
be $108,550. Payment of this amount by the Town to WJWW would be due 50 days after
the decree is entered by the Court,which would likely be sometime in the fourth quarter of
2024.
• Pay for an environmental benefit project—improving the quality of storm water entering
the Kensico Reservoir—as required by the United States Government at an estimated cost
of $900,000 or simply pay $1.2 million to the United States Government in lieu of
completing the environmental benefit project. The Town's share would be $150,300 or
$200,400, depending on which approach is taken. That project would have to be paid for
as it is implemented over four and a half years,unless WJWW opts to pay the$1.2 million,
which would be due sooner.
• Pay for two environmental benefit projects required by New York State—a new water main
serving the Quarry Heights neighborhood of the Town of North Castle at a cost of $1.1
million and a lead service line replacement program at a cost of$5.7 million —for a total
of$6.8 million. The Town's share would be approximately $1,135,600. Payment would be
due as the projects are implemented over six years. EPA has recently noticed for public
2
Page 109 of 231
A
F
comment a rule that, if promulgated,would require WJWW to replace lead service lines in
the future.
3
Page 110 of 231
RESOLUTION RE:
AUTHORIZATION TO ENTER INTO CONSENT DECREE WITH THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY AND THE NEW YORK STATE
DEPARTMENT OF HEALTH REGARDING WESTCHESTER JOINT WATERWORKS
WHEREAS, a proposed consent decree with respect to the claims asserted by the United States
Environmental Protection Agency and the New York State Department of Health against Westchester
Joint Water Works("WJWW"),the Village of Mamaroneck,the Town of Mamaroneck, and the
Town/Village of Harrison,has been duly presented to the Town Board of the Town of Mamaroneck for its
consideration at its meeting on May 22,2024; and
WHEREAS,the proposed consent decree resolves claims against WJWW under the United States Safe
Drinking Water Act and the New York State Public Health Law; and
WHEREAS,the proposed consent decree requires WJWW to construct a filtration plant,pay civil
penalties, and fund three environmental benefit projects over a period of approximately six years; and
WHEREAS,on April 30,2024,the WJWW Board of Directors approved the consent decree; and
WHEREAS,the Town of Mamaroneck is responsible for its proportionate share (16.7%)based on water
consumption of WJWW's expenses,including the cost of complying with the consent decree; and
WHEREAS,the Town's obligations,if it were to enter into the consent decree, are as set forth in the
consent decree and as summarized in the accompanying memorandum of the Town's special counsel,
Abrams Fensterman,LLP,dated May 17,2024; and
WHEREAS,the Town Board has duly considered the proposed consent decree,
NOW,THEREFORE,BE IT RESOLVED,that the Town Board approves the consent decree; and it be
further
RESOLVED,that the Town Board authorizes and directs the Supervisor to execute the agreement and the
Town Administrator to undertake such administrative acts as may be required to enter into and effectuate
the consent decree.
Page 111 of 231
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
STATE OF NEW YORK and JAMES V. MCDONALD, as
COMMISSIONER of the NEW YORK STATE
DEPARTMENT OF HEALTH, 24 Civ.
Plaintiffs-Intervenors, CONSENT DECREE
-v-
WESTCHESTER JOINT WATER WORKS,
TOWN/VILLAGE OF HARRISON, VILLAGE OF
MAMARONECK, and TOWN OF MAMARONECK,
Defendants.
Page 112 of 231
TABLE OF CONTENTS
L JURISDICTION AND VENUE 1
II. APPLICABILITY 2
III. DEFINITIONS 2
IV. OBJECTIVES 6
V. ADMISSIONS 6
VI. CIVIL PENALTY 7
VII. INJUNCTIVE RELIEF: FILTRATION PLANT 10
VIII. INJUNCTIVE RELIEF: INI'ERIMMEASURES 13
IX. INJUNCTIVE RELIEF: MUNICIPAL DEFENDANTS 15
X. SUPPLEMENTAL ENVIRONMENTAL PROJECT 17
XI. REPORTING AND MEETING REQUIREMENTS 18
XII. STIPULATED PENAL I lLS 20
XIII. FORCE MAJEURE 25
XIV. DISPUTE RESOLUTION 26
XV. INFORMATION COLLECTION AND RE I'ENTION 28
XVI. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS 29
XVII. COSTS 30
XVIII. NOTICES 31
XIX. EFFECTIVE DAI'E 34
XX. RE I'ENTION OF JURISDICTION 34
XXI. MODIFICATION 34
XXII. TERMINATION 34
XXIII. PUBLIC PARTICIPATION 35
XXIV. SIGNATORIES/SERVICE 35
XXV. INTEGRATION 35
XXVI. 26 U.S.C. § 162(F)(2)(A)(II)IDENTIFICATION 36
XXVII.HEADINGS 36
XXVIII.FINAL JUDGMENT 36
XXIX. APPENDICES 36
Page 113 of 231
WHEREAS, Plaintiff the United States of America ("United States"), on behalf of the
United States Environmental Protection Agency ("EPA"), filed a Complaint(the "Complaint")
against Westchester Joint Water Works ("WJWW"), the Town/Village of Harrison, the Village
of Mamaroneck, and the Town of Mamaroneck (the "Municipal Defendants" and, collectively
with WJWW, "Defendants")alleging that Defendants have violated and continue to violate the
Safe Drinking Water Act("SDWA" or the "Act"), 42 U.S.C. § 300f et seq., EPA's Stage 2
Disinfectants and Disinfection Byproducts Rule ("Stage 2 DBPR"), and an EPA administrative
order;
WHEREAS, the Complaint alleges that Defendants failed to ensure that the water system
(the "WJWW Water System") owned and operated by Defendants, which supplies drinking
water to approximately 120,000 Westchester residents, complies with federal limits for certain
disinfection byproducts, specifically for five regulated haloacetic acids ("HAAS"), and have
failed to implement necessary corrective actions,including building a filtration plant required by
an EPA administrative order, to ensure long-term protection for recipients of WJWW's water;
WHEREAS, Plaintiff-Intervenors State of New York and the Commissioner of the New
York State Department of Health (collectively, the "State") filed a Complaint in Intervention
(the"Complaint-in-Intervention")in this action alleging that WJWW has violated and continues
to violate the state Public Health Law,implementing regulations in the State Sanitary Code, and
a judgment entered in state Supreme Court, Westchester County, for failure to construct and
operate a filtration plant;
WHEREAS, the United States, the State, and Defendants (collectively, the "Parties")
recognize, and the Court by entering this Consent Decree finds, that this Consent Decree has
been negotiated by the Parties in good faith and will avoid litigation among the Parties; that this
Consent Decree is a fair and reasonable settlement of the claims asserted by the United States, as
specifically set forth in the Complaint; that the Consent Decree is a fair and reasonable
settlement of the claims asserted by the State, as set forth in the Complaint-in-Intervention; and
that this Consent Decree is fair, reasonable, and in the public interest;
NOW, THEREFORE, with the consent of the Parties, it is hereby ORDERED,
ADJUDGED, and DECREED as follows:
I. JURISDICTION AND VENUE
1. This Court has jurisdiction over the subject matter of the Complaint pursuant to
42 U.S.C. § 3 00g-3(b)and 28 U.S.C. §§ 1331, 1345 and 1355,and personal jurisdiction over all
the parties to this action. This Court has supplemental jurisdiction over the Complaint-in-
Intervention pursuant to 28 U.S.C. § 1367.
2. Venue is proper pursuant to 28 U.S.C. §§ 139 1(b) and (c) and 1395(a) because
Defendants reside and are located in this District, and the violations alleged in the Complaint and
Complaint-in-Intervention occurred in, and Defendants conduct business and are found in, this
District.
3. For purposes of this Consent Decree, or any action or proceeding to enforce this
Consent Decree,Defendants consent to venue in the Southern District of New York and to this
Page 114 of 231
Court's jurisdiction over this Consent Decree, over any such action or proceeding, and over
Defendants.
4. For purposes of this Consent Decree,Defendants agree that the Complaint states a
claim upon which relief maybe granted pursuant to the SDWA,42 U.S.C. § 300g-3(b), and that
the Complaint-in-Intervention states a claim upon which relief may be granted pursuant to New
York Public Health Law§§ 225,228 and 229 and Part 5, Subpart 5.1 of the State Sanitary Code,
10 New York Codes, Rules and Regulations ("N.Y.C.R.R.") §§ 5-1.1 to 5-1.100.
II. APPLICABILITY
5. The obligations of this Consent Decree apply to and are binding upon the United
States and the State and upon Defendants, and any successors, assigns, or other entities or
persons otherwise bound by law.
6. No transfer of ownership or operation of WJWW or the WJWW Water System, or
any part thereof,whether in compliance with the procedures of this Paragraph or otherwise, shall
relieve Defendants of their obligation to ensure that the terms of the Consent Decree are
implemented. At least 30 Days prior to such transfer, Defendants shall provide a copy of this
Consent Decree to the proposed transferee and shall simultaneously provide written notice of the
prospective transfer, together with a copy of the proposed written agreement, to the United
States,EPA, and the State, in accordance with Section XVIII(Notices). Any attempt to transfer
ownership or operation of WJWW or the WJWW Water System without complying with this
Paragraph constitutes a violation of this Decree.
7. Defendants shall provide a copy of this Consent Decree to all officers, employees,
and agents whose duties might reasonably include compliance with any provision of this Decree,
as well as to any contractor retained to perform work required under this Consent Decree.
Defendants shall condition any such contract upon performance of the work in conformity with
the terms of this Consent Decree.
8. In any action to enforce this Consent Decree, no Defendant shall raise as a
defense the failure of any of its board members, officers, employees, agents, or contractors to
take any actions necessary to comply with the provisions of this Consent Decree; however,
nothing in this Paragraph shall limit the scope of the provisions of Section XIII (Force Majeure).
III. DEFINITIONS
9. Terms used in this Consent Decree that are defined in the SDWA or in regulations
promulgated pursuant to the Act, including but not limited to the Stage 2 DBPR, have the
meanings assigned to them in the Act or such regulations, unless otherwise provided in this
Decree. Whenever the terms set forth below are used in this Consent Decree, the following
definitions apply:
a. "Complaint" shall mean the complaint filed by the United States in this
action;
b. "Complaint-in-Intervention"shall mean the complaint in intervention filed
by the State in this action;
2 Page 115 of 231
c. "Consent Decree" or"Decree" shall mean this Consent Decree and all
appendices attached hereto(listed in Section XXIX), and all modifications made effective
in accordance with Section XXI.
d. "Contractor Permits" shall mean the filings, permits and approvals to be
obtained by the Filtration Plant construction contractor. These are anticipated to include
the following: (i) EPA — Spill Prevention, Control and Countermeasure Plan; (ii)New
York State Depaitment of Environmental Conservation — Waste Transporter Permit and
EPA Identification Number; (iii)New York State Depaitment of Environmental
Conservation—Hazardous Substance Bulk Storage Registration (Chemical Bulk Storage
Registration) and Petroleum Bulk Storage (Petroleum Bulk Storage Registration);
(iv)New York State Department of Transportation — Divisible Load Overweight Permit
(Form PERM 92) Restricted Vehicle permit; (v)New York State Department of
Transportation — Special Hauling Permit(Form PERM 39-1 or 39-2); (vi)New York
State Depaitment of Labor— Inspection Request for Boiler; (vii) WCDOH— Backflow
Prevention Device Approval;(viii)Town/Village of Harrison Building Depaitment—Fire
Safety Inspection; (ix) Town/Village of Harrison Building Depaitiuent— Operating
Permit; (x) Town/Village of Harrison Building Department— Electrical Permits;
(xi) Town/Village of Harrison Building Department—Plumbing Permits; (xii)
Town/Village of Harrison Building Depaitment— Temporary Structure/Temporary
Storage/Construction Debris Permit; (xiii) Town/Village of Harrison Building
Depaitment—Truck Permit;and(xiv) Town/Village of Harrison Building Depaitment—
Application for Certificate of Occupancy.
e. "County" shall mean the County of Westchester, New York, and any
successors or assigns.
f. "Date of Lodging" shall mean the date this Consent Decree is filed for
lodging with the Clerk of the Court for the United States District Court for the Southern
District of New York.
g. "Day"shall mean a calendar day unless expressly stated to be a business
day. In computing any period of time under this Consent Decree, where the last day
would fall on a Saturday, Sunday, or federal holiday, the period shall run until the close
of business of the next business day.
h. "Defendants" shall mean the WJWW, the Town/Village of Harrison, the
Village of Mamaroneck, and the Town of Mamaroneck, and any successors or assigns.
i. "Documents"shall be defined in accordance with Local Civil Rule 26.3 of
the Local Rules of the United States District Court for the Southern District of New York.
j. "Effective Date" shall have the definition provided in Section XIX.
k. "EPA" shall mean the United States Environmental Protection Agency
and any of its successor departments or agencies.
3 Page 116 of 231
1. "HAAS"shall mean the following five haloacetic acids:monochloroacetic
acid, dichloroacetic acid,trichloroacetic acid,monobromoacetic acid, and dibromoacetic
acid.
m. "Filtration Plant"refers to a plant providing for filtration and disinfection
of all water from Rye Lake entering into the WJWW Water System drinking water
distribution system with the "best available technology" for achieving compliance with
the maximum contaminant levels for disinfection byproducts and with all applicable
requirements of Part 5, Subpart5.1 of the State Sanitary Code, 10 N.Y.C.R.R. §§ 5-1.1 to
5-1.100.
n. "LRAA" shall mean "locational running annual averages" as defined in
the Stage 2 DBPR, 40 C.F.R. § 141.620.
o. "MCL" shall mean a maximum contaminant level under the SDWA.
p. "Municipal Cost Share for the Town/Village of Harrison"shall mean 55.6
percent(the percentage calculated by dividing the gallons of water supplied by WJWW
within the Town/Village of Harrison by the gallons of water supplied by WJWW within
the Municipal Defendants,as recited in the WJWW Resolution approved December 17,
2019).
q. "Municipal Cost Share for the Town of Mamaroneck" shall mean 16.7
percent(the percentage calculated by dividing the gallons of water supplied by WJWW
within the Town of Mamaroneck, not including the Village of Mamaroneck, by the
gallons of water supplied by WJWW within the Municipal Defendants, as recited in the
WJWW Resolution approved December 17, 2019).
r. "Municipal Cost Share for the Village of Mamaroneck" shall mean 27.7
percent(the percentage calculated by dividing the gallons of water supplied by WJWW
within the Village of Mamaroneck by the gallons of water supplied by WJWW within the
Municipal Defendants, as recited in the WJWW Resolution approved December 17,
2019).
s. "Municipal Defendants" shall mean the Town/Village of Harrison, the
Village of Mamaroneck, and the Town of Mamaroneck.
t. "Notice to Proceed" shall mean written notice from WJWW and/or
Defendants to the persons responsible for construction of the Filtration Plant.
u. "NYSDOH" shall mean the New York State Depailtuent of Health and
any of its successor departments or agencies.
v. "Paragraph"shall mean a portion of this Consent Decree identified by an
Arabic numeral.
w. "Parties" shall mean the United States, the State, and Defendants.
x. "Plaintiffs" shall mean the United States and the State.
4 Page 117 of 231
y. "Public Health Law"shall mean the New York Public Health Law §§ 1 to
5003.
z. "SDWA" shall mean the Safe Drinking Water Act, 42 U.S.C. §§ 300f to
300j-27.
aa. "Section" shall mean, except when citing a provision of the SDWA or
other statute or regulation, a portion of this Consent Decree identified by a Roman
numeral.
bb. "Site Preparation"shall mean the first construction contract(s) or phase(s)
for the Filtration Plant. Site Preparation shall, unless not needed for the Filtration Plant,
include provision of temporary construction management facilities (such as trailers,
offices,fencing and site security); construction of temporary service and access roads;
site clearing and grubbing;demolition and removal of existing structures; rough grading;
and provision of temporary electrical and other utilities.
cc. "Stage 2 DBPR" shall mean the Stage 2 Disinfectants and Disinfection
Byproducts Rule, 71 Fed. Reg. 388,394 (Jan. 4,2006) (codified in scattered sections of
40 C.F.R.).
dd. "State" means the State of New York and the Commissioner of the New
York State Depaitment of Health.
ee. "State Court Judgment" shall mean the Judgment on Severed First Cause
of Action of the New York State Supreme Court for Westchester County dated June 9,
2004,in the civil action State ofNew York and Antonia C. Novello, M.D., M.P.H., in her
capacity as Commissioner of the New York State of Health v. Westchester Joint Water
Works, Index No. 13364-99.
ff. "State Sanitary Code" shall mean the NYSDOH regulations codified at 10
N.Y.C.R.R. §§ 1.1 to 24-2.3.
gg. "TTHM" shall mean total trihalomethanes, including the following
trihalomethanes: chloroform, bromodichloromethane, dibromochloromethane, and
bromoform.
hh. "WCDOH" shall mean the Westchester County Department of Health.
ii. "WJWW" shall mean Westchester Joint Water Works, a joint municipal
water works formed as a public benefit corporation pursuant to New York State law.
jj. "WJWW Water System"means the public water system, as defined in 42
U.S.C. § 300f(4)(A) and 10 N.Y.C.R.R. § 5-1.1(cb), owned and/or operated by
Defendants.
kk. "United States" shall mean the United States of America, acting on behalf
of EPA.
5 Page 118 of 231
IV. OBJECTIVES
10. The objectives of this Consent Decree are to ensure compliance with the SDWA,
the Stage 2 DBPR, and the State Sanitary Code, a prior EPA administrative order, and prior state
court orders,by (i)causing the construction and subsequent continuous operation of a Filtration
Plant treating all Rye Lake source water entering the WJWW Water System; (ii) implementing
other measures to address non-compliance with federal and state law and to protect the public
health pending commencement of operation of the Filtration Plant; (iii) implementing measures
required to comply with the State Court Judgment; and (iv) resolving the civil claims of the
Plaintiffs as provided in Section XVI (Effect of Settlement/Reservation of Rights).
V. ADMISSIONS
11. Defendants admit, acknowledge, and accept responsibility for the following facts:
a. The WJWW Water System supplies drinking water directly to
approximately 60,000 individuals in the Town/Village of Harrison, the Village of
Mamaroneck, and the Town of Mamaroneck, as well as portions of the City of Rye and
the City of New Rochelle. The WJWW Water System also indirectly supplies drinking
water to an additional approximately 60,000 residents of the Village of Larchmont, the
City of Rye, the Village of Rye Brook, and the Village of Port Chester.
b. The WJWW Water System is a "public water system" and also a
"community water system"under the SDWA and the State Sanitary Code. The WJWW
Water System consists of the joint system of water works and three local water supply
systems that convey and distribute the water each municipality receives from the joint
system of water works. The WJWW Board of Trustees,which is composed of the chief
elected official of each of the Municipal Defendants, exercises management and control
over WJWW and the WJWW Water System.
c. Under section 6124(2) of the Unconsolidated Laws of the State of New
York,WJWW owns and operates the joint system of waterworks. Under section 6135 of
the Unconsolidated Laws of the State of New York, each Municipal Defendant owns the
local water supply system that conveys and distributes the water within that municipality.
WJWW operates each local water supply system on behalf of the Municipal Defendants.
The cost of constructing, acquiring and operating WJWW Water System is apportioned
among the Municipal Defendants in accordance with section 6130(1) of the
Unconsolidated Laws of the State of New York.
d. EPA has set the Maximum Contaminant Level for the five regulated
disinfectant byproducts known as HAAS at the level of 0.060 mg/L.
e. In the first,second, and third quarters of 2019, the WJWW Water System
contained water with levels of HAAS in excess of 0.060 mg/L, as determined by testing
performed by WJWW and reported to EPA.
f. EPA issued an administrative order dated November 26, 2019, which
required, among other things, that WJWW ensure the WJWW Water System's
6 Page 119 of 231
compliance with the Stage 2 DBPR, by constructing and operating a filtration plant by
certain milestone dates. The administrative order required construction to commence by
January 1, 2022.
g. New York State's State Sanitary Code separately requires WJWW to
construct and operate a filtration plant, 10 N.Y.C.R.R. § 5-1.30(b), as does the State
Court Judgment issued in 2004 by the New York State Supreme Court for Westchester
County.
h. WJWW has not yet commenced construction of, and does not operate, a
filtration plant.
VI. CIVIL PENALTY
12. Within 60 Days after the Effective Date, WJWW shall pay to the United States
the sum of$600,000 as a civil penalty,together with interest accruing from the date on which the
Consent Decree is lodged with the Court at the rate specified in 28 U.S.C. § 1961 as of the Date
of Lodging. Without limiting WJWW's obligations under this Consent Decree, including in the
prior sentence:
a. The Town/Village of Harrison shall provide the necessary funds to
WJWW in accordance with the Municipal Cost Share for the Town/Village of Harrison
no later than 10 days prior to the date that WJWW is required to make such civil penalty
payment.
b. The Town of Mamaroneck shall provide the necessary funds to WJWW in
accordance with the Municipal Cost Share for the Town of Mamaroneck no later than 10
days prior to the date that WJWW is required to make such civil penalty payment.
c. The Village of Mamaroneck shall provide the necessary funds to WJWW
in accordance with the Municipal Cost Share for the Village of Mamaroneck no later than
10 days prior to the date that WJWW is required to make such civil penalty payment.
13. WJWW (or other Defendants, as applicable, in the case of any stipulated
penalties) shall pay the civil penalty due to the United States by FedWire Electronic Funds
Transfer("EFT"),in accordance with instructions provided to Defendants by the United States
Attorney's Office for the Southern District of New York after the Effective Date. The payment
instructions will include a Consolidated Debt Collection System ("CDCS") number, which
Defendants shall use to identify all payments required to be made in accordance with this
Consent Decree.
14. At the time of payment, WJWW (or other Defendants, as applicable, in the case
of any stipulated penalties)shall send notice thatpaymenthas been made: (i)to EPA via email at
cinwd_acctsreceivable@epa.gov or via regular mail at EPA Cincinnati Finance Office, 26 W.
Martin Luther King Drive, Cincinnati, Ohio 45268; (ii) to DOJ via email or regular mail in
accordance with Section XVIII;and(iii)to EPA in accordance with Section XVIII. Such notice
shall state that the payment is for the civil penalty owed pursuant to the Consent Decree in
United States v. Westchester Joint Water Works et al., and shall reference the civil action
number, CDCS Number and DOJ case number 90-5-1-1-12441.
7 Page 120 of 231
15. Within 60 Days after the Effective Date, WJWW shall pay to the State the sum of
$650,000 as a civil penalty,together with interest accruing from the date on which the Consent
Decree is lodged with the Court, at the rate specified in 28 U.S.C. § 1961 as of the Date of
Lodging. Without limiting WJWW's obligations under this Consent Decree, including in the
prior sentence:
a. The Town/Village of Harrison shall provide the necessary funds to
WJWW in accordance with the Municipal Cost Share for the Town/Village of Harrison
no later than 10 days prior to the date that WJWW is required to make such civil penalty
payment.
b. The Town of Mamaroneck shall provide the necessary funds to WJWW in
accordance with the Municipal Cost Share for the Town of Mamaroneck no later than 10
days prior to the date that WJWW is required to make such civil penalty payment.
c. The Village of Mamaroneck shall provide the necessary funds to WJWW
in accordance with the Municipal Cost Share for the Village of Mamaroneck no later than
10 days prior to the date that WJWW is required to make such civil penalty payment.
16. The civil penalty payable to the State shall be paid by check made payable to
"New York State Depainnent of Health" and mailed to Andrew Frank, Assistant Attorney
General, Environmental Protection Bureau,28 Liberty Street, 19th Floor, New York, New York
10005. The cover letter and check shall state that the payment is for the civil penalty owed
pursuant to the Consent Decree in United States v. Westchester Joint Water Works et al., and
shall reference the civil action number.
17. In addition, WJWW shall spend a total of at least$6,800,000 on two water quality
benefit projects(the`Benefit Projects"). The Benefit Projects shall not be projects that, as of the
time this Consent Decree is lodged with the Court, Defendants are otherwise legally required to
implement, plan to implement independent of this Consent Decree, or have funded in their
current budgets;provided,however,that the Lead Service Line Replacement Program pursuant
to Paragraph 17.b below is not subject to this sentence. For the avoidance of doubt, nothing in
this Consent Decree prohibits the Defendants from funding the cost of the Benefit Projects, or
the debt service associated therewith,from water customer revenue. The Benefit Projects are: (i)
a new water main to the Quarry Heights neighborhood of the Town of North Castle (the "Quarry
Heights Project"), as described in Appendix A, and(ii)the establishment of a Lead Service Line
Replacement Program (the "Lead Service Line Replacement Program").
a. The Defendants' obligations with respect to the Quarry Heights Project shall be
satisfied when WJWW deposits $1,100,000 into a segregated account to be used
exclusively for the Quarry Heights Project.
b. The Defendants' obligations with respect to the Lead Service Line Replacement
Program shall be satisfied when: (i)the Defendants submit a detailed plan to the State (to
be submitted within six months of the Effective Date) describing a proposed Lead
Service Line Replacement Program, including its funding criteria, administrative
mechanisms, and implementation schedule;(ii)the State issues a written approval of such
plan, as the same may be modified in accordance with discussions between the State and
8 Page 121 of 231
Defendants;(iii)WJWW deposits the sum of$5,700,000 into a segregated account to be
used for the Lead Service Line Replacement Program, or,if required under Paragraph 18
below, the Additional Benefit Project(as defined in Paragraph 18 below) and/or the
Benefit Difference Payment(as defined in paragraph 18 below); and (iv) the monies in
such account are paid out to fund the Lead Service Line Replacement Program, or, if
required under Paragraph 18 below,to fund the Additional Benefit Project(as defined in
paragraph 18 below)and/or the Benefit Difference Payment(as defined in paragraph 18
below). The plan shall provide for preparation and completion of both (x)a Lead Service
Line Inventory of all service connections within the WJWW service area and (y) an on-
line, publicly accessible map of the entire service area depicting the inventory results.
Among the factors the State will consider positively in deciding whether to approve the
Lead Service Line Replacement Program is the extent to which that Program includes
outreach to ensure owners and occupants of residences owned or occupied by low-
income residents are aware of the Program, and other measures to target such owners and
occupants for participation in the Program.
18. WJWW shall provide the State with an accounting of the amount spent on the
Benefit Projects within 60 Days of project completion. In the event the Benefit Projects are not
completed within six years of the effective date or are completed within six years of the effective
date for less than $6,800,000, WJWW shall propose an additional water quality benefit project
(the "Additional Benefit Project") and a schedule for implementing the Additional Benefit
Project for approval by the State. The Additional Benefit Project shall require WJWW to expend
at least the difference between $6,800,000 and the amount spent by WJWW on the Benefit
Projects. If the State approves the Additional Benefit Project, WJWW shall implement the
Additional Benefit Project as approved by the State and shall expend the funds for the Additional
Benefit Project within three years of the date of State approval or by any later date WJWW and
the State agree upon. If the State disapproves the Additional Benefit Project,the Defendants and
the State agree to meet and discuss the Additional Benefit Project or any other water quality
benefit project that either WJWW or the State proposes. If the Defendants and the State cannot
reach agreement on a water quality benefit project that requires WJWW to expend at least the
difference between $6,800,000 and the amount spent on the Benefit Projects within 60 Days of
the State's disapproval, or such additional time as WJWW and State agree upon, the State may
provide WJWW written notice directing WJWW to pay the difference between $6,800,000 and
the amount spent by WJWW on the Benefit Projects to the State (the "Benefit Difference
Payment"),and WJWW shall make the Benefit Difference Payment within 45 Days of WJWW's
receipt of such written notice following the same payment process as set forth in Paragraph 16
above.
19. The Defendants agree that in any public communication regarding the Benefit
Projects or any Additional Benefit Project, Defendants shall include language noting that the
Benefit Projects or the Additional Benefit Project are/is being performed in lieu of a portion of a
penalty for violation of a judgment against Defendants obtained by the State.
20. Failure to meet deadlines for the Benefit Projects or any Additional Benefit
Project shall be governed by the terms of Section XII (Stipulated Penalties). Should a dispute
arise between the Defendants and the State concerning any aspect of the Benefit Projects or any
Additional Benefit Project,including the proposed schedule,the dispute shall be resolved by the
9 Page 122 of 231
Defendants and the State in accordance with Section XIV(Dispute Resolution). With respect to
that dispute,the State shall have the same rights and responsibilities afforded to the United States
as set forth in that Section.
21. Defendants shall not deduct any penalties paid under this Decree pursuant to this
Section or Section XII (Stipulated Penalties) in calculating their federal or State income tax.
VII. INJUNCTIVE RELIEF: FILTRATION PLANT
22. WJWW shall construct, commence operation of, and thereafter continuously
operate a Filtration Plant as provided in this Section.
A. Filtration Plant Deadlines
23. Subject to Paragraph 33 and Section XIII (Force Majeure), by October 8, 2024,
WJWW shall obtain all approvals from the Town/Village of Harrison Planning Board required
under the local land use review procedure for the Filtration Plant.
24. Subject to Paragraph 33 and Section XIII(Force Majeure),by November 8, 2024,
WJWW shall complete and submit to the appropriate authorities all applications for all necessary
local,state, and federal approvals and permits for the Filtration Plant, other than the applications
for the Contractor Permits. By this date, Defendants shall submit all information necessary to
process the applications and take all actions necessary to obtain all such permits or approvals.
25. Subject to Paragraph 33 and Section XIII (Force Majeure), by March 8, 2025,
WJWW shall secure all necessary local, state, and federal final approvals and permits(excluding
NYSDOH approvals and the Contractor Permits)for the Filtration Plant. If any other reviews or
approvals are identified by Defendants at a later date that are required to satisfy the requirements
of Westchester County and/or any other local, state, or federal agency with authority to review
the land acquisition arrangements, Defendants shall notify EPA and the State in accordance with
Section XVIII(Notices) within 5 Days of Defendants' identification of such requirements.
26. Subject to Paragraph 33 and Section XIII (Force Majeure), WJWW shall
complete the acquisition of the site selected for construction of the Filtration Plant by April 20,
2025, and shall submit proof of the acquisition to the EPA and the State within 30 Days of such
acquisition.
27. By May 1,2025,WJWW shall advertise for bids for construction of the Filtration
Plant.
28. By September 2,2025,WJWW shall award the contract to construct the Filtration
Plant.
29. Subject to Paragraph 33 and Section XIII (Force Majeure), by August 4, 2025,
WJWW shall also identify and submit to EPA and the State a proposed schedule of Additional
Milestones,for the period between August 4,2025, and the date for commencing operations of
the Filtration Plant set forth in Paragraph 32 below. The Additional Milestones shall be
established through the process set forth in Paragraphs 36 through 41. Once the final Additional
10 Page 123 of 231
Milestones have been approved pursuant to Paragraph 36(a) or established through the dispute
resolution procedures set forth in Section XIV(Dispute Resolution),such Additional Milestones
shall be incorporated into this Consent Decree as "Schedule A" as soon as possible, which
Schedule shall be filed on the Court's docket no later than 60 Days after the Additional
Milestones have been approved or determined.
30. The Additional Milestones required in Paragraph 29 shall be scheduled to occur at
sufficient frequencies to ensure EPA's and the State's ability to maintain oversight and to ensure
compliance with the deadlines set forth in Paragraphs 31 and 32. The Additional Milestones
shall identify or state:
a. Each phase of construction,with each phase to include, but not be limited
to, a separate milestone for: (i) completion of final design; (ii) securing of necessary
approval(s)of plans and specifications from NYSDOH, with a milestone for submission
of a complete application to NYSDOH; (iii) advertisement for bids; (iv) issuance of a
Notice to Proceed; and (v) completion of construction;
b. A milestone for a Notice to Proceed for commencement of construction of
the building or structure that will contain the filtration process, with such notice to be
provided as early as practicable in the construction schedule;
c. The phase(s)in which the installation will be accomplished for the various
selected types of filtration and disinfection units and the construction of all other selected
components of the Filtration Plant; and
d. The technical justification for the proposed schedule of Additional
Milestones.
31. By March 1, 2029, WJWW shall complete construction of all Filtration Plant
facilities necessary for startup of the Filtration Plant(hereinafter,"substantial construction") and
commence startup and testing of the Filtration Plant.
32. By July 1, 2029, WJWW shall commence operation of the Filtration Plant in
compliance with the filtration, disinfection, monitoring, and reporting requirements set forth at
40 C.F.R.part 141, Subparts H,P, and W, and all applicable provisions of Part 5, Subpart 5.1 of
the State Sanitary Code, 10 N.Y.C.R.R. §§ 5-1.1 to 5-1.100, and shall continue to comply with
all such provisions thereafter.
33. Defendants may seek relief under the provisions of Section XIII (Force Majeure)
for any failure to timely perform any obligation of this Consent Decree where such failure
resulted from a failure to obtain, or a delay in obtaining, any permit or approval required to fulfill
such obligation, if the requirements for relief under Section XIII are otherwise satisfied.
B. Environmental Justice; Impacts During Construction
34. Prior to commencing construction of the Filtration Plant, WJWW shall evaluate
any potential adverse impacts of such construction and other actions undertaken pursuant to this
Consent Decree,including to the extent to which these impacts affect already overburdened and
underserved populations. WJWW shall schedule at least one public meeting to inform the public
11 Page 124 of 231
of any such potential adverse impacts, and provide an opportunity to members of the public to
provide verbal comments, as well as to submit comments in writing identifying any such adverse
impacts. Defendants shall ensure that such meeting is accessible to all who wish to attend,
including through the use of technology as appropriate.
35. WJWW shall mitigate any such potential adverse impacts of construction and
other actions undertaken pursuant to this Consent Decree, including impacts on overburdened
and underserved populations,to the maximum extent practicable consistent with construction of
a Filtration Plant.
C. Approval of Deliverables
36. After review of any plan,report, or other item that is required to be submitted to
EPA for approval pursuant to Paragraph 29 of this Consent Decree (Additional Milestones),
EPA, after consultation with the State, shall in writing: (a) approve the submission; (b) approve
the submission upon specified conditions;(c)approve part of the submission and disapprove the
remainder; or (d) disapprove the submission.
37. If the submission is approved pursuant to Paragraph 36(a), Defendants shall take
all actions required by the plan,report,or other document,in accordance with the schedules and
requirements of the plan, report, or other document, as approved. If the submission is
conditionally approved or approved only in part pursuant to Paragraph 36(b) or(c), Defendants
shall,upon written direction from EPA after consultation with the State,take all actions required
by the approved plan,report, or other item that EPA, after consultation with the State,determines
are technically severable from any disapproved portions,subject to Defendants' right to dispute
only the specified conditions or the disapproved portions, under Section XIV (Dispute
Resolution).
38. If the submission is disapproved in whole or in part pursuant to Paragraph 36(c)
or (d), Defendants shall, within 45 Days or such other time as the Parties agree to in writing,
correct all deficiencies and resubmit the plan, report, or other item, or disapproved portion
thereof, for approval, in accordance with the preceding Paragraphs. If the resubmission is
approved in whole or in part, Defendants shall proceed in accordance with the preceding
Paragraph.
39. If a resubmitted plan, report, or other item, or portion thereof, is disapproved in
whole or in part,EPA, after consultation with the State, may again require Defendants to correct
any deficiencies,in accordance with the preceding Paragraphs, or may itself/themselves correct
any deficiencies, subject to Defendants' right to invoke Dispute Resolution and the right of the
United States and the State to seek stipulated penalties as provided in Paragraphs 40 and 41.
40. If Defendants elect to invoke Dispute Resolution as set forth in Section XIV
(Dispute Resolution),Defendants shall do so by sending a Notice of Dispute in accordance with
Paragraph 104 within 45 Days(or such other time as the Parties agree to in writing) after receipt
of the applicable decision.
12 Page 125 of 231
41. Any stipulated penalties applicable to the original submission, as provided in
Section XII(Stipulated Penalties), accrue during the 45 Day period or other specified period, but
shall not be payable unless the resubmission is untimely or is disapproved in whole or in part;
provided that, if the original submission was so deficient as to constitute a material breach of
Defendants' obligations under this Decree, the stipulated penalties applicable to the original
submission shall be due and payable notwithstanding any subsequent resubmission.
VIII. INJUNCTIVE RELIEF: INTERIM MEASURES
42. Until WJWW has complied with all the requirements set forth in Section VII,
WJWW shall implement the following Interim Measures set forth in this Section.
A. On-Going Stage 2 Compliance Activities
43. WJWW shall remain in compliance with the TTHM and HAAS monitoring
requirements,methodology requirements, and reporting requirements of the Stage 2 DBPR. See
40 C.F.R. §§ 141.620, 141.621, 141.629.
44. WJWW shall conduct monitoring quarterly for TTHM and HAAS in accordance
with 40 C.F.R. § 141.621(a) and WJWW's approved monitoring plan. Samples shall be
analyzed in accordance with 40 C.F.R. § 141.621(b). WJWW must calculate the LRAAs for
TTHM and HAAS using monitoring results collected in accordance with 40 C.F.R. § 141.620(d).
Specifically,WJWW must calculate compliance with the MCL based on the available data from
the most recent four quarters.
45. WJWW must comply with all public notice requirements specified in 40 C.F.R.
Part 141, Subpart Q, for any TTHM or HAAS MCL violation that occurs after the Effective Date
of this Consent Decree.
46. In addition to routine reporting to the WCDOH, WJWW shall submit to EPA the
results of the TTHM and HAAS monitoring required by this subparagraph. WJWW shall report
quarterly to EPA for the duration of this Consent Decree. Results may be submitted with the
quarterly progress reports described in Paragraph 70. Within 14 Days after WJWW has
submitted the results of the TTHM and HAAS monitoring to EPA, WJWW shall also post the
results of the monitoring on its website.
47. If the WJWW Water System violates a TTHM or HAAS MCL, WJWW must
submit a report to EPA, WCDOH, and NYSDOH describing the operational or source water
conditions believed to have contributed to the violation, actions taken or planned to mitigate the
violation, and any additional monitoring performed to delineate the extent of the issue within the
distribution system.
B. Distribution System Flushing
48. At all times after the Effective Date during the duration of this Decree, WJWW
must implement the flushing protocol attached hereto as Appendix B. If, at any time, WJWW
wishes to make changes to the flushing protocol, it shall submit a proposed draft to EPA for
approval. EPA, in consultation with NYSDOH and WCDOH, will review the flushing protocol
and, upon notification by EPA, WJWW shall implement the flushing protocol.
13 Page 126 of 231
C. Source Water Monitoring
49. After the Effective Date, WJWW shall initiate a second round of source water
monitoring, pursuant to 40 C.F.R. §141.701(b), that meets the requirements for monitoring
parameters,frequency, and duration described in 40 C.F.R. § 141.701(a), unless WJWW meets
the monitoring exemption criteria in 40 C.F.R. § 141.701(d). Source water monitoring data shall
comply with 40 C.F.R. §§ 141.704 and 141.705. WJWW shall comply with its proposed
monitoring plan, attached hereto as Appendix C.
50. WJWW must report results from the source water monitoring to EPA, NYSDOH
and WCDOH no later than 10 Days after the end of the first month following the month when
the sample is collected. Within 14 Days after WJWW has submitted the results of the source
monitoring to EPA, NYSDOH and WCDOH,WJWW shall post the results of the monitoring on
its website.
D. Disinfection
51. At least 30 Days before making a significant change to their disinfection practice,
WJWW must notify EPA,NYSDOH, and WCDOH of its intent to make a significant change to
its disinfection practice and include the following information:
a. A completed disinfection profile and disinfection benchmark for Giardia
lamblia and viruses as described in 40 C.F.R. § 141.709.
b. A description of the proposed change in disinfection practice.
c. An analysis of how the proposed change will affect the current level of
disinfection.
52. Significant changes to disinfection practice include, but are not limited to,
changes to the point of disinfection; changes to the disinfectant(s) used in the treatment plant;
and changes to the disinfection process.
53. CT Calculations. For each day the WJWW water system is in operation, the
WJWW shall calculate the total inactivation ratio pursuant to the provisions of 40 C.F.R.
§§ 141.74(b)(3)and(4). WJWW shall report to EPA, NYSDOH, and WCDOH the information
listed at 40 C.F.R. § 141.75(a)(2) monthly, within 10 Days after the end of each month.
E. Simultaneous Compliance
54. A change in treatment or source may necessitate a change in Optimal Water
Quality Parameter ("OWQP") specifications and corrosion control treatment. Pursuant to 40
C.F.R. § 141.90(a)(3), prior to the addition of a new source or any long-term change in water
treatment, a water system must submit written documentation to NYSDOH describing the
change or addition. NYSDOH must review and approve the change. Within 10 Days of the
Effective Date, WJWW shall submit a report to EPA explaining what steps it is undertaking to
comply with 40 C.F.R. § 141.90(a)(3)while WJWW is implementing the long-term measures set
forth in Section VII.
14 Page 127 of 231
F. Notification
55. Within 45 Days after the Effective Date, WJWW must provide notice in writing
to its consumers, and to the owner and operator of all public water systems that purchase water
from the WJWW, explaining that Defendants entered into a Consent Decree that sets forth a
schedule to build a Filtration Plant for the Rye Lake source in order to install the best available
technology for achieving compliance with the maximum contaminant levels for disinfection
byproducts and with State law requiring filtration of drinking water taken from surface water
sources.
56. WJWW shall provide a draft of the proposed notice to EPA and NYSDOH for
review and approval no later than 14 Days after the Effective Date. EPA, in consultation with
NYSDOH, shall endeavor,within 14 Days of receipt,to comment on and provide any requested
modifications to the proposed notice.
57. WJWW shall include a statement in its annual Drinking Water Quality Report
until compliance with the deadlines in Section VII is achieved. The statement shall explain that
Defendants entered into a Consent Decree that sets forth a schedule to build the Filtration Plant
to install the best available technology for achieving compliance with the maximum contaminant
levels for disinfection byproducts and with State law requiring filtration of drinking water taken
from surface water sources.
58. Prior to commencing construction of the Filtration Plant, WJWW shall establish
and maintain a website or a webpage on its website that provides the construction plan and
purpose of the Filtration Plant, along with any air monitoring or stormwater mitigation that
would be required by local, state, and/or federal permitting authorities for the Filtration Plant.
The website or webpage shall also include,butnotbe limited to: (i)a copy of the Complaint, the
Complaint-in-Intervention, and the Consent Decree; (ii) periodic updates on the progress of the
construction of the Filtration Plant; (iii) an explanation for any delays that may occur, and steps
WJWW is taking to minimize the delay;(iv)the EJ Impact Evaluation set forth in Paragraph 34;
(v) a description of any mitigation efforts taken pursuant to Paragraph 35; (vi) all reports
submitted to EPA and NYSDOH under this Consent Decree,including the Quarterly Reports set
forth in Paragraph 70; (vii); periodic summaries of data from any monitoring that will be
performed as required by local, state, and/or federal permitting authorities; and (viii) contact
information for any complaints relating to the construction of the Filtration Plant. This list of
information to be provided on the website is not intended to be an exclusive one, and WJWW
may,in its discretion,post other information on the website that would be useful for the public to
be apprised of progress made under this Consent Decree. WJWW shall update the website at
least quarterly, with updates by January 15, April 15, July 15, and October 15 of each year.
IX. INJUNCTIVE RELIEF: MUNICIPAL DEFENDANTS
59. The Municipal Defendants shall use best efforts to ensure that WJWW
complies with its obligations under this Consent Decree.
60. Without limiting WJWW's obligations under this Consent Decree,
including but not limited to under Sections VI,VII,VIII, and X,the Municipal Defendants shall
fund the Filtration Plant,the Benefit Projects, the Additional Benefit Project(if applicable), the
Benefit Difference Payment(if applicable), and the SEP as follows:
15 Page 128 of 231
a. No later than 60 days after WJWW awards the contract for the
construction of the Filtration Plant,the Town/Village of Harrison shall adopt a resolution
and take all other actions required by law for it to issue bonds or bond anticipation notes
or to commit to enter into a loan agreement with the New York State Environmental
Facilities Corporation to pay for the Municipal Cost Share for the Town/Village of
Harrison and shall thereafter promptly issue such bond or notes or enter into such loan
agreement and provide the funds for the Filtration Plant to allow WJWW to make timely
payment of invoices with regard to the Filtration Plant to allow the Filtration Plant to be
constructed in accordance with the schedule required by this Consent Decree. In
addition, the Town/Village of Harrison shall provide and timely transmit such funds to
WJWW, in accordance with the Municipal Cost Share for the Town/Village of Harrison,
as are needed to allow WJWW to perform and/or proceed with the Benefit Projects, the
Additional Benefit Project(if applicable),the Benefit Difference Payment(if applicable)
and the SEP and make timely payment of any related invoices to allow these
improvements or activities to be performed in accordance with any schedule(s) required
by this Consent Decree.
b. No later than 60 days after WJWW awards the contract for the
construction of the Filtration Plant,the Town of Mamaroneck shall adopt a resolution and
take all other actions required by law for it to issue bonds or bond anticipation notes or to
commit to enter into a loan agreement with the New York State Environmental Facilities
Corporation to pay for the Municipal Cost Share for the Town of Mamaroneck and shall
thereafter promptly issue such bond or notes or enter into such loan agreement and
provide the funds for the Filtration Plant to allow WJWW to make timely payment of
invoices with regard to the Filtration Plant to allow the Filtration Plant to be constructed
in accordance with the schedule required by this Consent Decree. In addition, the Town
of Mamaroneck shall provide and timely transmit such funds to WJWW, in accordance
with the Municipal Cost Share for the Town of Mamaroneck, as are needed to allow
WJWW to perform and/or proceed with the Benefit Projects, the Additional Benefit
Project(if applicable), the Benefit Difference Payment(if applicable) and the SEP and
make timely payment of any related invoices to allow these improvements or activities to
be performed in accordance with any schedule(s)required by this Consent Decree.
c. No later than 60 days after WJWW awards the contract for the
construction of the Filtration Plant, the Village of Mamaroneck shall adopt a resolution
and take all other actions required by law for it to issue bonds or bond anticipation notes
or to commit to enter into a loan agreement with the New York State Environmental
Facilities Corporation to pay for the Municipal Cost Share for the Village of
Mamaroneck and shall thereafter promptly issue such bond or notes or enter into such
loan agreement and provide the funds for the Filtration Plant to allow WJWW to make
timely payment of invoices with regard to the Filtration Plant to allow the Filtration Plant
to be constructed in accordance with the schedule required by this Consent Decree. In
addition, the Village of Mamaroneck shall provide and timely transmit such funds to
WJWW, in accordance with the Municipal Cost Share for the Village of Mamaroneck, as
are needed to allow WJWW to perform and/or proceed with the Benefit Projects, the
Additional Benefit Project(if applicable),the Benefit Difference Payment(if applicable)
and the SEP and make timely payment of any related invoices to allow these
16 Page 129 of 231
improvements or activities to be performed in accordance with any schedule(s) required
by this Consent Decree.
X. SUPPLEMENTAL ENVIRONMENTAL PROJECT
61. WJWW shall implement a Supplemental Environmental Project("SEP") in
accordance with this Section X and the SEP Memo annexed as Appendix D. WJWW shall spend
no less than $900,000 to implement the SEP. The SEP shall be completed within 54 months
after the Effective Date in accordance with the schedule of milestones set forth in Appendix D.
The SEP shall be comprised of the project to improve the quality of storm water entering the
Kensico Reservoir described in the SEP Memo annexed as Appendix D.
62. WJWW is responsible for the satisfactory completion of the SEP in accordance
with the requirements of this Decree. WJWW may use contractors or consultants in planning
and implementing the SEP.
63. With regard to the SEP, WJWW certifies the truth and accuracy of each of the
following:
a. that all cost information provided to EPA in connection with EPA's
approval of the SEP is complete and accurate and that WJWW in good faith estimates the
cost to implement the SEP to be approximately $900,000, as set forth in the SEP Memo
annexed as Appendix D;
b. that as of the date of executing this Decree,Defendants are not required to
perform or develop the SEP by any federal, state, or local law or regulation and are not
required to perform or develop the SEP by agreement, grant, or as injunctive relief
awarded in any other action in any forum;
c. that the SEP is not a project that Defendants were planning or intending to
construct,perform, or implement other than in settlement of the claims resolved in this
Decree;
d. that Defendants have not received and will not receive credit for the SEP
in any other enforcement action;
e. that Defendants will not receive any reimbursement for any portion of the
SEP from any other person. For the avoidance of doubt, fees collected from water
customers do not constitute reimbursement within the meaning of this subparagraph; and
f. that(i) Defendants are not a party to any open federal financial assistance
transaction that is funding or could fund the same activity as the SEP described in
Paragraph 61; and (ii) Defendants have inquired of the SEP recipient and/or SEP
implementer whether either is a party to an open federal financial assistance transaction
that is funding or could fund the same activity as the SEP and has been informed by the
recipient and/or the implementer that neither is a party to such a transaction. For
purposes of these certifications,the term "open federal financial assistance transaction"
refers to a grant, cooperative agreement, loan, federally-guaranteed loan guarantee, or
17 Page 130 of 231
other mechanism for providing federal financial assistance whose performance period has
not yet expired.
64. SEP Completion Report. No later than 56 months from the Effective Date,
Defendants shall submit a SEP Completion Report to DOJ, EPA and the State in accordance with
Section XVIII(Notices). The SEP Completion Report shall contain the following information:
a. a detailed description of the SEP as implemented;
b. a description of any problems encountered in completing the SEP and the
solutions thereto;
c. an itemized list of all eligible SEP costs expended;
d. certification that the SEP has been fully implemented pursuant to the
provisions of this Decree; and
e. a description of the environmental and public health benefits resulting
from implementation of the SEP (with a quantification of the benefits and pollutant
reductions, if feasible).
65. EPA may,in its sole discretion,require information in addition to that described
in the preceding Paragraph, in order to evaluate the SEP Completion Report.
66. After receiving the SEP Completion Report, the United States will notify
Defendants whether or not WJWW has satisfactorily completed the SEP. If WJWW has not
completed the SEP in accordance with this Consent Decree,stipulated penalties may be assessed
under Section XII.
67. Each submission required under this Section shall be signed by an official with
knowledge of the SEP and shall bear the certification language set forth in Paragraph 73.
68. Any public statement, oral or written, in print, film, or other media, made by
Defendants making reference to the SEP under this Decree shall include the following language:
"This project was undertaken in connection with the settlement of an enforcement action, United
States v. Westchester Joint Water Works, taken on behalf of the U.S. Environmental Protection
Agency under the Safe Drinking Water Act."
69. For federal income tax purposes, Defendants agree that they will neither capitalize
into inventory or basis nor deduct any costs or expenditures incurred in performing the SEP.
XI.REPORTING AND MEETING REQUIREMENTS
70. Quarterly Reports. Upon the Effective Date until the termination of this Consent
Decree pursuant to Section XXII (Termination), WJWW shall submit by email to the United
States,EPA, and the State, at the addresses set forth in Section XVIII(Notices),quarterly reports
for the preceding Calendar Quarter on January 15, April 15, July 15, and October 15 of each
year. If the first Calendar Quarter after the Effective Date consists of 30 Days or less, the
18 Page 131 of 231
Quarterly Report for that Calendar Quarter shall not be required, and the information will be
included in the next Quarterly Report.
71. The Quarterly Reports shall include, at a minimum:
a. A description of the actions taken by Defendants to comply with this
Consent Decree, including the completion of any obligations pursuant to Sections VII
and VIII;the status of any construction or compliance measures; problems encountered
or anticipated, together with implemented or proposed solutions; status of permit
applications;operation and maintenance;reports to state and local agencies; a discussion
of Defendants' progress in satisfying its obligations in connection with the SEP under
Section X including, at a minimum, a narrative description of activities undertaken; a
discussion of Defendants' progress in satisfying its obligations in connection with the
Benefit Projects and any Additional Benefit Project under Paragraphs 17-20 and
Appendix A, including, at a minimum, a narrative description of activities undertaken;
status of any construction or compliance measures, including the completion of any
milestones set forth in the SEP Memo attached as Appendix D; and a summary of costs
incurred since the previous report.
b. A description of any non-compliance with any requirements of this
Consent Decree, and an explanation of the violation's likely cause and of the remedial
steps taken, or to be taken, to prevent or minimize such violation, or to prevent future
non-compliance. If the cause of the non-compliance cannot be fully explained at the time
that the Quarterly Report is due, Defendants shall so state in their Quarterly Report.
Defendants shall investigate the cause of the violation and shall then submit an
amendment to the Quarterly Report, including a full explanation of the cause of the
violation, within 30 Days of the Day Defendants become aware of the cause of the
violation.
c. If Defendants violate,or have reason to believe that they may violate, any
requirement of this Consent Decree,Defendants shall notify the United States, EPA, and
the State, of such violation and its likely duration,in writing,within 15 business Days of
the Day Defendants first become aware of the violation, with an explanation of the
violation's likely cause and of the remedial steps taken, or to be taken, to prevent or
minimize such violation.
d. Nothing in this Paragraph or the following Paragraph relieves Defendants
of their obligation to provide the notice required by Section XIII (Force Majeure).
72. Whenever any violation of this Consent Decree or of any applicable permits or
any other event affecting the performance required of a Defendant under this Decree may pose
an immediate threat to the public health or welfare or the environment, the Defendant who
violated or became aware of the violation of this Consent Decree or of any applicable permit, or
whose performance is required under this Consent Decree, shall notify(i)the Chief of the Water
Compliance Branch for EPA Region 2 by telephone at(212) 637-4244 or by email to
mckenna.douglas@epa.gov, and (ii) the State by telephone at(518) 402-7650 or by email to
bpwsp@healthny.gov as soon as possible, but no later than 24 hours after the Defendant first
19 Page 132 of 231
knew of the violation or event. This procedure is in addition to the requirements set forth in the
preceding Paragraph.
73. Each report submitted by Defendants under this Section shall be signed by an
official of the submitting party and include the following certification:
I certify under penalty of perjury that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information,the information submitted is, to the best of my
knowledge and belief,true, accurate, and complete. I have no personal knowledge that
the information submitted is other than true, accurate, and complete. I am aware that
there are significant penalties for knowingly submitting false information, including the
possibility of fine and imprisonment for knowing violations.
74. This certification requirement does not apply to emergency or similar
notifications where compliance would be impractical, provided that in such instances a
certification shall be provided as soon as practicable thereafter.
75. The reporting requirements of this Consent Decree do not relieve Defendants of
any reporting obligations required by the Act or implementing regulations, or by any other
federal, state, or local law, regulation, permit, or other requirement.
76. Any information provided pursuant to this Consent Decree may be used by the
United States or the State in any proceeding to enforce the provisions of this Consent Decree and
as otherwise permitted by law.
77. Meetings and Reviews. The Parties shall meet and confer on at least a semi-
annual basis on February 1 and August 1 of each year,unless the Parties agree,in writing, to less
frequent progress meetings.
78. Throughout the term of this Consent Decree, a Party may wish to discuss issues
relating to the activities and the schedule of activities required by this Consent Decree, including,
but not limited to,the WJWW's management plans for the Filtration Plant;appropriate treatment
techniques,including emerging technologies related to filtration and disinfection; water quality
issues; and changes or proposed changes in drinking water standards or other federal or state
mandates. The Parties agree that, at the request of any Party, the other Parties shall discuss, at
the semi-annual progress meeting as provided for in Paragraph 77 or at a separately arranged
meeting, any issue or request relating to the activities and the schedule of activities required by
this Consent Decree which is raised by a Party. The Parties shall send to any such meeting
responsible and appropriate representatives to discuss and address the issues raised in good faith.
XII. STIPULATED PENALTIES
79. Defendants shall be liable for stipulated penalties to the United States and the
State for violations of this Consent Decree as specified below in this Paragraph and its
subparagraphs,unless excused under Section XIII(Force Majeure). A violation includes failing
20 Page 133 of 231
to perform any obligation required by the terms of this Decree, including any work plan or
schedule approved under this Decree,according to all applicable requirements of this Decree and
within the specified time schedules established or approved under this Decree.
a. If WJWW violates an obligation identified in this Section, it is responsible
to pay the penalty for that violation. If any Municipal Defendant(s)was (were)
responsible for that violation,including by failing to use best efforts to ensure that
WJWW met that obligation, such Municipal Defendant(s) is (are)jointly and
severally liable for the penalty.
b. The Town/Village of Harrison, and not the other Defendants, shall be
liable for its failure to issue the municipal bond resolution and take the other
actions required by Paragraph 60(a) above.
c. The Town of Mamaroneck, and not the other Defendants, shall be liable
for its failure to issue the municipal bond resolution and take the other actions
required by Paragraph 60(b) above.
d. The Village of Mamaroneck, and not the other Defendants, shall be liable
for its failure to issue the municipal bond resolution and take the other actions
required by Paragraph 60(c) above.
e. The Town/Village of Harrison, and not the other Defendants, shall be
liable for any stipulated penalties arising from undue delay in the review and
issuance of any necessary approval that must be issued by its Town Board.
f. Notwithstanding the allocation of liability for stipulated penalties in
Paragraph 79(a)-(e)above, each Defendant is independently obligated to perform
its responsibilities under this Consent Decree, regardless of the compliance or
performance of responsibilities of each other Defendant.
80. Late Payment of Civil Penalty to the United States. If WJWW and/or the
Municipal Defendants (as applicable pursuant to Paragraph 79) fails to pay the civil penalty
required to be paid to the United States under Paragraph 12 of Section VI(Civil Penalty) when
due,WJWW and/or the Municipal Defendants(as applicable pursuant to Paragraph 79)shall pay
a stipulated penalty of $750 per Day for each Day that the payment is late.
81. Late Payment of Civil Penalty to the State. If WJWW fails to pay the civil
penalty required to be paid to the State under Paragraph 15 of Section VI (Civil Penalty) when
due, WJWW and/or the Municipal Defendants (as applicable pursuant to Paragraph 79) shall
pay a stipulated penalty of $1,000 per Day for each Day that the payment is late.
82. Late Completion of Benefit Projects. Subject to Section XIII (Force Majeure), if
WJWW fails to comply with the requirements of Paragraph 17 when required under any
applicable schedules, WJWW and/or the Municipal Defendants (as applicable pursuant to
Paragraph 79) shall pay a stipulated penalty according to the schedule set forth below:
21 Page 134 of 231
Penalty per violation per day Period of non-compliance
$150 per Day 1st through 14th Day
$300 per Day 15th through 30th Day
$600 per Day 31st Day and beyond
83. Compliance Milestones. Subject to Section XIII (Force Majeure), the following
stipulated penalties shall accrue per violation per Day for each violation of the requirements
identified in Section VII:
Stipulated Penalties for Failure to Meet Period of non-compliance
Interim Milestones (Paragraphs 23-30)
per violation per day
$500 per Day 1st through 30th Day
$1,000 per Day 31st through 90th Day
$2,000 per Day 91st Day and beyond
Stipulated Penalties for Failure to Meet Period of non-compliance
Final Milestones (Paragraphs 31-32)
$1,000 per Day 1st through 60th Day
$2,000 per Day 61st Day to 120th Day
$3,000 per Day 121st Day through 365th Day
$4,000 per Day 366th Day and beyond
84. Interim Measures and Reporting and Meeting Requirements: Subject to Section
XIII (Force Majeure), the following stipulated penalties shall accrue per violation per Day for
each violation of the reporting requirements of Sections VIII and XI:
Penalty per violation per day Period of non-compliance
$250 per Day 1st through 14th Day
$500 per Day 15th through 30th Day
$1,000 per Day 31st Day and beyond
22 Page 135 of 231
85. Transfer of Ownership: If Defendants fail to: (a)provide a copy of this Consent
Decree to any proposed transferee; (b)provide written notice to the United States, EPA, and the
State at least 30 Days prior to any transfer of any portion of the Facility;or(c)provide a copy of
the proposed written agreement with the transferee as required by Paragraph 6, Defendants shall
pay a stipulated penalty of $10,000 per occurrence.
86. SEP Compliance:
a. Subject to Section XIII(Force Majeure),if Defendants fail to comply with
the milestones in the SEP Memo attached as Appendix D for implementing the SEP,
and/or if they fail to satisfactorily complete the SEP by the deadline set forth in
Paragraph 61 SEP, WJWW and/or the Municipal Defendants (as applicable pursuant to
Paragraph 79) shall pay stipulated penalties for each failure to meet an applicable
deadline, as follows:
Penalty per violation per day Period of non-compliance
$250 per Day 1st through 14th Day
$500 per Day 15th through 30th Day
$1,000 per Day 31st Day and beyond
b. Subject to Section XIII (Force Majeure), if Defendants fail to implement
the SEP, or halt or abandon work on the SEP, WJWW and/or the Municipal Defendants
(as applicable pursuant to Paragraph 79) shall pay a stipulated penalty of $1,200,000.
The penalty under this subparagraph shall accrue as of the date specified for completing
the SEP or the date performance ceases, whichever is earlier.
87. Except as provided in Paragraph 86(b), stipulated penalties under this Section
shall begin to accrue on the Day after performance is due or on the Day a violation occurs,
whichever is applicable, and shall continue to accrue until performance is satisfactorily
completed or until the violation ceases. Stipulated penalties shall accrue simultaneously for
separate violations of this Consent Decree.
88. WJWW and/or the Municipal Defendants (as applicable pursuant to Paragraph
79) shall pay any stipulated penalty within 30 Days of receiving the United States' written
demand, except for any stipulated penalty under Paragraphs 81 or 82. With respect to any
stipulated penalty under Paragraphs 81 or 82, WJWW and/or the Municipal Defendants (as
applicable pursuant to Paragraph 79) shall pay any such stipulated penalty within 30 Days of
receiving the State's written demand. The United States will copy the State on any demand for
payment of stipulated penalties, and the State shall copy the United States on any demand for
payment of stipulated penalties.
89. Either the United States or the State may, in the unreviewable exercise of its
discretion, reduce or waive stipulated penalties otherwise due it under this Consent Decree.
23 Page 136 of 231
90. Stipulated penalties shall continue to accrue as provided in Paragraph 86 during
any Dispute Resolution, but need not be paid until the following:
a. If the dispute is resolved(i)by agreement of the Parties, (ii) by a decision
or order of EPA that is not appealed to the Court, or (iii) in the event of a dispute solely
with NYSDOH, by a decision or order of NYSDOH that is not appealed to the Court,
Defendants shall pay accrued penalties determined to be owing, together with interest, to
the United States and the State within 30 Days of the effective date of the agreement or
the receipt of the United States' decision or order, or the NYSDOH decision or order, as
the case may be.
b. If the dispute is appealed to the Court and the United States or the State
prevails in whole or in part,Defendants shall pay all accrued penalties determined by the
Court to be owing, together with interest, within 60 Days of receiving the Court's
decision or order, except as provided in subparagraph c, below.
c. If any Party appeals the District Court's decision,Defendants shall pay all
accrued penalties determined to be owing, together with interest, within 15 Days of
receiving the final appellate court decision.
91. Except for stipulated penalties under Paragraphs 80, 81, 82, and 86, Defendants
shall pay 50 percent of the stipulated penalties owed under this Section XII to the United States
and 50 percent of the stipulated penalties owed under this Section XII to the State, unless the
State states that it will decline certain stipulated penalties, in which case Defendants shall pay
100 percent of those stipulated penalties to the United States. Defendants shall pay 100 percent
of the stipulated penalties under Paragraphs 80 and 86,if any, to the United States. Defendants
shall pay 100 percent of the stipulated penalties under Paragraphs 81 or 82, if any, to the State.
92. Defendants shall pay stipulated penalties owing to the United States in the manner
set forth in Paragraph 13 and with the confirmation notices required by Paragraph 14, except that
the transmittal letter shall state that the payment is for stipulated penalties and shall state for
which violation(s)the penalties are being paid. Defendants shall pay stipulated penalties owing
to the State in the manner set forth in Paragraph 16, except that the transmittal letter shall state,
in addition to the information required under Paragraph 16, that the payment is for stipulated
penalties and shall state for which violation(s) the penalties are being paid.
93. If Defendants fail to pay stipulated penalties according to the terms of this
Consent Decree, Defendants shall be liable for interest on such penalties, as provided for in
28 U.S.C. § 1961, accruing as of the date payment became due. Nothing in this Paragraph shall
be construed to limit the United States or the State from seeking any remedy otherwise provided
by law for Defendants' failure to pay any stipulated penalties.
94. The payment of penalties and interest, if any, shall not alter in any way
Defendants' obligation to complete the performance of the requirements of this Consent Decree.
95. Non-Exclusivity of Remedy. Stipulated penalties are not the United States' or the
State's exclusive remedy for violations of this Consent Decree. Subject to the provisions of
Section XVI (Effect of Settlement/Reservation of Rights), the United States and the State
24 Page 137 of 231
expressly reserve the right to seek any other relief one or both of them deems appropriate for
Defendants' violation of this Decree or applicable law, including but not limited to an action
against Defendants for statutory penalties, additional injunctive relief, mitigation or offset
measures, and/or contempt. However,the amount of any statutory or regulatory penalty assessed
for a violation of this Consent Decree shall be reduced by an amount equal to the amount of any
stipulated penalty assessed and paid pursuant to this Consent Decree.
96. The United States and the State may seek, and the Court has jurisdiction to grant,
equitable relief,in addition to stipulated penalties, to enforce the requirements of this Consent
Decree.
XIII. FORCE MAJEURE
97. "Force majeure," for purposes of this Consent Decree, is defined as any event
arising from causes beyond the control of Defendants, of any entity controlled by Defendants, or
of Defendants' contractors,that delays or prevents the performance of any obligation under this
Consent Decree despite a Defendant's best efforts to fulfill the obligation. The requirement that
Defendants exercise"best efforts to fulfill the obligation"includes using best efforts to anticipate
any potential force majeure event and best efforts to address the effects of any potential force
majeure event(a) as it is occurring and (b) following the potential force majeure, such that the
delay and any adverse effects of the delay are minimized. "Force Majeure" does not include a
Defendant's financial inability to perform an obligation under this Consent Decree.
98. If any event occurs or has occurred that may delay the performance of any
obligation under this Consent Decree, whether or not caused by a force majeure event,
Defendants shall provide notice by electronic mail to the United States, EPA, and the State, in
accordance with Section XVIII(Notices),within 5 business Days of when Defendants first knew
that the event might cause a delay. Within seven Days after the notice is sent, Defendants shall
provide in writing to the United States, EPA, and the State, in accordance with Section XVIII
(Notices), an explanation and description of the reasons for the delay;the anticipated duration of
the delay; all actions taken or to be taken to prevent or minimize the delay; a schedule for
implementation of any measures to be taken to prevent or mitigate the delay or the effect of the
delay;Defendants' rationale for attributing such delay to a force majeure event if they intend to
assert such a claim;and a statement as to whether,in the opinion of Defendants, such event may
cause or contribute to an endangerment to public health,welfare or the environment. Defendants
shall include with any notice all available documentation supporting the claim that the delay was
attributable to a force majeure event. Failure to comply with the above requirements shall
preclude Defendants from asserting any claim of force majeure for that event for the period of
time of such failure to comply,and for any additional delay caused by such failure. Defendants
shall be deemed to know of any circumstance of which Defendants, any entity controlled by
Defendants, or Defendants' contractors knew or should have known.
99. If EPA, after reasonable opportunity for review and comment by the State, agrees
that the delay or anticipated delay is attributable to a force majeure event, the time for
performance of the obligations under this Consent Decree that are affected by the force majeure
event will be extended by EPA, after a reasonable opportunity for review and comment by the
State,for such time as is necessary to complete those obligations. An extension of the time for
performance of the obligations affected by the force majeure event shall not, of itself, extend the
25 Page 138 of 231
time for performance of any other obligation. EPA will notify Defendants in writing of the
length of the extension,if any, for performance of the obligations affected by the force majeure
event and will provide a copy of the notification to the State.
100. If EPA, after a reasonable opportunity for review and comment by the State, does
not agree that the delay or anticipated delay has been or will be caused by a force majeure event,
EPA will notify Defendants in writing of its decision and will provide a copy of the notification
to the State.
101. If Defendants elect to invoke the dispute resolution procedures set forth in
Section XIV(Dispute Resolution),they shall do so no later than 21 Days after receipt of EPA's
notice. In any such proceeding, Defendants shall have the burden of demonstrating by a
preponderance of the evidence that the delay or anticipated delay has been or will be caused by a
force majeure event, that the duration of the delay or the extension sought was or will be
warranted under the circumstances, that best efforts were exercised to avoid and mitigate the
effects of the delay,and that Defendants complied with the requirements of Paragraphs 98 and
99. If Defendants carry this burden,the delay at issue shall be deemed not to be a violation by
Defendants of the affected obligation of this Consent Decree identified to the United States,
EPA, the State, and the Court.
102. If any legal action is brought after the Effective Date which might delay
performance of any of the milestones in this Consent Decree,Defendants shall provide notice of
the legal action by electronic mail to the United States, EPA, and the State, in accordance with
Section XVIII(Notices),within 5 business Days of when Defendants first become aware of the
action. The Parties shall meet and confer within a reasonable time thereafter to determine the
extent to which the action might delay performance of any of the milestones in this Consent
Decree, and whether removal of the action to this Court is appropriate and authorized by law. All
Parties reserve all rights to seek to remove or otherwise respond to such action as they may deem
appropriate, regardless of the views of the other Parties to this Consent Decree.
XIV. DISPUTE RESOLUTION
103. Unless otherwise expressly provided for in this Consent Decree, the dispute
resolution procedures of this Section shall be the exclusive mechanism to resolve disputes arising
under or with respect to this Consent Decree. Defendants' failure to seek resolution of a dispute
under this Section shall preclude Defendants from raising any such issue as a defense to an
action by the United States or the State to enforce any obligation of Defendants arising under this
Decree.
104. Informal Dispute Resolution. Any dispute subject to Dispute Resolution under
this Consent Decree shall first be the subject of informal negotiations. The dispute shall be
considered to have arisen when Defendants send the United States, EPA, and the State a written
Notice of Dispute. Such Notice of Dispute shall state clearly the matter in dispute. The period
of informal negotiations shall not exceed 45 Days from the date the dispute arises, unless that
period is modified by written agreement among all Parties. If the Parties cannot resolve a
dispute by informal negotiations, then the position advanced by the United States, after
consultation with the State, shall be considered binding unless, within 14 Days after the
26 Page 139 of 231
conclusion of the informal negotiation period, Defendants invoke formal dispute resolution
procedures as set forth below.
105. Formal Dispute Resolution. Defendants shall invoke formal dispute resolution
procedures,within the time period provided in the preceding Paragraph, by sending the United
States, EPA, and the State a written Statement of Position regarding the matter in dispute. The
Statement of Position shall include, but need not be limited to, any factual data, analysis, or
opinion supporting Defendants' position and any supporting documentation relied upon by
Defendants.
106. The United States and the State shall send Defendants their Statement of Position
within 45 Days of receipt of Defendants' Statement of Position. The United States' and State's
Statement of Position shall include, but need not be limited to, any factual data, analysis, or
opinion supporting that position and any supporting documentation relied upon by the United
States and the State. The United States' and State's Statement of Position is binding on
Defendants,unless Defendants file a motion for judicial review of the dispute in accordance with
the following Paragraph.
107. Judicial Dispute Resolution. Defendants may seek judicial review of the dispute
by filing with the Court and serving on the United States and the State, in accordance with
Section XVIII(Notices) of this Consent Decree, a motion requesting judicial resolution of the
dispute. The motion(a)must be filed within 21 Days of receipt of the United States' and State's
Statement of Position pursuant to the preceding Paragraph,unless the Court requires the filing of
a pre-motion letter before the filing of a motion,in which case the pre-motion letter must be filed
within such 21-Day period;(b)may not raise any issue not raised in informal dispute resolution
pursuant to Paragraph 104,unless the United States and the State raise a new issue of law or fact
in their Statement of Position;(c)shall contain a written statement of Defendants' position on the
matter in dispute,including any supporting factual data,analysis, opinion,or documentation,and
(d) shall set forth the relief requested and any schedule within which the dispute must be
resolved for orderly implementation of the Consent Decree.
108. The United States and the State shall respond to Defendants' motion within the
time period allowed by the Local Rules of this Court or any order of the Court. Defendants may
file a reply memorandum, as permitted by the Local Rules or any order of the Court.
109. Standard of Review
a. Disputes Concerning Matters Accorded Record Review. Except as
otherwise provided in this Consent Decree, in any dispute brought under Paragraph 104
pertaining to the adequacy or appropriateness of plans, procedures to implement plans,
schedules or any other items requiring approval by EPA or the State under this Consent
Decree;the adequacy of the performance of work undertaken pursuant to this Consent
Decree;and all other disputes that are accorded review on the administrative record under
applicable principles of administrative law, Defendants shall have the burden of
demonstrating,based on the administrative record, that the position of the United States
and/or the State is arbitrary and capricious or otherwise not in accordance with law.
27 Page 140 of 231
b. Other Disputes. Except as otherwise provided in this Consent Decree, in
any other dispute brought under Paragraph 104, Defendants shall bear the burden of
demonstrating that their position complies with this Consent Decree and better furthers
the objectives of the Consent Decree.
110. The invocation of dispute resolution procedures under this Section shall not, by
itself, extend,postpone, or affect in any way any obligation of Defendants under this Consent
Decree, unless and until final resolution of the dispute so provides. Stipulated penalties with
respect to the disputed matter shall continue to accrue from the first Day of noncompliance, but
payment shall be stayed pending resolution of the dispute as provided in Paragraph 90. If
Defendants do not prevail on the disputed issue,stipulated penalties shall be assessed and paid as
provided in Section XII (Stipulated Penalties).
XV. INFORMATION COLLECTION AND RETENTION
111. The United States, the State, and their representatives, including attorneys,
contractors, and consultants, shall have the right of entry into any facility covered by this
Consent Decree, at all reasonable times, upon presentation of credentials, to:
a. monitor the progress of activities required under this Consent Decree;
b. verify any data or information submitted to the United States or the State
in accordance with the terms of this Consent Decree;
c. obtain samples and, upon request, splits of any samples taken by
Defendants or their representatives, contractors, or consultants;
d. obtain documentary evidence,including photographs and similar data;and
e. assess Defendants' compliance with this Consent Decree.
112. Upon request, Defendants shall provide EPA and the State or their authorized
representatives splits of any samples taken by Defendants. Upon request, EPA and the State
shall provide Defendants splits of any samples taken by EPA or the State.
113. Until five years after the termination of this Consent Decree, Defendants shall
retain, and shall instruct their contractors and agents to preserve, all non-identical copies of all
documents,records,or other information (including documents,records, or other information in
electronic form)in their or their contractors' or agents' possession or control, or that come into
their or their contractors' or agents' possession or control, and that relate in any manner to
Defendants' performance of their obligations under this Consent Decree. This information-
retention requirement shall apply regardless of any contrary corporate or institutional policies or
procedures. At any time during this information-retention period, upon request by the United
States or the State, Defendants shall provide copies of any documents, records, or other
information required to be maintained under this Paragraph, subject to any applicable privilege
or immunity recognized by federal law.
28 Page 141 of 231
114. At the conclusion of the information-retention period provided in the preceding
Paragraph,Defendants shall notify the United States and the State at least 90 Days prior to the
destruction of any documents, records, or other information subject to the requirements of the
preceding Paragraph and,upon request by the United States or the State,Defendants shall deliver
any such documents,records, or other information to EPA or the State. Defendants may assert
that certain documents, records, or other information are privileged under the attorney-client
privilege or any other privilege or immunity recognized by federal law. If Defendants assert
such a privilege, they shall provide the following: (a) the title of the document, record, or
information;(b)the date of the document,record,or information; (c) the name and title of each
author of the document, record, or information; (d) the name and title of each addressee and
recipient; (e) a description of the subject of the document, record, or information; and (f) the
privilege asserted by Defendants. However,no documents,records, or other information created
or generated pursuant to the requirements of this Consent Decree shall be withheld on grounds of
privilege or immunity.
115. Defendants may also assert that information required to be provided under this
Section is protected as Confidential Business Information ("CBI")under 40 C.F.R. Part 2. As to
any information that Defendants seek to protect as CBI,Defendants shall follow the procedures
set forth in 40 C.F.R. Part 2.
116. This Consent Decree in no way limits or affects any right of entry and inspection,
or any right to obtain information, held by the United States or the State pursuant to applicable
federal or state laws,regulations, or permits,nor does it limit or affect any duty or obligation of
Defendants to maintain documents,records,or other information imposed by applicable federal
or state laws, regulations, or permits.
XVI. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS
117. This Consent Decree resolves only the civil claims of the United States for the
violations alleged in the Complaint in this action through the Date of Lodging.
118. This Consent Decree resolves only the civil claims of the State for the violations
alleged in the Complaint-In-Intervention in this action through the Date of Lodging, as well as
Defendants'liability under the State Court Judgment. For the avoidance of doubt, this Consent
Decree does not resolve any civil claims of the State that(a) are not alleged, respectively, in the
Complaint and the Complaint-in-Intervention, or (b) do not arise out of the State Court
Judgment.
119. The United States and the State reserve all legal and equitable remedies available
to enforce the provisions of this Consent Decree, except as expressly stated in Paragraphs 117
and 118. This Consent Decree shall not be construed to limit the rights of the United States or
the State to obtain penalties or injunctive relief under the Act or implementing regulations,
including but not limited to the Stage 2 DBPR, or under other federal, state, or local laws,
regulations, or permit conditions, including but not limited to the filtration requirements of the
State Sanitary Code, except as expressly specified in the preceding Paragraph. The United States
and the State further reserve all legal and equitable remedies to address any imminent and
substantial endangerment to the public health or welfare or the environment arising at, within, or
29 Page 142 of 231
posed by,the WJWW Water System,whether related to the violations addressed in this Consent
Decree or otherwise.
120. In any subsequent administrative or judicial proceeding initiated by the United
States or the State for injunctive relief, civil penalties, other appropriate relief relating to the
WJWW Water System, or Defendants' violations, Defendants shall not assert, and may not
maintain, any defense or claim based upon the principles of waiver, res judicata, collateral
estoppel,issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any
contention that the claims raised by the United States or the State in the subsequent proceeding
were or should have been brought in the instant case, except with respect to claims that have
been specifically resolved pursuant to Paragraphs 117 and 118.
121. This Consent Decree is not a permit, or a modification of any permit, under any
federal, State, or local laws or regulations. This Consent Decree is not, and shall not be
interpreted as, a waiver or variance from,or modification of, the SDWA, the Stage 2 DBPR, the
Public Health Law or the State Sanitary Code. For avoidance of doubt, nothing herein shall
relieve Defendants of their independent obligation to ensure that all drinking water delivered to
the WJWW Water System is in compliance with all National Primary Drinking Water
Regulations and other applicable federal, State and local laws, regulations and permits.
Defendants are responsible for achieving and maintaining complete compliance with all
applicable federal, State, and local laws, regulations, and permits; and Defendants' compliance
with this Consent Decree shall be no defense to any action commenced pursuant to any such
laws,regulations, or permits, except as set forth herein. The United States and the State do not,
by their consent to the entry of this Consent Decree, warrant or aver in any manner that
Defendants' compliance with any aspect of this Consent Decree will result in compliance with
provisions of the SDWA, 42 U.S.C. § 300f et seq., with the Stage 2 DBPR, or with any other
provisions of federal, State, or local laws, regulations, or permits, if applicable.
122. This Consent Decree does not limit or affect the rights of Defendants or of the
United States or the State against any third parties not party to this Consent Decree, nor does it
limit the rights of third parties not party to this Consent Decree, against Defendants, except as
otherwise provided by law.
123. This Consent Decree shall not be construed to create rights in, or grant any cause
of action to, any third party not party to this Consent Decree.
XVII. COSTS
124. The Parties shall bear their own costs of this action and any dispute resolution
proceeding instituted under Section XIV,including attorneys' fees, except that the United States
and the State shall be entitled to collect the costs (including attorneys' fees) incurred in any
action necessary to collect any portion of the civil penalty or any stipulated penalties due but not
paid by Defendants.
30 Page 143 of 231
XVIII.NOTICES
125. Unless otherwise specified in this Decree,whenever notifications, submissions, or
communications are required by this Consent Decree, they shall be made in writing and sent by
mail or email, with a preference for email, addressed as follows:
To the United States: Tomoko Onozawa
Samuel Dolinger
Assistant United States Attorneys
U.S.Attorney's Office,Southern District of New York
86 Chambers Street, 3rd Floor
New York, New York 10007
Email: tomoko.onozawa@usdoj.gov
samuel.dolinger@usdoj.gov
eescdcopy.enrd@usdoj.gov
Re: DJ # 90-5-1-1-12441
EES Case Management Unit
Environment and Natural Resources Division
U.S. Depaitment of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Re: DJ # 90-5-1-1-12441
To the EPA: Chief, Water Compliance Branch
Division of Enforcement and Compliance Assistance
U.S. Environmental Protection Agency, Region II
290 Broadway, 20th Floor
New York, NY 10007
Email: mckenna.douglas@epa.gov
Chief, Water and General Law Branch
Office of Regional Counsel
U.S. Environmental Protection Agency, Region II
290 Broadway, 16th Floor
New York,NY 10007
To the State/NYSDOH: Andrew G. Frank
Assistant Attorney General
New York State Attorney General's Office
28 Liberty Street, 19th Floor
New York, NY 10005
Email: andrew.frank@ag.ny.gov
Jessica Hall
New York State Department of Health
31 Page 144 of 231
Bureau of Litigation
Corning Tower, Room 2425
Empire State Plaza
Albany, NY 12237
Email: jessica.hall@health.ny.gov
New York State Depailment of Health
Bureau of Water Supply Protection
Attn: Kristine Wheeler, Director
Corning Tower, Room 1110
Empire State Plaza
Albany, NY 12237
Email: kristine.wheeler@health.ny.gov
To WJWW: Paul Kutzy, P.E.
Manager
Westchester Joint Water Works
1625 Mamaroneck Avenue
Mamaroneck, NY 10543
Email: pkutzy@wjww.com
Mary Polvere
Secretary to Board of Trustees
Westchester Joint Water Works
1625 Mamaroneck Avenue
Mamaroneck, New York 10543
Email: mpolvere@wjww.com
Lori Lee Dickson, Esq.
General Counsel to Westchester Joint Water Works
McCarthy Fingar LLP
711 Westchester Avenue, Suite 405
White Plains, NY 10604
Email: ldickson@mccarthyfingar.com
Philip E. Karmel Esq.
Special Counsel to Westchester Joint Water Works
Bryan Cave Leighton Paisner LLP
1290 Avenue of the Americas
New York, New York 10104
Email: philip.karmel@bclplaw.com
32 Page 145 of 231
To the Town/Village of Harrison: The Hon. Rich Dionisio
Supervisor/Mayor
Town/Village of Harrison
1 Heineman Place
Harrison, NY 10528
Email: rdionisio@harrison-ny.gov
Scott A. Resnik, Esq.
Special Counsel to Town/Village of Harrison
Katten Muchin Rosenman LLP
50 Rockefeller Plaza
New York, NY 10020-1605
Email: scott.resnik@katten.com
To the Town of Mamaroneck: The Hon. Jaine Elkind Eney
Supervisor
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
Email: supervisor@TownofmamaroneckNY.org
Robert Spolzino, Esq.
Special Counsel to Town of Mamaroneck
Abrams Fensterman, LLP
81 Main Street Suite 400
White Plains, New York 10601
Email: RSpolzino@Abramslaw.com
To the Village of Mamaroneck: The Hon. Sharon Torres
Mayor
Village of Mamaroneck
123 Mamaroneck Avenue
Mamaroneck, NY 10543
Email: storres@vomny.org
Robert Spolzino, Esq.
Special Counsel to Village of Mamaroneck
Abrams Fensterman, LLP
81 Main Street Suite 400
White Plains, New York 10601
Email: RSpolzino@Abramslaw.com
126. Any Party may,by written notice to the other Parties,change its designated notice
recipient or notice address provided above.
33 Page 146 of 231
127. Notices submitted pursuant to this Section shall be deemed submitted upon
mailing or transmission by email,unless otherwise provided in this Consent Decree or by mutual
agreement of the Parties in writing.
XIX. EFFECTIVE DATE
128. The Effective Date of this Consent Decree shall be the date upon which this
Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted,
whichever occurs first, as recorded on the Court's docket.
XX. RETENTION OF JURISDICTION
129. The Court shall retain jurisdiction over this case until termination of this Consent
Decree for the purpose of resolving disputes arising under this Decree (including any dispute
among Defendants as to their financial responsibility, vis-a-vis one another, for stipulated
penalties owed to the United States or the State), entering orders modifying this Decree, or
effectuating or enforcing compliance with the terms of this Decree.
XXI. MODIFICATION
130. The terms of this Consent Decree, including any attached appendices, may be
modified only by a subsequent written agreement signed by all the Parties or pursuant to
Paragraph 131 below. Where the modification constitutes a material change to this Decree, it
shall be effective only upon approval by the Court.
131. Any disputes concerning modification of this Decree shall be resolved pursuant to
Section XIV (Dispute Resolution), provided, however, that, instead of the burden of proof
provided by Paragraph 109,the Party seeking the modification bears the burden of demonstrating
that it is entitled to the requested modification in accordance with Federal Rule of Civil
Procedure 60(b).
XXII. TERMINATION
132. If Defendants have (i) maintained continuous satisfactory compliance with this
Consent Decree for the preceding twelve months, including those relating to the Benefit Projects
required by Paragraph 17, and the SEP required by Section X; (ii) operated a Filtration Plant in
compliance with and without any violations of the SDWA, the Stage 2 DBPR, the Public Health
Law and regulations promulgated thereunder, including the State Sanitary Code, continuously
for the preceding twelve months; and (iii)paid the civil penalty and any accrued stipulated
penalties as required by this Consent Decree,Defendants may serve upon the United States and
the State a Request for Termination, stating that Defendants have satisfied these requirements,
together with all necessary supporting documentation.
133. Following receipt by the United States and the State of Defendants' Request for
Termination,the Parties shall confer informally concerning the Request and any disagreement
that the Parties may have as to whether Defendants have satisfactorily complied with the
requirements for termination of this Consent Decree. If the United States and the State agree that
34 Page 147 of 231
the Decree may be terminated, the Parties shall submit, for the Court's approval, a joint
stipulation terminating the Decree.
134. If the United States and/or the State do not agree that the Decree may be
terminated, Defendants may invoke Dispute Resolution under Section XIV. However,
Defendants shall not seek Dispute Resolution of any dispute regarding termination until 60 Days
after service of their Request for Termination.
XXIII.PUBLIC PARTICIPATION
135. This Consent Decree shall be lodged with the Court for a period of not less than
30 Days for public notice and comment in accordance with 28 C.F.R. § 50.7. The United States
reserves the right to withdraw or withhold its consent if the comments received disclose facts or
considerations which indicate that this Consent Decree is inappropriate,improper or inadequate,
and the State reserves the right to withdraw or withhold consent if the United States withdraws or
withholds consent and/or comments received disclose facts or considerations which indicate that
this Consent Decree is inconsistent with state law. Defendants consent to entry of this Consent
Decree without further notice and agree not to withdraw from or oppose entry of this Consent
Decree by the Court or to challenge any provision of the Decree,unless the United States and/or
the State have notified Defendants in writing that it no longer supports (or they no longer
support) entry of the Decree.
XXIV.SIGNATORIES/SERVICE
136. Each undersigned representative of Defendants,the State, and the Depailment of
Justice certifies that he or she is fully authorized to enter into the terms and conditions of this
Consent Decree and to execute and legally bind the Party he or she represents to this document.
137. This Consent Decree may be signed in counterparts, and its validity shall not be
challenged on that basis. Defendants agree to accept service of process by mail with respect to
all matters arising under or relating to this Consent Decree and to waive the formal service
requirements set forth in Rules 4 and 5 of the Federal Rules of Civil Procedure and any
applicable Local Rules of this Court including, but not limited to, service of a summons.
Defendants need not file answers to the Complaint and Complaint-in-Intervention in this action
unless or until the Court expressly declines to enter this Consent Decree.
XXV. INTEGRATION
138. This Consent Decree, including deliverables that are subsequently approved
pursuant to this Decree,constitutes the entire agreement among the Parties regarding the subject
matter of the Decree and supersedes all prior representations, agreements and understandings,
whether oral or written, concerning the subject matter of the Decree herein. Other than such
deliverables or appendices or schedules made part of this Consent Decree, no other document,
nor any representation,inducement, agreement,understanding or promise constitutes any part of
this Consent Decree or the settlement it represents,nor shall it be used in construing the terms of
this Consent Decree. Upon the Effective Date, this Consent Decree supersedes the November
26, 2019, EPA administrative order addressed to WJWW.
35 Page 148 of 231
XXVI.26 U.S.C. § 162(f)(2)(A)(ii) IDENTIFICATION
139. For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the
Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii), and 26 C.F.R. § 1.162-21(b)(2),
performance of the obligations of Sections VII through IX is restitution,remediation, or required
to come into compliance with law.
XXVII. HEADINGS
140. Headings to the Sections and Subsections of this Consent Decree are provided for
convenience and do not affect the meaning or interpretation of the provisions of this Consent
Decree.
XXVIII. FINAL JUDGMENT
141. Upon approval and entry of this Consent Decree by the Court, this Consent
Decree shall constitute a final judgment of the Court as to the United States, the State, and
Defendants.
XXIX.APPENDICES
142. The following Appendices are attached to and part of this Consent Decree:
Appendix A: Quarry Heights Benefit Project Information
Appendix B: Flushing Protocol
Appendix C: Source Water Monitoring Plan
Appendix D: SEP Memo
Dated and entered this_ day of , 20
UNITED STATES DISTRICT JUDGE
Dated:
36 Page 149 of 231
FOR THE UNITED STATES OF AMERICA:
Dated:
DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
By:
SAMUEL DOLINGER
TOMOKO ONOZAWA
Assistant United States Attorneys
86 Chambers Street, 3rd Floor
New York, New York 10007
Tel.: (212) 637-2677/2721
samuel.dolinger@usdoj.gov
tomoko.onozawa@usdoj.gov
37 Page 150 of 231
FOR THE U.S. ENVIRONMENTAL PROTECTION AGENCY:
Dated:
ROSEMARIE KELLEY
Office Director
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
OF COUNSEL:
Chrisna Baptista
Attorney Advisor, Water Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
38 Page 151 of 231
FOR THE U.S. ENVIRONMENTAL PROTECTION AGENCY:
Dated:
PAUL SIMON
Regional Counsel
U.S. Environmental Protection Agency, Region 2
290 Broadway
New York,New York 10007
OF COUNSEL:
Phyllis S. Kaplan Feinmark
Chief, Water and General Law Branch
Office of Regional Counsel
U.S. Environmental Protection Agency, Region 2
290 Broadway
New York,New York 10007
39 Page 152 of 231
FOR THE STATE OF NEW YORK and JAMES V. McDONALD, as COMMISSIONER of the
NEW YORK STATE DEPARTMENT OF HEALTH:
Dated:
LETITIA JAMES
Attorney General of the State of New York
By:
ANDREW J. GERSHON
ANDREW G. FRANK
Assistant Attorneys General
N.Y.S. Attorney General's Office
28 Liberty Street, 19th Floor
New York, New York 10005
Tel.: (212) 416-8474/8271
andrew.gershon@ag.ny.gov
andrew.frank@ag.ny.gov
40 Page 153 of 231
FOR DEFENDANT WESTCHESTER JOINT WATER WORKS:
Dated:
Paul Kutzy, P.E.
Manager
Westchester Joint Water Works
1625 Mamaroneck Avenue
Mamaroneck, NY 10543
Approved as to Form:
Dated:
McCarthy Fingar LLP
By:
Lori Lee Dickson
711 Westchester Avenue, Suite 405
White Plains, NY 10604
Telephone: 914-385-1023
Email: ldickson@mccarthyfingar.com
General Counsel to Westchester Joint Water Works
Dated:
Bryan Cave Leighton Paisner LLP
By:
Philip E. Karmel
1290 Avenue of the Americas
New York,New York 10104
Telephone: 212-541-2311
Email: pekarmel@bclplaw.com
Attorneys for Defendant Westchester Joint Water Works
41 Page 154 of 231
FOR DEFENDANT TOWN/VILLAGE OF HARRISON:
Dated:
The Hon. Rich Dionisio
Supervisor/Mayor
Town/Village of Harrison
1 Heineman Place
Harrison, NY 10528
Email: rdionisio@harrison-ny.gov
Approved as to Form:
Dated:
Katten Muchin Rosenman LLP
By:
Scott A. Resnik
50 Rockefeller Plaza
New York,NY 10020-1605
Telephone: 212.940.8543
Email: scott.resnik@katten.com
Attorneys for Defendant Town/Village ofHarrison
42 Page 155 of 231
FOR DEFENDANT TOWN OF MAMARONECK:
Dated:
The Hon. Jaine Elkind Eney
Supervisor
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
Email: supervisor@TownofmamaroneckNY.org
Approved as to Form:
Dated:
Abrams Fensterman, LLP
By:
Robert Spolzino
81 Main Street Suite 400
White Plains, New York 10601
Telephone: 914-607-7102
Email: RSpolzino@Abramslaw.com
Attorneys for Defendant Town of Mamaroneck
43 Page 156 of 231
FOR DEFENDANT VILLAGE OF MAMARONECK:
Dated:
The Hon. Sharon Torres
Mayor
Village of Mamaroneck
123 Mamaroneck Avenue
Mamaroneck, NY 10543
Email: storres@vomny.org
Approved as to Form:
Dated:
Abrams Fensterman, LLP
By:
Robert Spolzino
81 Main Street Suite 400
White Plains, New York 10601
Telephone: 914-607-7102
Email: RSpolzino@Abramslaw.com
Attorneys for Defendant Village of Mamaroneck
44 Page 157 of 231
7.
. 7
ul 1 rri Town of Mamaroneck
in
# x Town Center
FOUNDED 1661 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: Comprehensive Plan
Date: May 22, 2024
Attached is a memo from Town Attorney, Bill Maker, regarding the proposed Comprehensive Plan.
As you well know, this process has been years in the making and has gone through numerous
iterations. Once the Comprehensive Plan is approved, the development of the implementation plan
can begin.
Action Requested:
Resolved that the proposed Comprehensive Plan hereby be and the same is adopted
as the Comprehensive Plan of the Town of Mamaroneck.
Attachment/s:
2024-5-17-mx-TB-tr proposed resolution
2024-5-10-resolution adopting comp plan REDLINED
2024-5-10-resolution adopting comp plan FINAL
Page 158 of 231
*7'4
o13 Town of Mamaroneck
r County of Westchester
~FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353
COUNSEL TEL: 914/381-7815
FAX: 914/ 381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Meredith S. Robson, Town Administrator
From: William Maker,Jr.,Attorney for the Town
Subject: Comprehensive Plan
Date: May 17, 2024
I attach a proposed resolution that if passed, will adopt the Compressive Plan that was
the subject of the public hearing as the Town's Comprehensive Plan.
As the redlined version shows,this resolution is derived from the one by which the Town
Board issued a negative declaration. It adds to the preamble a recital about the adoption of the
negative declaration on May 8th and eliminates the resolutions that had appeared in the draft
resolution presented on that same day dealing with the negative declaration.
Page 159 of 231
RESOLUTION ADOPTING DECLARING THAT THE ADOPTION OF THE PROPOSED
COMPREHENSIVE PLAN WILL NOT HAVE A SIGNIFICANT EFFECT UPON THE
ENVIRONMENT (NEGATIVE DECLARATION)
On the motion of
seconded by the
following was voted upon
Whereas, in 2021, the Town Board determined that the Town's Comprehensive Plan
should be updated, and
Whereas, on October 26, 2021, the Town engaged the Pace School of Law Land Use Law
Center (Pace) to assist with gathering and synthesizing data and writing drafts of a
Comprehensive Plan, and
Whereas, on April 19,2023, the Town engaged Kevin Dwarka LLC as an expert to assure
that the Town Board's procedure for considering a Comprehensive Plan complies with the State
Environmental Quality Review Act, and
Whereas, the Town formed a Steering Committee comprised of local citizens whose task
included developing possible goals for both the near and long term to be set forth in a
Comprehensive Plan, and
Whereas, after its formation, the Steering Committee and Pace engaged in a robust
process to solicit comments and opinions from the general public and others regarding the goals
to be included in the Town's Comprehensive Plan by conducting workshops, focus groups and
multiple meetings, including meetings of the Steering Committee, and
Whereas, the Town received multiple comments either through in-person presentations
or through written or electronic communication from citizens and others interested in the
content of the Town's Comprehensive Plan, and
Whereas, the Town Board reviewed numerous drafts of a proposed Comprehensive
Plan prepared by Tiffany Zezula of Pace with the assistance of Kevin Dwarka LLC, and
Whereas, the Town Board's review and revision led to a final draft of a proposed
Comprehensive Plan that the Town Board determined to be worthy of public discussion, and
Whereas, on January 24,2024, the Town Board resolved (a) to be the Lead Agency under
the State Environmental Quality Review Act (SEQRA) for the review of the proposed
Comprehensive Plan, and (b) that the adoption of a comprehensive plan is an Unlisted Action
under SEQRA, and
Page 160 of 231
Whereas, a Long Form Environmental Assessment Form was prepared to determine
what, if any, significant adverse environmental impacts there may be if the Town Board were to
adopt the proposed Comprehensive Plan, and
Whereas, the Town Board as Lead Agency has reviewed that Long Form Environmental
Assessment Form, and
Whereas, pursuant to section 272-a of the NY Town Law, the Town Board referred the
proposed Comprehensive Plan to the Westchester County Department of Planning, and
Whereas, the Westchester County Department of Planning submitted written comments
about the proposed Comprehensive Plan, and
Whereas, the Town Board has considered the comments made by the Westchester
County Department of Planning, and
Whereas, the Town Board directed that drafts of the proposed Comprehensive Plan be
sent to the Village of Mamaroneck and the Village of Larchmont, and
Whereas, drafts of the proposed Comprehensive Plan were sent to the Village of
Mamaroneck and the Village of Larchmont, and
Whereas, neither Village has submitted any comments to the proposed Comprehensive
Plan, and
Whereas, on April 10, 2024, the Town Board opened a public hearing to discuss whether
it should adopt the proposed Comprehensive Plan as the Town's Comprehensive Plan, and
Whereas, that hearing was continued on April 24, 2024 and May 8, 2024, and
Whereas, that public hearing was closed on May 8, 2024. and
Whereas, on May 8, 2024, the Town Board, acting as Lead Agency pursuant to SEQRA,
(1) declared that adoption of the proposed Comprehensive Plan will not result in significant
adverse impacts upon the environment and that there is no reason to prepare an environmental
impact statement and (2) issued a negative declaration in accordance with the rules
promulgated by the Department of Environmental Conservation with respect to the adoption of
the proposed Comprehensive Plan
NOW, THEREFORE, BE IT
2
Page 161 of 231
RESOLVED, that the proposed Comprehensive Plan hereby be and the same is adopted
as the Comprehensive Plan of the Town of Mamaroneck.
the Town Board adopts the Long Form Environmental A,sessment Form, and
BE IT FURTHER
RESOLVED, that for the reasons contained in the annexed NEGATIVE DECLARATION,
the terms of which hereby arc approved and which by this resolution hereby arc adopted, the
Town Board finds that the adoption of the proposed Comprehensive Plan will not result in
significant adverse impacts upon the environment and therefore there is no reason to prepare
an environmental impact statement.
The above resolution was put to a roll call vote:
Nambiar
Nichinsky
King
Fiddelman
Elkind Eney
5-10-24
3
Page 162 of 231
RESOLUTION ADOPTING THE PROPOSED COMPREHENSIVE PLAN
On the motion of
seconded by the
following was voted upon
Whereas, in 2021, the Town Board determined that the Town's Comprehensive Plan
should be updated, and
Whereas, on October 26, 2021, the Town engaged the Pace School of Law Land Use Law
Center (Pace) to assist with gathering and synthesizing data and writing drafts of a
Comprehensive Plan, and
Whereas, on April 19, 2023, the Town engaged Kevin Dwarka LLC as an expert to assure
that the Town Board's procedure for considering a Comprehensive Plan complies with the State
Environmental Quality Review Act, and
Whereas, the Town formed a Steering Committee comprised of local citizens whose task
included developing possible goals for both the near and long term to be set forth in a
Comprehensive Plan, and
Whereas, after its formation, the Steering Committee and Pace engaged in a robust
process to solicit comments and opinions from the general public and others regarding the goals
to be included in the Town's Comprehensive Plan by conducting workshops, focus groups and
multiple meetings,including meetings of the Steering Committee, and
Whereas, the Town received multiple comments either through in-person presentations
or through written or electronic communication from citizens and others interested in the
content of the Town's Comprehensive Plan, and
Whereas, the Town Board reviewed numerous drafts of a proposed Comprehensive
Plan prepared by Tiffany Zezula of Pace with the assistance of Kevin Dwarka LLC, and
Whereas, the Town Board's review and revision led to a final draft of a proposed
Comprehensive Plan that the Town Board determined to be worthy of public discussion, and
Whereas, on January 24,2024, the Town Board resolved (a) to be the Lead Agency under
the State Environmental Quality Review Act (SEQRA) for the review of the proposed
Comprehensive Plan, and (b) that the adoption of a comprehensive plan is an Unlisted Action
under SEQRA, and
Page 163 of 231
Whereas, a Long Form Environmental Assessment Form was prepared to determine
what, if any, significant adverse environmental impacts there may be if the Town Board were to
adopt the proposed Comprehensive Plan, and
Whereas, the Town Board as Lead Agency has reviewed that Long Form Environmental
Assessment Form, and
Whereas, pursuant to section 272-a of the NY Town Law, the Town Board referred the
proposed Comprehensive Plan to the Westchester County Department of Planning, and
Whereas, the Westchester County Department of Planning submitted written comments
about the proposed Comprehensive Plan, and
Whereas, the Town Board has considered the comments made by the Westchester
County Department of Planning, and
Whereas, the Town Board directed that drafts of the proposed Comprehensive Plan be
sent to the Village of Mamaroneck and the Village of Larchmont, and
Whereas, drafts of the proposed Comprehensive Plan were sent to the Village of
Mamaroneck and the Village of Larchmont, and
Whereas, neither Village has submitted any comments to the proposed Comprehensive
Plan, and
Whereas, on April 10, 2024, the Town Board opened a public hearing to discuss whether
it should adopt the proposed Comprehensive Plan as the Town's Comprehensive Plan, and
Whereas,that hearing was continued on April 24, 2024 and May 8, 2024, and
Whereas,that public hearing was closed on May 8, 2024. and
Whereas, on May 8, 2024, the Town Board, acting as Lead Agency pursuant to SEQRA,
(1) declared that adoption of the proposed Comprehensive Plan will not result in significant
adverse impacts upon the environment and that there is no reason to prepare an environmental
impact statement and (2) issued a negative declaration in accordance with the rules
promulgated by the Department of Environmental Conservation with respect to the adoption of
the proposed Comprehensive Plan.
NOW, THEREFORE,BE IT
2
Page 164 of 231
RESOLVED, that the proposed Comprehensive Plan hereby be and the same is adopted
as the Comprehensive Plan of the Town of Mamaroneck.
The above resolution was put to a roll call vote:
Nambiar
Nichinsky
King
Fiddelman
Elkind Eney
5-10-24
3
Page 165 of 231
m Town of Mamaroneck
X Town Center
FOUNDED 1661 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: Housing Authority - Lease Amendment and Resolution
Date: May 22, 2024
Attached is an amendment to the ground lease with the Housing Authority. The last amendment was
done in 2015. This amendment specifies the limitations on income for subtenants, increases the
number of apartments to be sublet to those holding Section 8 vouchers and eliminates the lottery
system for subletting individual apartments. The Housing Authority approved this proposed
amendment at their May 6, 2024 meeting and is now seeking approval from the Town Board.
Action Requested:
Resolved that the Town Board hereby approves the lease amendment with the Town of
Mamaroneck Housing Authority and hereby authorizes the Town Administrator to
execute the agreement and any related documents necessary to carry out its
implementation.
Attachment/s:
Lease Amendment 5.13.2024
TMHA Lease Amendment Resolution - 2024 5.13.2024
Page 166 of 231
AMENDMENT TO THE GROUND LEASE BETWEEN THE TOWN OF MAMARONECK
AND THE TOWN OF MAMARONECK HOUSING AUTHORITY
This amendment is between the Town of Mamaroneck, a municipal corporation, having
an address at Town Center, 740 West Boston Post Road, Mamaroneck, New York 10543
(Landlord) and the Town of Mamaroneck Housing Authority, a municipal housing authority
established by section 569 of the New York Public Housing Law,having an address at 740 West
Boston Post Road, Mamaroneck, New York (Tenant).
Recitals
Whereas, the parties entered into a Ground Lease on July 19, 1993 whereby the Landlord
leased to the Tenant the land owned by the Landlord that is described in Schedule "A" to the
Ground Lease whereon the Tenant constructed fifty-four (54) residential rental apartment units,
now known as the Hommocks Park Apartments (Apartments), to be sublet to persons with
limited income, and
Whereas, the Tenant has been subletting fifty-three (53) such apartments (one being
reserved for an on-site superintendent) ever since construction was completed, and
Whereas,the parties amended the Ground Lease on June 9,2015, and
Whereas, the parties wish to amend the lease further to specify the limitations on income
for subtenants of the Apartments, to increase the number of apartments to be sublet to persons
holding vouchers under what is commonly referred to as the Title VII Section 8 program(see USC
42 USC §1437 [f]) and to eliminate an archaic lottery system for subletting the individual
apartments.
Now, therefore, intending to be bound, the parties agree as follows:
Page 167 of 231
First: Section 5 A of the Ground Lease as amended on June 9, 2015 is deleted and the following
substituted in its place:
A. The Tenant's subtenants shall be selected in accordance with the selection criteria
contained in Schedule "A" hereto. Notwithstanding such criteria, the Tenant shall
utilize its best efforts to sublet no less than sixteen (16) of the apartments to persons
holding vouchers under what is commonly referred to as the Title VII Section 8
program (see USC 42 USC§1437 [f]).
Second: Schedule A of the Ground Lease as amended on June 9,2015 is amended by adding the
following definitions below the title of Schedule A and above section "I.: General Eligibility
Requirements upon initial application"
Definitions.
For the purpose of this Schedule, the following terms shall have the following
meanings:
"Household"means the person who is, or is applying to become, a subtenant and
each person who does, or will, reside in the apartment sublet or to be sublet to
such person.
"Income" means the annual (1) compensation for services performed, interest,
dividends, social security benefits, unemployment insurance benefits, worker's
compensation benefits, veteran's benefits, public assistance, alimony or
maintenance, child support, rent or lease payments, royalties, licenses and
distributions from (a) individual retirement accounts, (b) 401 K or other types of
retirement plans or pension plans, (c) annuities, (d) trusts, (e) estates, (f)
2
Page 168 of 231
corporations, (g) limited liability companies, (h) sole proprietorships, or (i)
partnerships whether or not the receipt of such payment is taxed as income by the
United States and (2) amounts paid by persons who are not members of the
household to or for the benefit of any member of the household.
"Median gross income" means the median gross income contained in the most
recent publication by the Unites States government of median gross incomes for
family units in Westchester County, New York at the time that the application to
become a subtenant or to renew a sublease is made. If no such publication exists,
the Tenant shall use the most reliable source for such information it can find.
Third: Section I A.of Schedule A of the Ground Lease as amended on June 9,2015 is deleted and
the following substituted in its place:
I. General Eligibility Requirements upon Initial Application
A. Income Requirements.
A person applying to be a subtenant shall be offered a lease if the person's
household income is certified by the Tenant or its designee as being no more than
eighty (80%) percent of the median gross income for a family unit in Westchester
County, New York which has the same number of people as there are members of
the household. To make such certification,the applicant shall submit to the Tenant
or its designee (1) the items reasonably needed to determine the applicant's
household income and (2) a certification signed by the applicant, under oath, that
the information submitted is accurate and contains complete documentation of the
household's entire income.
3
Page 169 of 231
The goal of the Ground Lease is to provide affordable housing to persons in need
of such housing on an ongoing basis. In order to keep rents at affordable levels,
the Tenant must be confident that an applicant will be able to pay the rent on a
timely basis. Therefore, in addition to income, the Tenant shall consider the
applicant's creditworthiness. To do so, the applicant shall deliver to the Tenant
or its designee a signed release or similar instrument that will allow the Tenant or
its designee to confirm the accuracy of the information submitted and to obtain a
credit report of the applicant. Notwithstanding, Subtenant's income eligibility
alone does not automatically entitle subtenant to a lease as there may be other
factor(s)that would otherwise disqualify a subtenant from being offered same and
Tenant may, at its discretion, decline to offer a lease based on these other factor(s)
so long as such decision does not violate applicable relevant State and or Federal
law(s), regulation(s) and/or policy, etc.
Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended
by deleting from subsection B thereof the words:
"and will use a lottery system to determine the order in which it will review
applications within each Tiers (sic)."
No change is made to the remaining portion of subsection B which shall remain in full force and
effect.
Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9, 2015 is deleted and
the following substituted in its place:
IV. Renewal Policy
4
Page 170 of 231
A. Subtenant whose lease expires in 2024
An existing subtenant whose lease term expires during 2024 and who is not in
violation of the existing lease shall be allowed to renew the lease for a one-year
period at a rent equal to one hundred and four (104%) percent of the amount of
the subtenant's current monthly rent regardless of the household income.
B. Subtenant whose lease expires in 2025 and whose household income is no
greater than 80%of Median Gross Income
A subtenant whose lease term expires during 2025 and who is not in violation of
the then existing lease shall be allowed to renew the lease for a one-year period at
a rent equal to the adjusted rent amount as set by the Town of Mamaroneck
Housing Authority Board for 2025 if the household income is recertified by the
Tenant or its designee as being no more than eighty (80%) percent of the median
gross income for a family unit in Westchester County, New York which has the
same number of people as there are members of the household.
C. Subtenant whose lease expires in 2025 and whose household income is
more than 80% of Median Gross Income but not greater than 90% of
Median Gross Income
A subtenant whose lease term expires during 2025 who is not in violation of the
existing lease and whose household income is recertified by the Tenant or its
designee as being more than 80%of median gross income but not greater than 90%
of median gross income for a family unit in Westchester County,New York which
has the same number of people as there are members of the household shall be
5
Page 171 of 231
allowed to renew the lease for a one-year period at a rent equal to thirty (30%)
percent of the household income.
D. Subtenant whose lease expires in 2025 and whose household income is
greater than 90% of Median Gross Income
A subtenant whose lease term expires in 2025 shall NOT be allowed to renew the
lease IF the household income is recertified by the Tenant or its designee as being
greater than ninety(90%) percent of the median gross income for a family unit in
Westchester County,New York which has the same number of people as there are
members of the household at such rent as the Tenant determines;provided the law
allows the Tenant to charge rent of that amount.
E. Subtenant whose lease expires in 2026 or in a later year
A subtenant whose lease term expires during 2026 or during any later year and
who is not in violation of the then existing lease shall be allowed to renew the lease
for a one-year period at a rent equal to the amount set by the Town of
Mamaroneck Housing Authority Board for the year of the renewal only if the
household income is recertified by the Tenant or its designee as being no more
than eighty (80%) percent of the median gross income for a family unit in
Westchester County,New York which has the same number of people as there are
members of the household. For 2026 and beyond, the TMHA will not issue a lease
renewal for any tenant whose household income is more than 80% of Median
Gross Income but not greater than 90% of Median Gross Income
F. Recertification
6
Page 172 of 231
(a)The TMHA will each year issue to eligible subtenants a proposed renewal lease.
The timing for the issuance of renewal leases will be in accordance with New York
State law governing notifications to subtenants based upon proposed rent
increases.(b) The Tenant or a person designated by the Tenant to recertify the
subtenant's income shall submit to the subtenant (1) a list of the items needed to
determine the subtenant's household income, (2) a proposed certification to be
signed by the subtenant, under oath, that the information to be submitted is
accurate and contains complete documentation of the household's entire income
and (3) a proposed release to allow the Tenant or its designee to confirm the
accuracy of the information to be submitted and to obtain a credit report of the
Tenant. The subtenant shall deliver the items requested, the signed certification
and the signed release to the Tenant or the Tenant's designee within 30 days after
receiving the aforementioned list. A subtenant's failure to submit the required
items within such 30-day period will allow (but not require) the Tenant to refuse
to renew such lease.
Sixth: The signatories to this amendment represent that he or she has the right to enter into this
amendment on behalf of the party for which he or she is signing this amendment, (ii)the consent
of a third party is not required to perfect such authority, (iii) the party on whose behalf he or she
is signing this amendment has undertaken all actions required to enter into this amendment, and
(iv)his or her signature represents the binding obligation of such entity.
Seventh: (a)This amendment constitutes the entire understanding between the parties regarding
the subject matter contained herein. The parties acknowledge that there has been and are no
7
Page 173 of 231
representations, warranties, covenants or understandings other than those expressly set forth
herein and that all prior agreements between the parties regarding the subject matter of this
amendment — whether oral or in writing — are superseded by this amendment and do not
survive it as this document expresses the parties' entire understanding regarding the subject
matter contained herein.
(b) This amendment may only be changed by a writing executed by a duly authorized
representative of each party.
Eighth: This amendment may be executed in one or more counterparts, each of which shall be
considered an original.Facsimile signatures or signatures that are transmitted electronically shall
be considered original signatures.
Ninth: Whenever required or appropriate,words in the singular number shall be construed as if
they were in the plural number
Tenth: This amendment shall be governed by and construed in accordance with the laws of the
State of New York without regard to principles of conflicts of law. Any litigation arising out of
this amendment shall be brought in the Supreme Court of the State of New York in and for the
County of Westchester.
Eleventh: If any court of competent jurisdiction holds any provision of this amendment invalid
or unenforceable,the other provisions of this amendment will remain in full force and effect.Any
provision of this amendment held invalid or unenforceable only in part or degree will remain in
full force and effect to the extent not held invalid or unenforceable. The parties agree to execute
and deliver such other documents and to perform such other acts as may, from time to time, be
reasonably required to give full force and effect to the intent and purpose of this amendment.
8
Page 174 of 231
In witness whereof, the parties have caused this amendment to be executed by their duly
authorized representatives.
Town of Mamaroneck
By:
Meredith S. Robson, Town Administrator
Town of Mamaroneck Housing Authority
By:
Joseph Mileto,Chairman
May 13,2024
9
Page 175 of 231
EXTRACT OF THE MINUTES OF THE MEETING OF THE MAMARONECK HOUSING
AUTHORITY HELD MAY 6,2024 BEGINNING AT 7:30 PM,AT THE MAMARONECK TOWN
CENTER,740 WEST BOSTON POSRT ROAD,MAMARONECK,NY 10543.
CONSIDERATION OF LEASE AMENDMENT—TOWN OF MAMARONECK
RESOLUTION TO AMEND THE LEASE AGREEMENT BETWEEN THE TOWN OF MAMARONECK AND THE
MAMARONECK HOUSING AUTHORITY.
This amendment is between the Town of Mamaroneck,a municipal corporation, having an address at
Town Center,740 West Boston Post Road, Mamaroneck, New York 10543(Landlord)and the Town of
Mamaroneck Housing Authority, a municipal housing authority established by section 569 of the New
York Public Housing Law, having an address at 740 West Boston Post Road, Mamaroneck, New York
(Tenant).
Recitals
Whereas,the parties entered into a Ground Lease on July 19,1993 whereby the Landlord leased
to the Tenant the land owned by the Landlord that is described in Schedule "A"to the Ground Lease
whereon the Tenant constructed fifty-four(54) residential rental apartment units, now known as the
Hommocks Park Apartments(Apartments),to be sublet to persons with limited income, and
Whereas,the Tenant has been subletting fifty-three(53)such apartments(one being reserved
for an on-site superintendent)ever since construction was completed,and
Whereas,the parties amended the Ground Lease on June 9,2015,and
Whereas,the parties wish to amend the lease further to specify the limitations on income for
subtenants of the Apartments, to increase the number of apartments to be sublet to persons holding
vouchers under what is commonly referred to as the Title VII Section 8 program(see USC 42 USC§1437
If])and to eliminate an archaic lottery system for subletting the individual apartments.
Now,therefore,intending to be bound,the parties agree as follows:
First: Section 5 A of the Ground Lease as amended on June 9, 2015 is deleted and the following
substituted in its place:
A. The Tenant's subtenants shall be selected in accordance with the selection criteria
contained in Schedule"A" hereto. Notwithstanding such criteria,the Tenant shall utilize
its best efforts to sublet no less than sixteen (16)of the apartments to persons holding
vouchers under what is commonly referred to as the Title VII Section 8 program(see USC
42 USC§1437[f]).
1
Page 176 of 23'
Second: Schedule A of the Ground Lease as amended on June 9, 2015 is amended by adding the
following definitions below the title of Schedule A and above section"I.:General Eligibility Requirements
upon initial application"
Definitions.
For the purpose of this Schedule,the following terms shall have the following meanings:
"Household"means the person who is,or is applying to become,a subtenant and each
person who does,or will,reside in the apartment sublet or to be sublet to such person.
"Income" means the annual (1) compensation for services performed, interest,
dividends, social security benefits, unemployment insurance benefits, worker's
compensation benefits, veteran's benefits, public assistance, alimony or maintenance,
child support, rent or lease payments, royalties, licenses and distributions from (a)
individual retirement accounts,(b)401 K or other types of retirement plans or pension
plans,(c)annuities,(d)trusts,(e)estates,(f)corporations,(g)limited liability companies,
(h)sole proprietorships,or(i)partnerships whether or not the receipt of such payment
is taxed as income by the United States and(2) amounts paid by persons who are not
members of the household to or for the benefit of any member of the household.
"Median gross income" means the median gross Income contained in the most recent
publication by the Unites States government of median gross incomes for family units in
Westchester County, New York at the time that the application to become a subtenant
or to renew a sublease is made. If no such publication exists,the Tenant shall use the
most reliable source for such information it can find.
Third: Section I A.of Schedule A of the Ground Lease as amended on June 9, 2015 is deleted and the
following substituted in its place:
I. General Eligibility Requirements upon Initial Application
A. Income Requirements.
A person applying to be a subtenant shall be offered a lease if the person's household
income is certified by the Tenant or its designee as being no more than eighty (80%)
percent of the median gross income for a family unit in Westchester County, New York
which has the same number of people as there are members of the household. To
make such certification,the applicant shall submit to the Tenant or its designee(1)the
items reasonably needed to determine the applicant's household income and (2) a
2
Page 177 of 23
certification signed by the applicant, under oath, that the information submitted is
accurate and contains complete documentation of the household's entire income.
The goal of the Ground Lease is to provide affordable housing to persons in need of such
housing on an ongoing basis. In order to keep rents at affordable levels, the Tenant
must be confident that an applicant will be able to pay the rent on a timely basis.
Therefore, in addition to income, the Tenant shall consider the applicant's
creditworthiness. To do so,the applicant shall deliver to the Tenant or its designee a
signed release or similar instrument that will allow the Tenant or its designee to confirm
iI the accuracy of the information submitted and to obtain a credit report of the applicant.
Notwithstanding, Subtenant's income eligibility alone does not automatically entitle
subtenant to a lease as there may be other factor(s)that would otherwise disqualify a
subtenant from being offered same and Tenant may,at its discretion,decline to offer a
lease based on these other factor(s)so long as such decision does not violate applicable
relevant State and or Federal law(s),regulation(s)and/or policy,etc.
Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended by
deleting from subsection B thereof the words:
"and will use a lottery system to determine the order in which it will review applications
within each Tiers(sic)."
No change is made to the remaining portion of subsection B which shall remain in full force and effect.
Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9,2015 is deleted and
the following substituted in its place:
IV.Renewal Policy
A. Subtenant whose lease expires in 2024
An existing subtenant whose lease term expires during 2024 and who is not in violation
of the existing lease shall be allowed to renew the lease for a one-year period at a rent
equal to one hundred and four(104%)percent of the amount of the subtenant's current
monthly rent regardless of the household income.
B. Subtenant whose lease expires in 2025 and whose household income is no
greater than 80%of Median Gross Income
A subtenant whose lease term expires during 2025 and who is not in violation of the
then existing lease shall be allowed to renew the lease for a one-year period at a rent
equal to the adjusted rent amount as set by the Town of Mamaroneck Housing
Authority Board for 2025 if the household income is recertified by the Tenant or Its
3
Page 178 of 23'
designee as being nn more than eighty(80%)percent of the median gross income for a
� family unit in Westchester County, New York which has the same number of people as
{
| there are members of the household.
� C. Subtenant whose lease expires in zuasand mhpm, household income ismore
than 8o%vf Median Gross Income but not greater than yo%o[Median Gross
' Income
!
|
/ x subtenant whose lease term expires during 2025 who is not in violation pf the existing
1 lease and whose household income is recertified by the Tenant or its designee as being
more than gn% of median gross income but not greater than yu% of median gross
� income for a family unit in Westchester County, New York which has the same number
of people as there are members uf the household shall bp allowed »orenew the lease
/ for a one-year period at a rent equal to thirty(30%)percent of the household Income.
| D. Subtenant whose lease expires m zoas and whose household income isgreater
| than y0%of Median Gross Income
. A subtenant whose lease term expires|nzoas shall NOT hp allowed tn renew the lease
| IF the household income is recertified bv the Tenant ur its designee as being greater
|
than ninety(yo%)percent of the median gross income for a family unit mWestchester
County, New York which has the same number of people as there are members u,the
household at such rent as the Tenant determines;provided the law allows the Tenant m
charge rent of that amount.
� E. Subtenant whose lease expires inzozav,|nu later vear
�
` xsubtenant whose lease term expires during uouao,during any later year and who is
not m violation of the then existing lease shall be allowed to renew the lease for a one-
year pe,ind at rent equal to the amount ,et hv the Town of Mamaroneck Housing
Authority Board for the year of the renewal only if the household income is recertified
�
| by the Tenant n,its designee as being nomore than eighty(80%)percent of the median
gross income for family unit in Westchester County, New York which has the same
/ number vf people as there are members of the household. For Z0%6 and beyond,the
/
' nw*AwiU not issue o |eup, renewal for any tenant whose household income is more
/
� mha"m%of Median Gross Income but not greater than 90%of Median Gross Income
/
F. Recertification
! (a)The TxxnA will each year issue m eligible subtenants a proposed renewal lease. The
� timing for the issuance of renewal leases will be in accordance with New York State law
4
i Page 170of231
governing notifications to subtenants based upon proposed rent increases.(b) The
Tenant or a person designated by the Tenant to recertify the subtenant's income shall
submit to the subtenant (1) a list of the items needed to determine the subtenant's
household income, (2) a proposed certification to be signed by the subtenant, under
oath, that the information to be submitted is accurate and contains complete
documentation of the household's entire income and (3) a proposed release to allow
the Tenant or its designee to confirm the accuracy of the information to be submitted
and to obtain a credit report of the Tenant. The subtenant shall deliver the items
requested,the signed certification and the signed release to the Tenant or the Tenant's
designee within 30 days after receiving the aforementioned list. A subtenant's failure to
submit the required items within such 30-day period will allow (but not require) the
Tenant to refuse to renew such lease.
Sixth: The signatories to this amendment represent that he or she has the right to enter into this
amendment on behalf of the party for which he or she is signing this amendment,(ii)the consent of a
third party is not required to perfect such authority,(iii)the party on whose behalf he or she is signing
this amendment has undertaken all actions required to enter into this amendment,and (iv) his or her
signature represents the binding obligation of such entity.
Seventh: (a)This amendment constitutes the entire understanding between the parties regarding the
subject matter contained herein. The parties acknowledge that there has been and are no
representations, warranties, covenants or understandings other than those expressly set forth herein
and that all prior agreements between the parties regarding the subject matter of this amendment—
whether oral or in writing—are superseded by this amendment and do not survive it as this document
expresses the parties'entire understanding regarding the subject matter contained herein.
(b)This amendment may only be changed by a writing executed by a duly authorized
representative of each party.
Eighth: This amendment may be executed In one or more counterparts, each of which shall be
considered an original. Facsimile signatures or signatures that are transmitted electronically shall be
considered original signatures.
Ninth: Whenever required or appropriate,words in the singular number shall be construed as if they
were in the plural number
5
Page 180 of 23'
Tenth: This amendment shall be governed by and construed in accordance with the laws of the State of
New York without regard to principles of conflicts of law. Any litigation arising out of this amendment
shall be brought in the Supreme Court of the State of New York in and for the County of Westchester.
Eleventh: If any court of competent jurisdiction holds any provision of this amendment invalid or
unenforceable,the other provisions of this amendment will remain in full force and effect.Any provision
of this amendment held invalid or unenforceable only In part or degree will remain in full force and
effect to the extent not held invalid or unenforceable. The parties agree to execute and deliver such
other documents and to perform such other acts as may,from time to time,be reasonably required to
give full force and effect to the intent and purpose of this amendment.
RESOLVED,that the Board of the Town of Mamaroneck Housing Authority hereby adopt the lease
amendments and be it,
Further Resolved,that the Chairman of the Housing Authority is hereby authorized to execute the lease
amendment with the Town.
The above resolution was approved on motion from Mr.Lawrence Thaul and seconded by Ms.Christie
Philbrick-Wheaton.
COUNTY OF WESTCHESTER }SS.:
MAMARONECK HOUSING AUTHORITY
I do hereby certify that I have compared the annexed Resolution with the original on file in
my office,and that the same is a true and correct transcript therefrom and of the whole of the
said original Resolution,which was duly passed by the Mamaroneck Housing Authority,a
quorum being present May 6,2024.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Corporate Seal of said the
Mamaroneck Housing Authority,this 13th day of May,2024.
Marge ,Secretary o the Mamaroneck Housing Authority
I -
{Vk[
6
Page 181 of 231
_
Page 182 of 231
m Town of Mamaroneck
X Town Center
FOUNDED 1661 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: Affordable Housing Agreement- Housing Action Council
Date: May 22, 2024
Attached is a proposal from Rose Noonan, Executive Director of the Housing Action Council (HAC),
to the Town of Mamaroneck to qualify and certify individuals for affordable housing at the Cambium
complex. If approved, the HAC would be responsible for recertifying subtenants on an annual basis
and qualifying prospective occupants as vacancies arise. The HAC would replace SW Management
as the service provider for managing the qualification and certification process for affordable housing
units for the Cambium.
Action Requested:
Resolved that the Town Board hereby approves the agreement with Housing Action
Council to qualify and certify individuals for affordable housing units for the Cambium
Condominiums based on the proposal dated March 16, 2024, and hereby authorizes the
Town Administrator to execute the agreement and any related documents necessary to
carry out its implementation.
Attachment/s:
Housing Action Council_Affordable Housing
Page 183 of 231
HOUSING
H4 ACTION COUNCIL 55 South Broadway, 2nd FI • Tarrytown - NY 10591
Phone (914) 332-4144 • Fax (914) 332-4147
March 16, 2024
TO: Meredith S. Robson
Town Administrator
Town of Mamaroneck
FROM: Rose Noonan
Executive Director
RE: Affordable Housing
Qualifying/Certifying of Households for Affordable Housing
Thank you for requesting a proposal from Housing Action Council("HAC")to provide services to the Town
of Mamaroneck to qualify and certify individuals for affordable housing units. It is my understanding that
the Cambium includes 10 affordable units that are currently occupied and that current occupants must
be recertified on an annual basis and that when vacancies occur,prospective occupants must be qualified.
I assume there is a waitlist.
Affordable rental housing units developed pursuant to the Fair& Affordable Housing provisions of your
Zoning Ordinance(§240-28) must be occupied by qualified households and their household incomes must
be recertified annually. Affordable for-sale units must be initially occupied by qualified households. No
annual recertification is required. The Town has designated the County of Westchester("County") as the
agency responsible for administering the Fair & Affordable Housing provisions. This includes the
affirmative marketing requirements, conducting the lottery and overall monitoring. It does not include
qualification and recertification. It is my understanding that at this time no affordable housing units have
been developed under this Code.
The Housing Action Council has extensive experience in qualifying prospective applicants and recertifying
tenants in affordable units including The Danforth in Dobbs Ferry, Saw Mill Lofts in Hastings-on-Hudson,
and the City of New Rochelle Affordable Housing Program. Below is a description of services:
HAC qualifies applicants in the order of their lottery number and household size. Applications are
reviewed to determine their completeness and income qualification,and in accordance with any selection
criteria. HAC follows HUD's Part V Determination of Income requirements. The following documents are
reviewed:
• Six(6) most recent paystubs
• Federal Tax Returns with all schedules
• W-2s and 1099s
• If self-employed Profit& Loss Statement
• Most recent three months of all bank, credit union and investment statements
• Most recent statement of social security benefits and/or other benefits statements
• Most recent statement of annuity payments
• Most recent statement of retirement fund accounts (e.g.,403(b) and 401(k))
Page 184 of 231
• Birth certificate, driver's license, passport, military ID, state issued ID cards or other
appropriate documentation
Applications are rejected from consideration if the applicant does not meet income requirements
or if the household size exceeds or is over the occupancy standard for the units available. Rejected
applicants are notified in writing of the grounds for the rejection and are given 14 days from the date of
the letter to request a meeting with HAC to discuss and/or review the rejection. In the event that the
applicant requests such a meeting, HAC will schedule a meeting with the applicant within five(5) days of
such request. The applicant may bring additional data to support their appeal, or present a verbal
explanation or why they should not be denied occupancy. Factors taken into consideration include but
are not limited to: evidence or rehabilitation or repair of the disqualifying act; length of time since the
occurrence of the disqualifying act;evidence of additional income,savings or the availability of gift funds;
or the likelihood of the reoccurrence of the disqualifying act. A written decision of the appeal will be
provided to the applicant within five(5)days of the meeting.
Qualified applicants will be offered a unit subject to the owner/manager's screening criteria in
the case of tenancy or securing a responsible mortgage in the case of for-sale units. Housing Action
Council is available to assist a purchaser through the mortgage approval process.
HAC will provide periodic report to the Town on status of lease-ups and sales of any affordable
units.
For recertification, HAC will conduct the same analysis of household income determination and
household composition. In addition, Housing Action Council will:
• Set up a database to determine timing of annual recertifications
• Provide timely notices to tenants re: recertification
• Collect and analyze income documents;follow-up with tenants as needed
• Notify tenants of determination
• Provide semi-annual and annual report to Town
Our current fee schedule is as follows:
Screening& Qualifying Applicants for For-Sale Affordable Units -- $2500/closed unit
Screening and Qualifying Applicants for Affordable Rental Units --$1000/leased unit
Recertification of Existing Tenants in Affordable Rental Units-- $400/unit
We generally increase our fees 2%to 3%annually.
Please let me know if you would like to discuss the proposal.. Thank you for the opportunity.
Page 185 of 231
m Town of Mamaroneck
X Town Center
FOUNDED 1661 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: Supersession of Portions of Section 274-a (8) of the New York Town Law in
the Town of Mamaroneck
Date: May 22, 2024
Attached is a memo from Town Attorney, Bill Maker, regarding supersession of portions of Section
274-a (8) of the New York Town Law in the Town of Mamaroneck. To adopt the law, the Board
would be required to exercise its supersession power. Should the Board find this proposed local law
acceptable in its current state, I offer the following resolution:
Action Requested:
Resolved that the Town Board does hereby set the date for a Public Hearing for the
"Supersession of Portions of Section 274-a (8) of the New York Town Law in the Town of
Mamaroneck" Law for June 5,2024.
Attachment/s:
2024-5-17-mx-TB-tr LL superseding 62 days
2024-5-17-LL superseding 62 days
Page 186 of 231
o l'10 Town of Mamaroneck
iCounty of Westchester
FOUNDED 1fifi1 740 West Boston Post Road, Mamaroneck, NY 10543-3353
COUNSEL TEL: 914 /381-7815
FAX: 914 / 381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Meredith S. Robson,Town Administrator
Allison May, Town Clerk
From: William Maker,Jr., Attorney for the Town
Subject: Extending period for consideration of site plan applications from 62 to 90 days
Date: May 17, 2024
In order for the Town to pass a local law extending the period for considering site plan
applications from 62 days to 90 days,it must exercise its supersession power under the New York
Municipal Home Rule Law.
I transmit a proposed local law that does just that. The procedure for supersession calls for
adding brackets to show deleted language and italics to show substitute language. The only change
is that"sixty-two" is bracketed twice and "ninety"is italicized twice. The proposed local law makes
no other change to the state law.
If the Town Board decides that supersession is appropriate, it must set a public hearing to
consider it. Since the proposed supersession law, if adopted, will act in tandem with the proposed
local law revising site plan procedures, it makes sense that both public hearings be set for the same
Town Board meeting.
Page 187 of 231
Local Law No. -2024
This local law shall be known as the"Supersession of Portions of Section 274-a(8) of the
New York Town Law in the Town of Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 —Purpose.
The Town Board concludes that increasing the period within which the Planning Board
must act upon a site plan application from sixty-two days to ninety days will avoid the
failure of the Planning Board to act upon a site plan application due to summer schedules
or the lack of a quorum. Expending the time line by less than thirty days will not lead to
an inordinate delay in processing site plan applications.
Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck
and Supersession of New York Town Law section 274-a (8)
Section 177-12 of the Code of the Town of Mamaroneck hereby is amended to add the
following new paragraph (D)thereto:
D. Portions of section 274-a (8) of the New York Town Law hereby are superseded.
Words enclosed in brackets are eliminated therefrom. Italicized words are new matter
added thereto. Section 274-a (8) of the New York Town Law, as superseded below, shall
apply in the Town of Mamaroneck.
"§ 274-a. Site plan review.
8. Public hearing and decision on site plans. In the event a public hearing is required by
ordinance or local law adopted by the town board, the authorized board shall conduct a
public hearing within [sixty-two] ninety days from the day an application is received on
any matter referred to it under this section. The authorized board shall mail notice of
said hearing to the applicant at least ten days before said hearing and shall give public
notice of said hearing in a newspaper of general circulation in the town at least five days
prior to the date thereof and shall make a decision on the application within [sixty-two]
ninety days after such hearing, or after the day the application is received if no hearing
has been held. The time within which the authorized board must render its decision may
be extended by mutual consent of the applicant and such board. The decision of the
authorized board shall be filed in the office of the town clerk within five business days
after such decision is rendered, and a copy thereof mailed to the applicant. Nothing
herein shall preclude the holding of a public hearing on any matter on which a public
hearing is not so required."
Page 188 of 231
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
2024-5-17-LL
2
Page 189 of 231
0
ul 0 1 rri Town of Mamaroneck
Town Center
FOUNDED 1661 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: Refinement of the Procedure for Processing Site Plan Applications
Date: May 22, 2024
Attached is a memo from Town Attorney, Bill Maker, regarding a local law that would update the
procedures for acceptance of site plan applications. Should the Board find this proposed local law
acceptable in its current state, I offer the following resolution:
Action Requested:
Resolved that the Town Board does hereby set the date for a Public Hearing for the
"Update of the Procedures for Site Plan Review of Non-Residential Development" Law
for June 5, 2024.
Attachment/s:
2024-5-17-mx-TB-tr LL per 5 08 meeting
Page 190 of 231
0
. 9
o s , Town of Mamaroneck
x
_ •c-• r County of Westchester
~FOUNDED 1661 7: 740 West Boston Post Road, Mamaroneck,NY 10543-3353
COUNSEL TEL: 914/ 381-7815
FAX: 914 0 381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
ccs: Meredith S. Robson,Town Administrator
Allison May,Town Clerk
Ralph Engel, Chair of the Planning Board
From: William Maker,Jr.,Attorney for the Town
Subject: Revision of the Site Plan law
Date: May 17, 2024
I attach both a redlined and a final version of the proposed law. The difference is the
replacement of 62-day deadlines with 90-day deadlines.
If the Town Board considers this proposed law worthy of public discussion, it may set a
public hearing and after the hearing is closed, decide whether to enact it.
Page 191 of 231
Local Law No. —2024
This local law shall be known as the "Update of the Procedures for Site Plan Review of Non-
Residential Development" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 —Puryose:
Based upon the Planning Board's experience in handling applications for site plan review,
certain aspects of the process are updated by this local law to make the process run more smoothly
both for applicants and the Planning Board.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 177-9 Pre-submission conference.
A. Prior to the submission of a site plan application, the applicant and/or the applicant's
authorized representative shall meet in person or virtually with a group consisting of some
or all of the following persons: the Building Inspector, the Director of Building Code
Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer,
the Environmental Planner or Coordinator, the Attorney for the Planning Board, the
Attorney for the Town and any other Town employees or outside consultants invited to the
conference by the Town. The purpose of such conference shall be to discuss proposed uses
or development, identify potential issues and review the procedural requirements for a site
plan application so that the applicant will have a better understanding of the process for
site plan approval.
B. An application for site plan approval involving a parcel that requires variances of any kind
for its proposed use must include a copy of the resolutions adopted by the Board of
Appeals granting such variances. If a requisite variance has not been obtained at the time
such application is filed, the applicant may include with the application a list of all
variances that the proposed site plan will require. The Planning Board may consider the
application but will not grant site plan approval until the applicant presents a copy of the
resolutions adopted by the Board of Appeals granting such variances. The grant of a
variance shall not require the Planning Board to grant site plan approval.
Page 192 of 231
C. If a use for which a special use permit already has been issued will continue, and if such
special use permit is still in effect, the application for site plan approval shall contain a
copy of the most recent special use permit.
D. If the application for site plan approval will require a new or amended special use permit,
the application for site plan approval shall be accompanied by an application for a special
use permit.
Section 3—Amendment of a current section of the Mamaroneck Code:
Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 177-10 Contents of application;filing.
A. Within six months of the later of the pre-submission conference or the grant of all required
variances, the applicant shall file with the Building Department an application for site plan
approval, which shall include signed and sealed full-size (36" x 24"or at a different scale if
necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan
prepared by a New York State licensed architect or a New York State licensed professional
engineer under his/her professional seal and a copy of a certified survey prepared by a
New York State licensed surveyor under his/her professional seal on which is
superimposed the site, as it exists at the time of the application. Unless the Building
Department requests a different number, there shall be at least three (3) full-size copies,
nine (9) reduced-size copies of the aforementioned items and one copy in a digital format
acceptable to the Engineer. The size, type and quantity of all additional submissions shall
be the same as the original submission.
The detailed development plan shall contain the information specified below:
(1) A map showing the applicant's entire property and adjacent properties,
including all improvements thereon, and streets, within a radius of five
hundred (500) feet from the perimeter of the site, at a scale of not more than
fifty (50) feet to the inch and all easements,licenses, leases, covenants and other
restrictions, if any, other than zoning,that affect the proposed use of the land.
(2) The present and the proposed use, location, height and design of all existing
and proposed buildings and structures whether or not designated for
demolition or removal,including front, rear and side elevations.
(3) Any proposed division of buildings and structures.
2
Page 193 of 231
(4) Any proposed division of any building into units of separate occupancy.
(5) The proposed spatial arrangement of land uses.
(6) Existing topography and proposed grade elevations at intervals of two (2)
feet or less, unless the Engineer determines that such information is
unnecessary for site plan review.
(7) The location of all existing watercourses, waterbodies, intermittent streams
wetland areas, designated floodplains, rock outcroppings, wooded areas
and other significant existing features.
(8) The configuration of all existing and proposed public and private roads,
drives and walkways.
(9) Proposed final grades, including detailed information relative to methods to
be used to retain, stabilize and/or refurbish regraded areas.
(10) The location of all proposed parking and truck-loading/unloading areas,
with access and egress drives thereto.
(11) The directional flow of traffic and the location of all proposed traffic safety
devices, including but not limited to signage, pavement markings, signals
and equipment.
(12) The location of any proposed outdoor storage.
(13) The location and description of all existing and proposed site
improvements, including, but not limited to, drainage pipes, drains,
culverts, ditches, bridges and/or other drainage works, retaining walls,
medians, dividers and fences. Drainage information shall be provided by a
New York State licensed professional engineer, furnished under his/her seal.
(14) The location of all proposed and existing easements.
(15) The location of any special and/or zoning district lines.
(16) A description of the method of water supply and sewage and garbage
disposal and recycling facilities and the proposed location of such facilities
and their proposed connection to existing public facilities.
(17) The location,height and size of all proposed signs.
3
Page 194 of 231
(18) A landscaping plan showing the location, height, description, quality and
design of all existing and proposed landscaping and buffer areas, including,
but not limited to, the plantings proposed to be removed, moved or added
and an explanation of how the plantings that remain and the plantings
proposed to be added will be protected and maintained.
(19) The location, height and design of all proposed lighting, power and
communication facilities.
(20) The layout of all above and below-ground utilities serving the site that are
not mentioned herein.
(21) Letters or permits in the applicant's possession at the time the application is
filed from all other agencies having jurisdiction with their comments, if any,
on the site development plan
(22) The location of fire and other emergency zones, including,but not limited to
the location of fire hydrants, access drives, gates and appurtenances.
(23) The location, height, design and direction of all exterior and rooftop
structures and facilities, including, but not limited, the placement of noise
baffles and appropriate screening and a statement that all are in accordance
with the provisions of Chapter 240 of the Code of the Town of Mamaroneck
and such other provisions of law as may be applicable.
(24) The proposed location and design of all accessible parking and accessible
routes required pursuant to the New York State Uniform Fire Prevention
and Building Code or any Code that replaces it.
(25) Any other pertinent information as the Building Inspector, Director of
Building Code Enforcement and Land Use Administration, the Town
Engineer, the Deputy Town Engineer or the Planning Board may deem
appropriate to determine and provide for the proper enforcement of this
chapter.
B. The applicant shall submit proof that he/she/it has the right to use the site. Such
proof can be in the form of a deed, a lease, an easement, a license or some other
form of permission acceptable to the counsel for the Planning Board. A copy the
deed showing the site's present owner shall be submitted. If the applicant is not the
sole owner of the property, the application shall include a notarized letter from the
other owners consenting to the application for site plan approval unless such
approval is provided on the submitted application form.
4
Page 195 of 231
C. If the site plan indicates a development in stages, a supplementary plan shall be
submitted contemporaneously with the proposed site plan, showing the total
contemplated development and the proposed phasing.
D. Subsequent applications to alter or amend an approved site plan, which are not
exempt from site plan review pursuant to § 177-7C of the Code of the Town of
Mamaroneck, need only contain documents and information which directly relate
to the proposed alteration or amendment. However, the alteration will be
considered in the context of the entire previously approved site plan. The size, type
and quantity of all additional submissions shall be the same as required by § 177-
10A of the Code of the Town of Mamaroneck.
E. Nothing hereinabove shall preclude the Planning Board from requesting that
additional documents be filed (i) in order for the application to be deemed
complete or(ii)in connection with the Planning Board's review of the application.
Section 4—Amendment of a current section of the Mamaroneck Code:
Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-12 Public hearing and action by Planning Board.
A. Public hearing
(1) Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public
hearing on a site plan application shall be opened scheduled and conducted by the
Planning Board, within 6-2 90 days after the Engineer certifies that a properly
completed application has been received within the meaning of Town Law § 274-a
(8). Notwithstanding such certification, the Planning Board may determine that an
application is incomplete and if it does, it shall identify the required items that are
missing therefrom. Such application shall not be considered received within the
meaning of Town Law § 274-a (8) until the Engineer certifies that the applicant has
supplied the missing items. A public hearing on a site plan application previously
determined not to have been received within the meaning of Town Law § 274-a (8)
shall be openedccheduled and conducted by the Planning Board within 6290 days
after the Engineer's certification that the applicant has supplied the missing items.
(2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be
opened only
(i) if the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration has certified that the proposed site plan meets all
5
Page 196 of 231
requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all
requirements of any variances granted by the Board of Appeals, and
(ii) if the Secretary to the Planning Board has certified that the applicant has
complied with the notification procedures of Chapter 144 of the Code of the Town
of Mamaroneck for site plan applications where compliance therewith is mandated.
(3) In its discretion, the Planning Board may waive the requirement for a public
hearing if it makes written findings setting forth why such waiver is not
inconsistent with the purpose of this chapter.
B. Action by Planning Board.
(1) Within 6290 days after the date on which the public hearing is closed, or within
6290 days after the meeting at which the Planning Board determines to waive
the requirement for a public hearing, the Planning Board shall either approve,
disapprove or approve with conditions the site plan application and shall specify
the conditions of site plan approval,if any.
(2) A resolution disapproving a site plan application shall include written findings for
the disapproval.
(3) Applications for alterations or amendments to an approved site plan shall be acted
upon in the same manner as the application for the approval of the original site
plan. The fact that a hearing was held or waived for the original application shall
not predetermine how an application for an amended site plan is to be processed.
Section 5—Amendment of a current section of the Mamaroneck Code:
Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-14 Filing of approved site plan; expiration of approval.
A. Five signed and sealed copies of the approved site plan shall be revised by or on behalf of
the applicant to include all conditions imposed by the Planning Board. When such
conditions are properly incorporated into the revised site plan, it shall be signed and dated
by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the
approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or
the Director of Building Code Enforcement and Land Use Administration and the
Environmental Planner.
6
Page 197 of 231
B. The approval of a site plan or an amendment to a site plan shall expire automatically,
without notice given to the applicant or the applicant's representative, if a building permit
is not obtained within twenty-four (24) months from the date of such approval. If the
Engineer determines that there is no substantial change in the approved site plan and in
the condition of the site and/or its environs prior to the date such approval will expire, the
Planning Board may extend its approval for a period of up to one (1) year. If an approval is
extended, such approval shall expire automatically, without notice given to the applicant
or the applicant's representative, if a building permit is not obtained within the period of
the extension period.
Section 6—Amendment of a current section of the Mamaroneck Code:
Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-18 Penalties for offenses.
A. A person who violates any provision of this chapter shall be guilty of an offense within the
meaning of NY Penal Law § 10.00 (1). Upon conviction for violating any of sections of this
chapter, the convicted person and/or entity shall be punished by a fine of not less than two-
hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and
no/100ths ($1,000.00) dollars per violation per day, except that a person and/or entity
convicted of placing any structure which requires site plan approval or an amendment to a
site plan approval without first obtaining such approval shall be punished by a fine of not
less than one thousand and no/100ths ($1,000.00) dollars and not more than two thousand
five hundred and no/100ths ($2,500.00) dollars per day.
B. Nothing in this section shall limit the Town from seeking other or additional remedies,
including but not limited to injunctive relief and/or the issuance of stop work orders, if a
person (i) places any structure which requires site plan approval or approval of an
amendment to a site plan approval without first obtaining such approval or (ii) fails to
comply with an approved site plan or an approved amendment thereof or (iii) fails to
comply with any of the terms or conditions of the Planning Board resolution that
approved such site plan or amendment thereof.
Section 7—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.
7
Page 198 of 231
Section 8—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
2024-045-109-LL-rev per TB 5 08 mte;PR o..t c a„ges accepted
8
Page 199 of 231
Local Law No. —2024
This local law shall be known as the "Update of the Procedures for Site Plan Review of Non-
Residential Development" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
Based upon the Planning Board's experience in handling applications for site plan review,
certain aspects of the process are updated by this local law to make the process run more smoothly
both for applicants and the Planning Board.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 177-9 Pre-submission conference.
A. Prior to the submission of a site plan application, the applicant and/or the applicant's
authorized representative shall meet in person or virtually with a group consisting of some
or all of the following persons: the Building Inspector, the Director of Building Code
Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer,
the Environmental Planner or Coordinator, the Attorney for the Planning Board, the
Attorney for the Town and any other Town employees or outside consultants invited to the
conference by the Town. The purpose of such conference shall be to discuss proposed uses
or development, identify potential issues and review the procedural requirements for a site
plan application so that the applicant will have a better understanding of the process for
site plan approval.
B. An application for site plan approval involving a parcel that requires variances of any kind
for its proposed use must include a copy of the resolutions adopted by the Board of
Appeals granting such variances. If a requisite variance has not been obtained at the time
such application is filed, the applicant may include with the application a list of all
variances that the proposed site plan will require. The Planning Board may consider the
application but will not grant site plan approval until the applicant presents a copy of the
resolutions adopted by the Board of Appeals granting such variances. The grant of a
variance shall not require the Planning Board to grant site plan approval.
Page 200 of 231
C. If a use for which a special use permit already has been issued will continue, and if such
special use permit is still in effect, the application for site plan approval shall contain a
copy of the most recent special use permit.
D. If the application for site plan approval will require a new or amended special use permit,
the application for site plan approval shall be accompanied by an application for a special
use permit.
Section 3—Amendment of a current section of the Mamaroneck Code:
Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 177-10 Contents of application;filing.
A. Within six months of the later of the pre-submission conference or the grant of all required
variances, the applicant shall file with the Building Department an application for site plan
approval, which shall include signed and sealed full-size (36" x 24"or at a different scale if
necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan
prepared by a New York State licensed architect or a New York State licensed professional
engineer under his/her professional seal and a copy of a certified survey prepared by a
New York State licensed surveyor under his/her professional seal on which is
superimposed the site, as it exists at the time of the application. Unless the Building
Department requests a different number, there shall be at least three (3) full-size copies,
nine (9) reduced-size copies of the aforementioned items and one copy in a digital format
acceptable to the Engineer. The size, type and quantity of all additional submissions shall
be the same as the original submission.
The detailed development plan shall contain the information specified below:
(1) A map showing the applicant's entire property and adjacent properties,
including all improvements thereon, and streets, within a radius of five
hundred (500) feet from the perimeter of the site, at a scale of not more than
fifty (50)feet to the inch and all easements, licenses, leases,covenants and other
restrictions, if any, other than zoning,that affect the proposed use of the land.
(2) The present and the proposed use, location, height and design of all existing
and proposed buildings and structures whether or not designated for
demolition or removal, including front,rear and side elevations.
(3) Any proposed division of buildings and structures.
2
Page 201 of 231
(4) Any proposed division of any building into units of separate occupancy
(5) The proposed spatial arrangement of land uses.
(6) Existing topography and proposed grade elevations at intervals of two (2)
feet or less, unless the Engineer determines that such information is
unnecessary for site plan review.
(7) The location of all existing watercourses, waterbodies, intermittent streams
wetland areas, designated floodplains, rock outcroppings, wooded areas
and other significant existing features.
(8) The configuration of all existing and proposed public and private roads,
drives and walkways.
(9) Proposed final grades, including detailed information relative to methods to
be used to retain, stabilize and/or refurbish regraded areas.
(10) The location of all proposed parking and truck-loading/unloading areas,
with access and egress drives thereto.
(11) The directional flow of traffic and the location of all proposed traffic safety
devices, including but not limited to signage, pavement markings, signals
and equipment.
(12) The location of any proposed outdoor storage.
(13) The location and description of all existing and proposed site
improvements, including, but not limited to, drainage pipes, drains,
culverts, ditches, bridges and/or other drainage works, retaining walls,
medians, dividers and fences. Drainage information shall be provided by a
New York State licensed professional engineer, furnished under his/her seal.
(14) The location of all proposed and existing easements.
(15) The location of any special and/or zoning district lines.
(16) A description of the method of water supply and sewage and garbage
disposal and recycling facilities and the proposed location of such facilities
and their proposed connection to existing public facilities.
(17) The location,height and size of all proposed signs.
3
Page 202 of 231
(18) A landscaping plan showing the location, height, description, quality and
design of all existing and proposed landscaping and buffer areas, including,
but not limited to, the plantings proposed to be removed, moved or added
and an explanation of how the plantings that remain and the plantings
proposed to be added will be protected and maintained.
(19) The location, height and design of all proposed lighting, power and
communication facilities.
(20) The layout of all above and below-ground utilities serving the site that are
not mentioned herein.
(21) Letters or permits in the applicant's possession at the time the application is
filed from all other agencies having jurisdiction with their comments, if any,
on the site development plan
(22) The location of fire and other emergency zones, including,but not limited to
the location of fire hydrants, access drives, gates and appurtenances.
(23) The location, height, design and direction of all exterior and rooftop
structures and facilities, including, but not limited, the placement of noise
baffles and appropriate screening and a statement that all are in accordance
with the provisions of Chapter 240 of the Code of the Town of Mamaroneck
and such other provisions of law as may be applicable.
(24) The proposed location and design of all accessible parking and accessible
routes required pursuant to the New York State Uniform Fire Prevention
and Building Code or any Code that replaces it.
(25) Any other pertinent information as the Building Inspector, Director of
Building Code Enforcement and Land Use Administration, the Town
Engineer, the Deputy Town Engineer or the Planning Board may deem
appropriate to determine and provide for the proper enforcement of this
chapter.
B. The applicant shall submit proof that he/she/it has the right to use the site. Such
proof can be in the form of a deed, a lease, an easement, a license or some other
form of permission acceptable to the counsel for the Planning Board. A copy the
deed showing the site's present owner shall be submitted. If the applicant is not the
sole owner of the property, the application shall include a notarized letter from the
other owners consenting to the application for site plan approval unless such
approval is provided on the submitted application form.
4
Page 203 of 231
C. If the site plan indicates a development in stages, a supplementary plan shall be
submitted contemporaneously with the proposed site plan, showing the total
contemplated development and the proposed phasing.
D. Subsequent applications to alter or amend an approved site plan, which are not
exempt from site plan review pursuant to § 177-7C of the Code of the Town of
Mamaroneck, need only contain documents and information which directly relate
to the proposed alteration or amendment. However, the alteration will be
considered in the context of the entire previously approved site plan. The size, type
and quantity of all additional submissions shall be the same as required by § 177-
10A of the Code of the Town of Mamaroneck.
E. Nothing hereinabove shall preclude the Planning Board from requesting that
additional documents be filed (i) in order for the application to be deemed
complete or (ii)in connection with the Planning Board's review of the application.
Section 4—Amendment of a current section of the Mamaroneck Code:
Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-12 Public hearing and action by Planning Board.
A. Public hearing
(1) Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public
hearing on a site plan application shall be opened by the Planning Board, within
90 days after the Engineer certifies that a properly completed application has been
received within the meaning of Town Law § 274-a (8). Notwithstanding such
certification, the Planning Board may determine that an application is incomplete
and if it does, it shall identify the required items that are missing therefrom. Such
application shall not be considered received within the meaning of Town Law §
274-a (8) until the Engineer certifies that the applicant has supplied the missing
items. A public hearing on a site plan application previously determined not to
have been received within the meaning of Town Law § 274-a (8) shall be opened by
the Planning Board within 90 days after the Engineer's certification that the
applicant has supplied the missing items.
(2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be
opened only
(i) if the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration has certified that the proposed site plan meets all
5
Page 204 of 231
requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all
requirements of any variances granted by the Board of Appeals, and
(ii) if the Secretary to the Planning Board has certified that the applicant has
complied with the notification procedures of Chapter 144 of the Code of the Town
of Mamaroneck for site plan applications where compliance therewith is mandated.
(3) In its discretion, the Planning Board may waive the requirement for a public
hearing if it makes written findings setting forth why such waiver is not
inconsistent with the purpose of this chapter.
B. Action by Planning Board.
(1) Within 90 days after the date on which the public hearing is closed, or within 90
days after the meeting at which the Planning Board determines to waive the
requirement for a public hearing, the Planning Board shall either approve,
disapprove or approve with conditions the site plan application and shall specify
the conditions of site plan approval,if any.
(2) A resolution disapproving a site plan application shall include written findings for
the disapproval.
(3) Applications for alterations or amendments to an approved site plan shall be acted
upon in the same manner as the application for the approval of the original site
plan. The fact that a hearing was held or waived for the original application shall
not predetermine how an application for an amended site plan is to be processed.
Section 5-Amendment of a current section of the Mamaroneck Code:
Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-14 Filing of approved site plan; expiration of approval.
A. Five signed and sealed copies of the approved site plan shall be revised by or on behalf of
the applicant to include all conditions imposed by the Planning Board. When such
conditions are properly incorporated into the revised site plan, it shall be signed and dated
by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the
approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or
the Director of Building Code Enforcement and Land Use Administration and the
Environmental Planner.
6
Page 205 of 231
B. The approval of a site plan or an amendment to a site plan shall expire automatically,
without notice given to the applicant or the applicant's representative, if a building permit
is not obtained within twenty-four (24) months from the date of such approval. If the
Engineer determines that there is no substantial change in the approved site plan and in
the condition of the site and/or its environs prior to the date such approval will expire, the
Planning Board may extend its approval for a period of up to one (1) year. If an approval is
extended, such approval shall expire automatically, without notice given to the applicant
or the applicant's representative, if a building permit is not obtained within the period of
the extension period.
Section 6—Amendment of a current section of the Mamaroneck Code:
Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-18 Penalties for offenses.
A. A person who violates any provision of this chapter shall be guilty of an offense within the
meaning of NY Penal Law § 10.00 (1). Upon conviction for violating any of sections of this
chapter, the convicted person and/or entity shall be punished by a fine of not less than two-
hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and
no/100ths ($1,000.00) dollars per violation per day, except that a person and/or entity
convicted of placing any structure which requires site plan approval or an amendment to a
site plan approval without first obtaining such approval shall be punished by a fine of not
less than one thousand and no/100ths ($1,000.00) dollars and not more than two thousand
five hundred and no/100ths ($2,500.00) dollars per day.
B. Nothing in this section shall limit the Town from seeking other or additional remedies,
including but not limited to injunctive relief and/or the issuance of stop work orders, if a
person (i) places any structure which requires site plan approval or approval of an
amendment to a site plan approval without first obtaining such approval or (ii) fails to
comply with an approved site plan or an approved amendment thereof or (iii) fails to
comply with any of the terms or conditions of the Planning Board resolution that
approved such site plan or amendment thereof.
Section 7—Severabilit y:
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.
7
Page 206 of 231
Section 8—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
2024-05-10-LL-rev per TB 5 08 mtg
8
Page 207 of 231
m Town of Mamaroneck
X Town Center
FOUNDED 1661 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: Take Home Vehicle for Town Engineer
Date: May 22, 2024
As a follow up to the Compensation Study we completed last year, I am requesting consideration to
authorize a take home vehicle for the Town Engineer. The Town Engineer has the responsibility to
respond to the Town in the event of an emergency, as certain other employees do who have a take
home vehicle. Though not all communities have a staff engineer position, many that do have a vehicle
as part of the Engineer's compensation package. Should you wish to authorize the vehicle as
requested, I offer the below resolution for your consideration.
Action Requested:
Resolved that the Town Board hereby authorizes a take home vehicle for the use by the
Town Engineer with the requirement that the Town Engineer must respond to Town
emergencies as requested by the Town Administrator. Such vehicle shall be used to
commute to and from the Town with no more than limited de minims personal use.
Page 208 of 231
47,
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Allison May, Town Clerk
Re: Reports of Minutes April 10 and 25, 2024, and December 20, 2023
Date: May 22, 2024
These minutes are ready for approval.
Action Requested:
Resolved that the Town Board hereby approves the minutes of the meetings of April 10,
2024,April 25,2024, and December 20,2023.
Page 209 of 231
•" t; - Town of Mamaroneck
Town Clerk, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
amay@townofmamaroneckNY.org
Date: April 17, 2024
To: Meredith Robson, Town Administrator
From: Allison May, Town Clerk
CC: Marc RomeroAdmin Aide
Subject: Reports of Minutes April 10 and 25, 2024, and December 20, 2023
General:
Minutes of the meetings of April 10, 2024, April 25, 2024, and December 20, 2023.
Attachment/s:
2023-12-20 Final Minutes
2024-04-10 Final Minutes
2024-04-25 Final Minutes Special Meeting
Page 210 of 231
Town of Mamaroneck
447
.; Town Board Minutes
o ,f_ } z Wednesday, December 20, 2023, Courtroom, Second Floor of
z ` 4' �,
1 Town Center 5:00 PM
FOUNDED 1661
PRESENT: Jaine Elkind Eney, Town Supervisor
Abby Katz, Councilwoman
Sabrina Fiddelman, Councilwoman
Robin Nichinsky, Councilwoman
ABSENT: Jeffery L. King, Councilman
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
Connie Green O'Donnell, Deputy Town Administrator
William Maker Jr., Town Attorney
Tracy Yogman, Town Comptroller
5:00 PM THE TOWN BOARD WORK SESSION
CALL TO ORDER
The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney.
Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the Work Session
unanimously opened at 5:04 p.m.
WORK SESSION ITEMS
1. Discussion -2024 Proposed Town Board Meeting Dates
The Board decided to set most of the dates for the Town Board's 2024 meeting
schedule at next month's re-organization meeting; however, the January meeting
dates need to be set tonight. Town Supervisor Elkind Eney recommended meeting on
January 10th for the organizational meeting and January 24th for the first regular
meeting of the year.
2. OUT OF ORDER: Discussion -Acceptance of Donation to the Town of
Mamaroneck-Virginia McGuire Foundation
Mr. Ralph Engel was in attendance to discuss the generous donation of trees to the
Town from the Virginia McGuire Foundation. Administrator Robson noted that Town
staff is working to determine the tree planting locations. Mr. Engel shared that he had
confirmed with the Corporate Trustee, Bank of America, that they are willing to accept
the planting of as many trees as possible for the $55,000 grant, rather than holding
the Town to specifically 110 trees.
3. OUT OF ORDER: Discussion -Strip of Land Adjacent to the Building at 16
North Chatsworth Avenue
Town Attorney William Maker, Jr. reminded the Board that a title search had
uncovered that the strip of land lying between the building at 16 North Chatsworth
Avenue and the Town of Mamaroneck's Memorial Park is owned by the County of
Westchester, not the Town. The County has offered to sell the strip to the Town,
Page 211 of 231
Town Board
December 20, 2023
however, the 16 North Chatsworth Corporation (owner of 16 North Chatsworth) is
interested in purchasing the land. The Town does not need to own the land, the Town
simply needs to ensure access to the pipes below the strip of land and access to
Memorial Park. The 16 North Chatsworth Corporation is amenable to granting an
easement to the Town if the Town waives its right to purchase the strip from the
County.
Attorney Maker pointed out that the agreement would be recorded in order to provide
public notice of the arrangement. (It is likely that the 16 North Chatsworth Corporation
will acquire the strip forthwith; however, delays are possible. By recording this
agreement, the Town will not lose sight of 16 North Chatsworth Corporation's
obligation). The 16 North Chatsworth Corporation has signed the agreement.
4. Award of Bid -TA-23-12 - Battery Powered Mower
The Town recently completed bid procurement for the purchase of a battery powered
zero-turn mower. The new mower will aid the Town's Highway Department in
maintaining the grass throughout the various Town parks and properties. The
purchase includes all necessary accessories, including a high-speed battery charger,
to facilitate operation by the Highway Department parks maintenance crew. The
submitted total price of$26,297 is fully contained within the available balance
allocated to the capital project.
5. Request for Executive Session
Moved by Councilwoman Katz seconded by Councilwoman Fiddelman, the
Town Board entered into Executive Session to discuss pending litigation, as
well as the employment history of a particular individual, and the potential sale
of land.
Carried
Moved by Councilwoman Katz, seconded by Councilman Fiddelman, the Town
Board unanimously agreed to resume the Work Session.
Carried
6. Updates
Supervisor Elkind Eney shared that complying with the Governor's pro-housing
community program will enhance the Town's chances to obtain certain New York
State grants. The Town Supervisor stated that we need to determine what we need to
do to comply with the requirements of the program and if they are something by which
the Town can abide.
Supervisor Elkind Eney provided an update on the Westchester Joint Water Works
situation and noted that she was recently asked to present to the Westchester County
Board of Legislators.
Attorney William Maker provided an update on in rem foreclosure using Minnesota as
an example. Attorney Maker highlighted that municipalities are not entitled to make a
profit on an in rem foreclosure, according to the US Supreme Court.
The Town Supervisor and Town Administrator recently met with members of the
Sustainability Collaborative and asked the Collaborative to work on EV chargers, solar
grant programs, a grant application on the Town's climate vulnerability assessment, to
review the Climate Smart Community task force, and to work on various other tasks
important to the Town.
Town Clerk May shared the Tree Law emails that the Town had received since the
November 15th meeting, including emails from Michael Gottfried and Brian Lobel.
Page 212 of 231
Town Board
December 20, 2023
7. Additions to Regular Meeting Agenda
8:00 PM TOWN BOARD REGULAR MEETING
The Town Board meeting convened in the Courtroom Located on the second floor of the
Town Center. The Public was to view the meeting on cable access television (Optimum 76/
Fios 35) or on LMCMedia.org
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at
8:02 p.m. (Councilwoman Robin Nichinsky joined just prior to the start of the meeting at 8:00
p.m.)
SUPERVISOR'S REPORT
Welcome to the December 20, 2023, meeting of the Town Board of the Town of
Mamaroneck. The Town Board met today for a Work Session in Conference Room A,
starting at 5:00 p.m., which is open to the Public.
I am pleased to report that Westchester Joint Water Works has been awarded $30 million
dollars through the NYS intermunicipal grant program funded by the Environmental Bond Act
toward the construction of the$138 million water filtration plant required to be built by the
state and federal government. This is great news in helping the three municipalities (Town of
Mamaroneck, Village of Mamaroneck, Town/Village of Harrison) pay for the plant.
On December 14th, I attended a press conference held at the Community Resource Center
(CRC)jointly by State Senators Shelley Mayer and Pete Harkham in support of Senator
Mayer's proposed legislation to create a cabinet level Office of Flooding Prevention and
Mitigation for NYS and Senator Harkham's proposed legislation to establish $500 million in
annual funding for state water-related resiliency projects. Flooding, and it's devastating
effects, is the most pressing issue in our community. State Senator Shelley Mayer has been
a tireless champion for us on this issue.
The last two weeks were filled with Holiday Activities! Among them were Christmas Tree
Lightings, Menorah Lightings (I even got to be a candle at one of them), Holiday parties for
LMC Media, the Veterans, the Chamber of Commerce, the Senior Center, and the Town
Staff, among others. There was also `Breakfast with Santa' and `Skate with Santa' at the
Rink and the Town of Mamaroneck Fire Department hosted a drive-thru Toy Drive. Although
it was exhausting at times, I have to say that we live in a wonderful community that really
knows how to celebrate. I want to wish those who celebrate a very Merry Christmas and to
all, a happy healthy New Year!
PUBLIC HEARING(S)
The following Notice of Public Hearing is entered into the record as follows:
1. 2024 Preliminary Budget
The following Notice of Public Hearing is entered into the record as follows:
PRELIMINARY 2024 TOWN BUDGET and
PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT#1 BUDGET
NOTICE IS HEREBY GIVEN, that pursuant to Section 130 of the Town Law of the
State of New York, the Town Board and the Board of Fire Commissioners will hold a
public hearing Wednesday, December 6, 2023, at 8:00 PM, to consider the Town's
Preliminary Budget and the Mamaroneck Fire District Preliminary Budget for the
calendar year commencing January 1, 2024, and ending December 31, 2024.
The 2024 Preliminary Budget can be viewed on the Town's website,
https://www.townofmamaroneckny.org.
Page 213 of 231
Town Board
December 20, 2023
PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the
Town Board are as follows: Supervisor, $42,243 Town Board (4) $6,759 each and the
proposed salary for the Town Clerk is $109,926 and the Town Justices (2) $23,656
each.
You may also view the meeting on local municipal access television (Cablevision 75,
76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org/.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Published November 24, 2023
Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman
the Public Hearing was unanimously reopened.
Carried
The Town Administrator Meredith Robson and Comptroller Tracy Yogman presented
the changes made since the Preliminary Budget was presented on December 6th
See Attachment A.
Supervisor Elkind Eney thanked Administrator Robson and Comptroller Yogman for
their work on the 2024 budget.
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz
the Public Hearing was unanimously closed.
Carried
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz
the Town's Budget and the Mamaroneck Fire District Budget for the calendar
year commencing January 1, 2024, and ending December 31, 2024, was
approved.
Carried
RESIDENT COMMENTS
Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board
and there was no one.
AFFAIRS OF THE TOWN OF MAMARONECK
1. OUT OF ORDER: Consideration of Settlement Authorization
Town Administrator Robson introduced this settlement with Save the Sound, which
relates to our sewer system and has been three years in the making. This settlement
agreement includes four municipalities: the Town of Mamaroneck, Village of
Larchmont, City of New Rochelle, and Village of Pelham Manor.
Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was
RESOLVED that the Town Board hereby approves the Settlement Agreement
with Save the Sound, Inc. and Atlantic Clam Farms of Connecticut and hereby
authorizes the Town Administrator to execute the agreement and any related
documents necessary to carry out its implementation. Carried
Page 214 of 231
Town Board
December 20, 2023
BOARD OF FIRE COMMISSIONERS
1. Call to Order
Commissioner Elkind Eney called the Meeting to order, then on motion of
Commissioner Fiddelman and seconded by Commissioner Katz the Board of Fire
Commissioners was unanimously declared open.
Present were the following Members of the Commission:
Commissioner: Jaine Elkind Eney
Commissioner: Abby Katz
Commissioner: Sabrina Fiddelman
Commissioner: Robin Nichinsky
2. Fire Claims
Moved by Commissioner Katz, seconded by Commissioner Fiddelman, it was
RESOLVED that the Board of Fire Commissioners hereby approves the
attached list of fire claims.
See Attachment B.
Carried
3. Other Fire Department Business
There being no further business to come before the Fire Commission, on motion of
Commissioner Fiddelman, Seconded by Commissioner Katz, the Commission
unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN OF MAMARONECK
2. OUT OF ORDER: 2024 Proposed January Town Board Meeting Dates
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
RESOLVED that the Town Board hereby approves the January Town Board
meetings of January 10th and January 24th and establishes the January 10th
meeting as the 2024 re-organizational meeting.
Carried
3. Authorization -Strip of Land Adjacent to the Building at 16 North Chatsworth
Avenue
Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was
RESOLVED that the Town Board hereby approves the agreement with 16 North
Chatsworth to waive the Town's right to purchase the strip of land adjacent to
the building at 16 North Chatsworth, under the condition that the Town is
granted an easement and hereby authorizes the Town Administrator to execute
the agreement and any related documents necessary to carry out its
implementation.
Carried
4. Acceptance of Donation to the Town of Mamaroneck-Virginia McGuire
Page 215 of 231
Town Board
December 20, 2023
Foundation
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
RESOLVED that the Town Board hereby accepts the generous donation of
$55,000 from the Virginia McGuire Foundation to the Town of Mamaroneck to be
used for planting 100 trees along the Town's streets and 10 on Town property
as outlined in the attached letter from Vlad Boguslayskiy, except that, if the
$55,000 is not sufficient to cover the cost of purchasing and planting all 110
trees, it will be used to plant as many as reasonably possible.
Carried
5. Award of Bid -TA-23-12 - Battery Powered Mower
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
RESOLVED that the Town Board hereby awards the bid for the Battery Powered
Mower received and opened on December 15, 2024, to Argento & Sons, Inc. in
the amount of$26,297 and hereby authorizes the Town Administrator to
execute the agreement and any related documents necessary to carry out its
implementation.
Carried
Note, Councilmember Nichinsky left the meeting at 8:26 p.m.
6. Salary Authorization - Highway Department
Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was
RESOLVED that the Town Board hereby approves the appointment of Darion
Arango to the position of Motor Equipment Operator(MEO) I at an annual salary
of$67,594, effective December 24, 2023.
Carried
REPORTS OF MINUTES
1. Report of Minutes of November 8, 2023, December 5, 2023, and December 6,
2023
Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was
RESOLVED that the Town Board hereby approves the minutes of the Town
Board Meetings of November 8, 2023, December 5, 2023, and December 6, 2023,
as attached.
Carried
REPORTS OF THE COUNCIL
Councilwoman Katz
• Councilwoman Katz said that she had enjoyed serving here for the past twelve years.
Councilwoman Katz thanked the residents of the Town of Mamaroneck for voting for
her and allowing her to serve on the Town Board.
Councilwoman Fiddelman
Page 216 of 231
Town Board
December 20, 2023
• Thanked Councilwoman Katz for her twelve years of service to this community and
also for being a role model.
• Councilwoman Fiddelman said that Councilwoman Katz's counsel would be missed
by many.
• Donated to three different toy drives and a coat drive.
• Attended a Summit meeting, where County Executive George Latimer presented on
the Westchester County Budget. It was the first in-person meeting in three years. The
next Larchmont Mamaroneck Summit meeting will be held at 8 a.m. at Westchester
Jewish Center on January 9th, where they will feature a local's guide to aging well.
Please register in advance.
• Wished everyone a happy new year!
ADJOURNMENT
The Town Supervisor closed the meeting in honor of Abby Katz. The Town Supervisor
stated, "I want to close this meeting in honor of Deputy Supervisor Abby Katz. Abby has
served on this Board for 12 years, since January of 2012, having been appointed Deputy
Town Supervisor in January of 2022. In her tenure, she has served as liaison to all of the
land-use boards as well as the Library Board, LMC Media Board of Control and her beloved
Traffic Committee. Her attention to detail is much appreciated, especially at budget time
when she can often be heard to say, "use the fund balance!!"
On a personal note, I have never been on this Board without Abby—we started at the same
time. She has been an invaluable advisor, confidante, colleague, and friend—she certainly
tells it like it is. I will miss her.. well, maybe not when she yells!"
On motion of Councilwoman Katz,seconded by Councilwoman Fiddelman, the
meeting was unanimously adjourned at 8:34p.m.
Carried
REGULARLY SCHEDULED MEETING -January 10, 2024
Submitted by
Allison May, Town Clerk
Page 217 of 231
Town of Mamaroneck
47
',41t Town Board Minutes
o ,fz Wednesday, April 10, 2024, Courtroom, Second Floor of
z 7-,
Town Center 5:00 PM
FOUNDED 1661
PRESENT: Jaine Elkind Eney, Town Supervisor
Sabrina Fiddelman, Councilmember
Jeffery L. King, Councilmember
Anant Nambiar, Councilmember
ABSENT: Robin Nichinsky, Councilmember
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
Connie Green O'Donnell, Deputy Town Administrator
William Maker Jr., Town Attorney
Tracy Yogman, Town Comptroller
5:00 PM THE TOWN BOARD WORK SESSION
CALL TO ORDER
The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney.
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the Work
Session unanimously opened at 5:01 p.m.
WORK SESSION ITEMS
1. Discussion - Intermunicipal Agreement(IMA) - Mobile Radios for Police
Vehicles
Administrator Meredith Robson explained that the proposed Intermunicipal Agreement
is with Westchester County for mobile radios for Town police vehicles. These mobile
radios will be programmed with radio communication systems that will allow our Town
police officers to communicate with the County, law enforcement, fire, EMS, and other
first responders for mutual aid purposes. The Town will be responsible for the
maintenance of the radios.
2. Discussion - Intermunicipal Agreement(IMA) -Additional Equipment for Public
Safety Radio Communication and Mutual Aid
Westchester County was awarded additional funding through a Statewide
Interoperable Communications Grant with the New York State Division of Homeland
Security. The County is using this funding to purchase a tri-band antenna to replace
the current single band VHF antenna in the Town's police headquarters. This antenna
will enable the Police Department's Mutual Aid Radio System (MARS) control station
radio to operate on the County's P25 Trunked Radio System, which is one of the
newly installed County Systems that operates on UHF frequencies. This equipment is
expected to enhance the ability of first responders to communicate and will benefit
public safety radio communication and mutual aid.
Page 218 of 231
Town Board
April 10, 2024
At 5:07 pm, Chief Creazzo joined the Work Session by phone. Chief Creazzo
confirmed that this antenna is for the police desk. Chief Creazzo added that the radios
(Item 1) and the antenna were on his five-year capital plan, so this Westchester
County program will save the Town between $160,000 and $200,000. The Town's
only responsibility is to install and maintain them.
3. Discussion -Speed Hump Policy
Town Supervisor Elkind Eney said that the Traffic Committee had revised the Speed
Hump Policy including some of the changes the Board had suggested. The Town
Board then discussed whether or not the Town should allow speed humps at all, in
the end deciding to move forward with a Speed Hump Policy. If the criteria for a speed
hump is met, the Town will install a temporary speed hump. The Town will then
monitor and review the data. Notice will be given to those residents living within 300
feet. Then a speed hump will be installed permanently if the test data warrants. The
Board discussed that Town staff should make the final decision on a speed hump
installation, be it temporary or permanent.
4. Discussion -Town of Mamaroneck Comprehensive Plan
The Town Board discussed the Comprehensive Plan. The Board discussed adding to
the appendix the comments that the County Planning Board had made to the plan.
The Town Board then asked about the next step of creating the implementation plan
out of the Comprehensive Plan. Administrator Robson confirmed that she will draft
something similar in form to what she drafted in Ardsley. Administrator Robson
acknowledged that process is an 'undertaking'. First, the SEAR declaration must be
made. If it is a negative declaration, then the Town can decide to move forward with
Public Hearing. The Board discussed inviting the Comprehensive Plan Steering
Committee to the public hearing.
See Attachment A.
5. Discussion -Award of Bid TA-24-05—Spring Tree Planting Program
Bid procurement was recently completed for the Town's 2024 Spring Tree Planting
Program. The project scope consists of the purchase and planting of one hundred and
ten trees at various locations throughout the Town of Mamaroneck. A total of one
hundred trees are intended to be planted on Town right of way property; and an
additional ten trees are intended to be planted within the Memorial Park. The Town
Administrator highlighted that eleven bid proposals were received for this project.
The Town will be contracting out the watering and maintenance of the trees. The
Town's Conservation, Engineering, and Highway Departments reviewed the potential
locations for the trees, considered nearby utilities and the environmental impact, and
identified locations. The Board request a copy of the locations map and a listing of the
species. The Board requested that be shared to the public as well. The Town
Supervisor suggested a press release and noted it will be included in the next
Supervisor's newsletter.
6. Discussion -Affordable Housing Agreement- Housing Action Council
The Town Administrator noted that the Town is still responsible for the affordable
housing in the Cambium. The Town has a contract for the management of the
Cambium, but it will soon expire. The Board wanted to hold off on this approval
pending answers to several questions on the specifics of the agreement.
7. Discussion -2023 Operating Budget Report
Town Comptroller Tracy Yogman said that the 2023 financial year ended on a positive
note. Generally, revenues exceeded estimated budgets and the Town realized
expense savings in most funds. Comptroller Yogman then presented the Board with
the highlights of the variances of the Town's three major funds.
Page 219 of 231
Town Board
April 10, 2024
General Fund
Revenues exceeded the Town's adopted budget by$1.2m for various reasons that
included:
• Mortgage Revenue shortfall ($441k)
• Recreation revenue $276k
• Investment Earnings $774k
• Insurance Recoveries $137k
• Tax Penalties $249k
The fund had expense savings of$396k mainly due to vacancies in several offices
and a savings of$95k part timers/seasonal. The 2023 budgeted fund balance
appropriation for one-time capital projects was $2.2m. Budget amendments were
submitted throughout the year to fund additional capital needs for projects.As a
result, almost$2.9m was transferred from the General Fund to the Capital Fund or
$700k more than originally planned.
The 2023 budgeted fund balance appropriation for operations was $798,000.As
noted, the revenue increases and expense savings resulted in an addition of
$1.4m to fund balance or a positive operation result of$2.2m above budget.
Unassigned fund balance on December 31, 2023, was $7.8m or 47%of budgeted
expenses.As a result,we may be able to fund some of the planned 2024 capital
projects with fund balance rather than issuing bonds.
Part Town
Revenues exceeded adopted budget by $1.7m for various reasons:
• Sales tax $290k
• Building Permit Revenue$315k
• Interest$ 97k
• Special Duty$534k
• Franchise Fee Revenue $515k
Expenses exceeded the budget by $478k. This is a result of savings in various
departments offset by increased expenses which include settlements and related
legal fees, police overtime, and capital projects.
The 2023 budgeted fund balance appropriation for one-time capital projects was
$810,610. Budget amendments were submitted throughout the year to fund additional
capital needs for projects.As a result, $890k was transferred from the Part Town
Fund to the Capital Fund or$80k more than originally planned. The 2023 budgeted
fund balance appropriation for operations was$1.2m.As discussed above, the
revenue increases and expenses resulted in an addition of$51 k to the fund
balance or a positive operational result of$1.3m above budget.
Unassigned fund balance on December 31, 2023 was $5.3m or 28%of budgeted
expenses.As a result,we may be able to fund some of the planned 2024 capital
projects with fund balance rather than issuing bonds.
Highway Fund
Revenues exceeded adopted the budget by $129k largely as a result of higher than
budgeted investment earnings. The fund had expense savings because we had little
snow, and the cost of fuel did not increase as much as expected.As a result of the
revenue increases and expense savings, fund balance was increased by
$684k. Unassigned fund balance on December 31,2023,was$2.5m or 38%of
budgeted expenses.As a result,we may be able to fund some of the planned 2024
capital projects with fund balance rather than issuing bonds.
The Board discussed volatility in pricing and the need to budget conservatively
Page 220 of 231
Town Board
April 10, 2024
because of that volatility. All in all, the Town did better than budgeted. Comptroller
Yogman mentioned that she is not yet done with the Capital Report, which will look at
the projected fund balance after the first quarter. That will determine if we need to
bond for the capital projects, or if more funding can come from fund balance.
Currently the Town is at 36% in fund balance, but Comptroller Yogman pointed out
that the Town still must make the schools and county whole on taxes and needs to
maintain four months funding to cover operating.
See Attachment B.
8. Discussion -Q1 2024 Operating Budget Amendments
Comptroller Yogman mentioned these amendments are either carrying over donations
or grants not spent, as well as moving contingency to the salary line for the Fire
Department.
See Attachment C.
9. Discussion -Q1 2024 Capital Budget Amendments
The Gardens Lake Forebay project needs additional funding for consultant fees for
the design of the forebay work. The Town Center elevator now requires smoke
detectors. The Senior Center improvements donation was not fully spent in 2023, so
this will carry the surplus forward to be used at the Senior Center for other
improvements.
The last amendment involves the Town Center generator. In 2021, the Town allocated
$200,811 of Federal American Rescue Funds (ARP) for the pool improvements. Any
projects funded with ARP funds must be obligated by December 31,2023. Since these
funds were received, the pool project was awarded two state grants which have
delayed the project. As a result, this project will not be obligated by the end of the
year. The Town Center generator project will be funded through a bond issuance and
will be obligated by the end of the year. Comptroller Yogman recommends the last
budget amendment to transfer the ARP funds from the pool project to the Town
Center Generator project. The new Town Center generator will allow the continuation
of operations in the event of an emergency. It will also allow residents another safe
place for respite during a storm.
See Attachment D.
10. Discussion -2023 Financial Audit by EFPR Group
Tom Smith and Mike Price from the EFPR Group were on hand to review and present
the Town's 2023 Audited Financial Statements to the Town Board. The Financial
Statements and Auditors' Reports were reviewed with management. EFPR said that
an unmodified or clean opinion would be issued on the statement including the Town
Justice Court audit, but they are awaiting the Housing Authority report.
No material weaknesses or significant deficiencies were noted in the Town's internal
controls over financial reporting. EFPR confirmed that the Town's investment in
Munis, allowing the Town to quickly tabulate and print invoices and summaries, has
significantly improved our audit process. EFPR mentioned that a town of our size
generally is not able to wrap up an audit until the middle of the year, so kudos to our
Town Comptroller and the reporting that the Town has in place.
Comptroller Yogman highlighted the summary of debt, which includes a summary of
the Town's $52 million in debt as well as the debt service plans.
Page 221 of 231
Town Board
April 10, 2024
See Attachment E.
Then, EFPR went through the financial highlights as presented in their audit
summary.
See Attachment F.
EFPR noted that the Federal single audit also had no findings. They tested Section 8
Housing Choice Vouchers. EFPR mentioned that with the Town giving up Section 8
and ARP money, and the Federal Government raising the threshold from $750k to $1
million, most likely next year the Town will not need to complete a Federal single
audit. This should result in savings both on audit fees and internal savings in
administrating these programs. The audit fees should result in a few thousand dollars
in savings.
11. Discussion -2023 Town Justice Court Audit
A clean, unmodified opinion is expected to be issued from EFPR on the Justice Court
Audit as well.
12. Request for Executive Session
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar,
the Town Board entered into Executive Session to discuss the proposed
acquisition or sale of property,pending litigation on the Tree Law, and the
employment history of a particular individual.
Carried
Moved by Counciwolman Fiddelman, seconded by Councilmember Nambiar,
the Town Board unanimously agreed to resume the Work Session.
Carried
13. ADDED: Advice of Counsel
Moved by Councilmember King, seconded by Councilmember Nambiar, the
Town Board entered into Advice of Counsel.
Carried
Moved by Councilmember Nambiar, seconded by Councilmember King, the
Town Board unanimously agreed to resume the Work Session.
Carried
14. Updates
15. Changes to Regular Meeting Agenda
• Remove from Affairs of the Town the Consideration of Approval for the Speed
Hump Policy and revise for the April 24, 2024, Town Board meeting.
• Remove from Affairs of the Town the Affordable Housing Agreement and
revise for the April 24, 2024, Town Board meeting.
• Add appointment of Co-Chair to the Sustainability Collaborative for the
remainder of 2024.
8:00 PM TOWN BOARD REGULAR MEETING
The Town Board meeting convened in the Courtroom Located on the second floor at the
Page 222 of 231
Town Board
April 10, 2024
Town Center. The Public was to view the meeting on cable access television (Optimum 76/
Fios 35) or on LMCMedia.org
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at
8:02 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session
beginning at five o'clock this evening.
PUBLIC HEARING (Out of Order)
The Town Supervisor then introduced the Public Hearing on the Leaf Blower Law. Tonight,
Supervisor Elkind Eney began, we have a public hearing on a proposed law which, when it
becomes fully effective, will phase out the use of gas-powered leaf blowers in the
unincorporated area of the Town of Mamaroneck.
In 1995, citing the unacceptable noise levels heard by residents in dozens of homes
surrounding the site where power tools or gasoline-powered leaf blowers are being used, the
negative impact of their constant use on the peace, quiet, health and welfare of the
community, and noting that their use diminishes the quality of life in our community, the
Town passed a local law that limited the use of such devices to certain months and to certain
hours. Much more is now known about the effects of gasoline-powered leaf blowers upon the
environment. They emit greenhouse gases into the atmosphere and noxious fumes at
ground level that can be inhaled by people and animals in the vicinity of their use. They
generate a louder noise over a longer distance than leaf blowers that are not powered by
internal combustion engines. Moreover, advances in technology have made electric-powered
leaf blowers increasingly more efficient and a viable alternative to gas-powered ones.
Accordingly, tonight we have a proposed law that, if passed, would phase out the use of gas-
powered leaf blowers in the unincorporated area of the Town of Mamaroneck should be
phased out.
First, I am going to ask Town Attorney Bill Maker to describe the proposed law more fully.
Does anyone from the Town Board have any comments? Everyone that is here please make
sure you sign in with Connie Green O'Donnell. If anyone from the public wishes to speak,
please wait to be called on. When called on, please come up to the podium and state your
name and address. Since there are so many people here tonight, we ask that you limit your
comments to 3 minutes. Supervisor Elkind Eney wrapped up by stating, if you agree with
previous speakers, you may indicate as such, and your comments will be noted. You do not
have to feel compelled to repeat the prior comments in their entirety.
Then, the Town Attorney William Maker described the proposed law.
The following Notice of Public Hearing is entered into the record as follows:
PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section
130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday,
April 10, 2024, at 8:00 PM or as soon thereafter as is possible, to consider the "Separation of
the Rules regarding the Outdoor Operation of Power Tools from the Rules regarding the
Operation of Leaf Blowers, and the Phase-out of Gasoline-Powered Leaf Blower", at the
Town Center, 740 W. Boston Post Road, Mamaroneck, New York.
Purpose:
In 1995, citing the unacceptable noise levels heard by residents in dozens of homes
surrounding the site where power tools or gasoline-powered leaf blowers are being used, the
negative impact of their constant use on the peace, quiet, health and welfare of the
community, and noting that their use diminishes the quality of life in our community, the
Town passed a local law that limited the use of such devices to certain months and to certain
hours.
Much more is now known about the effects of gasoline-powered leaf blowers upon the
environment. They emit greenhouse gases into the atmosphere and noxious fumes at
ground level that can be inhaled by persons and animals in the vicinity of their use. They
Page 223 of 231
Town Board
April 10, 2024
generate a louder noise over a longer distance than leaf blowers that are not powered by
internal combustion engines. Moreover, advances in technology have made electric-powered
leaf blowers increasingly more efficient and a viable alternative to gas-powered ones.
Accordingly, the Town Board finds that for the benefit of the overall the health and welfare of
the community, the use of gasoline-powered leaf blowers in the unincorporated area of the
Town of Mamaroneck should be phased out.
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://lmcmedia.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 28, 202
1. Separation of the Rules regarding the Outdoor Operation of Power Tools from
Rules regarding the Operation of Leaf Blowers, and the Phase-out of Gasoline-
Powered Leaf Blowers Law
Moved by Councilmember King, seconded by Councilmember Nambiar, the
Public Hearing was unanimously opened.
Carried
Allen Reiter rose to speak first and introduced himself. Mr. Reiter thanked the Board
for taking up this issue now as a brave and forward-thinking issue. So many aspects
of these machines, namely the type and scope. They create noise in a 1600 square
foot radius covering 46 acres. Hundreds of people hear their noises, at the end of the
day it is a very selfish act. I'm willing to subject 100's to this harmful noise. They are
cancer causing and their effect is to ultimately destroy the property as the act of using
a gas-powered blower kills pollinators and destroys the habitats of small animals.
Most operators do not wear protective gear, they will pay a price for this, destroying
their lungs and hearing. Has had candid conversations with the clubs and suggests
eventually incorporating. Too big for them not to pollute, they pollute an awful amount
with the same awful gases we are eliminating from the rest of the Town. The Town
should also be subject to the same law. There may be backlash on enforcement and
compliance. We are the third municipality to take this step. It is a bold move to have
effective next year and it will help curb global warming.
Arlene Novich spoke next and commended the Town Board for moving forward with
this law. There is one question that she wanted to bring up, is why is the Town
exempt when they should be setting an example? Leaf blowers should not be used
near children or on playgrounds. Asthma is getting worse, and no one cares if there is
a leaf here or there. The Town should not be exempt, nor should the country clubs.
Doug Halket agreed with what had already been said. As a physician and on the
faculty at Mount Sanai, Mr. Halket wanted to speak about the health effects of leaf
blowers. Leaf blowers have multiple negative health effects. As his neighbor who was
in the Navy says, their sound is equivalent to that of a jet engine. In a 2017 study in
Journal of Toxicology, it stated some leaf blowers emit sounds of up to up to 112 dB
(for reference, a plane taking off generates 105 dB). Leaf blower sound is low
frequency and can penetrate walls and can lead to increased risks of heart attacks
and strokes. Long-term exposure to leaf blowers can lead to hearing loss, sleep
disruption, cognitive problems in children, and an increase in stress hormones. Also,
the pollution and greenhouse gases leaf blowers emit in one hour are equivalent to
driving a car more than 1000 miles. The emissions include benzene, volatile organic
compounds, nitrogen oxides and fine particulates pose health risks. Child, seniors,
Page 224 of 231
Town Board
April 10, 2024
and those with chronic healthcare problems are most at risk. These are unnecessary
and preventable health risks.
Barbara Gessler of Edgewood Road spoke next. As an allergy sufferer she wanted to
share that she is in favor of the Leaf Blower law and is thankful to the Town Board for
developing it. Ms. Gessler hopes that it passes and that once passed that it truly is
enforced.
Kristin Anderson of Larchmont introduced herself to the Board. Ms. Anderson said
that Larchmont has a year-round ban. It is going well in Larchmont. It is a relief to go
outside on a Saturday and sit in peace and eat a meal. It is a relief to work in one's
office and plan a Zoom call and know there will not be an interruption because of the
loud noise caused by leaf blowers. It has increased the quality of life in the Village of
Larchmont where there is now peace, quiet, and fresh air. How was the
implementation?What helped Larchmont implement the law smoothly?They did a lot
of community engagement, education on health hazards, and sharing the
environmental impact of leaf blowers, so that everyone understood the impact and
why the law was being introduced. Also, Larchmont shared what to do without leaf
blowers to maintain the standards that they were used to. It is important that residents
understand that the main alternative is mulch mowing. Mulch mowing is going over
the leaf covered lawn with your mower, turning leaves into leaf confetti. One can leave
the leaf confetti on their lawn or can collect in the hopper of their mower and put in
their compost. Your lawn will look just as clean, and it will take less time and effort.
Lawnmowers are easier to use than gas powered blowers and once people get used
to it, they like it. People do not like change but if we work together and the law is
enforced, it will succeed. The Police Department must be on board and educated on
the importance of quality of life. It should be a ban for everyone, otherwise that
undercuts the law. Lastly, if we harmonize all the laws (Town with Village of
Larchmont and Mamaroneck)that would be best. Any questions, we are happy to
work with you or your collabs.
Maximo Aviles of Crescent Road agreed with all of the previous speakers and thinks
the Leaf Blower Law is a great idea. Mr. Aviles liked the similar law that was passed in
Larchmont but immediately sad when he realized it did not apply to his area in the
Town of Mamaroneck. Mr. Aviles stated that it is so sad that when the weather gets
better, the noise gets worse, adding that when he walks his children to school, they
cannot even hear the birds. Mr. Aviles said he does not side support the country clubs
and Town exemptions, but he does also suggest mowing ones leaves too. It is the
perfect solution, reducing waste at the same time as enriching the soil.
The Town received written comments for the record; please see Attachment G.
Moved by Councilmember King, seconded by Councilmember Nambiar,
the Public Hearing was unanimously closed.
Carried
RESIDENT COMMENTS (Out of Order)
Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board.
Iljca Blazev of Myrtle Boulevard arose and introduced himself to the Board. Mr. Blazev is a
new resident of the Town, living here from December of 2020. His family moved in during the
pandemic to enjoy life in the suburbs. Wants to express concerns about the development. In
2022 at the end of the year, across the street at 65 and 67 Myrtle Boulevard all the trees
were cut down. While he received letters about coming to hearing, they did not attend then
and are paying the price. Now, there is a hearing about 21 Edgewood Avenue, where 27
trees have already been marked to be cut down. The owner of 21 Edgewood Avenue now
wants to build two additional houses, dividing one lot into three.
The Blazev family and his neighbors have been living in a constant construction zone for two
Page 225 of 231
Town Board
April 10, 2024
years from the development of 65 and 67 Myrtle. Concern about that, but also that Myrtle
Boulevard suffers badly from floods have prompted them to come and voice their concerns.
They had 5 inches of water in their cellar because of Ida, that was little compared to their
neighbors. Mr. Blazev works for a plumbing and structural engineering firm in New York City.
With weather related problems in New York City, they have now changed the rule the
release rated allowed to the sewers down to 60 % release o.046 cubic feet per second
allowable to the network. They are worried about clogging the sewers and flooding due to
storms and our storms in the Town are similar. We should consider the same restrictions.
Mr. Blazev and his neighbors are concerned about the environment and the floods in their
neighborhood. They think we need to take care of the sewers on Myrtle Boulevard first and
then think about dividing the lots and building more houses, which will further stress the
system. They are also very concerned about digging into the rock as well as the very basic
swales proposed for 21 Edgewood.
Paul Schwendener spoke next, introducing himself as another one of many neighbors also
concerned about 21 Edgewood. Mr. Schwendener lives at 27 Edgewood. He wanted to
recommend the delay of approving 21 Edgewood's planning proposal fact based on many
facts. The application would add two more houses; three instead of one. The Town should
allow more time to study and review the environmental impact of this development of 21
Edgewood on the surrounding area as well as Myrtle's sewers.
Flooding has recently been the worst exactly where the proposed new houses will be built.
There are more frequent and stronger storms. Mr. Schwendener requests a decision on
development be made only after the drainage/sewer study is complete and requested
specifically that the Town Board delay the approval. Meantime, the environmental
assessment study needs to be accurate and are requesting that a lead agency with
recognized environmental expertise be appointed. They also recommend that the Town
review the permissions granted to cut down 27 mature trees. They would suggest the Town
Board request that the decision about the trees be withheld until the Town's pending lawsuit
on the Tree Law is settled. Once the EAF is complete, they would also request that the
company doing the sewer study, H2O, be asked to review the file, what is proposed, and
give their opinion. In summary, Mr. Schwendener asked the Town Board for their assistance
in assuring what is done is done in a way that does not further contribute to flooding or
further stress the Town's infrastructure and environment.
On behalf of thirteen other neighbors, Mr. Schwendener presented the attached Statement
of Concern and Request for Assistance to the Town Board.
See Attachment H.
SUPERVISOR'S REPORT(Out of Order)
Welcome to the April 10, 2024, meeting of the Town Board of the Town of Mamaroneck. The
Town Board met today for a Work Session in Conference Room A, starting at 5:00pm, which
is open to the Public and welcome to spring!
The Sanitation Commission will collect yard waste between April 4, 2024, to November 1,
2024. The following regulations apply to Yard Waste material set out for collection:
Yard waste is grass clippings, leaves, small branches (bundled) and other plant material, no
dirt is to be mixed in. Dirt is not yard waste and will not be collected. Yard waste is collected
on your second garbage collection day either Thursday or Friday. Yard waste may not be set
out earlier than the night before collection and should be set out by 6:30am on your second
day of collection. Yard waste must be set out in compostable brown bags or in a clean
garbage can. Plastic bags are not acceptable. The Commission will NOT collect more than
ten bags or ten cans of yard waste in any one collection. Excess material may be brought to
the Maxwell Avenue Recycling Center by residents only. Landscapers and Gardeners may
not bring organic material to the facility. Lastly, bags and cans of organics may not weigh
more than seventy-five pounds.
Page 226 of 231
Town Board
April 10, 2024
Past Events: On March 21 Anant, Robin and I attended a WMOA in the Town of Pelham.
The topic was news and updates from the County Planning Department. We learned about
all the different facets of the Department and what they have to offer to municipalities. The
breadth and depth of the department is amazing. On March 24, Anant, Robin, and I attended
the Sound Shore St Patrick's Day parade. The stormy weather from the day before segued
into sunny skies. This is always a fun parade experience. A good time was had by all.
Some upcoming Town Environmental events:
Saturday, April 13th Compost Giveaway Day—Maxwell Avenue Recycling Facility, 8am—
1 pm (VoL and ToM residents only). The limit is 35 gallons per vehicle. Please bring your own
bucket and shovel.
Saturday, April 20th Town Annual Spring/Earth Day Cleanup—Leatherstocking Trail, 10am—
12pm (Pre-register with sodierna@townofmamaroneckny.org)
Sunday April 21st Tree walk around The Brook with Sheldrake Nature Center's Joselyn, 1pm
—2pm. Free but need to sign up: link is on Town FB pages and Sheldrake website.
On the recreational side:
On April 14th at Memorial Park is the annual 5K run and L'il Bunny Hop one mile run for kids
twelve and under. L'il Bunny Hop starts at 8:30 and the 5k run starts at 9:00.
Thursday, April 25th through Sunday, April 28th is the annual ice breaker hockey tournament
at the Hommocks Park Ice Rink.
This week, April 7-13 is National Library Week. We have a wonderful library here in the
Town, so go visit Larchmont Library and take out some great books!
For those who celebrate, wishing you a Happy Passover.
STAFF COMMENTS/PRESENTATIONS
1. Consideration of Acceptance-2023 Financial Audit by EFPR Group
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman
RESOLVED that the Town Board hereby accept the Financial Statements and
Supplementary Information for the Fiscal Year ended December 31, 2023.
Carried
2. Consideration of Acceptance-2023 Town Justice Court Audit
WHEREAS, Section 2019-a of the Uniform Justice Court Act requires that Town
and Village Justices provide their court records and dockets to be examined
and audited;
and,
WHEREAS, the Town of Mamaroneck Justices have provided to the Town's
auditors for examination and audit, their court records and dockets;
and,
WHEREAS, the Town's auditors have reviewed these records and issued a
report to the Town Board,
now it is hereby
RESOLVED, that the Town Board acknowledges that an audit report for the
Town of Mamaroneck Justice Court has been completed, and that the Town
Board has reviewed and accepted the report.
Carried
BOARD OF FIRE COMMISSIONERS
1. Call to Order
Commissioner Elkind Eney called the Meeting to order, then on motion of
Page 227 of 231
Town Board
April 10, 2024
Commissioner King and seconded by Commissioner Nambiar the Board of Fire
Commissioners was unanimously declared open.
Present were the following Members of the Commission:
Commissioner: Jaine Elkind Eney
Commissioner: Sabrina Fiddelman
Commissioner: Jeffery L. King
Commissioner: Robin Nichinsky
Commissioner: Anant Nambiar
2. Fire Claims
Moved by Councilmember King, seconded by Councilmember Nambiar
RESOLVED that the Board of Fire Commissioners hereby approves the
attached list of fire claims in the amount of$9828.86.
See Attachment I.
Carried
3. Fire Report
Commissioner Elkind Eney read the Fire Report for the Month of March 2024, as
follows:
ALARM TYPE NUMBER
Generals 26
Minors 21
Stills 3
Out of Town (Mutual Aid) 0
EMS 36
Drills 6
TOTAL 92
Total number of personnel responding: 749
Total time working: 48 hours and 6 minutes
See Attachment J.
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. Consideration of Approval - Intermunicipal Agreement(IMA) - Mobile Radios for
Police Vehicles
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby approves the Intermunicipal
Agreement with Westchester County for the furnishing and installation of
mobile radios in Town of Mamaroneck police vehicles and hereby authorizes
the Town Administrator to execute the agreement and any related documents
necessary to carry out its implementation.
Page 228 of 231
Town Board
April 10, 2024
Carried
2. Consideration of Approval - Intermunicipal Agreement(IMA) -Additional
Equipment for Public Safety Radio Communication and Mutual Aid
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was
RESOLVED that the Town Board hereby approves the Intermunicipal
Agreement with Westchester County for the Additional Equipment and hereby
authorizes the Town Administrator to execute the agreement and any related
documents necessary to carry out its implementation.
Carried
3. DEFERED TO NEXT MEETING: Consideration of Approval -Speed Hump Policy
4. Consideration to Set a Public Hearing -Town of Mamaroneck Comprehensive
Plan
Moved by Councilmember King, seconded by Councilmember Nambiar, it was
RESOLVED that the Town Board does hereby set the date for a Public Hearing
on the "Town of Mamaroneck Comprehensive Plan"for April 24, 2024.
Carried
5. Consideration of Award of Bid TA-24-05—Spring Tree Planting Program
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby awards the bid for the Spring Tree
Planting Program received and opened on March 21, 2024, to Cody
Diggins/Ironwood Industries in the amount of$64,680.00 and hereby authorizes
the Town Administrator to execute the agreement and any related documents
necessary to carry out its implementation.
Carried
6. DEFERED TO NEXT MEETING: Consideration of Approval -Affordable Housing
Agreement- Housing Action Council
7. Consideration of Approval -Q1 2024 Capital Budget Amendments
Moved by Councilmember King, seconded by Councilmember Nambiar, it was
RESOLVED that the Town Board hereby authorizes the Comptroller to make the
necessary budget amendments, as presented.
Carried
8. Consideration of Approval -Q1 2024 Operating Budget Amendments
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby authorizes the Comptroller to make the
Page 229 of 231
Town Board
April 10, 2024
necessary budget amendments, as presented.
Carried
9. Appointment of Mitch Green to Sustainability Collaborative Co-Chair
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was
RESOLVED, that Mitch Green shall be appointed as Co-Chairperson of the
Sustainability Collaborative for the remainder of 2024.
Carried
REPORTS OF THE COUNCIL
Councilmember Nambiar
• Attended the WMOA dinner.
• Walked the Saint Patrick's Day Parade in the Village of Mamaroneck.
• Continuing his learning as the Planning and Zoning Board liaison.
• Enjoyed tennis in Memorial Park for the first time this spring last weekend and
encourages all residents to use our amazing Town facilities.
Councilmember Fiddelman
• Mentioned that the Westchester County Library System did not terminate any cards
during COVID, but now all library cards that expired during COVID need to be
renewed. If you have a card that expired or is about to expire, please visit the
Larchmont Library.
• Attended a Housing Authority meeting.
• Voted in the Presidential Primary in April.
• On Tuesday, April 16, at 8 am at the Westchester Jewish Center, the Larchmont-
Mamaroneck Local Summit will host our local Superintendents speaking about their
plans and budgets for the upcoming school year.
Councilmember King
• Spring is upon us, kids are out riding bikes and walking to school, so please be
conscious and aware of sharing the road.
• Looking forward to Anant running in the Bunny Hop next year and the upcoming
Compost Giveaway.
TOWN COMPTROLLER
Comptroller Yogman reminded residents that the general Town and County taxes are due
now. We encourage you to pay online via our portal to ensure the timely and safe processing
of your payments.
ADJOURNMENT
Moved by Councilmember Fiddelman, seconded by Councilmember King, the meeting
was unanimously adjourned at 9:20pm.
Carried
REGULARLY SCHEDULED MEETING -April 24, 2024
Submitted by
Allison May, Town Clerk
Page 230 of 231
Town of Mamaroneck
47
,4 Town Board Minutes
o ,f_ } Thursday, April 25, 2024, Conference Room A, Second Floor
z ` �,
1 of Town Center 5:00 PM
FOUNDED 1661
PRESENT: Jaine Elkind Eney, Town Supervisor
Sabrina Fiddelman, Councilmember
Robin Nichinsky, Councilmember
Anant Nambiar, Councilmember
ABSENT: Jeffery L. King, Councilmember
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
William Maker Jr., Town Attorney
Tracy Yogman, Town Comptroller
4:30 PM SPECIAL MEETING OF THE TOWN BOARD
CALL TO ORDER
Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, the Special
Meeting of the Town Board opened at 4:32 p.m.
Carried
WORK SESSION ITEMS
1. Request for Executive Session
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman,
the Town Board agreed to enter into Executive Session to discuss current
litigation with Westchester Joint Water Works.
Carried
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar,
the Town Board unanimously agreed to resume and close the Regular Meeting
at 5:40 p.m.
Carried
# # #
Page 231 of 231