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Home My WebLink About2024_07_17 Town Board Meeting Packet t H � /41 FOUNDED 1661 Town of Mamaroneck Town Board Agenda Wednesday, July 17, 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. Request for Executive Session 2. Discussion - 2024 Capital Budget Amendments 4 - 8 2024 Capital Budget Amendments - Pdf 3. Interim Capital Plan/Budgeting Discussion 9 - 19 Interim Capital Plan/Budgeting Discussion - Pdf 4. Discussion - 2025 Budget Calendar 20 - 21 2025 Budget Calendar- Pdf 5. Discussion -Award of Bid - TA-24-03 Resurfacing of Various Roads 22 - 25 Award of Bid - TA-24-03 Resurfacing of Various Roads - Pdf 6. Discussion -Award of Bid - TA-24-10 - Reconstruction of Municipal Sidewalks 26 - 29 & Curbing Rejection of Bid - TA-24-10— Reconstruction of Municipal Sidewalks & Curbing - Pdf 7. Discussion - Rejection of Bid - TA-24-11 Senior Center Renovations 30 - 32 Rejection of Bid - TA-24-11 Senior Center Renovations - Pdf 8. Discussion - Proposed Local Law Prohibiting Parking of Mobile Homes and 33 - 34 Trailers on Public Streets Proposed Local Law Prohibiting Parking of Mobile Homes and Trailers on Public Streets - Pdf 9. Discussion - Proposed Part-time Salary Increase for EMTs and Paramedics 35 - 36 Proposed Part-time Salary Increase for EMTs and Paramedics - Pdf 10. Discussion - Housing Authority- Lease Amendment and Resolution 37 - 57 Housing Authority - Lease Amendment and Resolution - Pdf 11. Discussion - Proposed 2024 Water Rate Increase 58 - 68 Proposed 2024 Water Rate Increase - Pdf Page 1 of 170 12. Updates 13. 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.orq CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 69 - 71 Fire Claims - Pdf 3. Fire Report 4. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of Approval - Proposed 2024 Water Rate Increase 72 - 82 Proposed 2024 Water Rate Increase - Pdf 2. Consideration of Approval - 2024 Capital Budget Amendments 83 - 87 2024 Capital Budget Amendments - Pdf 3. Consideration of Approval - 2025 Budget Calendar 88 - 89 2025 Budget Calendar- Pdf 4. Consideration of Award of Bid - TA-24-03 Resurfacing of Various Roads 90 - 93 Award of Bid - TA-24-03 Resurfacing of Various Roads - Pdf 5. Consideration of Rejection of Bid - TA-24-10 - Reconstruction of Municipal 94 - 97 Sidewalks & Curbing Rejection of Bid - TA-24-10— Reconstruction of Municipal Sidewalks & Curbing - Pdf 6. Consideration of Rejection of Bid - TA-24-11 Senior Center Renovations 98 - 100 Rejection of Bid - TA-24-11 Senior Center Renovations - Pdf 7. Consideration to Set a Public Hearing - Proposed Local Law Prohibiting 101 - 102 Parking of Mobile Homes and Trailers on Public Streets Proposed Local Law Prohibiting Parking of Mobile Homes and Trailers on Public Streets - Pdf 8. Consideration of Approval - Proposed Part-time Salary Increase for EMTs and 103 - 104 Paramedics Proposed Part-time Salary Increase for EMTs and Paramedics - Pdf 9. Housing Authority - Lease Amendment and Resolution 105 - 125 Page 2 of 170 Housing Authority - Lease Amendment and Resolution - Pdf 10. Consideration of Adoption - "Update of the Procedures for Site Plan Review of 126 - 134 Non-Residential Development" Law Update of the Procedures for Site Plan Review of Non-Residential Development- Pdf 11. Certiorari REPORTS OF MINUTES 1. Reports of Minutes for October 18, 2023, June 18, 2024, and June 26, 2024. 135 - 170 Report of Minutes for October 18, 2023, June 18, 2024, and June 26, 2024. - Pdf REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING -August 14, 2024 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 3 of 170 .17 13) 2. Lu. `" irri Town of Mamaroneck n Town Center FOUNDED 11561 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: 2024 Capital Budget Amendments Date: July 17, 2024 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding the 2024 Capital Budget Amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 4 of 170 mTown of Mamaroneck Comptroller, Town Center F€7UMDEa 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: July 17, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2024 budget amendments are recommended for approval. 1- Town Center Parking Lot(H1648) The repaving of the parking lot project that was completed several years ago has a remaining balance. A budget amendment is recommended below to return the balance to the General Fund. 2- Hillside Bridge (H5163) The renovation to the Hillside Ave Bridge has a remaining balance. A budget amendment is recommended below to transfer those funds to the Waverly Ave bridge project that is in progress. 3. Virtual Reality Training System (H31103) The Town has been awarded a grant from the State Law Enforcement Technology (LETECH) Program for the purchase and implementation of an innovative interactive simulation training solution for the Police Department. A budget amendment is recommended below to establish a capital project for the purchase. 4. Roundabout (H5198) The Town has been awarded a U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2024 Economic Development Initiative (EDI) - Community Project Funding (CPF) grant for the roundabout project. This is partial funding for the project. Additional grant applications have been submitted to complete the funding needed. A budget amendment is recommended below to establish the capital project. 5. Parks Building- Sign Shop (H5191) The bid to reconstruct a new building in Memorial Park for the sign shop and parks equipment must be rebid to comply with Wicks Law that is required for projects that cost over $1.5m. The project will be redesigned to incorporate measures for cost savings and to address the requirements of Wicks Page 5 of 170 Law. A bond will be issued to complete the funding needed based on the lowest estimate for the project. A budget amendment to reflect the additional amount needed to bond is recommended below. 6. Sr Center Renovation (H6758) The Town has been awarded NYSERDA grant funding of $100,000 under the Clean Energy Communities Program to reduce greenhouse emissions and contribute to New York clean energy goals. The funding is to be used for building heat pump upgrades as part of the renovation plan at the Town's Senior Center. A budget amendment is recommended to add the funding to the project. 7. Drainage Study (H5135) The Town has been awarded a Federal Emergency Management Agency (FEMA) grant that will be administered by the New York State Division of Homeland Security & Emergency Services (NYSDHSES) to conduct a comprehensive storm sewer evaluation for drainage infrastructure as a pre-disaster mitigation effort. A budget amendment is recommended to add the funding to the existing project. 8. Long Island Sound Resilience Planning Support Program Study (B8030-4902) The Town has been awarded a federal U.S. EPA grant through the Long Island Sound Study (LISS) and administered through New York Sea Grant (NYSG) and Connecticut Sea Grant (CTSG). The grant will fund a climate vulnerability assessment for three key municipally owned properties on Hommocks Road, Boston Post Road, and Pryer Manor Road. The study will provide current conditions, potential climate impacts, identify flood mitigation strategies, and develop conceptual designs for priority projects. The Town will not administer this grant but is the beneficiary. As such the Town will record the grant and the expenses as the project progresses. a budget amendment is recommended to record the project. 9. Colonial Avenue Sidewalk(H5199) The Town has been awarded a Transportation Alternatives Program (TAP) grant for projects that promote alternative, environmentally friendly modes of travel, such as walking, biking or riding mass transit. Federal Highway Administration's Transportation Alternatives Program (TAP) are being administered by the New York State Department of Transportation. Funding of $1,224,480 has been awarded for the improvement to Colonial Avenue to provide a safe route for elementary school children and parents. A budget amendment to establish the project budget is recommended below. 10. Curb Improvements (H5173) The bid for curb improvements included a couple of crosswalks that were not contemplated in the curb improvement capital budget item. The capital project budget requires additional funding to fund the bid. A budget recommendation to transfer funds from the Highway fund balance is recommended below. Attachment/s: 2024 CAPITAL BUDGET AMENDMENTS - July 17, 2024 Page 6 of 170 2024 CAPITAL BUDGET AMENDMENTS CAPITAL FUND (FUND H): Amount 1 Expense H1648-0400 TC Parking Lot improvements Decrease (18,233.01) Expense H1648-9901 Transfer to General Fund (H1648) Increase 18,233.01 2 Expense H5163-0400 Hillside Ave Bridge Decrease (20,224.47) Revenue H5163-5995 Appropriated FB Decrease (20,224.47) Expense H5162-0400 Waverly Ave Bridge Increase 20,224.47 Revenue H5162-5995 Appropriated FB Increase 20,224.47 3 Expense H31103-0400 Police Virtual Reality Training System Increase 75,000.00 Revenue H31103-3397 State Aid- Public Safety Increase 75,000.00 4 Expense H5198-0400 Roundabout Increase 2,000,000.00 Revenue H5198-4997 Federal Funds Increase 2,000,000.00 5 Expense H5191-0400 Sign Shop Increase 1,050,000.00 Expense H5191-4022 Bond Costs Increase 15,000.00 Revenue H5191-5710 Bond Revenue Increase 1,065,000.00 6 Expense H6758-0400 Sr Center Renovation- Heat Pump Syste Increase 100,000.00 Revenue H6758-3097 NYSERDA Grant- Sr Center Heat Pump Increase 100,000.00 7 Expense H5135-0400 Drainage Study- BRIC Increase 225,000.00 Revenue H5135-4988 FEMA- BRIC Grant Increase 225,000.00 9 Revenue H5199-4597 Federal Grant- Sidewalks Increase 1,224,480.00 Expense H5199-0400 Colonial Avenue Sidewalks Increase 1,224,480.00 Page 7 of 170 CAPITAL FUND (FUND H) Amount 10 Expense H5173-0400 Curb Improvements Increase 91,800.00 Revenue H5173-5033 Transfer from Highway Increase 91,800.00 GENERAL FUND (FUND A) 1 Revenue A9900-5040 Transfer from H (H1648) Increase 18,233.01 Revenue A9999-5995 Appropriated Fund Balance (H1648) Decrease (18,233.01) PART TOWN FUND (FUND B) 8 Revenue B8030-4902 Federal Aid- EPA-Study Grant Increase 74,000.00 Expense B8030-4035 Consultant Services- Drainage study Increase 74,000.00 HIGHWAY FUND (FUND DB) 10 Expense DB9900-9950 Transfer to H (H5173) Increase 91,800.00 Revenue DB9999-5995 Appropriated Fund Balance (H5173) Increase 91,800.00 Page 8 of 170 47 `" 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Interim Capital Plan/Budgeting Discussion Date: July 17, 2024 Attached is the interim capital plan/budgeting discussion item previously discussed at the June 26, 2024 Town Board meeting. Since time did not allow for full discussion, we have put it back on the work session agenda. Attachment/s: Interim Capital Plan & Budgeting Discussion Page 9 of 170 .17 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: 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 10 of 170 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 11 of 170 DEBT SERVICE 2024-2034 $9,000,000 7 $8,000,000 Z $7,000,000 . MI $6,000,000 . . . I m Il $5,000,000 . . . . 111 $4,000,000 . . . . . . $3,000,000 . . . . . . $2,000,000 1 1 III $1,000,000 1 1 1 1 1 1 1 1 1 $- 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 •DEBT SERVICE-Current Debt •DEBT SERVICE-New Debt 2024-2028 OUTSTANDING DEBT $80,000,000 , l--. $70,000,000 ' lo ' / $60,000,000 Z. _ I $50,000,000 $40,000,000 / $30,000,000 / III II _ $20,000,000 $10,000,00U i i 1 1 . $0 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Page 12 of 170 DEBT ANALYSIS DEBT SERVICE 2024-2034 $8,000,000 $7,000,000 II . . . I I . $6,000,000 IUUUUUUU $5,000,000 . I . I $4,000,000 $3,000,000 $2,000,000 -Z-1 $1,000,000 $- 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 13 of 170 0 0 0 0 0 0 0 0 0 0 c, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N o 0 0 o ui N o 0 CO O N r a I� O co O N , N N N 0 N N CO CO CO N , C a CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 O 0 0 0 p o o p O N N O. 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LL null i n o `°Qoo 3 o a 0 a D_ V 2 cc v Z M L_ J cc a J K e 0 0 N nn I, 0 o = a0 0_ a 0 N m ei N N N N O O CI- a 0 0 m O "a, • M N O O. 0 CO -64 O N C] CI N N b0 pmp N C m cNi a o � ea 00 U a 0 m `i 0_ m a • o • a O c n QOI } 1p O) N LL a O a Z • QJ a W Z a 0 O CO Q ~ Z a v a g U a, O W U Z } W O > a a r LL m ao a01 o O D 3 o. Page 19 of 170 .17 L ` i Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: 2025 Budget Calendar Date: July 17, 2024 Attached is the 2025 Budget Calendar for review and approval. Action Requested: Resolved that the Town Board hereby approves the 2025 Budget Calendar. Attachment/s: 2025 Budget Calendar-DRAFT Page 20 of 170 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 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 Tuesday, October 22, 2024 Departmental Budget Review Wednesday, October 23, 2024 Departmental Budget Review Thursday, October 24, 2024 Departmental Budget Review Monday, November 4, 2024 Budget Review (if necessary) 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 21 of 170 .17 `" 1 rri Town of Mamaroneck n Town Center FOUNDED 11561 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Award of Bid- TA-24-03 Resurfacing of Various Roads Date: July 17, 2024 Attached please find a memo from Robert Wasp, Town Engineer, requesting consideration of award of bid TA-24-03 Resurfacing of Various Roads. Action Requested: Resolved that the Town Board hereby awards the bid for TA-24-03 Resurfacing of Various Roads, received and opened on July 3, 2024, including the Add Alternate 1 to Laura Li Industries in the total contract amount of$1,397,920 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 22 of 170 4 Town of Mamaroneck Comptroller, Town Center F€7UMDEa 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: July 17, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid - TA-24-03 Resurfacing of Various Roads General: Bid procurement was recently completed for the Town's 2024 road resurfacing contract. The project scope consists of pavement resurfacing and related work on various streets throughout the Town, including Vine Place, Glenn Eagles Dr, Glen Eagles Dr S, Vine Rd, Villa Rd, Knollwood Dr, Locust Ridge Rd, Campbell Ln, Villa Ln, Boulder Ln, Edgemont Rd,Nancy Ln, Coventry Ct, Rocky Hollow Dr, and Myrtle Blvd. On July 3rd, 2024, five (5) bid proposals were received as summarized on the attached bid tabulation table. The apparent low bidder is "Laura Li Industries" at the submitted base bid price of $1,141,330.00 for the full project scope. Add Alternate No. 1 was included on the bid form for the addition of resurfacing work on Glenn Rd, E. Valley Stream Rd, Bryson St, Sackett Dr, and Althea Ln. The additional bid cost for inclusion of Alternate No. 1 amounts to $256,590 added to the base bid price. It should be noted that resurfacing work planned on East Valley Stream Road will be delayed to occur following the conclusion of the Town's bridge replacement project and subsequent gas main replacement by ConEdison scheduled for later this summer. Laura Li Industries was contracted with the Town under the last two previous year's road resurfacing contracts. Work completed by the contractor was of satisfactory quality and conducted in a professional manner. No errors or omissions that could potentially impact the viability of their bid price have been identified at this time. Budget for pavement resurfacing was planned as part of the 2024 adopted budget ( H5104). The base bid amount, with inclusion of Add Alternate No. 1 is fully contained within this year's available budget. The Engineering Department recommends authorization of contract award with Alternate No.1 included to Laura Li Industries in the total contract amount of$1,397,920.00. Please feel free to contact me with any questions. Page 23 of 170 Attachment/s: Tabulation TA-24-13 Page 24 of 170 ) ) \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ H . \ / } ) 3 = J & _ _ _ ® ~ ` F. ) ` 3 Lei Z ) , CC } / } :sr )72 , ,k ` , : : , , , , z. I// / ! \ ( \ f .45) \ 5 } ; ; \ \ , z so , z O. - , , , } ; z , z -vl } \ §o\ s74 Z \ / , , , , : : , , z ;\ / \/ \ \\\ )\ 4 ( \.\ / ; / } \. _, \ \ \\ \ \ \ \§ \\ \ \ / _ - _ a/ ) \\#$ p % - ° ` \ ) _ — ƒ: ) , \ /: E } : : _ /\\, ! _fm a - § - 3I f « - \_ ` : - \ -�) _, _ - _ ° k ! a E. z z / - z )/3 \ \ }/ z `: } / z a \ a / j \ \\ a : f : Pge$5 of 170 `" 1 rri Town of Mamaroneck n 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: Robert P. Wasp, Town Engineer Re: Rejection of Bid - TA-24-10 — Reconstruction of Municipal Sidewalks & Curbing Date: July 17, 2024 Attached please find a memo from Rob Wasp recommending rejection of the sidewalk and curbing bid. The bid prices came in significantly above our budget estimate so our intent would be to revise the scope of the bid and re-bid it immediately. Action Requested: Resolved that the Town Board hereby rejects bid TA-24-10 - Reconstruction of Municipal Sidewalks & Curbing due to the significant cost above budget. Page 26 of 170 4 Town of Mamaroneck Engineering Department, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: July 17, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Rejection of Bid - TA-24-10—Reconstruction of Municipal Sidewalks & Curbing General: Bid procurement was recently completed for the Town's 2024 reconstruction of sidewalk and curbing contract. The project scope consists of sidewalk and curbing replacement along Howell Avenue. Pedestrian crosswalk improvements at four (4) separate locations were also included in this contract. The four crosswalk work locations are: 1) New Jefferson St X N. Chatsworth Ave; 2) N. Chatsworth Ave X Edgewood Avenue; 3) Colonial Avenue X Daymon Terrace; and 4) Daymon Terrace X Forest Avenue. On June 21 st, 2024, five (5) bid proposals were received as summarized on the attached bid tabulation table. The apparent low bidder is "Cornerstone Restoration Group" at the submitted total price of$364,075.00 for the full project scope. Budget for the reconstruction of sidewalk and curbing contract was planned as part of capital project H173 in the amount of$290,000.00. It can be noted that the capital project did not include the planned crosswalk improvements at Colonial Avenue X Daymon Terrace; and Daymon Terrace X Forest Avenue at the time of the approval for the Town Budget. These locations were added following the review of concerns raised by the community that were reflected in the recommendation for inclusion received from the Town Traffic Committee to the Town Board. The Engineering Department recommends that the submitted bid proposals should be rejected, with intention to rebid the project for consideration of results at the August Town Board meeting. The revised bid advertisement will include adjustment to the project's scope of work to better accommodate the available capital budget. Please feel free to contact me with any questions. Attachment/s: Page 27 of 170 Final Bid Tabulation TA-24-10 Page 28 of 170 ! : o \� 0 , , \ , , - ; \ cc", , , , ° { ; ` 7 O 2 , , CC } \ \ o cc } : = - 0 z ; , : , , . , , , _ : : 14. § / ` z cc 1 \ w \ \ \ \_ \ _ _ e \ \ ; - , _ _ , , S } \ } \ -c ° 2 : _ , , } \ \ \ - % {/ } / \ \ _ ) § _ - [ / Qo \ ) 9 2 - - _ : \ ® P. § \\ - 78 3 \{) - \\ § - \ % 7 \ . ® � ) # , \ : ; } E ƒ 4 _ \\ \ - - \_ \\ [ }{ = \ , e , ! _ : : 0 \A )~ ) , ogyONECK . \ / __ 2 (\ // ; 4101 { J ) • - \� \ \ \ \ \ - ! \ Pa e\g 7 170 _ / 2 = 2 ) } \ / / / 47 Lu. " 1 i Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Rejection of Bid- TA-24-11 Senior Center Renovations Date: July 17, 2024 As you can see by the information in Rob's memo, the Senior Center Renovation bid came in significantly higher than our budget estimate. It appears that one of the main reasons for such a sharp price increase is a result of the current work commitments of potential bidders. We are recommending bid rejection now and will rebid sometime later in the Fall in the hopes of receiving more favorable bids. Action Requested: Resolved that the Town Board hereby rejects bid TA-24-11 Senior Center Renovations due to the significant cost above budget. Page 30 of 170 mTown of Mamaroneck Comptroller, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: July 17, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Rejection of Bid- TA-24-11 Senior Center Renovations General: Bid procurement was recently completed for the Town Senior Center Renovations project. The project scope consists of various interior and exterior renovations in the Center's Activity Room, Foyer, and Front Porch. New heating, ventilation and air conditioning (HVAC) and energy efficiency upgrades comprise a portion of the interior renovation scope of work. Necessary work for asbestos material mitigation was also added to the project due to recently completed material testing results. On July 2nd, 2024, one (1) bid proposal was received as summarized on the attached bid tabulation table. The sole proposal was provided from "AFL General Construction, Inc." at the submitted base bid price of $1,141,400.00. The bid proposal received was significantly greater than the allocated budget available in the capital project. The most recent construction cost estimate prepared by the Town's consultant team had established the expected construction budget at $664,900.00 with contingency included. A detailed schedule of values was submitted with the bidder's proposal for review by the Engineering Department. The most substantial deviations in anticipated costs were observed in scope of work items for HVAC and electrical components. Several contractors have shared their decision not to submit proposals for this project was based upon their committed workload for the remainder of 2024. The Engineering Department recommends that the submitted bid proposal should be rejected with intention to rebid the project in Fall 2024 when the market conditions are more favorable to receive competitive bid proposals. Please feel free to contact me with any questions. Attachment/s: Tabulation TA-24-11 Page 31 of 170 / § % \} o } c\\ \ - / / )® ƒr \ \ \w : . m -G..- e\ � g > cC % } 0 ~/ (a /\ Lu$ ° \ / % f2 / u = / § CC \ E 2 \ / i j % e y / 2 / / 2 7 ` r f Cu 2 : 2 \ \ G / \ \ E / \ \ \ ) \ \ a > ® « > / \ { } { \ ) \ 2 \ + \ / E ) WTI j / \ \ \ \ ƒ - ) rip : / �_^` ( ƒ \ ' / c / P ) . g 111 �k !) \ \ - ( \ \ = 4 / \ -- Page 32 of 170 .17 Lu. `" irri Town of Mamaroneck n 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: William Maker Jr., Town Attorney Re: Proposed Local Law Prohibiting Parking of Mobile Homes and Trailers on Public Streets Date: July 17, 2024 Attached is a memo from Town Attorney, Bill Maker, regarding a proposed local law that would prohibit parking of mobile homes and trailers on public streets. Should the Board wish to set a public hearing for the proposed law, I recommend the following resolution: Action Requested: Resolved that the Town Board does hereby set the date for a Public Hearing on the "Prohibition of Parking of Trailers and Mobile Homes on Public Streets" law for August 14, 2024. Attachment's: 2024-7-05-mx-TB- REVISED 7 12 Page 33 of 170 o ( • . o Town of Mamaroneck Wr County of Westchester .FOUNDeD 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914 / 381-7815 FAX: 914 / 381-7809 W Mak erJ r@TownofM amaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson, Town Administrator From: William Maker,Jr.,Attorney for the Town Subject: Proposed local law prohibiting parking of mobile homes and trailers on public streets Date: July 5, 2024 As a result of complaints regarding the parking of trailers on Town streets,I was asked to draft the attached local law which if enacted,would ban parking of trailers and mobile homes on Town streets. The Board will recall that at the June 26th meeting, a resident attending the public hearing regarding overnight parking on Parkland Avenue and Edgewater Place expressed dissatisfaction with the on-street parking of a trailer in that neighborhood. If the Town Board considers the matter worthy of public discussion, it can set a public hearing where the adoption of this law would be the topic. ,,,k. Page 34 of 170 .17 " 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Proposed Part-time Salary Increase for EMTs and Paramedics Date: July 17, 2024 Attached is a memo from the Ambulance District Administrator, Mike Liverzani, requesting that the Town Board consider increasing the part-time salary rates for EMTs and paramedics by $4 per hour. The Ambulance District is experiencing an unprecedented number of vacant shifts for the July— October 2024 schedule. If approved by the Board, this would increase the Town's salary expenses by approximately $45,000. Action Requested: Resolved that the Town Board hereby approves the amendment to the Part-time, Seasonal and Part-time Availability Salary Schedule for 2024, to raise the EMT hourly rate to $27.81 per hour and the paramedic rate to $43.55 per hour, effective July 21, 2024. Attachment/s: 2024 raise request 7.9.24 V2 Page 35 of 170 �..F •9�i o 0 Town of Mamaroneck w 4 m Town Center , 7 740 West Boston Post Road,Mamaroneck,NY 10543-3353 FOUNDED 1661 AMBULANCE DISTRICT TEL: 914/381-7838 FAX: 914/381-2010 mliverzani@townofmamaroneckny.org To: Meredith Robson Date: July 9, 2024 From: Michael Liverzani Re: EMT and Paramedic Coverage Meredith, In our upcoming Paramedic schedule that runs 7/21/24 — 10/12/24, we have 63 shifts we are unable to fill. I have never experienced this many open shifts since the beginning of the Ambulance District in 1994. It is becoming exceedingly difficult to hire and retain EMTs and Paramedics due to a limited number of medics in our area. In addition, many of the local EMS services have switched to full-time positions on top of increased salaries. This makes our system much less attractive to the limited people available. I request we immediately increase salaries across the board by $4/hour. This would bring Paramedics to $43.55 and EMTs to $27.81. Our current rate is $23.81for EMTs and $39.55 for Paramedics. Keep in mind we pay no benefits and have only per-diem employees, while the other agencies in our area pay benefits including 401k matches. As far as budget impact, it would increase our salary expenses approximately $45,000 for the remainder of the FY 2024. Our revenue has exceeded the budget this year so our overall budget performance would still be net revenue. If we fail to fill these shifts and are unable to deliver paramedic service, I will project revenue to fall because we charge more for Paramedic calls. Therefore, to maintain our legal obligation to provide paramedic services and keep up our very healthy revenue, I implore you to seriously consider this immediate raise that is within the Town's Part Time Employees Salary Schedule. Page 36 of 170 47 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Housing Authority- Lease Amendment and Resolution Date: July 17, 2024 Attached please find a resolution from the Town of Mamaroneck Housing Authority approving the lease agreement discussed at the June 26, 2024 Town Board meeting. Also included is the revised resolution from the Housing Authority meeting of July 8, 2024. Attachment/s: Lease Amendment Resolution 7.8.24 Housing Authority - Lease Amendment and Resolution Page 37 of 170 EXTRACT OF THE MINUTES OF THE MEETING OF THE MAMARONECK HOUSING AUTHORITY HELD JULY 8,2024 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. Resolved,that the Town of Mamaroneck Housing Authority Board hereby approves the lease amendment with the Town of Mamaroneck and hereby authorizes the Chairman of the Board to execute it and any document relating to the agreement for implementation. The above resolution was approved on motion from Ms.Christie Philbrick-Wheaton and seconded by Mr.Lawrence Thaul. 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 July 8,2024. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Corporate Seal of said the Mamaroneck Housing Authority,this 10th day of July,2024. /ke7N- Margaret elohery,Secretary the Mamaroneck Housing Authority Page 38 of 170 .17 1 rri Town of Mamaroneck n Town Center FOUNDED 11561 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 39 of 170 o � ° 0 Town of Mamaroneck 2 County of Westchester 740 West Boston Post Road, Mamaroneck, NY 10543-3353 • FOU'.DED1661. COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 w m a ker®tow nofmam a roneck.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) it Printed Ln Recycled Paper Page 40 of 170 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 41 of 170 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 42 of 170 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 43 of 170 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 44 of 170 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 45 of 170 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 46 of 170 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 47 of 170 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 48 of 170 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 49 of 170 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 50 of 170 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 51 of 170 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 52 of 1711 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 53 of 171 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 f housing on an ongoing basis. In order to keep rents at affordable levels, the Tenant must be confident that an applicant will be able to pay the rent on a timely basis. Therefore, in addition to income, the Tenant shall consider the applicant's creditworthiness. To do so,the applicant shall deliver to the Tenant or its designee a signed release or similar instrument that will allow the Tenant or its designee to confirm the accuracy of the information submitted and to obtain a credit report of the applicant. Notwithstanding, Subtenant's income eligibility alone does not automatically entitle subtenant to a lease as there may be other factor(s)that would otherwise disqualify a subtenant from being offered same and Tenant may,at its discretion,decline to offer a lease based on these other factor(s)so long as such decision does not violate applicable relevant State and or Federal law(s),regulation(s)and/or policy,etc. Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended by deleting from subsection B thereof the words: "and will use a lottery system to determine the order in which it will review applications within each Tiers(sic)." No change is made to the remaining portion of subsection B which shall remain in full force and effect. Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9,2015 is deleted and the following substituted in its place: IV.Renewal Policy 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 54 of 1711 designee as beingno more than eighty 80So g g y( )percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. C. Subtenant whose lease expires in 2025 and whose household income is more than 80%of Median Gross Income but not greater than 90%of Median Gross Income A subtenant whose lease term expires during 2025 who is not in violation of the existing lease and whose household income is recertified by the Tenant or its designee as being more than 80% of median gross income but not greater than 90% of median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household shall be allowed to renew the lease for a one-year period at a rent equal to thirty(30%)percent of the household income. D. Subtenant whose lease expires in 2025 and whose household income is greater than 90%of Median Gross Income A subtenant whose lease term expires in 2025 shall NOT be allowed to renew the lease IF the household income is recertified by the Tenant or its designee as being greater than ninety(90%)percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household at such rent as the Tenant determines;provided the law allows the Tenant to charge rent of that amount. E. Subtenant whose lease expires in 2026 or in a later year A subtenant whose lease term expires during 2026 or during any later year and who is not in violation of the then existing lease shall be allowed to renew the lease for a one- i year period at a rent equal to the amount set by the Town of Mamaroneck Housing Authority Board for the year of the renewal only if the household income is recertified by the Tenant or its designee as being no more than eighty(80%)percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. For 2026 and beyond, the TMHA will not issue a lease renewal for any tenant whose household income is more than 80%of Median Gross Income but not greater than 90%of Median Gross Income F. Recertification (a)The TMHA will each year issue to eligible subtenants a proposed renewal lease. The timing for the issuance of renewal leases will be in accordance with New York State law 4 Page 55 of 17s 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— I 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 1 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 56 of 171 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. Margaret%>Deiohery,Secretary o the Mamaroneck Housing Authority 6 Page 57 of 170 .17 `" 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Proposed 2024 Water Rate Increase Date: July 17, 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 58 of 170 4 Town of Mamaroneck Comptroller, Town Center • F€7UMDEa 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: July 17, 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 59 of 170 average household annual water bill from $1,361 to $1,633 or an increase of approximately $272 annually. Attachment/s: Water Rates Page 60 of 170 0 a) kJ W (D C O a) fr3 4-) 4-) ro n9 o W l ' T ro p a V I 4) O U -4--) V1 4) Page 61 of 170 N O 0 O rI - �C. . ) c:: A"� 0ert 0 1� c) 0 a� cu ., o lJ x w o CD H —.1 IlI H M O o p ti ti a. tem Obttl 06 a. a. 06 1. W Cb U O Vi 0 a. •a. a NO a. Llaq"413 CA u QJ � Q.) O otO0 o v y o 0 P. v Oct '� o c'Zt Ct O C....) 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Lu. `" irri Town of Mamaroneck Town Center FOUNDED 11561 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: July 17, 2024 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 69 of 170 49 4 Town of Mamaroneck Comptroller, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: July 17, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims Attachment/s: FIRE CLAIMS 7-17-24 Page 70 of 170 Town of Mamaroneck From: Tracy Yogman - Town Comptroller rk. Re: Fire Claims Date: July 17, 2024 The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the Comptrollers Office for payment: VENDOR DESCRIPTION Amount Annual Inspection of Firehouse/truck extinguisher,repair&recharge of MA Emergency Supply Co., Inc oxygen cylinder, repair thermal imaging camera $ 1,212.26 Con Edison Fire HQ gas service 4/26-5/28/24 additional charge $ 10.49 Con Edison Fire HQ gas service 5/28-6/26/24 $ 246.76 Galls, LLC Uniform-Plachta, flashlight-Bigam,shirt-Napolitano,Hecker $ 261.78 Grainger Cleaning supplies $ 18.46 Optimum Cable service 6/23-7/22/24 $ 284.12 Ready Refresh Water cooler rental 5/19-6/18/24 $ 195.96 Target Solutions Learning Renewal of Online Training Program 4/30/24-4/29/2025 $ 2,017.70 Town of Mam'k PFFA Life Insurance-April-June 2024- Firefighters 613.08 UniFirst Corporation Cleaning/bathroom supplies- 6/14, 6/21/24 697.50 United Overhead Door Corp Garage door repair 442.43 S.G. Fire Protection Kitchen hood cleaning 475.00 Verizon Fire HQ service 6/10-7/9/24 291.83 Verizon Fire Dept. Redundant circuit 6/25/24 289.99 Verizon Fire Dept. Redundant circuit 5/25/24 289.99 WJWW 205 Weaver ST charges 5/27-6/25/24 248.40 Total $ 7,595.75 Page 71 of 170 .17 `" 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Proposed 2024 Water Rate Increase Date: July 17, 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 72 of 170 4 Town of Mamaroneck Comptroller, Town Center • F€7UMDEa 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: July 17, 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 73 of 170 average household annual water bill from $1,361 to $1,633 or an increase of approximately $272 annually. 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M tf# H# VI tR ti# Hi y0 aDinaas i.gaa )3 sasuadx3 MMIM co M O — — O O O O z) O O a) O O r O O ' , L) L) (13 ct O U •� C. M-+ cA C , O 0M O `� 1 1-4 M ff} f09 Ai ,-1 0 0 —1 E Ci) # 4 rO O '5 ' N .?.. c.iCI')T5 �ct (I) 7r N M O `O � 6g �} c •r-4 OO O O I) N CA CA O O O O - - U 0 °° 0 ' v � o • CUH ' � M11 s o - - l' C/D CA 4, H 00 Oki.) N N .17 13) 2. Lu. `" irri Town of Mamaroneck n Town Center FOUNDED 11561 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: 2024 Capital Budget Amendments Date: July 17, 2024 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding the 2024 Capital Budget Amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 83 of 170 mTown of Mamaroneck Comptroller, Town Center F€7UMDEa 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: July 17, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2024 budget amendments are recommended for approval. 1- Town Center Parking Lot(H1648) The repaving of the parking lot project that was completed several years ago has a remaining balance. A budget amendment is recommended below to return the balance to the General Fund. 2- Hillside Bridge (H5163) The renovation to the Hillside Ave Bridge has a remaining balance. A budget amendment is recommended below to transfer those funds to the Waverly Ave bridge project that is in progress. 3. Virtual Reality Training System (H31103) The Town has been awarded a grant from the State Law Enforcement Technology (LETECH) Program for the purchase and implementation of an innovative interactive simulation training solution for the Police Department. A budget amendment is recommended below to establish a capital project for the purchase. 4. Roundabout (H5198) The Town has been awarded a U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2024 Economic Development Initiative (EDI) - Community Project Funding (CPF) grant for the roundabout project. This is partial funding for the project. Additional grant applications have been submitted to complete the funding needed. A budget amendment is recommended below to establish the capital project. 5. Parks Building- Sign Shop (H5191) The bid to reconstruct a new building in Memorial Park for the sign shop and parks equipment must be rebid to comply with Wicks Law that is required for projects that cost over $1.5m. The project will be redesigned to incorporate measures for cost savings and to address the requirements of Wicks Page 84 of 170 Law. A bond will be issued to complete the funding needed based on the lowest estimate for the project. A budget amendment to reflect the additional amount needed to bond is recommended below. 6. Sr Center Renovation (H6758) The Town has been awarded NYSERDA grant funding of $100,000 under the Clean Energy Communities Program to reduce greenhouse emissions and contribute to New York clean energy goals. The funding is to be used for building heat pump upgrades as part of the renovation plan at the Town's Senior Center. A budget amendment is recommended to add the funding to the project. 7. Drainage Study (H5135) The Town has been awarded a Federal Emergency Management Agency (FEMA) grant that will be administered by the New York State Division of Homeland Security & Emergency Services (NYSDHSES) to conduct a comprehensive storm sewer evaluation for drainage infrastructure as a pre-disaster mitigation effort. A budget amendment is recommended to add the funding to the existing project. 8. Long Island Sound Resilience Planning Support Program Study (B8030-4902) The Town has been awarded a federal U.S. EPA grant through the Long Island Sound Study (LISS) and administered through New York Sea Grant (NYSG) and Connecticut Sea Grant (CTSG). The grant will fund a climate vulnerability assessment for three key municipally owned properties on Hommocks Road, Boston Post Road, and Pryer Manor Road. The study will provide current conditions, potential climate impacts, identify flood mitigation strategies, and develop conceptual designs for priority projects. The Town will not administer this grant but is the beneficiary. As such the Town will record the grant and the expenses as the project progresses. a budget amendment is recommended to record the project. 9. Colonial Avenue Sidewalk(H5199) The Town has been awarded a Transportation Alternatives Program (TAP) grant for projects that promote alternative, environmentally friendly modes of travel, such as walking, biking or riding mass transit. Federal Highway Administration's Transportation Alternatives Program (TAP) are being administered by the New York State Department of Transportation. Funding of $1,224,480 has been awarded for the improvement to Colonial Avenue to provide a safe route for elementary school children and parents. A budget amendment to establish the project budget is recommended below. 10. Curb Improvements (H5173) The bid for curb improvements included a couple of crosswalks that were not contemplated in the curb improvement capital budget item. The capital project budget requires additional funding to fund the bid. A budget recommendation to transfer funds from the Highway fund balance is recommended below. Attachment/s: 2024 CAPITAL BUDGET AMENDMENTS - July 17, 2024 Page 85 of 170 2024 CAPITAL BUDGET AMENDMENTS CAPITAL FUND (FUND H): Amount 1 Expense H1648-0400 TC Parking Lot improvements Decrease (18,233.01) Expense H1648-9901 Transfer to General Fund (H1648) Increase 18,233.01 2 Expense H5163-0400 Hillside Ave Bridge Decrease (20,224.47) Revenue H5163-5995 Appropriated FB Decrease (20,224.47) Expense H5162-0400 Waverly Ave Bridge Increase 20,224.47 Revenue H5162-5995 Appropriated FB Increase 20,224.47 3 Expense H31103-0400 Police Virtual Reality Training System Increase 75,000.00 Revenue H31103-3397 State Aid- Public Safety Increase 75,000.00 4 Expense H5198-0400 Roundabout Increase 2,000,000.00 Revenue H5198-4997 Federal Funds Increase 2,000,000.00 5 Expense H5191-0400 Sign Shop Increase 1,050,000.00 Expense H5191-4022 Bond Costs Increase 15,000.00 Revenue H5191-5710 Bond Revenue Increase 1,065,000.00 6 Expense H6758-0400 Sr Center Renovation- Heat Pump Syste Increase 100,000.00 Revenue H6758-3097 NYSERDA Grant- Sr Center Heat Pump Increase 100,000.00 7 Expense H5135-0400 Drainage Study- BRIC Increase 225,000.00 Revenue H5135-4988 FEMA- BRIC Grant Increase 225,000.00 9 Revenue H5199-4597 Federal Grant- Sidewalks Increase 1,224,480.00 Expense H5199-0400 Colonial Avenue Sidewalks Increase 1,224,480.00 Page 86 of 170 CAPITAL FUND (FUND H) Amount 10 Expense H5173-0400 Curb Improvements Increase 91,800.00 Revenue H5173-5033 Transfer from Highway Increase 91,800.00 GENERAL FUND (FUND A) 1 Revenue A9900-5040 Transfer from H (H1648) Increase 18,233.01 Revenue A9999-5995 Appropriated Fund Balance (H1648) Decrease (18,233.01) PART TOWN FUND (FUND B) 8 Revenue B8030-4902 Federal Aid- EPA-Study Grant Increase 74,000.00 Expense B8030-4035 Consultant Services- Drainage study Increase 74,000.00 HIGHWAY FUND (FUND DB) 10 Expense DB9900-9950 Transfer to H (H5173) Increase 91,800.00 Revenue DB9999-5995 Appropriated Fund Balance (H5173) Increase 91,800.00 Page 87 of 170 .17 L ` i Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: 2025 Budget Calendar Date: July 17, 2024 Attached is the 2025 Budget Calendar for review and approval. Action Requested: Resolved that the Town Board hereby approves the 2025 Budget Calendar. Attachment/s: 2025 Budget Calendar-DRAFT Page 88 of 170 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 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 Tuesday, October 22, 2024 Departmental Budget Review Wednesday, October 23, 2024 Departmental Budget Review Thursday, October 24, 2024 Departmental Budget Review Monday, November 4, 2024 Budget Review (if necessary) 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 89 of 170 .17 `" 1 rri Town of Mamaroneck n Town Center FOUNDED 11561 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Award of Bid- TA-24-03 Resurfacing of Various Roads Date: July 17, 2024 Attached please find a memo from Robert Wasp, Town Engineer, requesting consideration of award of bid TA-24-03 Resurfacing of Various Roads. Action Requested: Resolved that the Town Board hereby awards the bid for TA-24-03 Resurfacing of Various Roads, received and opened on July 3, 2024, including the Add Alternate 1 to Laura Li Industries in the total contract amount of$1,397,920 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 90 of 170 4 Town of Mamaroneck Comptroller, Town Center F€7UMDEa 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: July 17, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid - TA-24-03 Resurfacing of Various Roads General: Bid procurement was recently completed for the Town's 2024 road resurfacing contract. The project scope consists of pavement resurfacing and related work on various streets throughout the Town, including Vine Place, Glenn Eagles Dr, Glen Eagles Dr S, Vine Rd, Villa Rd, Knollwood Dr, Locust Ridge Rd, Campbell Ln, Villa Ln, Boulder Ln, Edgemont Rd,Nancy Ln, Coventry Ct, Rocky Hollow Dr, and Myrtle Blvd. On July 3rd, 2024, five (5) bid proposals were received as summarized on the attached bid tabulation table. The apparent low bidder is "Laura Li Industries" at the submitted base bid price of $1,141,330.00 for the full project scope. Add Alternate No. 1 was included on the bid form for the addition of resurfacing work on Glenn Rd, E. Valley Stream Rd, Bryson St, Sackett Dr, and Althea Ln. The additional bid cost for inclusion of Alternate No. 1 amounts to $256,590 added to the base bid price. It should be noted that resurfacing work planned on East Valley Stream Road will be delayed to occur following the conclusion of the Town's bridge replacement project and subsequent gas main replacement by ConEdison scheduled for later this summer. Laura Li Industries was contracted with the Town under the last two previous year's road resurfacing contracts. Work completed by the contractor was of satisfactory quality and conducted in a professional manner. No errors or omissions that could potentially impact the viability of their bid price have been identified at this time. Budget for pavement resurfacing was planned as part of the 2024 adopted budget ( H5104). The base bid amount, with inclusion of Add Alternate No. 1 is fully contained within this year's available budget. The Engineering Department recommends authorization of contract award with Alternate No.1 included to Laura Li Industries in the total contract amount of$1,397,920.00. Please feel free to contact me with any questions. Page 91 of 170 Attachment/s: Tabulation TA-24-13 Page 92 of 170 ) ) \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ H . \ / } ) 3 = J & _ _ _ ® ~ ` F. ) ` 3 Lei Z ) , CC } / } :sr )72 , ,k ` , : : , , , , z. I// / ! \ ( \ f .45) \ 5 } ; ; \ \ , z so , z O. - , , , } ; z , z -vl } \ §o\ s74 Z \ / , , , , : : , , z ;\ / \/ \ \\\ )\ 4 ( \.\ / ; / } \. _, \ \ \\ \ \ \ \§ \\ \ \ / _ - _ a/ ) \\#$ p % - ° ` \ ) _ — ƒ: ) , \ /: E } : : _ /\\, ! _fm a - § - 3I f « - \_ ` : - \ -�) _, _ - _ ° k ! a E. z z / - z )/3 \ \ }/ z `: } / z a \ a / j \ \\ a \: f : Page.- 3 of 170 `" 1 rri Town of Mamaroneck n 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: Robert P. Wasp, Town Engineer Re: Rejection of Bid - TA-24-10 — Reconstruction of Municipal Sidewalks & Curbing Date: July 17, 2024 Attached please find a memo from Rob Wasp recommending rejection of the sidewalk and curbing bid. The bid prices came in significantly above our budget estimate so our intent would be to revise the scope of the bid and re-bid it immediately. Action Requested: Resolved that the Town Board hereby rejects bid TA-24-10 - Reconstruction of Municipal Sidewalks & Curbing due to the significant cost above budget. Page 94 of 170 4 Town of Mamaroneck Engineering Department, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: July 17, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Rejection of Bid - TA-24-10—Reconstruction of Municipal Sidewalks & Curbing General: Bid procurement was recently completed for the Town's 2024 reconstruction of sidewalk and curbing contract. The project scope consists of sidewalk and curbing replacement along Howell Avenue. Pedestrian crosswalk improvements at four (4) separate locations were also included in this contract. The four crosswalk work locations are: 1) New Jefferson St X N. Chatsworth Ave; 2) N. Chatsworth Ave X Edgewood Avenue; 3) Colonial Avenue X Daymon Terrace; and 4) Daymon Terrace X Forest Avenue. On June 21 st, 2024, five (5) bid proposals were received as summarized on the attached bid tabulation table. The apparent low bidder is "Cornerstone Restoration Group" at the submitted total price of$364,075.00 for the full project scope. Budget for the reconstruction of sidewalk and curbing contract was planned as part of capital project H173 in the amount of$290,000.00. It can be noted that the capital project did not include the planned crosswalk improvements at Colonial Avenue X Daymon Terrace; and Daymon Terrace X Forest Avenue at the time of the approval for the Town Budget. These locations were added following the review of concerns raised by the community that were reflected in the recommendation for inclusion received from the Town Traffic Committee to the Town Board. The Engineering Department recommends that the submitted bid proposals should be rejected, with intention to rebid the project for consideration of results at the August Town Board meeting. The revised bid advertisement will include adjustment to the project's scope of work to better accommodate the available capital budget. Please feel free to contact me with any questions. Attachment/s: Page 95 of 170 Final Bid Tabulation TA-24-10 Page 96 of 170 ! : Lc 7 cc o \� 0 , , \ , , - ; \ cc", , , , ° { ; ` 7 O 2 , , CC } \ \ o cc } : = - - z ; , : , , . , , , _ : : 14. § / ` z cc 1 \ w \ \ \ \_ \ _ _ e \ \ ; - , _ _ , , S } \ } \ -c ° 2 : _ , , } \ \ \ - % {/ } / \ \ _ ) § _ - [ / Qo \ ) 9 2▪ - - _ : \ ® P. § \\ - 78 3 \{) - \\ § S. ▪ \ % 7 \ . ® � ) # , \ : ; } E ƒ 4 _ \\ \ - - \_ \\ [ }{ = \ , e , ! _ : : 0 \A )~ ) , ogyONECK . \ / __ 2 $ // ; 4101 { J ) — \� \ \ \ \ \ - ! \ Pa e/7 7 170 _ / 2 = 2 ) } \ / / / 47 Lu. " 1 i Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Rejection of Bid- TA-24-11 Senior Center Renovations Date: July 17, 2024 As you can see by the information in Rob's memo, the Senior Center Renovation bid came in significantly higher than our budget estimate. It appears that one of the main reasons for such a sharp price increase is a result of the current work commitments of potential bidders. We are recommending bid rejection now and will rebid sometime later in the Fall in the hopes of receiving more favorable bids. Action Requested: Resolved that the Town Board hereby rejects bid TA-24-11 Senior Center Renovations due to the significant cost above budget. Page 98 of 170 mTown of Mamaroneck Comptroller, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: July 17, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Rejection of Bid- TA-24-11 Senior Center Renovations General: Bid procurement was recently completed for the Town Senior Center Renovations project. The project scope consists of various interior and exterior renovations in the Center's Activity Room, Foyer, and Front Porch. New heating, ventilation and air conditioning (HVAC) and energy efficiency upgrades comprise a portion of the interior renovation scope of work. Necessary work for asbestos material mitigation was also added to the project due to recently completed material testing results. On July 2nd, 2024, one (1) bid proposal was received as summarized on the attached bid tabulation table. The sole proposal was provided from "AFL General Construction, Inc." at the submitted base bid price of $1,141,400.00. The bid proposal received was significantly greater than the allocated budget available in the capital project. The most recent construction cost estimate prepared by the Town's consultant team had established the expected construction budget at $664,900.00 with contingency included. A detailed schedule of values was submitted with the bidder's proposal for review by the Engineering Department. The most substantial deviations in anticipated costs were observed in scope of work items for HVAC and electrical components. Several contractors have shared their decision not to submit proposals for this project was based upon their committed workload for the remainder of 2024. The Engineering Department recommends that the submitted bid proposal should be rejected with intention to rebid the project in Fall 2024 when the market conditions are more favorable to receive competitive bid proposals. Please feel free to contact me with any questions. Attachment/s: Tabulation TA-24-11 Page 99 of 170 / § % } \ / o } c \ / \ - \ - m \ ® ) ƒ \ \ / z \ � w : .gm m e > 7 % } 0 / a ( / ~ \ Lu$ ° • \ / % f2 / u = / § CC \ • E 2 \ / i j % e y / / / 2 7 ` r f / 2 : 2 \ \ G / \ \ E / \ \ \ ) \ \ a > ® « > / \ { } { \ ) \ 2 \ + \ / E ) WTI j / \ \ \ \ ƒ - ) u : / _^` F ƒ \ ' / c / P ) . g 111 �k !) \ \ / ( \ \ = 4 / \ -- Page 100 of 170 .17 Lu. `" irri Town of Mamaroneck n 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: William Maker Jr., Town Attorney Re: Proposed Local Law Prohibiting Parking of Mobile Homes and Trailers on Public Streets Date: July 17, 2024 Attached is a memo from Town Attorney, Bill Maker, regarding a proposed local law that would prohibit parking of mobile homes and trailers on public streets. Should the Board wish to set a public hearing for the proposed law, I recommend the following resolution: Action Requested: Resolved that the Town Board does hereby set the date for a Public Hearing on the "Prohibition of Parking of Trailers and Mobile Homes on Public Streets" law for August 14, 2024. Attachment's: 2024-7-05-mx-TB- REVISED 7 12 Page 101 of 170 o ( • . o Town of Mamaroneck Wr County of Westchester .FOUNDeD 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914 / 381-7815 FAX: 914 / 381-7809 W Mak erJ r@TownofM amaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson, Town Administrator From: William Maker,Jr.,Attorney for the Town Subject: Proposed local law prohibiting parking of mobile homes and trailers on public streets Date: July 5, 2024 As a result of complaints regarding the parking of trailers on Town streets,I was asked to draft the attached local law which if enacted,would ban parking of trailers and mobile homes on Town streets. The Board will recall that at the June 26th meeting, a resident attending the public hearing regarding overnight parking on Parkland Avenue and Edgewater Place expressed dissatisfaction with the on-street parking of a trailer in that neighborhood. If the Town Board considers the matter worthy of public discussion, it can set a public hearing where the adoption of this law would be the topic. ,,,k. Page 102 of 170 .17 " 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Proposed Part-time Salary Increase for EMTs and Paramedics Date: July 17, 2024 Attached is a memo from the Ambulance District Administrator, Mike Liverzani, requesting that the Town Board consider increasing the part-time salary rates for EMTs and paramedics by $4 per hour. The Ambulance District is experiencing an unprecedented number of vacant shifts for the July— October 2024 schedule. If approved by the Board, this would increase the Town's salary expenses by approximately $45,000. Action Requested: Resolved that the Town Board hereby approves the amendment to the Part-time, Seasonal and Part-time Availability Salary Schedule for 2024, to raise the EMT hourly rate to $27.81 per hour and the paramedic rate to $43.55 per hour, effective July 21, 2024. Attachment/s: 2024 raise request 7.9.24 V2 Page 103 of 170 �..F •9�i o 0 Town of Mamaroneck w 4 m Town Center , 7 740 West Boston Post Road,Mamaroneck,NY 10543-3353 FOUNDED 1661 AMBULANCE DISTRICT TEL: 914/381-7838 FAX: 914/381-2010 mliverzani@townofmamaroneckny.org To: Meredith Robson Date: July 9, 2024 From: Michael Liverzani Re: EMT and Paramedic Coverage Meredith, In our upcoming Paramedic schedule that runs 7/21/24 — 10/12/24, we have 63 shifts we are unable to fill. I have never experienced this many open shifts since the beginning of the Ambulance District in 1994. It is becoming exceedingly difficult to hire and retain EMTs and Paramedics due to a limited number of medics in our area. In addition, many of the local EMS services have switched to full-time positions on top of increased salaries. This makes our system much less attractive to the limited people available. I request we immediately increase salaries across the board by $4/hour. This would bring Paramedics to $43.55 and EMTs to $27.81. Our current rate is $23.81for EMTs and $39.55 for Paramedics. Keep in mind we pay no benefits and have only per-diem employees, while the other agencies in our area pay benefits including 401k matches. As far as budget impact, it would increase our salary expenses approximately $45,000 for the remainder of the FY 2024. Our revenue has exceeded the budget this year so our overall budget performance would still be net revenue. If we fail to fill these shifts and are unable to deliver paramedic service, I will project revenue to fall because we charge more for Paramedic calls. Therefore, to maintain our legal obligation to provide paramedic services and keep up our very healthy revenue, I implore you to seriously consider this immediate raise that is within the Town's Part Time Employees Salary Schedule. Page 104 of 170 47 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Housing Authority- Lease Amendment and Resolution Date: July 17, 2024 Attached please find a resolution from the Town of Mamaroneck Housing Authority approving the lease agreement discussed at the June 26, 2024 Town Board meeting. Also included is the revised resolution from the Housing Authority meeting of July 8, 2024. Attachment/s: Lease Amendment Resolution 7.8.24 Housing Authority - Lease Amendment and Resolution Page 105 of 170 EXTRACT OF THE MINUTES OF THE MEETING OF THE MAMARONECK HOUSING AUTHORITY HELD JULY 8,2024 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. Resolved,that the Town of Mamaroneck Housing Authority Board hereby approves the lease amendment with the Town of Mamaroneck and hereby authorizes the Chairman of the Board to execute it and any document relating to the agreement for implementation. The above resolution was approved on motion from Ms.Christie Philbrick-Wheaton and seconded by Mr.Lawrence Thaul. 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 July 8,2024. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Corporate Seal of said the Mamaroneck Housing Authority,this 10th day of July,2024. /ke7N- Margaret elohery,Secretary the Mamaroneck Housing Authority Page 106 of 170 .17 1 rri Town of Mamaroneck n Town Center FOUNDED 11561 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 107 of 170 o � ° 0 Town of Mamaroneck 2 County of Westchester 740 West Boston Post Road, Mamaroneck, NY 10543-3353 • FOU'.DED1661. COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 w m a ker®tow nofmam a roneck.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) Co Printed Ln Recycled Paper Page 108 of 170 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 109 of 170 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 110 of 170 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 111 of 170 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 112 of 170 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 113 of 170 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 114 of 170 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 115 of 170 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 116 of 170 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 117 of 170 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 118 of 170 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 119 of 170 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 120 of 1711 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 121 of 171 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 f housing on an ongoing basis. In order to keep rents at affordable levels, the Tenant must be confident that an applicant will be able to pay the rent on a timely basis. Therefore, in addition to income, the Tenant shall consider the applicant's creditworthiness. To do so,the applicant shall deliver to the Tenant or its designee a signed release or similar instrument that will allow the Tenant or its designee to confirm the accuracy of the information submitted and to obtain a credit report of the applicant. Notwithstanding, Subtenant's income eligibility alone does not automatically entitle subtenant to a lease as there may be other factor(s)that would otherwise disqualify a subtenant from being offered same and Tenant may,at its discretion,decline to offer a lease based on these other factor(s)so long as such decision does not violate applicable relevant State and or Federal law(s),regulation(s)and/or policy,etc. Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended by deleting from subsection B thereof the words: "and will use a lottery system to determine the order in which it will review applications within each Tiers(sic)." No change is made to the remaining portion of subsection B which shall remain in full force and effect. Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9,2015 is deleted and the following substituted in its place: IV.Renewal Policy 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 122 of 1711 designee as beingno more than eighty 80So g g y( )percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. C. Subtenant whose lease expires in 2025 and whose household income is more than 80%of Median Gross Income but not greater than 90%of Median Gross Income A subtenant whose lease term expires during 2025 who is not in violation of the existing lease and whose household income is recertified by the Tenant or its designee as being more than 80% of median gross income but not greater than 90% of median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household shall be allowed to renew the lease for a one-year period at a rent equal to thirty(30%)percent of the household income. D. Subtenant whose lease expires in 2025 and whose household income is greater than 90%of Median Gross Income A subtenant whose lease term expires in 2025 shall NOT be allowed to renew the lease IF the household income is recertified by the Tenant or its designee as being greater than ninety(90%)percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household at such rent as the Tenant determines;provided the law allows the Tenant to charge rent of that amount. E. Subtenant whose lease expires in 2026 or in a later year A subtenant whose lease term expires during 2026 or during any later year and who is not in violation of the then existing lease shall be allowed to renew the lease for a one- i year period at a rent equal to the amount set by the Town of Mamaroneck Housing Authority Board for the year of the renewal only if the household income is recertified by the Tenant or its designee as being no more than eighty(80%)percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. For 2026 and beyond, the TMHA will not issue a lease renewal for any tenant whose household income is more than 80%of Median Gross Income but not greater than 90%of Median Gross Income F. Recertification (a)The TMHA will each year issue to eligible subtenants a proposed renewal lease. The timing for the issuance of renewal leases will be in accordance with New York State law 4 Page 123 of 17s 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— I 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 1 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 124 of 171 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. Margaret%>Deiohery,Secretary o the Mamaroneck Housing Authority 6 Page 125 of 170 .17 `" 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: William Maker Jr., Town Attorney Re: Update of the Procedures for Site Plan Review of Non-Residential Development Date: July 17, 2024 As the Board may recall, Town Law §274-a (8) had to be superseded before the revision to the site plan law could become effective. Now that the supersession process has been completed, the "Update of the Procedures for Site Plan Review of Non-Residential Development" Law can now be acted upon if you so choose. Action Requested: Resolved that the Town Board hereby approves the attached "Update of the Procedures for Site Plan Review of Non-Residential Development" law. Attachment's: LL No Page 126 of 170 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 Towri 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 127 of 170 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 128 of 170 (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 129 of 170 (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 130 of 170 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 131 of 170 (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 132 of 170 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 133 of 170 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 134 of 170 3 LLe " i Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Allison May, Town Clerk Re: Reports of Minutes for October 18, 2023, June 18, 2024, and June 26, 2024. Date: July 17, 2024 These minutes are ready for posting. Action Requested: Resolved that the Town Board hereby approves the minutes of the meetings of October 18, 2023, June 18, 2024, and June 26, 2024. Page 135 of 170 49 .53 mTown of Mamaroneck Town Clerk, Town Center F€7UNDEa i MI 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: July 17, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Marc RomeroAssistant to the Town Administrator Subject: Reports of Minutes for October 18, 2023, June 18, 2024, and June 26, 2024. General: Minutes of the meetings of October 18, 2023, June 18, 2024, and June 26, 2024. Attachment/s: 2023-10-18 Final Minutes 2024-06-18 Final Minutes 2024-06-26 Final Minutes Page 136 of 170 Town of Mamaroneck � Town Board Minutes . Wednesday, October 18, 2023, Courtroom, Second Floor of rrr Town Center 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilman King, seconded by Councilwoman Katz, the meeting unanimously opened at 5:08pm. WORK SESSION ITEMS 1. Request for Executive Session Moved by Councilwoman Fiddelman,seconded by Councilwoman Katz, the Town Board entered into Executive Session to discuss pending litigation including Westchester Joint Water Works and Save the Sound, as well as the proposed acquisition or sale of property. Carried Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the Town Board unanimously agreed to resume the Work Session. Carried 2. Discussion -Street Banner Honoring Local Veterans The Board considered an opportunity presented to Town Supervisor Elkind Eney to honor Town of Mamaroneck veterans using banners. Neighboring municipalities honor their local veterans by placing pictures of them on banners on their streetlight posts. The banners would be purchased by the families of the veterans, so would be of no cost to the Town. The Town Board requested that the Town Supervisor provide more information on timing of the banners, as well as funding support for families that cannot afford a banner on their own. Page 137 of 170 Town Board October 18, 2023 3. Discussion -Property Tax Levy in Excess of the Limit Established in General Municipal Law The Town Administrator explained that the Town Board passes a similar local law every year,which allows the Town the flexibility to go above the New York State mandated tax cap of three percent. The Administrator added that passing this local law does not mean that the Town will budget above the tax cap, it simply gives the Town the flexibility if it chooses to do so. 4. Discussion -Stormwater Study Intermunicipal Agreement(IMA) The Town Supervisor presented the Town Board with the IMA with Westchester County to conduct the comprehensive stormwater study in the Town. The IMA is retroactive to January 1, 2023, and continues through December 31, 2024. The Supervisor noted that the Town must sign this IMA in order to get funding, as there is no flexibility in the agreement. 5. Updates The Board discussed the Waverly Avenue Bridge project, including the Town Supervisor preparing a robocall regarding the project starting to go out this Friday. Councilman King addressed the rates for Hommocks Ice Rink rentals. Councilman King pointed out that at Freestyle Sessions, which offer rental time for figure skating practice with a coach, attendance has been steadily dropping. These sessions are not as popular as other ice-time rentals and are losing money. The Recreation Commission is considering whether or not to maintain the Freestyle Sessions at two days a week. The Board agreed that the Recreation Commission should look at cutting them back. Councilwoman Nichinsky shared that the Housing Authority would like to take the Town Board on a tour of the renovated Hommocks Park Apartments. The Board was interested and said they would not speak during the tour, so the tour need not be noticed as a meeting of the Town Board. The Board asked about the development of the Town's Police Dashboard. Administrator Robson said the Police Department is finalizing the items on the dashboard. The Town Administrator has requested that the Police Department present the Dashboard to the Town Board at a meeting in early 2024. Councilwoman Katz updated the Town Board on the Traffic Committee,which had recently reviewed the speed hump policies of surrounding municipalities. Captain Maher has a list of specific criteria, including speed and several other factors, that neighboring municipalities are using to evaluate whether or not a specific street should have a speed hump. In addition, Councilwoman Katz recommended the Town address resident-only parking on Plymouth and Winthrop. Councilman King requested verification on the requirements for speed cameras, wondering if they are only allowed in cities?The Town Administrator agreed to look into speed camera requirements for municipalities. Councilwoman Fiddelman and Councilman King again requested that the Town look into Recreation Scholarships. There was discussion about reaching out to a community partner to be 'Friends of the Hommocks' or such,which is one way that many other municipalities offer scholarships. The Town Supervisor updated the Board on Town Engineer Robert Wasp getting a quote for the next step for the Hommocks Fields/Fields for Kids project. Page 138 of 170 Town Board October 18, 2023 6. Discussion -Tree Law The Town Board agreed to have a meeting on the proposed Tree Law after their Budget Meeting on October 24, 2023, at 5:45pm, to further address the proposed Tree Law. Councilwoman Nichinsky and Councilwoman Fiddelman reviewed their suggestions on the proposed Tree Law, which they had emailed into the Town Supervisor. See Attachment A. 7. Additions to Regular Meeting Agenda There were no additions to the Regular Meeting. 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35)or on LMCMedia.org CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:02 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. STAFF COMMENTS/PRESENTATIONS 1. Proposed 2023 Water Rate Increase Mr. David Birdsall, Business Director of Westchester Joint Water Works (WJWW), presented the attached titled 'Town of Mamaroneck Water Rate'. Mr. Birdsall included a review of the history of Rye Lake,which he said had been out of compliance with EPA water treatment rules since 1990. Mr. Birdsall then reviewed the history of the water filtration plant, the need for WJWW to address the byproducts in the water supply, and their income distribution projection. Mr. Birdsall then spoke about WJWW's increasing debt service, difficulties in the supply chain, the increase in New York City water rates, and the potential settlement of compliance issues with both the federal and state government. In order to close the budget gap, Mr. Birdsall said, WJWW is asking for a 25%water rate increase in the Town of Mamaroneck,which equals an increase of approximately$272.27 per year for the average household. See Attachment B. Mr. Luke Brussel, an audience member, asked a question after Mr. Birdsall spoke. Mr. Brussel suggested if there is a million dollar-plus distribution to the Town of Mamaroneck, rather than increasing the rate to the consumer,why not just reduce the revenue for the Town? Mr. Birdsall answered that if WJWW did not provide the revenue to the Town, then the Town would have to cover the cost of the water service through our General Fund. The way it is set up now, residents pay for the water that they use, rather than having everyone assessed the same cost through their taxes. This way, people that use more water, pay more, and those that use less water, pay less. Town Comptroller Yogman added that WJWW cannot issue debt, the Town issues debt and then the Town water fund receives money netted in revenue from WJWW to pay the debt service within that fund for the Town's water projects. Lastly, Mr. Birdsall introduced Mr. Frank Arcara, General Superintendent of WJWW, and stated that Mr. Paul Kutzy, Manager and CEO of WJWW, could not attend because of a family emergency. Page 139 of 170 Town Board October 18, 2023 2. Presentation of the 2024 Tentative Budget Town Administrator Meredith Robson and Town Comptroller Tracy Yogman presented an overview of the Town of Mamaroneck 2024 Tentative Budget. Supervisor Elkind Eney noted that this is the first iteration of the budget, and the first step in a collaborative effort with Department Heads and the Town Board to arrive at the final budget. The Town Administrator began with two significant operational changes affecting the tentative Town Budget in 2024. In 2024, the Town has two major operational changes. First is the Housing Assistance Fund, valued at$7.7 million. This was our Section 8 Program which was transferred to New York State in 2023,which then transferred it to a nonprofit entity to administer for both our residents and those in the Village of Mamaroneck. It is a big number, but the expenditures and revenues cancel each other out. The other significant change is with the Board of Control that used to administer the Town's cable franchise fees and peg money. There is no longer a Board of Control as there is no longer a joint agreement with the two villages. The Town will receive the franchise fees directly from the two cable companies.With the franchise fees, the Town is now netting $125,000 into our General Revenue fund, which we will use to support the LMC Media program. Administrator Robson continued, Total Expenses budgeted equal $53 million, which is a decrease of$6.4 million verses 2023. The decrease in Housing Assistance of$7.7 million again plays a factor here, as does a decrease of$1.9 million in capital project funding. Contractually obligated compensation increases, as well as New York State mandated increases in Health Insurance and Retirement benefits, debt service, and other increases drove Operating Expenses up$3.1 million. Administrator Robson highlighted the 2024 budget risks which include uncertainty over market forces, sales tax, and mortgage tax. The Administrator noted that housing sales have continued to slow,with mortgage tax actuals for the past three months down forty-five percent. The 2024 budget revenue has been reduced by$400,000, which is equal to the estimated 2023 budget shortfall. Comptroller Yogman then provided a breakdown of the 2024 tentative budget, noting the largest changes in revenue and expenses. Administrator Robson wrapped up by highlighting several budget investments planned for 2024, noting how critical it is to maintain our capital infrastructure in the Town. The Town Administrator then highlighted the changes in revenue in the budget, including the Housing Assistance Program again (decrease of$7.7 million); Appropriated Fund Balance (down $2.1 million); Investment Earnings are bouncing back, and we are estimating they will be up$1.2 million next year; there is a Tax Levy increase of$1.8 million estimated; and a Water Revenue increase of$.5 million. The Administrator pointed out that we are still expecting a shortfall in Mortgage Tax in 2023, so 2024 is reduced accordingly. Sales Tax is estimated to remain the same. There is so much fluctuation in pricing right now, so our estimated costs have changed by the time we finance and start a project. These costs can be significantly different than planned. The Town Administrator confirmed that the Town does everything we possibly can to address the fluctuation in pricing, but this remains the biggest budget concern financially that the Town is currently facing. The Comptroller then highlighted the largest changes in Budget revenues and expenses, compared to 2023 by category. The Administrator added that our policy is to use the fund balance for one-time capital projects-- not for operating expenses. The Comptroller estimated that the fund balance at the start of 2024 will be$16.35 million and $13.1 million at the end of 2024.At the end of 2024, we are projected to be at 25% of the operating expenses of the Town, ensuring the Town remains compliant with the Town's fund balance goal of between 15 and 25%. The Town Supervisor added that our fund balance is not only critical to our operations but also to Page 140 of 170 Town Board October 18, 2023 our AAA Moody's credit rating. That way, the Supervisor noted, when the Town must borrow money, the Town can do so at the best rate possible. The Comptroller continued, explaining that the Town tries to balance the impact on the taxpayer and the impact on the fund balance and the impact on the expenses that we have. Right now, it is very difficult as prices change almost daily, so we do our very best. The Comptroller continued by explaining that the tax levy is the amount of money that we need to raise to balance our budget and our expenses. This year we need $31.956 million, which is a $1.776 million increase over 2023. That equates to a 5.88%tax increase. The New York State tax cap is 3%, but that is difficult to achieve when you have the state mandated expense increases that our Town has. The tax rate is a function of taking the tax levy and dividing it by the total amount of the assessed values in Town. The assessed values in the Town increased 1.91%and the average value of a home increased from $1.3 to$1.4 million. The 2024 proposed tax rate equals 5.48%which is down from 5.59% in 2023. This equates to about a$544 increase in taxes for the average$1.537 million-priced home in the Town. This is a plan, noted the Town Administrator, not a promise. The Administrator continued, stating that this 2024 budget provides for capital investments, critical to upgrade and maintain infrastructure and move the community forward. The Administrator then highlighted some of the Town's 2024 capital budget investments, including the Baldwin Avenue sump pump station, road resurfacing, vehicles/heavy equipment, the Town Center generator, technology investments, and water system/stormwater improvements. The Administrator finished by noting that the Town of Mamaroneck Preliminary Budget will be presented to the Town Board at their meeting on December 6th See Attachment C. Mr. Phil Greven asked the Town Comptroller for clarification on the chart titled '2024 Expense Budge Increase of$1.3 (Without Housing Assistance Transfer)'. Mr. Greven stated that it looked like the costs of staff and benefits are increasing enormously and the amount spent on capital projects is decreasing enormously, and he asked if that was correct. Comptroller Yogman stated that without the $7.7 million in Housing Assistance, the chart shows that salaries and benefits are going up$2 million and the amount we are spending from the Town's operating budget on capital projects is going down. The Town bonds for capital projects as well, the Comptroller noted, but that funding would not be reflected in these numbers. Administrator Robson added that in the five-year capital plan, you will see significant funding, which sometimes comes from grants but generally comes from bonding. PUBLIC HEARING(S) The following Notice of Public Hearing is entered into the record as follows: 1. Notice of Public Hearing -Town of Mamaroneck Tree Law The following notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING 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, October 4, 2023, at 8:00 PM or as soon thereafter as is possible, to consider the"Town of Mamaroneck Tree Law", at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Page 141 of 170 Town Board October 18, 2023 Purpose: The Town Board finds and declares that the preservation of trees, as defined herein, within the Town is necessary to protect the health, safety and general welfare of the Town because trees provide shade, impede soil erosion, aid water absorption and retention, inhibit excess runoff and flooding, enhance air quality, offer a natural barrier to noise, provide a natural habitat for wildlife, provide screening, enhance property values and add to the aesthetic quality of the community. However, the Town Board also recognizes that property owners have the right to develop, use and enjoy their properties and that sometimes trees must be removed in order for property owners to be able to achieve full enjoyment of their property. This law strikes a balance between the rights of property owners and the maintenance of trees within the Town. 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: September 27, 2023 Moved by Councilwoman Nichinsky,seconded by Councilwoman Fiddelman, the Public Hearing was unanimously reopened after being adjourned at the Town Board's October 4th meeting. Carried The Town Supervisor reminded everyone where we left off on the proposed Tree Law, with a review of the current Tree Law verses the current tree law. (For further details on the comparison, please see introduction in the October 4, 2023, minutes.) We're going to resume the public hearing on a proposed amendment to the Town Tree law. The current tree law applies to lots greater than 20,000 square feet, which is about twenty percent of all the lots in the Town. That is all it applies to. And it doesn't provide any limit on the number of trees that are taken down. The proposed law, when it is fully phased in, will apply to all lots in the town. The proposed law provides a limit on the number of trees that can be taken down in any two-year period. And, depending on the size of the lot, the proposed law requires that every tree taken down has replacement trees planted, again depending on the size, the bigger the tree and the more replacement trees taken down. Since the last public hearing, the Town has received numerous emails. We have now had a chance to review them, and we've discussed some of them.And now, some of you have sent multiple emails, so you know, you're well represented. Since the last hearing, we have received another sheaf of emails, and the emails are all over the place. There is a group who feel that this law is way too lenient, and it should be much stricter. And I think many of you are here tonight. And there is another group who feels that this proposed law is too stringent, and that they should be able to take down trees on their property, and they should not be required to get permits. So right now, everybody is mad at us--either because the law is too strict, or the law is too lenient. What we have tried to do here is to find a balance. Please do be assured,we did listen to all your comments. We have read the comments that came in. We just got another batch tonight, which we will also read. And so,we are not making any decision on the law, because we take very seriously listening to the resident comments that we get both at a public hearing and also by email. We are not doing this in a vacuum. So, the first thing I want to do is ask the Town Attorney Page 142 of 170 Town Board October 18, 2023 William Maker once again to fully describe the law. Last week, he was away with COVID, but now you are seeing him in person. Attorney Maker said I would characterize this particular law as a tree replacement law. Essentially it allows people to remove trees with certain limitations, numerical limitations, depending upon their lot size. But it also requires people who remove what are called regulated trees to replace those trees. And again, it is not always a one-to- one ratio. So, if you take down a larger tree, one that's over twelve inches in diameter, you will have to replace it with two trees. If it is eighteen inches, I believe it has to be replaced by three trees. There are stringent fines for violating the law. There is a requirement that all regulated trees that get removed be replaced. The environmental planner is charged with the responsibility of making sure that the replacement trees are planted, and that they survive for at least one year. Attorney Maker continued, there is also a period of time when a person cannot apply for a tree removal permit. A person cannot apply for another tree removal permit until one year after the anniversary of the planting of their replacement trees. The concept is that you cannot come in and, say you have a lot that you are limited to taking down six trees in a given year, you cannot take down the six trees allowed in year one and then come back the next year and get a permit to take down another five trees. One cannot cumulatively denude the property of trees. There are staggered periods of time where you cannot apply for the removal of trees. In addition,Attorney Maker explained, there are fines that would be assessed for people who violate this law. There is a tree fund for those situations where a piece of property may not be conducive to having new trees planted. This way money will be put aside to into a Town Tree Fund, which will be used by the Environmental Planner to plant trees elsewhere within the Town. Attorney Maker added, often tree removal will come up in the context of a residential site plan review. In that instance, a person would go to the Planning Board like they currently do to get a site plan review for, let's say, an extension to their home. The Planning Board customarily requires them to submit some kind of landscaping plan so they can judge the efficacy of what the people are proposing in that landscaping plan. Tree removal will be mandatorily included. There would be a section of the plan that would show an x, I am taking out these trees and I am replacing them with these. And each of the ones I am replacing them with, this is where they are going to go.And of course, the Planning Board in its judgment could alter the landscaping and planting plan and could suggest that instead of planting the trees in the northwest quadrant of the property, some should be planted in the southeastern quadrant of the property. That would be part of the overall planning review that the Planning Board would complete in response to any application. And of course, the site plan and tree removals would be subject to the same number of limitations. If you have a lot of a certain size, you can only remove a certain number of trees in a given year. So, before one goes before the Planning Board, they will need to review their application to ensure they are not removing more than the law would allow. Supervisor Elkind Eney thanked Attorney Maker and stated that this law is an attempt at a balance between those people that feel there should be no restriction on removing trees and those that feel the removal of trees should be highly restricted. Councilwoman Katz thanked everyone that had emailed, everyone that spoke at the last meeting, and everyone in attendance. Councilwoman Katz said that she understands the sentiment stated by many speakers: that trees are a shared resource and provide benefits outside of property boundaries. I think, Councilwoman Katz said, that everyone on the Board understands the importance of trees and we all believe climate change is real. (Hope you don't mind me saying that Councilwoman Katz said to the Board.)And we all also want to maintain or increase our tree canopy. The Town Supervisor has already explained some of the differences between what exists now and what we are proposing. I understand that some people feel this law is Page 143 of 170 Town Board October 18, 2023 too lenient. But this is like a huge change to what is allowed on private property. Councilwoman Katz continued, I think there are many residents who are going to be surprised by this law and disagree with the Town infringing on their rights to do what they want on their property. I compare these changes to our Zoning Code. One can build a zoning-compliant addition to their house without public notice or hearing. I think there is some amount of tree removal you should be allowed to do without your neighbor's approval or a public hearing. The Town Board has spent a lot of time working on this law. Despite what you might have heard, we have used a lot of input from the Sustainability Collaborative from the Town staff, which includes our Town Attorney, our Environmental Planner, and Highway Department,which includes a certified arborist. We have spent lots of hours reviewing other codes in municipalities, mainly in Westchester. And I view this as a very good first step. With the implementation of this law, we will have a mechanism to keep track of how many trees are being removed. And this will allow us to determine what, if any, changes to the law may be warranted. I do not think we are ever going to craft legislation that is going to make everyone happy. But I think this is an important law. And we should continue to move forward with this after we have had time to review all the feedback and the issues that you were just discussing. Thank you. Councilwoman Nichinsky stated, as she did at the last time, I'm going to defer my comments to the next session. I am here to listen to the people in the audience tonight. I do not want anyone to interpret that as I have nothing to say, I am just deferring. Councilwoman Fiddelman said that she had nothing to add at the moment. Councilwoman Fiddelman stated that she is really interested in hearing what people have to say. Supervisor Elkind Eney then reminded audience participants to sign in with Mark Romero. Supervisor Elkind Eney added to please wait to be called up to the podium and to keep their comments to three minutes. Supervisor Elkind Eney then asked those that spoke at the hearing on October 4th not to speak tonight. And we ask that everyone limit their comments to three minutes.Again, we have worked on this law for a long time. And we do recognize the importance of trees in our community. So please try to focus your comments on specifics about the proposed law that you agree or disagree with, rather than general comments about the importance of trees in the community. And also, if you agree with the previous speaker, and you do not feel you want to repeat what the previous speaker said, you can come up to the podium and just say, "I agree with the previous speaker"and your comments will be so noted. Again,we are here because we do want to hear what you say, and we want to listen. So, I'll get started,who would like to speak first? Thank you. My name is Andy Reinmann, I'm an Assistant Professor of Environmental Science at the CUNY Advanced Science Research Center and at Hunter College. I'm not a resident of Mamaroneck. I'm a resident of Pleasantville, working on a similar ordinance. But the Sustainability Collaborative asked me to come and speak. This is an important issue and so I agreed to do so. The reason that they reached out to me is my lab, we do a lot of work on canopy cover in municipalities. And we recently completed a project quantifying spatial and temporal patterns in tree canopy cover and forest cover across Westchester County over a two-decade period. In an odd way, Mr. Reinmann continued, it may be fortuitous that the budget discussion came before our discussion of tree canopy cover. And I say that because often what's left out of discussions of infrastructure is tree canopy cover. Trees cool things in ways that nothing that we build can.And trees mitigate stormwater runoff and flooding in ways that we would typically have to spend a lot of money building other things to solve that problem. I won't go into the issue of why trees matter. But what I wanted to do is to briefly comment and provide some suggestions. Now that I have had time to read the ordinance in a little bit more detail, in hopes of helping the Town create an ordinance that could more meaningfully address its objective of Page 144 of 170 Town Board October 18, 2023 slowing rates in decline of canopy cover across the municipality, I summarized some of the key points as I read it. Mr. Reinmann continued, there is a removal limit for a 12-month period. And the number of trees that can be removed I think was like 10 trees per lot varies based on lot size. In the work that we've done, we've looked at different ordinances and drivers of canopy cover loss across Westchester, we suggest trying to limit allowances for tree removal to no more than five trees per lots of 7500 square feet or larger, and ideally only two or three trees per year for a lot smaller than 7500 square feet. In addition,what's great about what you're proposing is there's a tree replacement requirement. We know from our work that an ordinance alone does nothing, an ordinance needs to require a permit for a tree to be removed. And there needs to be a clause and some incentive to plant new trees. Those are the only things that we find any evidence of that will curb the rate of canopy cover loss. What you have now is a good start, Mr. Reinmann said. But I would argue that you would want to consider replacing one tree for every six inches of diameter of a tree size. So, for a 24-inch diameter tree, you would want to replace it with four trees. The reason that I say this is typically you are replanting a two, two-and-a-half-inch diameter tree. Our work and work from other places suggests that it will probably take 10 to 15 years for that tree to attain six inches in diameter. Overnight, you don't regain the services you've lost by cutting a tree. But if we can think about this over the course of 10-to-20-year time horizons, that's helpful. And so that is the justification for one replacement tree for every six inches diameter of a tree as a minimum. Also, Mr. Reinmann suggested, I would urge the Town to carefully quantify what the cost of replacing a tree actually is. If it is indeed the$300 that's proposed, that's great. But it doesn't do a whole lot of good to charge someone$300 to replace a tree, to find out that it costs$600 to actually replace it. So, I would look into those costs. I just have a couple more quick points. When this law is passed, I would urge the Town to use a certified arborist ideally. You do not want someone that is already employed by the Town. That will eliminate any conflict of interest. And that arborist should be the one who determines if a tree is indeed a hazardous tree, rather than just being removed based on a homeowner's opinion. It's an objective way to quantify this. In addition, Mr. Reinmann added, if you are having someone replant a tree, it needs to stay alive for longer than one year. That's not a huge benchmark to reach. I would suggest extending that to five years, which is what we're proposing in Pleasantville. The arborist comes back a couple of years later and certifies that the tree is still in good shape and is properly being maintained. Two other quick points, Mr. Reinmann continued. There's no mention of, or another clause for Heritage Trees in this plan. I would suggest adding that. The way these are defined varies by municipality. Generally, there's a size threshold, but these are trees that exhibit some sort of character, size, or species, something like that, that is of cultural or historic significance. I would recommend thinking about a threshold of something like 24 inches, or anything larger than that be a Heritage Tree. We say that because those trees tend to be quite large, replacing it with a tree could take that new tree well over 100 years to attain the services provided by the one that got cut down. Sorry, almost done. My understanding from reading this, Mr. Reinmann explained, is that the Town's own property would be exempt from the tree ordinance. I would suggest reconsidering that. If for no other reason, then it's going to be hard to get your constituents to buy into something that the Town itself is not adhering to. And I would also consider, in any new development, trying to limit clearing to no more than 20% of the current canopy cover on that property. Mr. Reinmann then suggested that the Town also consider programs to incentivize the planting trees. That way, he said, you can disincentivize cutting trees. The last Page 145 of 170 Town Board October 18, 2023 thought that I'll leave you with is that Mamaroneck is currently at a little over 40%tree canopy cover. Every place in Westchester is declining. Mamaroneck is in the same position. A generally thought of rule is that you want to keep your municipality above 40% canopy cover to realize the benefits of the trees. The Town of Mamaroneck is getting close to that threshold. And so, if you are going to go through the effort of having an ordinance, it behooves everybody involved to do what you can to make it actually meet its objective of reducing canopy cover loss. Mr. Reinmann then thanked the Board and apologized for going over his allotted time. The Town Board asked Mr. Reinmann about Pleasantville's ordinance that is in development. Mr. Reinmann said, 'in Pleasantville, we were still working through our ordinance. But we have different allowances for tree removal based on the lot size. In Pleasantville, there's some larger lots and like the one I live on, that's like 5000 square feet is very different. And so we sort of come to this number thinking, thinking about 7500 square feet, if you remove 10 trees on a lot that size, I think you oftentimes be hard pressed to find 10 trees more than six inches in diameter.And so, I think it's just appropriate to think about scaling the allowances for tree removal, based on the lot size. I would suggest that the numbers that are currently what you have would result in many cases of someone theoretically being able to cut down all the trees on their property. Councilman King stated that we do have a sliding scale. Yes, I was just curious as to the larger lot sizes, what ratios they're looking at, you know, to have 20,000 square feet or less, or 14,000 square feet or less, you know, what are they looking at? Mr. Reinmann responded that Pleasantville's cut off is at 7,500 square feet. At 7,500 square feet or larger, they are proposing to limit removals to no more than 5 trees. Another way to consider the larger lots, Mr. Reinmann suggested, is to review the percentage of canopy cover on the property, but he acknowledged the number of trees is an easier metric to quantify. 'Rather than someone going into Google Earth imagery and outlining the area they want to clear,what we came to is somewhere around five or so trees would probably in most cases limited to no more than 20 or 30% canopy loss on larger properties.' Councilman King then asked how difficult it is to plant a larger tree? Councilman King stated that in his experience is it difficult to plant a tree bigger than 2.5 inches in diameter. Mr. Reinmann responded, that's a great question. That's a question we talked about a lot because we had one person on the conservation Advisory Committee, we had one person say, well,why don't we just plant a bigger tree?And the problem with that is, the bigger the tree you plant, the lower the likelihood of survival. Just the amount of stress that it goes under and getting moved is problematic. The other thing I will add is we've got lots of great research that suggests a tree growing in somebody's yard can grow three or four times faster than that same tree in a forest. And so, if you're planting a two-and-a-half-inch diameter tree that has, let's say...an 80% chance of survival, versus planting a four-inch diameter tree that has a 40%chance of survival, over the course of a couple of years, they would wind up being pretty similar in size. You're better off planting something smaller, that's going to survive, right. These are long-term investments that we're making. And in Mamaroneck, in particular, you have over a little bit 40% canopy cover, but over 75% of that is the trees in our yards in our streets. It's not in forests. And so, the ordinance is targeting, or should be targeting what the majority of your canopy cover is. I would worry less about the size of the tree that you're planting. You want to make sure it's going to survive. If it survives, it'll grow really fast if it is in the right condition and is well cared for. Councilwoman Nichinsky, requested some clarification, asking that if it is not necessarily then the size of the tree, is it then the type of tree? Mr. Reinmann said yes, right tree, right location. Mr. Reinmann continued; the Page 146 of 170 Town Board October 18, 2023 inclination is like let's plant the biggest tree that's going to get to the biggest size possible wherever.And I would take a little bit more of a creative approach. Like if you're cutting down a large oak tree next year powerline, it doesn't always make sense to replace it with an oak tree that you're going to be confronted with the same problem. Fifty years from now, there's trees of all different shapes and sizes.And that should be tailored to the conditions in which the trees are growing. If you have a big yard, those are the best places for big trees. If you have a tiny yard, and you're planting things right up next, right up next to your house, plant a smaller tree.You'll still get a lot of benefits from it. Of course, the bigger trees do more. But at the end of the day, you don't want to be in a situation where you plant a tree and then in 30 to 40 years, you've got to cut it down and start all over again. Different trees grow at different rates.And if we're thinking about it on a municipal scale, if you're planting a bunch of different trees. That's biodiversity, right?There's also the cooling benefit of our tree canopy. And it also means that the next invasive nonnative pathogen coming through and attacking our trees isn't going to kill all of your trees. Diversity is key in the tree planting palette. A Councilmember stated, 'I think that's why we have in our statute, if you plant a certain number of trees, they have to be different species.' Mr. Reinmann stated New York City has really set the benchmark for a lot of this, they're investing hundreds of millions of dollars in planting trees, their canopy covers increasing over time, while everywhere in Westchester is decreasing. And their estimates are that for every$1 you spend on a tree; you get over$5 back in services. They can be a really good role model for how the rest of our municipalities in the area should be thinking about this. Mr. Reinmann thanked the Town Board and apologized for taking up so much time. Councilman King commented about the rate of growth of trees in our area with such a high-water table. Mr. Reinmann agreed and added that most trees, especially trees growing in the open in someone's yard,will grow very fast with abundant water. Mr. Reinmann noted that half of the rain that falls over the course of a summer, will get pulled back into the atmosphere by a tree, rather than running off and exacerbating floods. Frank Buddingh spoke next. Mr. Buddingh currently lives in Ossining but lived in the Town of Mamaroneck for many years. Mr. Buddingh is an arboricultural consultant. Then, Mr. Buddingh stated: I gave you a written submission for the first meeting. And I like to add a few remarks. In addition to the submission that are tabled. I would like to make further comments on the importance and the need to implement community tree ordinances covering both public and private trees. No matter how many tree protection bylaws are put in place. For these ordinances to be successful, there needs to be an extensive consultation process to create tree protection laws that have the community's full support. I refer as a further point for discussion to a document published by the North Carolina State Unit of Forestry, and it is a guide-- I gave you a live link in my email to you --who was responsible for the trees as Citizens Guide to Trees in the Community. And it has quite a number of interesting aspects that serves both the local authority and the community. Eastern Westchester where we are living here has topography with many rock formations and shallow topsoil. And as a result, trees develop very shallow root systems because of this. Indeed,when observing mature trees, they develop roots of distances easily up to three four times their canopy projection. Shallow roots will extend into neighboring properties, and as a result, your tree can be negatively affected by your neighbors' building activities. A varied mixture of tree species and ages makes root systems intertwine and also inter- graft with each other.All trees, regardless of size and age, collectively contribute to landscape preservation, erosion control,water absorption, etc. Therefore, tree management laws must be applied to all private and all public trees to manage our landscape and keep the community safe. A tree conservation plan that allows for the removal of trees even in restricted numbers, on an annual basis juxtaposes proper management of vulnerable landscapes such as ours, thank you. Page 147 of 170 Town Board October 18, 2023 Hi, my name is Melissa Hughes. I have been living in Mamaroneck for 16 years. I have two boys that have grown up here. And we all really love it. It's an amazing community. And I appreciate that you're trying to do something to take the right steps to protect the trees and grow and increase the canopy. Ironically, in 2022, my oldest son Zach who's 17,joined the Sustainability Collaborative and worked a lot with Arlene and Mark. They introduced us because Zach was very passionate about trees. And so,we actually met Dr. Reinmann the first time at'The Power of Trees:A Bedford 2030 Community Forum'. And that really got Zachary very excited, and he actually got permission through the New York State Department of Conservation, as well as the Principal of Mamaroneck High School to work with Liz Aitchison to plant 25 trees on MUFSD property. There are some at MHS and there are some at Hommocks. And then we also tried to plant some at the conservation site behind Hommocks. So, I echo everything that he shared. I think that, you know, those were the same facts and figures that he shared in the conversation 'The Power of Trees: A Bedford 2030 Community Forum'. And so, you know, I do think that this is great. I'm glad we're taking this step. I think it's not enough. More needs to be done to protect and help grow and increase the canopy, especially with everything that's going on in the environment these days. Thank you, thank you. I [Ralph Engel] am actually here to serve wearing two hats. The first one is as chair of your Town's Planning Board. And, as such, I want to read what the planning board submitted. The following comments to the town boards for proposed tree law were submitted on behalf of the town's Planning Board. Based upon its discussion at its regular meeting on October 11, 2023. They are as follows. The Planning Board members have found many problems with the proposed law, including but not limited to a lack of standards, which opens the town to article 78 challenges, which may be difficult to defend insufficient guidance for decision makers and lack of procedures to deal with emergencies, such as dangerous, dangerous tree conditions and inadequate incentives to preserve trees. Board members also specifically objected to the availability of paying to replace a tree rather than preserving trees in connection with the site plan review. The lack of an explicit set of standards for permitting tree removal is inconsistent with some of the evaluation criteria that the planning board is expected to apply in connection with site plan review. If it is permissible to permit tree removal without a compelling justification, in exchange for planting quote, replacement trees,which could be significantly less desirable than the trees being removed, or to contribute to a tree fund It doesn't actually even have to be spent planting trees. If you read what's in the law, this would deprive the planning board of its current ability to mandate retention of critical trees in connection with its site plan review process. That is something that I'd like to say on behalf of myself. It's only three short paragraphs. First of all, the proposed Tree Law does nothing whatsoever to protect the many big, beautiful trees that are all over our Town. Second, despite the provisions in the law, that look as though they limit the number of trees, that a landowner may cut down in any year. The proposed Tree Law, actually right on the next page, permits any owner of real estate in our town to get a permit from our town, which will permit him or her to cut down any or even all of the trees on his or her property. And there's absolutely nothing in the proposed law to stop or to permit the town environmental planner, or the Town's planning board to prevent such a result. And third item. It is now unfortunately clear to me. Why it is so very hard to get anything done to slow much less to stop climate change. Even though even in the highly educated town of Mamaroneck with a lot of expertise on our town board.We the residents of our town apparently cannot get our own town government to adopt a law that actually protects our town's existing trees. Thank you. Arlene Novich spoke next. Hello again, Ms. Novich said, I live in the Town.And this is from the minutes from a Board meeting during August of 2021. And this is the quote the Town Board agreed that'the tree code needs to be updated to address tree preservation, not just removal.'And that has not happened. The Board knows very little about trees or tree codes. And yet they did not seek out enough experts. Nor did it appear that they did enough research on municipal tree codes, in addition to our Town's, all of which were necessary. And I and members of the tree team knew very little about trees and tree codes either when we embarked on this task, but we spent Page 148 of 170 Town Board October 18, 2023 long hours researching, meeting with experts, and looking at codes. But the Board decided to start from scratch, assured that they could do a better job and they didn't. The Board is misguided regarding the tree code when they talk about balancing the code with the rights of the residents. A strong code is the right of the residents to a healthy and safe environment. To say that residents have the right to do what they want regarding cutting trees violates the needs of the community for a safe, healthy environment. Without a strong tree code, the Town is violating the New York State constitutional amendment that provides for a healthy environment and opens the Town to possible litigation. That amendment speaks to the rights of the residents. The Board has passed the Climate Emergency Declaration, which indicates that we are in an emergency situation, and we must act accordingly. This declaration specifies that the Sustainability Collaborative is to work closely with the Town Administrator and the Board. But that hasn't happened. Although we are happy to do so. The Town of Mamaroneck has endured severe flooding at great costs to members of our community, as well as cost to taxpayers to repair and mitigate the damage that flooding has created. We are in an emergency situation even though we've been very lucky around here so far compared to other parts of the country. And the benefits derived from trees must supersede individual residents wants with regard to their property. The health and safety needs of the collective community, as well as of individual residents, are of paramount importance. Therefore, the code should not let residents remove trees for no valid reason. This tree code hands out permits to take down trees for any reason with minimal provisions for oversight, making the whole code ineffective. New Tree planting is a long-term plan. The code addresses tree planting but not tree saving. And many of the large trees have been growing here long before the residents, and whose yards they inhabit, ever lived here. Mrs. Novich continued, the street behind mine, for example, is at a slightly higher elevation. And when my new neighbors moved in behind me, they were told to take down the two large trees that bordered my yard. Those trees were large when we moved into Town 40 years ago. I asked them not to cut them, since if they ever came down, they would fall across my yard, not theirs.And I was not worried. On the contrary, what worried me was if they cut them, all the shade in my yard would be gone. My house would be hotter in summer, raising my electricity costs. And, the water runoff and erosion, since we are at a lower elevation, would increase tremendously. I am convinced that the Board wants to do the right thing. Now is the time for the board to come together and do the right thing. Thank you. The next speaker was Kevin Crowe. I'm Kevin Crowe, I've been a resident of the Town of Mamaroneck for a long time. It's my personal opinion that the new Tree Law falls short of actually protecting this important and wonderful natural resource. It's a known fact that trees help mitigate excessive flooding as well as help prevent overheating in our neighborhoods. It would be better for the environment if the general public changed their mindset from focusing exclusively on their individual rights and was more concerned about the collective good. I think one of our Town government's mandates is to be a good steward of our natural resources, and doing so the Town of Mamaroneck can set a good example for our community and other communities. For instance, a white oak tree supports more life forms than any other American tree, almost 400 species of living things. It's a tremendous loss of animal and bird life.And trees such as this are cut down. Removing too many trees is inconsistent with Pollinator Pathway and so many other Town initiatives. I mentioned Pollinator Pathways because it's one of the environmental groups I'm involved in. Our Town needs to be seen as a role model by exercising sound judgment over our tree removals. The Town should take into consideration anything that's adverse. These are times when the common good is more important than the less environmentally focused. Also, by exercising sound judgment over any tree removals, it takes into consideration any adverse effect. I think I'm finished, thank you. Robert Herbst, of 76 N Chatsworth,was next. Madam Supervisor, Honorable members of the Board, esteemed Mr. Maker, I've been a resident of the Town of Mamaroneck since 1965. I've been in my current house for 31 years. I will try not to Page 149 of 170 Town Board October 18, 2023 say what's been said and repeat prior comments, prior speeches. I just would like to address a few points and not be cumulative. It was suggested tonight, for example, that this law would be a good start, because it would allow us to collect data. Frankly, we don't have time to collect data. I live in a house that was built in 1923. As a 100- year-old house, our next-door neighbor, three years ago, cut down what was probably a 100-year-old tree. It had a giant canopy. It was beautiful. Since that was cut down the entire ecology of our yard has changed. We get sun where we never had sun. Nobody visits our bird feeder anymore. We don't see Cardinals. Ironically, or interestingly, our bedroom now gets hit by the full moon, which it never did. I've joked with my wife about perhaps becoming a werewolf. We didn't know for the first almost 30 years, but what it illustrates is that when one of these trees goes, it changes everything. And it would take forever, like 100 years to get that tree back again. When you say it's been suggested that a lot of the public would be surprised perhaps if this law goes into effect. I've looked at the Town oversight, the Town has received some 300-plus comments, most of which were critical of this law. I think what the Town Board needs is to take another look at the law. Look at the various submissions. Look at all the work that's been done by many volunteers, many boards. And, you know, candidly,with all due respect, the members of the Board should put any of their personal views aside about whether someone should be able to put up a swing set. If they put up a swing set, great, but in five years that kids off doing something else. Maybe make a tire swing from the tree. The Town Board should put aside any personal thoughts they may have on this and listen to the overwhelming views of the community. You are our public servants. We're electing you. I see your signs with your name on them coming up. We hope you do the right thing. Thank you. Next was Anna Capelli. I'm Anna Capelli. I live at 98 Willow Avenue. And I support first of all, everything they've said. I agree totally. But one thing that came to my mind as I heard all these people saying that on their property, they should have the right to do wherever they want, I thought nonsense. Quite honestly, I could buy a house tomorrow. I could take out all the trees, or six trees whatever, 60 years old each. If I stop paying my taxes, I get bounced out of my house, but I've just destroyed that area. I've just taken that away from everyone, someone else has to come in and live with that. So quite honestly, I know people feel like I own my property, I could do whatever I want. None of us own our property. We stop paying our taxes, we all get kicked out or a flipper comes in and levels the property. flips the house. He doesn't care about the trees; he just wants to make money. And he just did. So, quite honestly, I don't even understand why a consideration is they'should be able to do whatever they want on their on their property'. I don't think they should at all. Because that's a short-term vision. Long-term is these trees are 100 years old. Everyone in this room wants them to live. And we just decided to level them, like it was nothing. That's my perspective on that. I think that has to be rethought. It's not about what any one person wants,we don't own our property at all.We lease it, as long as we pay for everything. And we end up paying for the long term. You can't allow[flippers]to make these short-term decisions that affect the entire community long term because they are on it for however long, a year even maybe. So that's my personal perspective. I wanted to leave you guys with that, and I support fully everything else that has been said. Thank you. The next speaker was from the Village of Mamaroneck. Thank you so much for the proposed law, she said. And I agree with everybody. I live near Warren Avenue Park. I would like to ask the Board to please consider the consistency and coherence between the Town's proposed law and the Village regulations on the trees, especially on in terms of emergency decree that may allow the Village to do anything, including cutting down the trees along the river, which happened maybe two or three weeks ago before the rain. So just as an example, definitely a six-inch-diameter tree was cut down which was holding the bank together.We as residents could not stop them from doing that. If the Town could consider the coherency between the implementation of the decree and the law or these kinds of things, that would be great. Thank you. Reed Belladonna spoke next. I live on Lafayette road in the Town of Mamaroneck, I'm Page 150 of 170 Town Board October 18, 2023 not a tree expert. I was a Marine Corps infantry officer for a long time. So, I spent a lot of time out in the woods. But as a homeowner today I'm in the position of spending about$2,000, to save about a 90-year-old tree that's out in front of my house. And I just think it's, it's money well spent, both for the looks and the value of the property, for the health and aesthetics of the neighborhood, for the overall ecosystem, and for all of those things combined. I know that's not a model that everybody can follow, but just as an example of a citizen of the of the Town who values the natural environment. It also struck me-- I've never been in this room before--all three panels behind you and most of the illustrations on the mural over to the right, depict the natural environment. They depict the flora and fauna of the Town of Mamaroneck and this area, so it comes down to the question of what do we really value? Is this what the Town of Mamaroneck is about? Or ae we frankly telling ourselves a fairy story by putting up pictures like that to represent the Town of Mamaroneck?That's all I have to say. Hi, my name is Beatrice Weinberger. I'm about a 30-year resident of the Town of Mamaroneck. I submitted written comments before the last meeting, and I have some additional specific concerns. These include that no certified arborist is included in the current proposal, only a Town environmental planner. I looked at tree codes in similar communities to Mamaroneck and saw that they require certified arborists not a tree removal service, but certified arborists to assess trees.And the assessments include things like specifying the necessity of the removal of the tree and the effect of that removal on the ecological system. In addition, the noteworthiness of the tree to the character of the community is considered. Another concern of mine is that in the existing proposed code, the replacement trees are not specified. So, a mature oak tree (which can reach 40 feet tall and is one that other people have mentioned are credible hosts, absorb water and are cooling), can be replaced by something like a Kousa dogwood, which can reach 40 feet but would not serve any of those purposes. Also, something that no one has brought up is that existing trees are not properly protected during construction or demolition. We've all seen yards where if not, let's not even when it's a demolition, but when there's just an addition put on, and you see a little fence right around the base of the tree. And within two years, those trees are usually dead. So finally, I think the fines that are proposed are so minimal as to pretty much be ineffective. I have seen looking at other communities that sometimes fines go up to$5,000 for not complying, including sometimes even incarceration, but I wouldn't want to go there. Certainly a$300 fine for a developer is really not a significant fine. Thank you. Elizabeth Poyer rose and addressed the Board. I wasn't really going to speak but I did want to say one thing. Some of you may have read an article about Singapore, a couple weeks ago in the New York Times. Singapore is a very small nation on the water. We're not a nation, but we're a town. They are very affected by heat, and other aspects of climate change, flooding, and many things like that. And they did a lot of research. They have a lot of very well-educated people, and they have a lot of money. And they put a lot of funding into researching over a few years what they could actually do as a small nation affected by these factors.And guess what they came up with. The solution is trees! I was flabbergasted and delighted to read this article because they are really a small city. And we have more tree cover than they do. But if they did all that research and they came up with the fact that this would help lower the temperatures, and also improve the flooding, and every other aspect of what we're dealing with here. I think it's a wonderful model for us. The only other thing I'll mention, really quickly, is that this is an opportunity for the Town to provide leadership. A lot of people living in our area come from cities. They move out to the suburbs, because they want this wonderful area for their children and the schools, and they love everything we love about being here. They haven't been homeowners or owners of properties with trees before. They can be afraid of trees and storms. They don't know that if you have an arborist who inspects your tree, then this is not a dangerous situation. It has to be managed rather than just eliminated. And I think sometimes they're influenced by fear and a lack of knowledge. So, the Town has an opportunity to show leadership here to help people to understand that Page 151 of 170 Town Board October 18, 2023 this is really going to be much more for the benefit not only of the community, but for them and their children. Thank you. John, a resident of the Town, spoke next. I'm a resident of the Town. I just wanted to bring up a couple points that echo some stuff that people have said and maybe repeat it. So first, the Sustainability Collaborative was created to advise the Town on environmental issues, so as to protect the natural environment, improve water quality, reduce flooding, energy, use our carbon footprint and noise. All things that trees do by the way, those are not my words, those are direct from the Town's website verbatim describing the Collaborative's mandate. Everyone here should know that the Board, I'm sorry to say, did not consult with, consider, or incorporate any of the recommendations of its own environmental committee, the Sustainability Collaborative, offered continually over the last two years. There was not one joint meeting. And I asked why not? It feels wrong.And dare I say undemocratic.And the end result is as we people have spoken about a proposed tree law that has dozens of loopholes and weaknesses. And that brings me to my second point, I now realize that as Jaine [the Town Supervisor]said, the proposed tree law is an equivocation and attempt to appease those who want no ordinance, not those like the Collaborative members who want a strong ordinance. It's right in the middle. So, as you can see, neither side is happy with it. And this is even though over two thirds of your constituents stated in a poll that strong tree protection and preservation was one of the most important parts of the comprehensive plan before it was passed. The other 1/3 were the ones that probably commented online and said that they didn't want any code. So, I'll just say this. If you want Mamaroneck canopy to decrease year over year, like Andy[Reinmann] mentioned, you should approve the code. If you want summers that are 100-plus-degrees for weeks on end, and soaring energy bills, you should approve this code. If you want your homes and businesses to flood from a 500-year storm every year, approve this code.And if you want dirtier air and ugly, clear-cut properties, by all means approve the code. But this is not the code that the residents want or need, and we can do better.And the final thing is I have some images that I brought that I wanted to show people to put a face to this whole discussion that show what this proposed code will allow, which is the unfettered removal of trees and decreasing canopy. But I don't know how I can show it. I have a projector; we could turn off the lights. I have a printout right here that's been submitted. Town Supervisor Elkind Eney responded, "We have it, you submitted it. We have copies. Every single thing that anybody submitted, all went to Alli [the Town Clerk] and Alli duplicated it for all of us, so we do have every submission. The Good, the bad, and the ugly. We have them all."John thanked the Town Supervisor. Next speaker was Arthur Katz, resident for over 50 years. We've lived in the town and our house now, for a little over 50 years, Mr. Katz said. We do have one very mature tree on our property, which was quite mature when we moved in. Unfortunately, it's gotten to the point where a risk assessment needs to be made because it's now leaning at a significant angle, and limbs have been falling off of it. I am in favor of revising the tree law that we [currently] have, so that it covers all of the properties in the Town. However, the comments that I read on the record, that were made at the last meeting, and the comments in letters received, as well as the comments made today, make it clear to me that revisions need to be made to the proposed Tree Law. The Tree Law should properly handle the issues that need to be handled, make it internally consistent, to remove a number of inconsistencies, and also to provide something that's not as draconian when you have an emergency that needs to be taken care of, which unfortunately, I do not believe the current proposed law provides. The Town Board responded that was something they had recognized during their discussion earlier today. Mr. Katz continued,well, I'm assuming based upon everything that I've heard, and what I've read, that the Board is now going to reconsider what has been proposed. We'll come up with a new proposal, which hopefully will correct the issues which have Page 152 of 170 Town Board October 18, 2023 now been brought up. If there's still some minor concerns, we can address it at that time, as opposed to me going into the various provisions that I think need to be changed, in fact, all of which I think have either been raised at the last meeting or tonight. Allen Reiter was next to speak. Mr. Reiter began, I'm going to endeavor not to repeat myself. Thank you.And I appreciate the opportunity to address you for a second time. I tallied the number of non-duplicative participants who either have spoken or submitted written documents as of October 4th. If my numbers are correct, I've counted, including tonight, around 99 duplicative participants. Of those,just a handful favored the code.And if you read their comments, there were none. They simply said, we support the code. And so, there's no way for us to know the extent to which, if any, they read the code or simply accepted the Town's announcement, stating that this will be protective of trees. Mr. Reiter continued, the New York State public offices law mandates the conduct of this hearing, implicit in that is that a municipality that permits this kind of open hearing, the kind of hearing that we're engaged in today,will listen to what its constituents are saying. The overwhelming number of those constituents are now on record either in writing or via statements made here, opposing that code. And the reason for that, other than three people which I'll get to in a moment, is that the people coming up here believe that the code is insufficiently protective of the tree canopy. I counted three people who oppose the code, because they thought it was too restrictive. One of whom said it would lead us to communism, a statement, that's a statement that speaks for itself. The canopy is irreplaceable. New trees will take decades to replace. And perhaps the most telling comment I've heard in the two days of hearing and in all their submissions I read is from the Town Attorney who said this is a tree replacement code. A tree replacement code is not a tree protection code. And trees that are planted tomorrow will take 30, 40, 50 or 100 years to replace. What we have is not a path for us to preserve a tree canopy or the benefits that that canopy provides. The balance struck here ignores the community's interests. We are your constituents, and we urge you to recognize that the community is opposed to this law, as it has been drafted by you, because the community believes overwhelmingly, that the code is insufficiently protective. The code as written is deeply flawed. It fails to provide the protection that we need and, based upon Council's own remarks, is not even designed to do that. I submit to the Board that you engage with the Sustainability Collaborative as partners to try to work out a code that will protect that canopy.And it is only by doing that, that we will be able to achieve that. Once again, I appreciate the opportunity to address you a second time. Jake Levitt stated next, that the ability to protect the trees of the Town is a function of the sentiment at the top. And the sentiment the top is presumably the Town Board directing the environmental planner. You have a moral and functional responsibility or obligation to protect the trees. And one, you cannot just replant trees. Now regardless of the law, look to New York City, you can be strict on permitting. Now, regardless of the law, three, I think each tree should require a permit--not just take out six without a permit--that will truly help you track what's going on.And if you say it's too much work for the environmental planner, it's a red flag that we're taking out too many trees. Maybe you consider some numbers for the Town, say no more than 50 a year.And once you get to 50, you really scrutinize. I don't know, there's got to be a way to make a compromise. With replacement trees, you might think about the area of the tree rather than just the number, so it would not be one for one. If you have a pi r squared, you make sure that the same area is replanted, so for one large tree removed, it is going to be like twenty little trees for replacement that covers an equal size area.And finally notice to residents, it's just unconscionable to be able to come home one day and find the tree in your neighbor's yard is gone. Trees affect the look and feel of the neighborhood. That's a criterion for the zoning board. You know when that's something that they think about, and people have a right to know if the tree is going to come down. They have a right to at least you know, you know, submit a grievance, and maybe come to some kind of compromise of pruning instead of taking it down. I think that's about it. Thank you. Page 153 of 170 Town Board October 18, 2023 Ms. Karen Khor spoke next, stating that the Comprehensive Plan Steering Committee would like to convey to you our deep concern that the proposed Tree Law does not reflect the input received from residents of our Town calling for strong tree preservation and protection. Ms. Khor explained, this is based upon the feedback that we, who participated in the Town's Comprehensive Plan Steering Committee, received through the community engagement process for the development of the Town's Comprehensive Plan at last year's public workshops and pop-up events, as well as responses to the community needs survey conducted by the Town as part of the plan development process. Please also note that a majority of residents who responded to the online community needs survey identified the three community needs listed below as most important to them, among other choices, in the Environment section. All three community needs depend on the protection and preservation of trees: • 71.83%, or 515 respondents,wanted the protection of wetlands, native habitat, flood plains, and critical environmental areas from development; and • 60.95%, or 437 respondents, requested the preservation and protection of existing trees on both public and private lands; and • 78.66%, or 564 people, wanted the prevention, mitigation, and management of flooding from storm events. "These are extracts from the final results of the Town's online community needs survey. Ms. Khor stated, so we respectfully urge you to reconsider and improve the proposed tree law to ensure that it aligns with broad based resident support for strong tree protection and preservation for our Town. Thank you for your consideration. Thankfully yours, Jack DeMasi, Ralph Engel, Melissa Kaplan-Macey, Joe Liberti, and myself. Mark Kramer, cochair of the Sustainability Collaborative, thanked the Town Board very much for listening to the comments tonight.And on October 4, we know you've spent a lot of time listening, reading, et cetera,what's been submitted by residents, experts, and others in the Town, and the surrounding community. We hope you will do the right thing, and listen, and evaluate the comments, and act accordingly. Thank you for your time and your patience. And thank you audience for being civil.And thank you, Jane, and the rest of the Board for letting those people who spoke last time speak again. There are many issues that have been brought up tonight that were not brought up previously. So, thank you very much. Supervisor Elking Eney, then agreed. Enforcement is a big issue. I agree with you. I agree with you that enforcement is a big issue. And whatever law we pass, we have to enforce it. Because if you don't enforce the law, what's the point of having a law? So that is something that we have to work on with all of our laws? Okay, is everybody done now?All right, let me invite you all to stay for the rest of the Town Board meeting with us, because we are going to get lonely without you. We're not going to adjourn yet, I'm not ready. The Supervisor then asked if anyone wanted to continue to chat to please go outside, so that the Town Board could continue its meeting. Then, Supervisor Elkind Eney asked for a motion to adjourn the public hearing. Moved by Councilman King, seconded by Councilwoman Nichinsky, the Public Hearing was unanimously adjourned to the meeting of November 1st. Carried RESIDENT COMMENTS Mr. Justin Dupree of Larchmont Gardens Civic Association (LGCA) introduced himself. Mr. Page 154 of 170 Town Board October 18, 2023 Dupree thanked the Town for putting down additional soil and reseeding around the stream after the most recent storm. A few weeks ago, the Police Department and Fire Department were called to investigate the stream to address a heavy odor like turpentine or some kind of leakage that the neighbors believed was coming from the golf course upstream. The Town put up baffles to track the seepage and the Civic Association was wondering if the Town determined where the odor was coming from? Mr. Dupree also asked for an update of the Arches and graffiti on Rockland Avenue Bridge. Mr. Dupree also mentioned that the duck pond path was damaged as a result of the last storm and the LGCA wanted to just bring that to the Town Board's attention. The Town Administrator said that the RFP is out on the forebay work. The Town will begin power washing the arches soon and the Town will attempt to complete the repointing before winter. SUPERVISOR'S REPORT (Out of order, first came staff comments and presentations.) Welcome to the October 18, 2023, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room C, starting at 5:00pm, which is open to the Public. The Waverly Avenue Bridge will be CLOSED beginning Friday, October 20th, 2023, at 10:00 AM. The closure is necessary to facilitate the replacement of the bridge. Motorists should follow the posted detour utilizing Hoyt Avenue as an alternate route. Access to local businesses in the vicinity of the bridge will be maintained at all times. The duration of the Bridge Closure is currently expected to be 10 months. Motorists are urged to slow down and drive responsibly in work zones. For updates, go to the Town Website https://www.townofmamaroneckny.org/733/Waverly-Avenue-Bridge-Replacement-Project. We just received word that our 2023 Budget document has been awarded the Distinguished Budget Presentation Award from the Government Finance Officers Association. This award is the highest form of recognition in governmental budgeting and represents a significant achievement, and it is the 4th year in a row that we have received it. Kudos to Town Comptroller Tracy Yogman who is doing an outstanding job, thank you Tracy. The events of the past two weeks in the Town were overshadowed by the Hamas terrorist attacks on Israel. There was a public outpouring of support for the State of Israel, and we held a Tri-Municipal Vigil for the State of Israel last Wednesday at Harbor Island Park. Hundreds of people gathered to speak up, to stand in solidarity with the State of Israel, to grieve collectively, and to hold each other up and to find peace and comfort in our community and hopefully we find peace in all of this and never have to do a vigil like this again. October 5 I was pleased to be invited to the Village of Mamaroneck Fire Inspection Dinner. It is always important to gather to honor such dedicated volunteers in our community. On October 10 I was honored to be in Albany with the families and friends of Dennis Tortorella and Brian Payne, two TMFD volunteers, as their names were added to the NYS Fallen Firefighters Memorial. Both of them went down to the city to serve on 9.11 and have died since then of 9.11 related illnesses. We will never forget their service or their sacrifice. October 11, I attended the LMC Media 40th Anniversary Gala. LMC Media connects our community, the local government and the school districts through broadcasting municipal, school board and local organizations' meetings, news and information, live election coverage, parades, graduations, varsity sports and much more. October 12, I attended the Mamaroneck Chamber of Commerce meeting where we discussed issues facing the business community, most notably the impact on the business community of the closing of the Waverly Avenue Bridge and the upcoming Spooktacular events in the Village to be held on October 22. Also, on October 12, I attended, along with Abby and Meredith, the Westchester Municipal Officials Association meeting in White Plains. This month's speaker will be Ruthanne Visnauskas, President and CEO of NYS Homes and Page 155 of 170 Town Board October 18, 2023 Community Renewal. She spoke about the Pro Housing Community Program which provides incentives to cities and counties in the form of additional points or other preferences in the scoring of competitive housing, community development, and infrastructure programs. We're looking into qualifying for this program. On October 15, I attended, with Deputy Supervisor Abby Katz, the Town of Mamaroneck Repair Café sponsored by the Sustainability Collaborative. "Repair"volunteers fixed items from electronics, lamps,jewelry and much more. These items can now be used, rather than end up in the waste stream. Kudos to all involved. On October 16, I attended with Meredith a TVS meeting where we discussed issues that are common to the municipalities and the schools, among them field use and increases in the population. October 17, I attended a Westchester Putnam Association of Town Supervisors meeting where we discussed, among other things, upcoming budgets and their effect on property taxes, and tree laws in the various communities. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the meeting to order, then on motion of Commissioner Fiddelman, and seconded by Commissioner Katz, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky Carried 2. Salary Authorization -Fire Department Moved by Commissioner Nichinsky, seconded by Commissioner Fiddelman, it was RESOLVED that the Board of Fire Commissioners hereby approves the appointment of Melissa Brady to the position of Fire Lieutenant at an annual salary of$118,857, effective October 23, 2023. Carried 3. Fire Claims Moved by Commissioner King, seconded by Commissioner Fiddelman, it was RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims in the amount of$15,716.75. Carried 4. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner King, Seconded by Commissioner Fiddelman, the Page 156 of 170 Town Board October 18, 2023 Commission unanimously adjourned and the Town Board reconvened. Carried AFFAIRS OF THE TOWN OF MAMARONECK 1. Set a Public Hearing -Property Tax Levy in Excess of the Limit Established in General Municipal Law Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby sets the date for a Public Hearing on Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law"for November 1, 2023. Carried 2. Authorization -Proposed 2023 Water Rate Increase Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board does hereby authorize an increase of 25% to be applied to all applicable water use rates charged by the Westchester Joint Water Works effective with next month's water bill. Carried 3. Authorization -Stormwater Study Intermunicipal Agreement(IMA) The Town Supervisor introduced the IMA between Westchester County and the Town of Mamaroneck. The goal of the IMA is to conduct a comprehensive stormwater study to evaluate the Town's stormwater sewer network and provide recommendations and alternatives to reduce the frequency of flooding. The Town received a grant for $150,000 for use this year and another$150,000 for next year. Supervisor Elkind Eney pointed out that this is the County's standard agreement and is not negotiable. Moved by Councilman King, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby approves the intermunicipal agreement with Westchester County for the comprehensive stormwater study retroactive to January 1, 2023, and continuing through December 31, 2024, and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried REPORTS OF THE COUNCIL Councilman King • Attended the vigil at Harbor Island in support of Israel last week and thought it was a healing and uplifting event that showed the solidarity of our community. He suggested that when events like those in Israel occur, it is important for all of us to stop and take stock. Councilwoman Katz • Attended the vigil at Harbor Island as well as the Westchester Municipal Officials Association meeting last week. • Attended the Larchmont Library meeting. They have added the Greenburgh Nature Page 157 of 170 Town Board October 18, 2023 Center to their free pass program. • Announced there will be hydrant flushing over the next few weeks. After the flushing is complete, it is recommended that one run cold water from a tap in the lowest level of the house until clear. • Organic waste pickup ends Oct. 27th. Leaf pickup will continue after that, but please do not mix organic waste in with your leaves. Councilwoman Fiddelman • Attended a Board of Architectural Review meeting. Councilwoman Nichinsky • Attended the community vigil for Israel, noted that it was nice to see the community come together. • On Sunday, attended the Repair Cafe. • On Monday, attended a Housing Authority meeting. • On Tuesday attended a Sustainability Collaborative meeting. • On Wednesday, attended the Planning Board Meeting. • Attended the WMOA meeting on Thursday. TOWN CLERK'S REPORT • Monday, October 23, 2023, is the last day for a change of address to be received by the Board of Elections, and Saturday, October 28, 2023, is the last day a voter registration application must be received by the Board of Elections, for the upcoming election on November 7th. • Early Voting starts at the Town Center on October 28th and continues through November 5th. ADJOURNMENT Moved by Councilwoman Fiddelman,seconded by Councilwoman Katz, the meeting unanimously adjourned at 11:10pm. Carried REGULARLY SCHEDULED MEETING -November 1, 2023 Submitted by Allison May, Town Clerk Page 158 of 170 0 Town of Mamaroneck Fire Commission Town Board Minutes Tuesday,June 18, 2024, Courtroom, First Floor of rrr Weaver Street Fire House 9:15 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Jeffery L. King, Councilman Robin Nichinsky, Councilwoman Anant Nambiar, Councilman ABSENT: Sabrina Fiddelman, Councilwoman ALSO PRESENT: Allison May, Town Clerk and Fire District Clerk 9:15 PM SPECIAL MEETING BOARD OF FIRE COMMISSIONERS The Town Board of Fire Commissioners meeting convened on the first floor of the Weaver Street Fire Station. CALL TO ORDER The Special Meeting of the Town of Mamaroneck Board of Fire Commissioners was called to order by Commissioner Elkind Eney at 9:15 p.m. Then on motion of Commissioner Nichinsky and seconded by Commissioner King the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine El kind Eney Commissioner: Jeffery L. King Commissioner: Robin Nichinsky Commissioner: Anant Nambiar 1. Certificate of Results of Canvas Moved by Commissioner King, seconded by Commissioner Nichinsky, it was RESOLVED that WHEREAS, on June 18, 2024, the Town of Mamaroneck Fire District, held a Special Election for the purchase of Scott Pak replacements, including expenses for the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, at a maximum estimated cost of$519,000, including incidental expenses, hereto attached, and that said Certificate of Results of that Referendum, hereto attached, have been Certified by the Chairman of Elections and the Inspector of Elections, and WHEREAS, as required, the Certificate of Results of Canvas of the Special Election, were filed in the Office of the Town Clerk and the Office of the Fire District Clerk, on June 18, 2024. Carried 2. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner King, Seconded by Commissioner Nichinsky, the Commission unanimously adjourned at 9:30 PM. # # # Page 159 of 170 Town Board June 18, 2024 Page 160 of 170 Ait Town of Mamaroneck \ Town Board Minutes Wednesday,June 26, 2024, Courtroom, Second Floor of Town Center 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilmember Jeffery L. King, Councilmember Robin Nichinsky, Councilmember ABSENT: Anant Nambiar, Councilmember ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller Robert P. Wasp, Town Engineer Marc Romero,Assistant to the Town Administrator 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney. Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, the Work Session unanimously opened at 5:04 p.m. WORK SESSION ITEMS 1. Out of Order-Discussion of the'Update on Portions of Section 274-a(8) of the New York Town Law in the Town of Mamaroneck' Law Ralph Engel was in attendance, on behalf of the Planning Board, to participate in the development of this law with the Town Board. The Board discussed with Mr. Engel that when a Planning Board application requires a more extensive review and additional documents are requested, the 62-day clock does not start to run until the application is completed. When an applicant is asked for additional information or missing items, then the clock restarts again. When a complete and final application is turned in, and the Planning Board begins internal deliberations, then the clock starts ticking for the hearing. During a more extensive review, for example, the Planning Board should give a determination or notice to the applicant when their application is complete. Otherwise, the applicant should be on notice that their application is not complete until specific items are provided. The Board then discussed that if either the Planning Board or an applicant is for some reason worried about the 62-day requirement for a hearing, then all of the parties may agree to an extension. If there is no agreement, then the applicant must start over, so most would therefore agree. Council members did not want to fix a problem that does not exist. Noting that there is always the option of an extension to extend the date when the hearing will be held, it was preferred for the 90-day requirement to be amended only for the summer. Page 161 of 170 Town Board June 26, 2024 2. Discussion -2025 Budget Calendar The Town Board discussed potential changes to the 2025 Budget Calendar. Town Supervisor Elkind Eney wanted the Board to set aside 10/21/24 through 11/13/24 for budget work. The Town Supervisor reminded the group that a key takeaway from last year was the Town Board's desire for more time to review and discuss the budget toward the end of the process. Then, the Board noted conflicts with Yom Kippur on October 12th and several days before and the day of November 2nd. In addition, the Board requested to add October 22nd and 23rd, in lieu of the 19th and 24th, to conduct their meetings with various Departments. 3. Discussion -Interim Capital Plan/Budgeting Discussion Town Engineer Robert Wasp presented the Capital Projects Status. (See Attachment A.) Administrator Robson noted what happens when the Town add projects midyear. The Town Administrator agreed to provide a similar status update quarterly on current projects but requested that the Board avoid calling the Town Engineer. The process will be for the Board to then address their questions to the Administrator and the Administrator will consolidate the questions and respond to the Board as a whole. After reviewing and updating the Town Board on the capital projects, Engineer Wasp highlighted that Emma Pennella and Carrol Murray have now been working at the Town for two years. Both have proven capable of steering the Town's large projects, conducting project meetings, and coordinating field efforts. The Town processed 13 bids last year and have already processed 12 this year--and it is only June. The Engineering Department has successfully been putting out bids this year, their calendar is aggressive, and they are not expecting much of a backlog of encumbrances.Administrator Robson added there is constant management and consistent meetings between Administration, the Town Comptroller and the Town Engineer, particularly on these capital projects and the Town's grants. Supervisor Elkind Eney said she is still concerned about the Town of Mamaroneck's level of debt, asking the group how many capital projects do we really need to do? The Board then discussed the Debt Projection Chart(see Attachment B)and the Town's main debt concern is the water treatment plant. Comptroller Yogman highlighted the last chart showing how much debt is for water. See Attachment C. Comptroller Yogman presented the Five-Year Capital Plan (see Attachment D). Then,Administrator Robson reviewed items not yet on the current capital plan, including a one-armed bandit possibly for Sanitation and the possibility of bike lanes. 4. Out of Order-Discussion -9/11 First Responders Memorial Supervisor Elkind Eney introduced Matt McCauley and Alan Wilson. Mr. McCauley presented his extensive experience in the area, including his current legal practice and work with the County's First Responders'9/11 Memorial. The Town Board requested that Town Attorney William Maker, Jr.write up a Town policy on how one might be included on the Town's 9/11 First Responders' Memorial. Then, the Town Board discussed setting up a committee for the decision-making. The Town Supervisor mentioned that earlier today the Town had received the final drawing from the architect. The memorial will include a flame, basically a lantern on a post. The Town still needs to figure out the benches. 5. Out of Order--Proposed WJWW Water Rate Increase Mr. David Birdsall with Westchester Joint Water Works (WJWW)joined the meeting via zoom to present a proposed water rate increase to the Town Board. (See Attachment E.)The Board explained to Mr. Birdsall that the Town cannot bond against non-specific budget items. The Town Board requested more detailed information regarding WJWW's capital plan. The Board requested the actual rate schedule per gallon of the Town versus other surrounding communities. Lastly, the Page 162 of 170 Town Board June 26, 2024 Town Board also requested details on both the Joint and Local System Projects. Mr. Birdsall said if WJWW's knows in advance what the Town's paving projects are, then WJWW can plan for those areas, so the Town will share its paving plans. Mr. Birdsall said there will not be much in surplus looking ahead. WJWW has completed infrastructure projects like the large transmission mains, the UV facilities, and booster stations over the past few years. It has all be rehabilitation at this point. Mr. Birdsall said he can look to break the numbers out on their capital plan. Mr. Birdsall explained that the numbers had increased a bit year on year mostly due to severe supply chain impact. 6. Discussion -Housing Authority- Lease Amendment and Resolution The resolution includes an error, but the Housing Authority have not had a meeting to correct the error. The Housing Authority will need to enact a resolution that captures the changes in terms and requirements. The Town Board agreed to hold off on this until after the next Housing Authority meeting. 7. Request for Executive Session Moved by Councilmember King, seconded by Councilmember Nichinsky, the Town Board entered into Executive Session to discuss the proposed acquisition or sale of property and the employment history of particular individuals. Carried Moved by Councilmember Fiddelman, seconded by Councilmember King, the Town Board unanimously agreed to resume the Work Session. Carried 8. Updates Town Engineer Wasp presented an update on the comprehensive drainage evaluation. Now that we have a report, Engineer Wasp suggested the Town host a public information meeting to present the study results. 9. Additions to Regular Meeting Agenda There were no additions. 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35)or on LMCMedia.orq CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:38 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. SUPERVISOR'S REPORT Welcome to the June 26, 2024, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room A, starting at 5:00pm. The Work Session is open to the public. As most of you are aware, our community experienced a tragic incident last week when a little boy and his mom were struck by a school bus while walking to school. There are no words to describe this horrific accident. Let us all remember that life is fleeting and precious. Take the extra time to ensure your safety and hug your loved ones. Many Murray Avenue School parents have voiced concerns about pedestrian safety along Page 163 of 170 Town Board June 26, 2024 Colonial Avenue and requested that the Town install a sidewalk along one side of Colonial from Weaver Street to Murray Avenue. We heard you! In response to your concerns,we applied for a grant to install the sidewalk as well as associated drainage. On Friday, we learned that we were awarded a State grant in the amount of$1.2 million for the construction of the sidewalk. There is a long process between grant award and construction, but we are on the way. Speaking of grants, the Town also applied for, and was awarded a $74,000 grant to fund a Climate Change Vulnerability Assessment for three locations: Hommocks Road, Boston Post Road and Pryer Manor Road. This will help us create a Climate resiliency plan to help us address climate change. I want to thank the Village of Mamaroneck(VOM)for opening up their dog park to non- residents of the VOM. This is a service that some of our residents have requested, and I appreciate the VOM working with us. Please contact the Village for details and for information on how to sign up. On June 6, the 80th Anniversary of D-Day, Jeff and I attended the Commander's Dinner. It was an opportunity to sit around and chat with the many veterans who live in our community. Not only did they serve our country, but they enrich our community now with their participation. On June 25, Sabrina and I attended an event for Neighbors For Refugees. NFR is an organization whose primary focus is on refugee resettlement. Their model is aimed at getting the new family acclimated to their new home and on the road to self-sufficiency. Our community is enriched by the many immigrant families that have been able to successfully settle here through the efforts of this organization. Next week is July 4. In celebration of that, this Friday, June 28 at 7:00 is the Annual VOM Firefighter's Parade in the Village of Mamaroneck. It is one of my favorite parades all year! In observance of the Holiday, the Town offices will be closed on July 4 and there will be no sanitation services that day. I want congratulate George Latimer and Susan Cacace for winning their primaries yesterday. We look forward to working with them in the future. PUBLIC HEARING(S) 1. Out of Order-"Overnight Parking on Parkland Avenue and Edgewater Place" Law The following Notice of Public Hearing is entered into the record as follows: PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, 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://Imcmedia.org/. The full text of this document can be viewed on the Town's website, Page 164 of 170 Town Board June 26, 2024 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 Moved by Councilmember King, seconded by Councilmember Nichinsky the Public Hearing was unanimously opened. Carried Suzanne Techs, lives on the corner of 1 Edgewater Place. There are six homes on the block. Said she is not alone in not wanting this to happen. Passed the Board photos of people who store their boat trailers year-round on the block. (See Attachment F.) Noted they are a very small block with four children that live on that block alone with a disability. The only place for those children to play is on that street. She would like to pull up in front of her house and unload her groceries. She really does not want to live in an urban environment, rather she left an urban environment to come and live in the Town where it is more peaceful. Does not understand why this law was proposed and is hopeful that the Board does not approve it. She then thanked the Board. Administrator Robson addressed the public. First, on the trailer,we have had some internal conversations about how to deal with trailers on Town streets. We are not there yet, but we are having internal conversations to address the issue. Second, this law addressing parking on Edgewater was the result of a Traffic Committee meeting. It was recommended by the Traffic Committee. Suzanne Tech returned to the podium to clarify that there are 6 houses on Edgewater, four having driveways and two that do not have driveways. Across the street, there are two houses, but it is the side of those houses that face Edgewater(not the front or back). One of those houses have two driveways and the other house has three driveways. Nobody actually living on Edgewater needs additional parking except the two houses next-door and that is who the street parking is for. Who are we accommodating?Why do we need to have parking on our side too?Who does it benefit? Councilmember Fiddelman clarified that there is parking on one side and that would continue to be the case. The Town is simply formalizing overnight parking on the one side, that already had signs that it is allowed. A request was made to the Traffic Committee to make it official and correct the existing condition. The goal is simply to continue to allow parking on one side and to legally permit an existing condition. Ms. Tech agreed that as long as the Board was not proposing to allow overnight parking on the side in front of her house, she is fine with the new law. Moved by Councilmember King, seconded by Councilmember Fiddelman, the Public Hearing was unanimously closed. Carried Moved by Councilmember Fiddelman, seconded by Councilmember King, the following Local law was approved. Carried 2. Out of Order-"Supersession of Portions of Section 274-a (8)of the New York Town Law in the Town of Mamaroneck" Law Page 165 of 170 Town Board June 26, 2024 The following Notice of Public Hearing is entered into the record as follows: PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, 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 timeline 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 Attorney Maker explained the proposed local law. Currently, the law stipulates that a hearing must take place within 62 days. However, due to frequent holidays and vacations, this creates challenges during the summer months. The proposal aims to extend the hearing requirement to 90 days, allowing more flexibility. To enact this change, the Town Board must first supersede New York State law, making this the initial step in a two-step process. Moved by Councilmember King, seconded by Councilmember Nichinsky, the Public Hearing was unanimously opened. Carried Mr. Tyler Proses, residing at 39 Beach Avenue, raised a question. He suggested that if the only reason was that the Planning Board cannot meet during the summer months, then perhaps the law should state 90 days from June 1 to August 31 and remain 60 days for the rest of the year. Attorney Maker acknowledged Mr. Proses' insight and confirmed that Mr. Proses' approach aligns with how the law will be written. The Board thanked Mr. Proses for attending and speaking. Heather Feinman addressed the Board next and asked if this adjustment applies only to business site plans.Attorney Maker clarified that indeed, this change pertains to business site plans. However, he also mentioned that the residential site plan might undergo review and updates separately. The intention is to evaluate how well the practice works and potentially revise the residential site plan law in the fall. Ms. Feinman then inquired about the schedule for Planning Board meetings.Attorney Maker explained that the Planning Board sets its own agenda. Generally, they convene on the second Wednesday of each month. Regarding missed meetings during the summer,Attorney Maker clarified that they do not double up in subsequent months. Instead, they simply skip a meeting. The Town Attorney added that the Chair of the Planning Board shared earlier tonight that over the past 8 years, there has been only one instance where the Planning Board lacked a quorum during a meeting. Page 166 of 170 Town Board June 26, 2024 Moved by Councilmember Nichinsky,seconded by Councilmember King, the Public Hearing was unanimously closed. Carried Moved by Councilmember King, seconded by Councilmember Nichinsky, the following Local law was approved. Carried 3. Out of Order-"Update of the Procedures for Site Plan Review of Non- Residential Development" Law The following Notice of Public Hearing is entered into the record as follows: PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, 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://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: June 12, 202 Moved by Councilmember King, seconded by Councilmember Nichinsky, the Public Hearing was unanimously opened. Carried Attorney Maker explained that this is the more extensive law that changes the site plan review for non-residential applications. It is designed to try to match what the office staff, the Town Engineer, Environmental Planner, Building Inspector and others involved in site plan review, have developed over time and found the process to be comfortable. There is a pre-submission conference, with all involved parties, to discuss the proposal. It is sometimes easier if the applicant knows some of the pitfalls so that they can adjust their applications prior to submission to address any frequent issues. That is the first amendment. The Town Attorney continued to explain that the second amendment talks about the contents of the application,which entails the size of the filings, the fact that some will be electronic and some on paper, and how the various twenty-five requirements, so that the Planning Board know what the applicant wants to do and how it can best be situated on the lot. Then, there is this public hearing which ordinarily will start 62 days after everything has been properly filed. Sometimes when an application is filed, there is something missing. The Planning Board then requests items in a meeting. If that is the case, the applicant solves the issues, comes back, and the 62-day period starts to run in which the Planning Board must open a public hearing. The only difference is that applications between June 1 and August 31, that 62-day timeframe becomes 90 days to accommodate summertime. Then, if a public hearing is closed, the Planning Board will vote on the application and can grant, deny or approve on various conditions. The rest of the statute is very procedural. What to do when the site plan is approved. The site plan is signed and filed in the Building Department. There are Page 167 of 170 Town Board June 26, 2024 penalties for starting to work prematurely. All of this is an attempt to put into the statute that which has been the process for quite some time with a good deal of success. It is a workable system. Applications are processed on a regular basis. People are given the opportunity to either promote or oppose an application. The Planning Board has sufficient information to make their decision. If there are variances required, then the Planning Board will defer until the Board of Appeals has decided to grant a variance or not, and if it does, they will incorporate those variances into the site plan. This is more than simply housekeeping, rather it is an attempt to ensure that the statute matches reality in the Building Department. Moved by Councilmember King, seconded by Councilmember Nichinsky, the Public Hearing was unanimously closed. Carried RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board and there was no one. BOARD OF FIRE COMMISSIONERS Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Fiddelman and seconded by Commissioner King the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky 2. Fire Claims Moved by Councilmember King, seconded by Councilmember Nichinsky, it was RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims in the amount of$3,751.94. See Attachment G. Carried 3. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner Nichinsky, Seconded by Commissioner King, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN OF MAMARONECK Page 168 of 170 Town Board June 26, 2024 1. Consideration of Approval -2025 Budget Calendar—Item deferred to 7/17/24 2. Consideration of Approval - Proposed 2024 Water Rate Increase—Item deferred to 7/17/24 3. Consideration of Approval - Housing Authority-Lease Amendment and Resolution—Item deferred to 7/17/24 4. Consideration of Approval -Certiorari 1 Moved by Councilmember King, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby approves the settlement of the certiorari for QAD Realty LLC, resulting in a refund of$111.38. Carried 5. Consideration of Approval -Certiorari 2 Moved by Councilmember Nichinsky, seconded by Councilmember King, it was RESOLVED that the Town Board hereby approves the settlement of the certiorari for Palmer Professional Associates, resulting in a refund of$710. Carried 6. Consideration of Approval -Salary Authorization -Recreation Department Moved by Councilmember Fiddelman, seconded by Councilmember King, it was RESOLVED that the Town Board hereby approves the appointment of Ethan Samuel to the position of Senior Officer Assistant-Recreation at an annual salary of$61,144, effective no later than July 15, 2024. Carried 7. Consideration of Approval -Salary Authorization -Administrative Aide Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby authorizes the appointment of Christine Canavan to the position of Administrative Aide at an annual salary of $76,000, effective July 22, 2024. Carried REPORTS OF THE COUNCIL Councilmember Fiddelman • Attended two Library meetings. • Attended with Supervisor Elkind Eney a quarterly Library legislators meeting. Thankful to the library staff for arranging. Councilmember King • On Monday attended the CZMC meeting but could not attend the Traffic Committee as it was on the same night. • Today was the last day of school, so please be extra cautious of kids enjoying their summer vacations as you are driving around Town. • There will be a summer concert at Memorial Park on Monday, July 8th, at 7pm, again on July 15t", 22nd and 29t". On Friday night, July 12th the Town will show the movie Page 169 of 170 Town Board June 26, 2024 "Lyle, Lyle Crocodile" beginning at sunset. • JEE commended for moving last movie to hommocks ice rink to sport court to watch movie. Councilmember Nichinsky • Attended Sustainability Collaborative meeting; they will continue to meet over the summer. • On June 15th, Councilmember Nichinsky and Councilmember Fiddelman attended a REALM fundraiser at the Mill House in Larchmont. It featured exhibits and they spoke about an enslaved couple that lived on those premises. The memorial that the REALM group is working on was also discussed. • On the 18th, participated in my once-a-year liaison duty with the Board of Assessment (BAR). It was an educational experience. Councilmember Nichinsky attended all of the scheduled meetings where residents spoke and were heard about their assessments; learned how the assessors do their work; and learned how the BAR reviews complaints. TOWN ATTORNEY'S REPORT Attorney Maker honored the death of Willie Mayes. ADJOURNMENT The Town Supervisor said, I would like to close tonight's Town Board meeting in memory of long-time Town Resident George Roninger, who died on Sunday at age 87. George was a dedicated volunteer in our Community. George was a member of the Larchmont Gardens Civic Association for decades, serving as President for 13 years. In addition, George was a respected member of our Planning Board for 11 years and as a member of the Sustainability Collaborative for 8 years he championed the demise of gas-powered leaf blowers. We send our sincere condolences to his friends and family. George will be missed. RETURN TO EXECUTIVE SESSION Moved by Councilmember Fiddelman,seconded by Councilmember Nichinsky, the Town Board agreed to re-entered into Executive Session to continue to discuss the proposed acquisition or sale of property. Carried Moved by Councilmember King, seconded by Councilmember Nichinsky, the Town Board unanimously agreed to unanimously adjourn the meeting at 10:10 PM. Carried REGULARLY SCHEDULED MEETING -July 17, 2024 Submitted by Allison May, Town Clerk Page 170 of 170