HomeMy WebLinkAbout2024_06_26 Town Board Meeting Packet w
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Town of Mamaroneck
Town Board Agenda
Wednesday, June 26, 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 - 9/11 First Responders Memorial
2. Discussion - 2025 Budget Calendar 3 - 5
2025 Budget Calendar - Pdf
3. Discussion - Interim Capital Plan/Budgeting Discussion 6 - 15
Interim Capital Plan/Budgeting Discussion - Pdf
4. Discussion - Housing Authority - Lease Amendment and Resolution 16 - 35
Housing Authority - Lease Amendment and Resolution - Pdf
5. Discussion - WJWW Discussion Regarding Water Rate Increase 36 - 43
2024 Town of Mamaroneck Water Rate
6. Discussion - Proposed 2024 Water Rate Increase 44 - 46
Proposed 2024 Water Rate Increase - Pdf
7. Request for Executive Session
8. Updates
9. 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
SUPERVISOR'S REPORT
PUBLIC HEARING(S)
1. "Supersession of Portions of Section 274-a (8) of the New York Town Law in 47 - 49
the Town of Mamaroneck" Law
NOTICE OF PUBLIC HEARING
Page 1 of 90
"Supersession of Portions of Section 274-a (8) of the New York Town Law in
the Town of Mamaroneck" Law
2. "Update of the Procedures for Site Plan Review of Non-Residential 50 - 58
Development" Law
NOTICE OF PUBLIC HEARING
"Update of the Procedures for Site Plan Review of Non-Residential
Development" Law
3. "Overnight Parking on Parkland Avenue and Edgewater Place" Law 59 - 61
NOTICE OF PUBLIC HEARING
"Overnight Parking on Parkland Avenue and Edgewater Place" Law
RESIDENT COMMENTS
STAFF COMMENTS/ PRESENTATIONS
BOARD OF FIRE COMMISSIONERS
1. Call to Order
2. Fire Claims 62 - 64
Fire Claims - Pdf
3. Fire Report
4. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Consideration of Approval - 2025 Budget Calendar 65 - 67
2025 Budget Calendar - Pdf
2. Consideration of Approval - Proposed 2024 Water Rate Increase 68 - 70
Proposed 2024 Water Rate Increase - Pdf
3. Consideration of Approval - Housing Authority - Lease Amendment and 71 - 90
Resolution
Housing Authority - Lease Amendment and Resolution - Pdf
4. Consideration of Approval - Certiorari 1
5. Consideration of Approval - Certiorari 2
REPORTS OF MINUTES
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
TOWN ATTORNEY'S REPORT
ADJOURNMENT
REGULARLY SCHEDULED MEETING - July 17, 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 2 of 90
47,
IS
LLP 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: 2025 Budget Calendar
Date: June 26, 2024
Attached is the 2025 Budget Calendar for review and approval.
Action Requested:
Resolved that the Town Board hereby approves the 2025 Budget Calendar.
Page 3 of 90
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: June 26, 2024
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: 2025 Budget Calendar
General:
Attached is the 2025 Budget Calendar for review and approval.
Attachment/s:
2025 Budget Calendar
Page 4 of 90
TOWN OF MAMARONECK
BUDGET CALENDAR
BUDGET CALENDAR - 2025 TOWN BUDGET
Friday, June 21, 2024 Capital Budget Worksheets and Budget
Instructions will be posted in the 2025 Budget file
on Town Drive for Department Heads
Friday, August 9, 2024 Completion of Capital Budget
Worksheets on Town Drive for review
Friday, August 30, 2024 Input of Operating Budgets into Munis
Budget System
Friday, August 30, 2024 Completion of all Operating Budget
narratives on Town Drive
Tuesday September 3, 2024 through Departmental Budget Work Sessions to be scheduled
Friday, September 13, 2024
Wednesday, October 16, 2024 Submission of Tentative Budget to the Town Board
and Preliminary Review of Tentative Budget
Saturday, October 19, 2024 Departmental Budget Review
Wednesday, November 6, 2024 Budget Review (if necessary)
Wednesday November 27, 2024 Submission of the Preliminary Budget
Wednesday, December 4, 2024 Budget Hearing —2025 Preliminary Budget
Wednesday, December 18, 2024 Final Adoption of 2025 Budget
Page 5 of 90
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: Interim Capital Plan/Budgeting Discussion
Date: June 26, 2024
Attached you will find information from Tracy regarding debt service projections and an updated five
year capital plan. Rob will be developing a spreadsheet showing the status of our current capital
projects for Wednesday night's meeting.
For this discussion, we plan to go over the following:
1. Status of current projects
2. Description of how these projects are managed
3. Review of revised five year capital plan
4. Review of debt service projections
5. Discuss Board guidance on capital plan preparation going into 2025 budget season
6. General discussion about impact of additions throughout the fiscal year
I believe all of this information will be helpful in determining the best path forward to ensure we
maintain our infrastructure and equipment while balancing fiscal realities.
Rob and Tracy will attend and join me in this discussion.
Attachment/s:
DEBT PROJECTION 2024-2028
2025 ESTIMATED CAPITAL PLAN FOR TOWN BOARD REVIEW
Page 6 of 90
TOWN OF MAMARONECK
DEBT PROJECTION
The Town has been transitioning towards using fund balance for one-time capital expenses to reduce
reliance on it for balancing operational budgets. We diligently review our capital projects each quarter to
ensure this process. For 2024,we've utilized$3.3 million of reserves for capital projects,which is$1.3 million
more than initially planned.
It is worthy to note that every $1 million of debt avoidance saves $540,000 in interest over 20 years. As of
January 1, 2024, our outstanding debt stands at $52.1 million. The five-year capital plan (2024-2028)
estimates total expenditures of$59.9 million,with$48.2 million to be financed through debt issuance.
Debt service will rise over the next five years and then gradually decrease as existing debt is paid off. Under
the current plan, the outstanding bond balance is projected to increase from $52.1 million to $52.2 million
over the next decade.
Of the planned debt issuance,$23.3 million is allocated to the Rye Lake Filtration Plant,funded through water
fees,with the remainder covered by tax levies in each fund. Currently,the Town has utilized 5.6% of its$773
million debt contracting limit. Based on the five-year capital plan, it's estimated that the Town will peak at
utilizing approximately 7.6-8% of its debt contracting capacity in 2027.
Debt issued for water projects are $18.4m or 70% of outstanding debt and $1.1 million or 20% of the debt
service in 2024. As discussed, the Town will need to bond at least$6m each year through 2027 to complete
the funding required for the Rye Lake Filtration Plant. Debt in the Water District will increase from $18.4
million to $24.5 million over the next ten years. Water fee increases will need to keep pace with the debt
issued.
The Town's bond rating has remained strong at AAA. Thia rating is based on strong financial management,
consistent funding of debt, stable tax collection and a good financial outlook. We anticipate our rating to
remain stable at this level.
The charts below provide a visual representation of the projected annual Debt Service and the Outstanding
Debt.
Year Capital Projects Bonds to be Issued
2024 $ 16,184,115 $12,477,400
2025 15,863,350 14,035,760
2026 10,307,900 9,337,510
2027 10,741,650 9,392,260
2028 3,870,000 2,914,610
Total $59,967,015 $48,157,540
Page 7 of 90
DEBT SERVICE
2024-2034
$9,000,000 /
$8,000,000 / —,
$7,000,000 /
$s,000,000 1111 . . . s
II I
$5,000,000 s
s
s
s
s
r
I
$4,000,000 I I I I II
$3,000,000 I I I , II 1
$2,000,000 INNEN .
. .
$1,000,000 . . . . II no
.
$-
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
•DEBT SERVICE-Current Debt •DEBT SERVICE-New Debt 2024-2028
OUTSTANDING DEBT
—
$so,000,000
$70,000,000 Z mil
$so,000,000
$50,000,000 ML
$40,000,000 / 1 I
$o
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Page 8 of 90
DEBT ANALYSIS
DEBT SERVICE
2024-2034
$8,000,000 -"
$7,000,000 . . I
. . . I
$6,000,000 III
$5,000,000
$4,000,000 - mal . I
$3,000,000 . .
$2,000,000
$1,000,000 y . I
$-
2024 2025 2026 2027 2028 2029 2030 2031 2032
DEBT SERVICE-Current Debt ■DEBT SERVICE-New Debt 2024-2028 ■ WATER DEBT SERVICE
Outstanding Debt Chart
$80,000,000 "
$70,000,000 "
$60,000,000 /
$50,000,000
$40,000,000
$30,000,000
$20,000,000 . . . . . . . .
$10,000,000 . . . . . . . . .
$0
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
■ Water Other
Page 9 of 90
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Page 15 of 90
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: Housing Authority - Lease Amendment and Resolution
Date: June 26, 2024
Please see the revised information regarding the lease amendment from Town Attorney, Bill Maker.
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:
2024-6-21-mx-TB-expl 6 14 amendmenr
2024-06-14-amendment
TMHA Lease Amendment Resolution - 2024 5.13.2024
Page 16 of 90
4ns
O 4
2 �
V
Town of Mamaroneck
County of Westchester
740 West Boston Post Road, Mamaroneck, NY 10543-3353
- FOUa0E01661-
COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
wmaker@townofmamaroneck.org
ATTORNEY-CLIENT OR INTRA/INTER AGENCY CONFIDENTIAL
MEMORANDUM
To: Mamaroneck Town Board
Town Board Meeting— Work Session
cc: Meredith S. Robson, Town Administrator
From: William Maker,Jr.,Attorney for the Town
Subject: Amendment to the lease for the Hommocks Park Apartments
Date: June 21, 2024
I have revised the amendment to the lease in accordance with the Town Board's
last discussion.
To summarize the salient points:
All new applicants must have household income of less 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 (see Third
I, A. on p. 3).
For existing subtenants the rules are as follows:
If the sublease expires in 2024, income is not a factor. The rent is
increased to 104% of the current rent.
Subtenants whose leases expire in 2025 or beyond fall into three
categories:
If household income is less than 80% 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 (i.e. the Benchmark), the sublease can
be renewed with the rent being the amount set by the Housing Authority (see Fifth IV, A.
on p.5)
eit Printed lin Recycled Paper
Page 17 of 90
To: Mamaroneck Town Board
cc: Meredith S. Robson,Town Administrator
From: William Maker,Jr., Attorney for the Town
Date: June 21, 2024
Page Two
If household income is between 80% and 90% of the
Benchmark the sublease can be renewed with the rent being 30% of the household
income (see Fifth IV, C. on p.6), and
If the household income is more than 90% of the
Benchmark, the sublease will not be renewed (see Fifth IV, D. on p. 6).
Steve Alfieri has checked with the Authority's landlord-tenant attorney who
advised that rents at the levels called for by the amendment would not violate any rent
regulation law so long as the Authority follows the proce4dures for notification.
2
Page 18 of 90
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 19 of 90
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 provision entitled 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.
"household income" means the income of a household.
"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
2
Page 20 of 90
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 for the first time 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
3
Page 21 of 90
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 the accuracy of the information submitted and to obtain a
credit report of the applicant. The applicant's income eligibility alone does not
automatically entitle an applicant to become a subtenant as there may be other
factors that would disqualify an applicant from being offered a sublease. The
Tenant may,at is discretion,decline to offer a sublease based on these other factors
so long as such factors are applied consistently and in the same way to all persons
and the Tenant's actions do not violate any law, regulation or rule of the United
States, the State of New York, the County of Westchester or the Town of
Mamaroneck.
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)."
4
Page 22 of 90
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 sublease term expires during 2024 and who is not in
violation of the existing sublease shall be allowed to renew the sublease for a one-
year period at a rent equal to one hundred and four(104%)percent of the amount
of the subtenant's monthly rent on the day in 2024 that the sublease expires
regardless of the subtenant's household income.
B. Subtenant whose lease expires in 2025 or beyond and whose household
income is no greater than 80%of Median Gross Income
A subtenant whose sublease term expires during 2025 or during a later year and
who is not in violation of the then existing sublease shall be allowed to renew the
sublease for a one-year period at a rent equal to the adjusted rent amount set by
the Tenant for the year in which such sublease expires if the subtenant's 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
subtenant's household.
5
Page 23 of 90
C. Subtenant whose lease expires in 2025 or beyond and whose household
income is more than 80%of Median Gross Income but not greater than 90%
of Median Gross Income
A subtenant whose sublease term expires during 2025 or during a later year and
who is not in violation of the then existing sublease shall be allowed to renew the
sublease for a one-year period at a rent equal to thirty (30%) percent of the
subtenant's household income (provided the law allows the Tenant to charge rent
of such amount)if the 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 subtenant's household.
D. Subtenant whose lease expires in 2025 or beyond and whose household
income is greater than 90%of Median Gross Income
A subtenant whose sublease term expires in 2025 or during a later year shall not
be allowed to renew the sublease if the subtenant's 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 subtenant's household.
E. Other Factors
A subtenant's income eligibility alone does not automatically entitle a subtenant
to renew the subtenant's sublease as there may be other factors that would
disqualify a subtenant from being offered a renewed sublease. The Tenant may,
6
Page 24 of 90
at is discretion, decline to offer to renew a sublease based on these other factors so
long as such factors are applied consistently and in the same way to all persons
and the Tenant's actions do not violate any law, regulation or rule of the United
States, the State of New York, the County of Westchester or the Town of
Mamaroneck.F. Recertification
(a) Each year the Tenant will offer a renewal sublease to each eligible subtenant.
The timing of the offer will be in accordance with New York State law governing
notifications to subtenants.
(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 subtenant. 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.
(c) 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
7
Page 25 of 90
levels,the Tenant must be confident that the subtenant will be able to pay the rent
on a timely basis. Therefore, in addition to income, the Tenant shall consider the
subtenants' creditworthiness. To do so, the subtenant 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 subtenant. The subtenant's income eligibility alone does not
automatically entitle a subtenant to renew his/her sublease as there may be other
factors that would disqualify the subtenant from being allowed to renew his/her
sublease. The Tenant may, at is discretion, decline to renew a sublease based on
these other factors so long as such factors are applied consistently and in the same
way to all persons and the Tenant's actions do not violate any law, regulation or
rule of the United States,the State of New York, the County of Westchester or the
Town of Mamaroneck.
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
8
Page 26 of 90
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.
In witness whereof, the parties have caused this amendment to be executed by their duly
authorized representatives.
9
Page 27 of 90
Town of Mamaroneck
By:
Meredith S. Robson,Town Administrator
Town of Mamaroneck Housing Authority
By:
Joseph Mileto,Chairperson
Housing Authority/June 14,2024
10
Page 28 of 90
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 29 of 90
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 30 of 91
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 31 of 91
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 32of0w
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 33 of 91
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 34 of 90
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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
CC: Tracy Yogman, Town Comptroller
Re: Proposed 2024 Water Rate Increase
Date: June 26, 2024
Attached please find a memo from Tracy Yogman regarding the proposed 2024 Water Rate increase.
David Birdsall, Business Director at WJWW, will attend both the work session and public session
remotely to present this information.
Action Requested:
Resolved that the Town Board hereby authorizes an increase of 20% to be applied to all
applicable water use rates charged by the Westchester Joint Water Works effective with
the next month's water bill.
Page 44 of 90
v
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: June 26, 2024
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: Proposed 2024 Water Rate Increase
General:
The Westchester Joint Water Works (WJWW) has evaluated the water rates for the three WJWW
participating Municipalities. At this time, the Town Board is being asked to consider a water rate
increase of 20%.
WJWW provides water to the unincorporated area of the Town and bills the residents directly based
on usage at the rates authorized by the Town Board. WJWW uses the water revenue to fund all of its
operating expenses. Water revenues fluctuate based on weather conditions and usage each year.
At the end of each fiscal year, WJWW distributes the net income of that year in the following fiscal
year to the Village of Mamaroneck, the Town of Mamaroneck and the Town/Village of Harrison
proportionately. The Town's share of approximately 26% of the net income for 2024 will be
distributed to the Town's Water District in 2025. That revenue is used to fund capital needs and debt
service for water projects.
The Rye Lake Filtration Plant is a multi-year project of $175 million and the Town's share will be
$24.6 million. An EFC grant has been awarded in the amount of $30 million for the project on a
reimbursement basis. We have already bonded $6.9 million to date and anticipate that we will bond
an additional $5.5 million each year through 2027. Bonding evenly each year, over the next few years
will level out the required rate increases while providing the cash flow necessary to complete the
project. The cost of this project will significantly increase debt service and as a result will require
significant rate increases.
The fund balance in the Town's Water District is anticipated to be $1.1 million at the end of 2024.
The fund balance will be utilized for project cost increases Townwide and will be reviewed when the
Town issues bonds in 2025 for the Rye Lake Filtration Plant project.
Based on the Rye Lake Filtration Plant project, inflation and supply chain issues relating to materials
and NYC water rate increases, it is prudent to consider an increase of 20%. This will increase the
Page 45 of 90
average household annual water bill from $1,361 to $1,633 or an increase of approximately $272
annually.
Page 46 of 90
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,June 26, 2024, at 8:00 PM or as soon
thereafter as is possible,to consider the"Supersession of Portions of Section 274-a (8) of the
New York Town Law in the Town of Mamaroneck" Law, at the Town Center, 740 W. Boston
Post Road, Mamaroneck, New York.
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.
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: June 12, 2024
Page 47 of 90
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 48 of 90
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 49 of 90
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,June 26, 2024, at 8:00 PM or as soon
thereafter as is possible,to consider the"Update of the Procedures for Site Plan Review of
Non-Residential Development" Law, at the Town Center, 740 W. Boston Post Road,
Mamaroneck, New York.
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.
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: June 12, 2024
Page 50 of 90
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 51 of 90
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 52 of 90
(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 53 of 90
(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 54 of 90
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
62 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 62 days after the Engineer's certification that the
applicant has supplied the missing items. For applications certified as complete by
the Engineer between June 1 and August 31, the number of days within which a
public hearing shall be opened shall be 90 days,not 62 days.
(2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be
opened only
5
Page 55 of 90
(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
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 62 days after the date on which the public hearing is closed, or within 62
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. When a public hearing is closed, or the
Planning Board's determination to waive a public hearing occurs in June, July or
August, the time within which the Planning Board must act upon such application
shall be 90 days,not 62 days.
(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
6
Page 56 of 90
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.
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
7
Page 57 of 90
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 8-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
2024-05-31-LL-rev for summer
8
Page 58 of 90
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,June 26, 2024, at 8:00 PM or as soon
thereafter as is possible,to consider the"Overnight Parking on Parkland Avenue and
Edgewater Place" Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New
York.
Purpose:
The purpose of this law is to adopt the police department's recommendation that overnight
parking be allowed on Parkland Avenue and Edgewater Place.
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: June 12, 2024
Page 59 of 90
Local Law No. -2024
This local law shall be known as the "Overnight Parking on Parkland Avenue and Edgewater
Place" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1-Purpose:
The purpose of this law is to adopt the police department's recommendation that
overnight parking be allowed on Parkland Avenue and Edgewater Place.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 219-21 of the Code of the Town of Mamaroneck hereby is amended by adding the
following to the table within that section in its proper alphabetical position:
§219-21. Parking allowed from 3:00 a.m. to 6:00 a.m.
A motor vehicle may be parked between the hours of 3:00 a.m. and 6:00 a.m. on the following
public highways or on parts of public highways described below, except on those sections of those
public highways where parking is prohibited at all times:
Name of Public Highway Direction of Travel Location
Parkland Avenue North West side, except where parking is prohibited
at all times
Edgewater Place South West side, except where parking is prohibited
at all times
Section 3-Sign(s)to be Erected and Painting to be Done:
An appropriate sign or signs shall be erected on and/or above, and/or striping shall be
painted on the surfaces of the streets identified in section 2 of this Local Law indicating where and
when parking is prohibited or limited by this law.
Section 4-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.
Page 60 of 90
Section 5—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
May 31,2024
2
Page 61 of 90
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: June 26, 2024
Action Requested:
Resolved that the Board of Fire Commissioners hereby approves the attached list of fire
claims.
Page 62 of 90
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: June 26, 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 6-26-24
Page 63 of 90
Town of Mamaroneck
From: Tracy Yogman -Town Comptroller n.
Re: Fire Claims l
Date: JUNE 26, 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 Hydrotest&refill Scott Bottle, inspection of fire extinguisher $ 188.00
Bound Tree Medical 6 Epipen kits $ 189.78
Chatsworth Cleaners Uniform cleaning $ 44.98
Con Edison Fire HQ gas service 4/26-5/28/24 $ 371.48
Grainger Drinking cups for water cooler $ 271.97
Galls, LLC Hat for Plachta, credit for returned pants $ 27.00
Hi-Tech Fire&Safety, Inc. Name plates for Turnout Jackets $ 1,239.64
KRB Supply Co Assorted nut&bolts, drill bit 97.45
Fire-End Croker 2.5" hydrant gate 731.17
Sound Shore Pest Control Pest Control Services 5/28/24 70.00
UniFirst Corporation Bathroom &cleaning supplies 5/31, 6/5, 6/7/24 343.82
Village Pizza&Pasta Food for New Member drill 6/5/24 139.65
WJWW Water charge 4/26-5/25/24 37.00
Total $ 3,751.94
Page 64 of 90
47,
IS
LLP 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: 2025 Budget Calendar
Date: June 26, 2024
Attached is the 2025 Budget Calendar for review and approval.
Action Requested:
Resolved that the Town Board hereby approves the 2025 Budget Calendar.
Page 65 of 90
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: June 26, 2024
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: 2025 Budget Calendar
General:
Attached is the 2025 Budget Calendar for review and approval.
Attachment/s:
2025 Budget Calendar
Page 66 of 90
TOWN OF MAMARONECK
BUDGET CALENDAR
BUDGET CALENDAR - 2025 TOWN BUDGET
Friday, June 21, 2024 Capital Budget Worksheets and Budget
Instructions will be posted in the 2025 Budget file
on Town Drive for Department Heads
Friday, August 9, 2024 Completion of Capital Budget
Worksheets on Town Drive for review
Friday, August 30, 2024 Input of Operating Budgets into Munis
Budget System
Friday, August 30, 2024 Completion of all Operating Budget
narratives on Town Drive
Tuesday September 3, 2024 through Departmental Budget Work Sessions to be scheduled
Friday, September 13, 2024
Wednesday, October 16, 2024 Submission of Tentative Budget to the Town Board
and Preliminary Review of Tentative Budget
Saturday, October 19, 2024 Departmental Budget Review
Wednesday, November 6, 2024 Budget Review (if necessary)
Wednesday November 27, 2024 Submission of the Preliminary Budget
Wednesday, December 4, 2024 Budget Hearing —2025 Preliminary Budget
Wednesday, December 18, 2024 Final Adoption of 2025 Budget
Page 67 of 90
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
CC: Tracy Yogman, Town Comptroller
Re: Proposed 2024 Water Rate Increase
Date: June 26, 2024
Attached please find a memo from Tracy Yogman regarding the proposed 2024 Water Rate increase.
David Birdsall, Business Director at WJWW, will attend both the work session and public session
remotely to present this information.
Action Requested:
Resolved that the Town Board hereby authorizes an increase of 20% to be applied to all
applicable water use rates charged by the Westchester Joint Water Works effective with
the next month's water bill.
Page 68 of 90
v
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: June 26, 2024
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: Proposed 2024 Water Rate Increase
General:
The Westchester Joint Water Works (WJWW) has evaluated the water rates for the three WJWW
participating Municipalities. At this time, the Town Board is being asked to consider a water rate
increase of 20%.
WJWW provides water to the unincorporated area of the Town and bills the residents directly based
on usage at the rates authorized by the Town Board. WJWW uses the water revenue to fund all of its
operating expenses. Water revenues fluctuate based on weather conditions and usage each year.
At the end of each fiscal year, WJWW distributes the net income of that year in the following fiscal
year to the Village of Mamaroneck, the Town of Mamaroneck and the Town/Village of Harrison
proportionately. The Town's share of approximately 26% of the net income for 2024 will be
distributed to the Town's Water District in 2025. That revenue is used to fund capital needs and debt
service for water projects.
The Rye Lake Filtration Plant is a multi-year project of $175 million and the Town's share will be
$24.6 million. An EFC grant has been awarded in the amount of $30 million for the project on a
reimbursement basis. We have already bonded $6.9 million to date and anticipate that we will bond
an additional $5.5 million each year through 2027. Bonding evenly each year, over the next few years
will level out the required rate increases while providing the cash flow necessary to complete the
project. The cost of this project will significantly increase debt service and as a result will require
significant rate increases.
The fund balance in the Town's Water District is anticipated to be $1.1 million at the end of 2024.
The fund balance will be utilized for project cost increases Townwide and will be reviewed when the
Town issues bonds in 2025 for the Rye Lake Filtration Plant project.
Based on the Rye Lake Filtration Plant project, inflation and supply chain issues relating to materials
and NYC water rate increases, it is prudent to consider an increase of 20%. This will increase the
Page 69 of 90
average household annual water bill from $1,361 to $1,633 or an increase of approximately $272
annually.
Page 70 of 90
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: Housing Authority - Lease Amendment and Resolution
Date: June 26, 2024
Please see the revised information regarding the lease amendment from Town Attorney, Bill Maker.
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:
2024-6-21-mx-TB-expl 6 14 amendmenr
2024-06-14-amendment
TMHA Lease Amendment Resolution - 2024 5.13.2024
Page 71 of 90
4ns
O 4
2 �
V
Town of Mamaroneck
County of Westchester
740 West Boston Post Road, Mamaroneck, NY 10543-3353
- FOUa0E01661-
COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
wmaker@townofmamaroneck.org
ATTORNEY-CLIENT OR INTRA/INTER AGENCY CONFIDENTIAL
MEMORANDUM
To: Mamaroneck Town Board
Town Board Meeting— Work Session
cc: Meredith S. Robson, Town Administrator
From: William Maker,Jr.,Attorney for the Town
Subject: Amendment to the lease for the Hommocks Park Apartments
Date: June 21, 2024
I have revised the amendment to the lease in accordance with the Town Board's
last discussion.
To summarize the salient points:
All new applicants must have household income of less 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 (see Third
I, A. on p. 3).
For existing subtenants the rules are as follows:
If the sublease expires in 2024, income is not a factor. The rent is
increased to 104% of the current rent.
Subtenants whose leases expire in 2025 or beyond fall into three
categories:
If household income is less than 80% 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 (i.e. the Benchmark), the sublease can
be renewed with the rent being the amount set by the Housing Authority (see Fifth IV, A.
on p.5)
eit Printed lin Recycled Paper
Page 72 of 90
To: Mamaroneck Town Board
cc: Meredith S. Robson,Town Administrator
From: William Maker,Jr., Attorney for the Town
Date: June 21, 2024
Page Two
If household income is between 80% and 90% of the
Benchmark the sublease can be renewed with the rent being 30% of the household
income (see Fifth IV, C. on p.6), and
If the household income is more than 90% of the
Benchmark, the sublease will not be renewed (see Fifth IV, D. on p. 6).
Steve Alfieri has checked with the Authority's landlord-tenant attorney who
advised that rents at the levels called for by the amendment would not violate any rent
regulation law so long as the Authority follows the proce4dures for notification.
2
Page 73 of 90
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 74 of 90
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 provision entitled 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.
"household income" means the income of a household.
"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
2
Page 75 of 90
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 for the first time 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
3
Page 76 of 90
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 the accuracy of the information submitted and to obtain a
credit report of the applicant. The applicant's income eligibility alone does not
automatically entitle an applicant to become a subtenant as there may be other
factors that would disqualify an applicant from being offered a sublease. The
Tenant may,at is discretion,decline to offer a sublease based on these other factors
so long as such factors are applied consistently and in the same way to all persons
and the Tenant's actions do not violate any law, regulation or rule of the United
States, the State of New York, the County of Westchester or the Town of
Mamaroneck.
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)."
4
Page 77 of 90
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 sublease term expires during 2024 and who is not in
violation of the existing sublease shall be allowed to renew the sublease for a one-
year period at a rent equal to one hundred and four(104%)percent of the amount
of the subtenant's monthly rent on the day in 2024 that the sublease expires
regardless of the subtenant's household income.
B. Subtenant whose lease expires in 2025 or beyond and whose household
income is no greater than 80%of Median Gross Income
A subtenant whose sublease term expires during 2025 or during a later year and
who is not in violation of the then existing sublease shall be allowed to renew the
sublease for a one-year period at a rent equal to the adjusted rent amount set by
the Tenant for the year in which such sublease expires if the subtenant's 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
subtenant's household.
5
Page 78 of 90
C. Subtenant whose lease expires in 2025 or beyond and whose household
income is more than 80%of Median Gross Income but not greater than 90%
of Median Gross Income
A subtenant whose sublease term expires during 2025 or during a later year and
who is not in violation of the then existing sublease shall be allowed to renew the
sublease for a one-year period at a rent equal to thirty (30%) percent of the
subtenant's household income (provided the law allows the Tenant to charge rent
of such amount)if the 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 subtenant's household.
D. Subtenant whose lease expires in 2025 or beyond and whose household
income is greater than 90%of Median Gross Income
A subtenant whose sublease term expires in 2025 or during a later year shall not
be allowed to renew the sublease if the subtenant's 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 subtenant's household.
E. Other Factors
A subtenant's income eligibility alone does not automatically entitle a subtenant
to renew the subtenant's sublease as there may be other factors that would
disqualify a subtenant from being offered a renewed sublease. The Tenant may,
6
Page 79 of 90
at is discretion, decline to offer to renew a sublease based on these other factors so
long as such factors are applied consistently and in the same way to all persons
and the Tenant's actions do not violate any law, regulation or rule of the United
States, the State of New York, the County of Westchester or the Town of
Mamaroneck.F. Recertification
(a) Each year the Tenant will offer a renewal sublease to each eligible subtenant.
The timing of the offer will be in accordance with New York State law governing
notifications to subtenants.
(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 subtenant. 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.
(c) 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
7
Page 80 of 90
levels,the Tenant must be confident that the subtenant will be able to pay the rent
on a timely basis. Therefore, in addition to income, the Tenant shall consider the
subtenants' creditworthiness. To do so, the subtenant 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 subtenant. The subtenant's income eligibility alone does not
automatically entitle a subtenant to renew his/her sublease as there may be other
factors that would disqualify the subtenant from being allowed to renew his/her
sublease. The Tenant may, at is discretion, decline to renew a sublease based on
these other factors so long as such factors are applied consistently and in the same
way to all persons and the Tenant's actions do not violate any law, regulation or
rule of the United States,the State of New York, the County of Westchester or the
Town of Mamaroneck.
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
8
Page 81 of 90
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.
In witness whereof, the parties have caused this amendment to be executed by their duly
authorized representatives.
9
Page 82 of 90
Town of Mamaroneck
By:
Meredith S. Robson,Town Administrator
Town of Mamaroneck Housing Authority
By:
Joseph Mileto,Chairperson
Housing Authority/June 14,2024
10
Page 83 of 90
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 84 of 90
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 85 of 91
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 86 of 91
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 87of0w
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 88 of 91
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[
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