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HomeMy WebLinkAbout2025_02_05 Town Board Minutes o _ ��9_1_ Town of Mamaroneck 0 o Town Board Minutes W 1� j m Wednesday, February 5, 2025, Courtroom, Second Floor of n Town Center 5:00 PM • FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilmember Anant Nambiar, Councilmember ABSENT: Jeffery L. King, Councilmember Robin Nichinsky, Councilmember ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator William Maker Jr., Town Attorney Paul Creazzo, Police Chief Rich Polcari, Building Inspector (via conference call) Marc Romero, Assistant to the Town Administrator Christine Canavan, Assistant to the Town Administrator 5:00 PM THE TOWN BOARD WORK SESSION The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney. Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the Work Session unanimously opened at 5:04 p.m. WORK SESSION ITEMS 1. Out of Order: Executive Session Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, the Town Board agreed to enter into Executive Session to discuss the employment history of a particular person or persons. Carried Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, the Town Board unanimously agreed to resume the Regular Meeting. Carried 2. Out of Order/Additional Item: Town Seal/Logo Discussion The Board discussed the development of a new Town seal/logo as one of their objectives for 2025. Town Supervisor Elkind Eney mentioned reaching out to Tiffany Zezula, of the Pace Land Use Law Center who recently oversaw the Town's Comprehensive Plan, and who recommended a firm called Nexus. Elkind Eney spoke to some of Nexus's principals to learn about their work, which includes public outreach and design. They discussed various outreach methods and the aspects of the Town of Mamaroneck that are important to the community, which could inspire the designs. The firm could either meet with the Town Board first and then conduct public outreach, or vice versa. Town Board February 5, 2025 Jirandy Martinez, Executive Director of the Community Resource Center, joined the meeting at 5:18 PM. Supervisor Elkind Eney recapped the discussion on the Town seal for Ms. Martinez, adding that the price range for redevelopment with Nexus is between $15,000 to $35,000, depending on the level of public engagement. Supervisor Elkind Eney will talk with Ms. Zezula to better estimate the engagement needed for the Town seal/logo redevelopment by understanding the amount of public engagement realized during the Comprehensive Plan's development. Town Administrator Robson suggested talking to other design firms and mentioned she has a list of firms that the Town has considered for other projects. Councilmember Nambiar asked about other towns and villages that may have recently gone through this process and if there is an even simpler way. Supervisor Elkind Eney mentioned Ossining as an example of a town that recently revised their seal/logo. She also believes that significant public engagement will be necessary and added that Nancy Pierson, a member of the Larchmont-Mamaroneck Human Rights Committee, would like to honor the past while finding a bridge to the future. Councilmember Fiddelman agreed with that goal, stressing that a professional designer should create the seal but pointing out the possibility of keeping the arrowhead as an option. Councilmember Nambiar inquired about grants or funds available for these changes, and Administrator Robson said she would check with the Town's grant writers. The Board discussed the desire for Supervisor Elkind Eney to announce the project to the community later tonight during the Supervisor's Report in the regular session. 3. Discussion - Town of Mamaroneck Immigration Policy Supervisor Elkind Eney initiated a discussion about ensuring that the Town's Immigration policy and procedures are aligned with the New York State Attorney General's guidance. Town of Mamaroneck Police Chief Paul Creazzo and Jirandy Martinez, Executive Director of the Community Resource Center, participated in the conversation. Key points of the discussion included: • The need to develop a joint statement among the three local municipalities rather than adopting a new policy. • The importance of communication and resources for language barriers. • Clarifying with the community the differences between local and federal warrants, with a focus on criminal warrants. • Concerns over ICE operations and the impact on the community, emphasizing the need to avoid causing fear. • Establishing a chain of notification for efficient communication of clear and accurate information during incidents. Supervisor Elkind Eney will develop a joint statement amongst the three municipalities based on their current, well-aligned policy. The Board also emphasized the importance of consistent communication between the municipalities to calm the community and avoid misinformation. See Attachment A. 4. Discussion - Easement Agreement — 59 Maple Hill Drive Town Attorney Maker explained that the owners of 59 Maple Hill Drive have proposed adding a sewer line to prevent flooding on their property, which wouldn't impact neighbors directly but might help contain potential flood spillover. This private drain connection to the Town storm sewer catch basin requires an easement agreement. The agreement mandates maintenance access and the restoration of disturbed areas back to Town specification. There are no downsides for the Town. The Town Engineering Department has used this agreement before and recommends authorizing the agreement. Town Board February 5, 2025 5. Discussion - Agreement for Consultant Services for Playground Shade Evaluation & Design Development Administrator Robson explained that last fall, the Town Engineering Department issued a Request for Proposal (RFP) to evaluate and design potential shade improvements at the Memorial Park playground. The scope included evaluating site conditions, comparing improvement options, holding stakeholder meetings, and developing designs with cost estimations. The RFP was initially advertised on the Town's Bidnet portal and sent directly to consultant firms but received no proposals. After further outreach, Labella Associates, an international consulting firm with a strong presence in New York State, submitted a proposal that met the Town's RFP scope. Next, due to the lack of capital budget for 2025, LaBella provided a revised proposal of work for $33,800, excluding bid document preparation and review. The Engineering Department has proposed that $30,000 from their consultant services fund could be used for this project. Future procurement costs will be re-evaluated after the design development process. The Town Administrator recommended that the Board authorize LaBella's proposal to begin site evaluation and design development work, with the possibility of including budget for the work in the 2026 capital projects budget. Supervisor Elkind Eney asked if the agreement could specify including trees in addition to manmade structures, and the Board requested the addition of language in the contract that made it clear the Board has a strong preference for trees and shrubs. 6. Discussion - Rejection of Bid - TA-25-01 2025-2026 Street Sweeping Services Bid procurement was completed for the 2025 and 2026 Street Sweeping Services contract, covering approximately 39 miles of Town roads and seven paved properties. Only one proposal was received, and that proposal significantly exceeded the allocated budget. Previous contractors did not submit proposals. The Engineering Department recommended rejecting this proposal and re-bidding with additional notice to encourage more participation from prospective bidders. 7. Out of Order: Discussion - 2024 LMC Services Agreement Administrator Robson presented the most recent version of the 2024 LMC Services agreement for approval. The Town Board discussed retroactively approving the 2024 agreement with LMC Media Inc. for providing services related to the filming, editing, and broadcast of Town meetings and events for a budget not to exceed $198,800. The only change to the contract from the prior draft is that LMC has asked to limit special coverage to 25 items. The Board agreed. The Board will be asked to approve the 2025 contract at an upcoming meeting, but the contract will require one additional change, which is any equipment purchased with Town funds will be owned by the Town. 8. Out of Order: Discussion - Ambulance District Equipment - Lease Agreement Administrator Robson explained that this lease agreement combines all Town-owned emergency equipment under one master lease agreement, covering maintenance, batteries, and service. The lease, reviewed by Attorney Maker, covers new stretchers, Power Loads, AEDs, Lucas CPR devices, and heart monitors. It consists of two consecutive five-year terms, with equipment replacement at the five-year mark. The expense will be allocated to the budgets of the Ambulance District, Fire Department, Police Department, Recreation, Senior Center, and Town Center based on equipment allocation. Attorney Maker clarified that SF Stryker has the option to renew after five years, not the Town. The annual cost of $203,616 is guaranteed not to increase upon renewal, if SF Stryker agrees to renew the lease agreement for the second five-year term. Councilmember Fiddelman confirmed with Administrator Robson that these expenses are budgeted in the various departments. Town Board February 5, 2025 9. Discussion - Proposed Local Law - "Regulation of Solar Energy" Town Building Inspector Rich Polcari explained, via conference call, that the Town has been using a solar law passed in 2014, and he proposed that the Board now consider New York State's new model solar law. This new law governs the appearance and placement of both free-standing and rooftop solar panels, restricting rooftop panels to 8 inches above the roof. Building Inspector Polcari further explained that the proposed local law aims to permit and regulate solar energy systems, with smaller systems (Tier 1 and Tier 2) allowed in all zoning districts, and larger systems only allowed in specific districts. Amendments to the zoning ordinance mean the Town Board must refer it to the Planning Board, which will then have 45 days to respond. A public hearing could be scheduled for as soon as April 2nd. Councilmember Fiddelman asked about provisions in this law potentially circumventing other laws, particularly the Tree Law and fence heights. Polcari responded that this law would not override the Tree Law and that Tier 3 properties, which are generally much larger and in recreation districts, may benefit from a 7-foot fence height limit, compared to the current 6-foot limit. Higher voltage in these tiers might pose a safety issue, so a 7-foot fence may be safer. Councilmember Fiddelman pointed out that other items in the model law, like prohibiting pesticide use, were unusual. Polcari explained that New York State is promoting pollinator gardens under large solar fields, thus the prohibition of pesticides beneath them. Town Attorney Maker added that these were all part of the model law. Supervisor Elkind Eney added that updating the solar policy aligns with the Town's Climate Smart Community goals. 10. Out of Order: Request for Executive Session Moved by Supervisor Elkind Eney, seconded by Councilmember Nambiar, the Town Board agreed to enter into Executive Session to discuss potential litigation with Larchmont and the employment history of a particular person or persons. Carried Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the Town Board unanimously agreed to resume the Regular Meeting. Carried 11. Updates Councilmember Fiddelman mentioned that the Housing Authority have adopted new policies and procedures for applications and income verification which is similar to what they used last year. The Housing Authority also approved new rental rates for new tenants that are between 9 and 19 percent higher than what their current tenants are paying. They have also approved rents for new tenants that are 9 to 19% higher than the rates for current tenants, and in alignment with the most up to date HUD rates. These rates will not apply to current tenants, only new tenants moving into the complex in the future. Supervisor Elkind Eney informed the Board that the Fire Department's two new trucks should be ready by Memorial Day. The Supervisor added that Noah Goldberg is doing a study of the various types of Fire Department calls to analyze if the Fire Department could better use their resources. 12. Changes to Regular Meeting Agenda 13. Discussion - Budget Committee (DEFERRED) 14. Discussion - 2025 Town Parking Opportunities (DEFERRED) Town Board February 5, 2025 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 Town Supervisor Elkind Eney at 8:04 p.m. The Town Supervisor noted that the Town Board met for a Work Session beginning at 5:00 p.m. this evening, which was open to the public. Welcome to the February 5, 2025, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a work session in Conference Room A, starting at 5:00 pm, which is open to the public. At the work session, we started talking about the town logo. On January 26, I was pleased to attend the ceremonial inauguration of former Westchester County Executive George Latimer as he was locally sworn in by NYS Supreme Court Justice Keri Fiore as our Congressman. Dozens of past and present local, county, state, and federal officials (including Senator Schumer, Governor Hochul, NYS Senate Majority Leader Andrea Stewart-Cousins, and NYS Attorney General Letitia James) attended the ceremony. It was an exciting event. As always, George gave an inspiring and humble speech. We are hopeful about Congressman Latimer's impact in our nation's capital. On January 26, I attended the TMFD Installation Dinner with Sabrina, and Alli, and was honored to swear in the Chiefs and Line Officers. Congratulations to Chief of Department Alex Rapp, 1st Deputy Chief Joseph Russo, and 2nd Deputy Chief David Cremins. The TMFD is always ready, on a moment's notice, to drop what they are doing and put themselves in harm's way to protect our community. On behalf of myself, the Board of Fire Commissioners, and the entire community, I want to express our deep pride and heartfelt gratitude to all of them. They are truly the Town of Mamaroneck's bravest. On January 29, I attended the groundbreaking ceremony for Murphy's Brothers' Contracting's expanded self-storage facility. It is good to see a long-standing, family-owned, local business thriving and growing in our community. February 11th is a special election for the position of County Executive. As you know, George Latimer left the position when he was elected Congressman. The County Board of Legislators appointed Ken Jenkins pending the special election to be held on February 11 . There is early voting from now until February 9. Registered voters can vote at any early voting site during early voting. On February 11 , registered voters must vote at their assigned voting location. For more information, go to the "Our Town, Our Future" section of the Town website and visit the Voter Information Page. There is a storm expected overnight and, as a result, we may have to delay the opening of the Town Center tomorrow and cancel garbage collection. Stay tuned... RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board and there was no one. Town Board February 5, 2025 BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Nambiar, and seconded by Commissioner Fiddelman, 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: Anant Nambiar 2. Fire Claims Moved by Commissioner Nambiar, seconded by Commissioner Fiddelman RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims in the amount of$4,882.73. Carried 3. Fire Report Commissioner Elkind Eney read the Fire Report for the Month of January 2025, as follows: ALARM TYPE NUMBER Generals 33 Minors 19 Stills 3 Out of Town (Mutual Aid) 1 EMS 52 Drills 4 TOTAL 112 Total number of personnel responding: 678 Total time working: 49 hours and 26 minutes. See Attachment B. 4. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner Nambiar, Seconded by Commissioner Fiddelman, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of - Easement Agreement— 59 Maple Hill Drive Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby approves the easement agreement between the Town of Mamaroneck and the Owners of 59 Maple Hill Drive, Larchmont, NY 10538 as presented and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Town Board February 5, 2025 Carried 2. Consideration of - Agreement for Consultant Services for Playground Shade Evaluation & Design Development Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was RESOLVED that the Town Board hereby approves the submitted proposal from La Bella Associates for the evaluation and design of shade remediation at Memorial Park for a budget not to exceed$39,800 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation, subject to the changes discussed. Carried 3. Consideration of - Rejection of Bid - TA-25-01 2025-2026 Street Sweeping Services Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby rejects Bid TA-25-01 - 2025-2026 Street Sweeping Services because it exceeds budget estimates. Carried 4. Consideration of - Proposed Local Law - "Regulation of Solar Energy" Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby refers the Proposed Local Law- "Regulation of Solar Energy" to the Planning Board for review and recommendations. Carried 5. Consideration of - Ambulance District Equipment - Lease Agreement Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was RESOLVED that the Town Board hereby approves the 5-year lease agreement with Stryker Sales LLC for maintenance of Ambulance District equipment for an annual amount not to exceed$203,616.00 (with optional renewal with the same terms for an additional 5 years) and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 6. Consideration of - 2024 LMC Services Agreement Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby retroactively approves the 2024 agreement with LMC Media Inc. for providing services relating to the filming, editing and broadcast of Town meetings and events from January 1, 2024, through December 31, 2024, for a budget not to exceed$198,800 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried Town Board February 5, 2025 7. Consideration of - Salary Authorization - Police Department Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was RESOLVED that the Town Board hereby approves the appointment of Mr. Kenneth Willams as a Probationary Police Officer, effective February 6, 2025, at an annual salary of$78,171.00. Carried 8. Consideration of - Salary Authorization & Promotion - Police Department Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby retroactively approves the promotion and appointment of Police Officer Robert Rotella to Detective, as of January 1, 2025, at an annual salary of$137,945.00. Carried REPORTS OF MINUTES 1. Report of Minutes of January 22, 2025, and November 20, 2024. Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was RESOLVED that the Town Board hereby approves the minutes of January 22, 2025, and November 20, 2024. Carried REPORTS OF THE COUNCIL Councilmember Nambiar • Missed the last Board meeting and several other events, as he was on vacation with his family in Japan. • The continuation of December's Planning Board meeting will be held on February 19th. Unfortunately, he will miss that as it conflicts with the next Town Board meeting. • There was a STEM alliance screening of `Counted Out' last night. It was about the importance of Math in our society and the need for everyone to be comfortable with numbers. Fewer and fewer people are accomplishing that. About 70 people attended and Councilmember Nambiar was on the panel. It was a great movie and a great discussion. Councilmember Fiddelman • Councilmember Fiddelman agreed that the "Counted Out" event held the previous night made everyone recognize the critical importance of mathematics and the deficiencies and inequities in teaching math in our country. Thanked Councilmember Nambiar for his participation on the panel during the discussion. • Congratulated and expressed gratitude to the three new Chiefs at the Town of Mamaroneck Fire Department. TOWN ATTORNEY'S REPORT A week from today is the start of spring training. It's also the 133rd anniversary of Babe Ruth's birth in 1895. As the 2025 baseball season kicks off, it's certain that someone will mention that the season has already broken a record. Even though there's no professional football or boxing today, figures like Jack Dempsey and Babe Ruth continue to be remembered and celebrated. People still think about and compare current players to Babe Town Board February 5, 2025 Ruth, whose impact on our society remains profound. The baseball gods were wise to have made him. Happy birthday, Babe! RETURN TO WORK SESSION On motion of Councilmember Fiddelman, seconded by Councilmember Nambiar, the meeting was unanimously recessed at 8:35 p.m. and the Board returned to a Work Session in Conference Room A. Carried Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the Town Board agreed to enter into Executive Session to discuss the employment history of particular persons for Boards and Commissions and for the Budget Committee. Carried ADJOURNMENT Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, the Town Board agreed to end their Executive Session and close the meeting at 9pm. Carried REGULARLY SCHEDULED MEETING - February 19, 2025 Submitted by Allison May, Town Clerk Town Board February 5, 2025 Attachment A STATEMENT OF POLICY OF THE TOWN OF MAMARONECK ON IMMIGRATION ENFORCEMENT AND DISCRIMINATION IT IS THE POLICY OF THE TOWN OF MAMARONECK that its law enforcement officials not engage in activities solely for the purpose of enforcing federal immigration laws. In furtherance of that policy: (A) Town of Mamaroneck Police shall not stop,question,interrogate,investigate,or arrest an individual solely on the basis of: (1) Actual or suspected immigration or citizenship status,or (2) A"civil immigration detainer"1 or administrative warrant in the individual's name,including those identified in the National Crime Information Center(NCIC)database. (B) Town of Mamaroneck Police shall not inquire about the immigration status of an individual,including a crime victim,a witness,or a person who calls or approaches the police seeking assistance,unless necessary to investigate criminal activity by that individual. (C) Town of Mamaroneck Police shall not perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law—whether pursuant to 8 U.S.C. §1357(g)or under any other law,regulation,or policy. (D) Town of Mamaroneck Police shall not inquire about or request proof of a person's citizenship, immigration status,or country of origin when providing services or benefits, except where necessary to administer a public program,benefit,or service,or where required by law. (E) Town of Mamaroneck Police shall have a formal Language Assistance Policy for individuals with Limited English Proficiency and provide interpretation or translation services consistent with that policy. The Town of Mamaroneck Police shall not use federal immigration officers as interpreters for law enforcement matters including stops, questioning, interrogation,or arrest. (F) Town of Mamaroneck Police shall record,solely to create the reports described in subsection(1)below,the following for each immigration detainer,notification, transfer,interview,or interrogation request received from federal civil immigration authorities: • The subject individual's race,gender, and age; 1 Town Board February 5, 2025 Attachment A (Cont'd) •Date and time that the subject individual was taken into LEA custody,the location where the individual was held,and the arrest charges; •Date and time of the Town of Mamaroneck Police receipt of the request; •The requesting agency; •The nature of the request; •Immigration or criminal history indicated on the request form,if any; •Whether the request was accompanied by any documentation regarding immigration status or proceedings; • Whether there was a judicial warrant; •Whether a copy of the request was provided to the individual and,if yes,the date and time of notification; •Whether the individual requested to confer with counsel regarding the request; • Town of Mamaroneck Police response to the request,including a decision not to fulfill the request; •If applicable,the date and time that federal authorities took custody of,or were otherwise given access to,the individual;and •The date and time of the individual's release from Town of Mamaroneck Police custody. (1)Town of Mamaroneck Police shall provide semi-annual reports to the Town Board and make publicly available the information collected above in an aggregated form that is stripped of all personal identifiers in order that the Town of Mamaroneck Police and the community may monitor the Town of Mamaroneck Police compliance with all applicable law. IT IS THE FURTHER POLICY OF THE TOWN OF MAMARONECK that its law enforcement officials not honor detainer requests from U.S. Immigration and Customs Enforcement("ICE")or Customs and Border Protection("CBP")without a judicial warrant, except in very limited circumstances. In furtherance of that policy: Town of Mamaroneck Police may respond affirmatively to a"civil immigration detainer"or other request from ICE or CBP to detain or transfer an individual for immigration enforcement or investigation purposes for up to 48 hours ONLY IF the request is accompanied by a judicial warrant,except that the Police may detain a person for up to 48 hours on a detainer if: (A) There is probable cause to believe that the individual has illegally re-entered the country after a previous removal or return,as defined by 8 U.S.C. § 1326,and the 1 A"civil immigration detainer"is sometimes called a"civil immigration warrant." 2 Town Board February 5, 2025 Attachment A (Cont'd) • individual has been convicted at any time of(1)a specifically enumerated set of serious crimes under the New York Penal Law(e.g., Class A felony,attempt of a Class A felony,Class B violent felony,etc.)2,or(2)a federal crime or crime under the law of another state that would constitute a predicate felony conviction, as defined under the New York Penal Law,for any of the preceding felonies;or (B) There is probable cause to believe that the individual has or is engaged in terrorist activity. IT IS THE FURTHER POLICY OF THE TOWN OF MAMARONECK that in those cases in which the Town of Mamaroneck Police do receive federal immigration enforcement requests, the Police shall give the detainee notice of the request and protect the detainee's due process rights.In furtherance of that policy, (A) The Town of Mamaroneck Police shall not delay bail and/or release from custody upon posting of bail solely because of: (1)an individual's immigration or citizenship status,(2)a civil immigration warrant,or(3)an ICE or CBP request— for the purposes of immigration enforcement—for notification about,transfer of, detention of,or interview or interrogation of that individual. (B) Individuals in the custody of the Town of Mamaroneck Police Department shall be subject to the same booking,processing,release,and transfer procedures,policies and practices the Department ordinarily uses,regardless of actual or suspected citizenship or immigration status. (C) Upon receipt of an ICE or CBP detainer,transfer,notification, interview or interrogation request with respect to an immigrant in custody,the Town of Mamaroneck Police shall provide a copy of that request to the individual named in it and inform the individual whether the IPD will comply with the request,before communicating the IPD response to the requesting agency.A copy of the request shall also be transmitted promptly to the Town Administrator and Town Supervisor. IT IS THE FURTHER POLICY OF THE TOWN OF MAMARONECK that the Town of Mamaroneck Police shall not provide ICE or CBP with access to an individual in the IPD's custody nor permit the use of Town facilities to question or interview such individual if ICE's or CBP's sole purpose is enforcement of federal immigration law. 2 The list of serious crimes,based on N.Y.C.Administrative Code § 14-154(a)(6),is attached. 3 Town Board February 5, 2025 Attachment A (Cont'd) IT IS THE FURTHER POLICY OF THE TOWN OF MAMARONECK that,in the absence of a judicial warrant,the Town of Mamaroneck Police shall not honor ICE or CBP requests for certain personal information about an individual.In furtherance of that policy: (A) The Town of Mamaroneck Police may respond affirmatively to an ICE or CBP request for non-public information about an individual,including but not limited to non-public information about an individual's release,home address,or work address,ONLY IF the request is accompanied by a judicial warrant,except that nothing shall prohibit the Police from: (1) sending or receiving from any local,state or federal agency,as required by 8 U.S.C. § 1373,(a)information regarding an individual's country of citizenship,or(b)a statement of the individual's immigration status;or (2) disclosing information about an individual's criminal arrests or convictions,where disclosure of such information is otherwise permitted by state law or required pursuant to subpoena or court order;or (3) disclosing information about an individual's juvenile arrests or delinquency or youthful offender adjudications,where disclosure of such information is otherwise permitted by state law or required pursuant to subpoena or court order. (B) The Town of Mamaroneck Police shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform agency duties and shall prohibit the use or disclosure of such information in any manner that violates federal,state or local law. IT IS THE F, (i.e.,money, jact es,prop`' ,equipmen ofpersonne no •e use. o creae or ass creation of any registry, including a federal r ,that on race, gender, sex ntation, IT IS THE POLICY OF THE TOWN OF MAMARONECK that Town personnel not inquire about or request proof of immigration status or citizenship when providing services or benefits,except where the receipt of such services or benefits is contingent on one's immigration or citizenship status or where such inquiries are otherwise lawfully required by federal,state or local laws. 4 Town Board February 5, 2025 Attachment A (Cont'd) STATEMENT OF POLICY OF THE VILLAGE OF IRVINGTON ON IMIVIIGRATION ENFORCEMENT AND DISCRIMINATION (2/28/17) IT IS THE POLICY OF THE VILLAGE OF IRVINGTON that its law enforcement officials not engage in activities solely for the purpose of enforcing federal immigration laws.In furtherance of that policy: (A) Irvington Police shall not stop,question,interrogate,investigate,or arrest an individual solely on the basis of: (1) Actual or suspected immigration or citizenship status,or (2) A"civil immigration detainer"' or administrative warrant in the individual's name,including those identified in the National Crime Information Center(NCIC)database. (B) Irvington Police shall not inquire about the immigration status of an individual, including a crime victim,a witness,or a person who calls or approaches the police seeking assistance,unless necessary to investigate criminal activity by that individual. (C) Irvington Police shall not perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law—whether pursuant to 8 U.S.C. §1357(g)or under any other law,regulation,or policy. IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that its law enforcement officials not honor detainer requests from U.S.Immigration and Customs Enforcement("ICE") or Customs and Border Protection("CBP")without a judicial warrant,except in very limited circumstances. In furtherance of that policy: Irvington Police may respond affirmatively to a"civil immigration detainer"or other request from ICE or CBP to detain or transfer an individual for immigration enforcement or investigation purposes for up to 48 hours ONLY IF the request is accompanied by a judicial warrant,except that the Police may detain a person for up to 48 hours on a detainer if: (A) There is probable cause to believe that the individual has illegally re-entered the country after a previous removal or return,as defined by 8 U.S.C. § 1326,and the 1 A"civil immigration detainer"is sometimes called a"civil immigration warrant." 1 Town Board February 5, 2025 Attachment A (Cont'd) individual has been convicted at any time of(1)a specifically enumerated set of serious crimes under the New York Penal Law(e.g.,Class A felony,attempt of a Class A felony,Class B violent felony,etc.)2,or(2)a federal crime or crime under the law of another state that would constitute a predicate felony conviction, as defined under the New York Penal Law,for any of the preceding felonies;or (B) There is probable cause to believe that the individual has or is engaged in terrorist activity. IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that in those cases in which the Irvington Police do receive federal immigration enforcement requests,the Police shall give the detainee notice of the request and protect the detainee's due process rights.In furtherance of that policy, (A) The Irvington Police shall not delay bail and/or release from custody upon posting of bail solely because of:(1)an individual's immigration or citizenship status,(2) a civil immigration warrant,or(3)an ICE or CBP request—for the purposes of immigration enforcement—for notification about,transfer of,detention of,or interview or interrogation of that individual. (B) Individuals in the custody of the Irvington Police Department shall be subject to the same booking,processing,release,and transfer procedures,policies and practices the Department ordinarily uses,regardless of actual or suspected citizenship or immigration status. (C) Upon receipt of an ICE or CBP detainer,transfer,notification,interview or interrogation request with respect to an immigrant in custody,the Irvington Police shall provide a copy of that request to the individual named in it and inform the individual whether the IPD will comply with the request,before communicating the IPD response to the requesting agency.A copy of the request shall also be transmitted promptly to the Village Administrator and Mayor. IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that the Irvington Police shall not provide ICE or CBP with access to an individual in the IPD's custody nor permit the use of Village facilities to question or interview such individual if ICE's or CBP's sole purpose is enforcement of federal immigration law. 2 The list of serious crimes,based on N.Y.C.Administrative Code § 14-154(a)(6),is attached. 2 Town Board February 5, 2025 Attachment A (Cont'd) IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that,in the absence of a judicial warrant,the Irvington Police shall not honor ICE or CBP requests for certain personal information about an individual.In furtherance of that policy: (A) The Irvington Police may respond affirmatively to an ICE or CBP request for non-public information about an individual,including but not limited to non- public information about an individual's release,home address,or work address, ONLY IF the request is accompanied by a judicial warrant,except that nothing shall prohibit the Police from: (1) sending or receiving from any local,state or federal agency,as required by 8 U.S.C. § 1373,(a)information regarding an individual's country of citizenship,or(b)a statement of the individual's immigration status;or (2) disclosing information about an individual's criminal arrests or convictions,where disclosure of such information is otherwise permitted by state law or required pursuant to subpoena or court order;or (3) disclosing information about an individual's juvenile arrests or delinquency or youthful offender adjudications,where disclosure of such information is otherwise permitted by state law or required pursuant to subpoena or court order. (B) The Irvington Police shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform agency duties and shall prohibit the use or disclosure of such information in any manner that violates federal,state or local law. IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that Village resources (i.e.,money,facilities,property,equipment or personnel)not be used to create or assist in the creation of any registry,including a federal registry,that is based on race,gender,sexual orientation,religion,ethnicity or national origin. IT IS THE POLICY OF THE VILLAGE OF IRVINGTON that Village personnel not inquire about or request proof of immigration status or citizenship when providing services or benefits, except where the receipt of such services or benefits is contingent on one's immigration or citizenship status or where such inquiries are otherwise lawfully required by federal,state or local laws. 3 Town Board February 5, 2025 Attachment A (Cont'd) Revised:2/22/2018 ACT 19 - 2018 TO: HONORABLE BOARD OF LEGISLATORS COUNTY OF WESTCHESTER Your Committee recommends passage of"An Act regarding the policy of the County of Westchester regarding the treatment of individuals relating to their Citizenship or Immigration Status." Your Committee is aware that many immigrants are frightened to cooperate with law enforcement when they need assistance in their home community. In a study by the University of Illinois,45%of Latinos stated that they are less likely to voluntarily offer information about crimes and are less likely to report a crime because they are afraid the police will ask them or people they know about their immigration status) Meanwhile, 70%of undocumented immigrants report that they are less likely to contact law enforcement authorities if they are a victim of a crime,according to the same report. This undermines the safety of all Westchester residents. Your Committee is also aware that only about 690,000(6.3%)of the approximately 11 million unauthorized immigrants estimated to be in the United States have been convicted of a felony or serious misdemeanor.2 Your Committee believes that the proposed Act will ensure that all county residents are treated fairly in any part of the justice system and that immigrants will be more confident in working with law enforcement. Law enforcement authorities seek to facilitate cooperation and develop relationships with immigrant communities in the investigation and prosecution of crime. I See http:/hvww.policvlink.ora/sites/defult/filesTINSECURE COMMUNITIES REPORT_FINAL.pcif. 2 See https://www.migrationpolicyorz/research/understanding-potential-impact-executive-action- i mmi grati on-enforcement. 1 Town Board February 5, 2025 Attachment A (Cont'd) Revised:2/22/2018 This proposed Act includes provisions to encourage cooperation and foster positive relations between county residents and law enforcement. Ultimately this Act will improve public safety for all of Westchester's residents. Your Committee finds that although all Westchester County departments and agencies and particularly the Departments of Public Safety,Correction and Probation are required to follow all federal immigration laws,this proposed Act will ensure that individuals are not stereotyped or discriminated against by providing that County employees shall not inquire as to immigration status or detain a person based solely on immigration status. This proposed Act also provides that County employees shall not affirmatively communicate with federal immigration authorities unless otherwise required to by federal law or for purposes of a criminal investigation,and will allow individuals being interviewed by federal immigration authorities the opportunity to have counsel present. This Act requires compliance with all federal immigration legislation,regulations and state law. Your Committee is aware that the 4th Amendment to the United States Constitution protects us from unlawful search and seizure. Accordingly,the proposed Act provides that an inmate's release from custody shall not be delayed for a suspected federal immigration offense in the absence of a judicial warrant or probable cause to believe the inmate has committed an 4 additional,non-immigration related crime. 01 Your Committee is advised that this proposed Act will prohibit affirmative communication with federal immigration authorities regarding an individual's immigration status 2 Town Board February 5, 2025 Attachment A (Cont'd) Revised:2J22/2018 unless said communication is required by state or federal law,or is related to the investigation of a possible non-immigration related crime. In the event confidential or non-public information is shared with federal immigration authorities,notification will be provided to the individual and the individual's attorney,if any. To be clear,in compliance with federal law(8 U.S.C. § 1373), nothing in this proposed Act prohibits the County from sending or receiving information from any local,state or federal agency regarding an individual's citizenship or immigration status,so long as such communication is otherwise required by state or federal law. The proposed Act does not shield anyone involved in criminal conduct. The proposed Act does not create a sanctuary for anyone involved in criminal conduct nor is it a sanctuary as to any law enforcement,investigation,prosecution or imprisonment after having been found guilty of a crime. Rather, it facilitates law enforcement investigation and prosecution of criminal offenses. Your Committee has been advised that a federal court recently concluded that Section 1373 imposes no affirmative duty on a local government to actively cooperate with federal immigration authorities. See City of Chicago v. Sessions,264 F. Supp.3d 933(N.D.M. 2017). Notably,the Attorney General of the United States has also taken the position that Section 1373 imposes no affirmative duty on local governments to actively coordinate with federal immigration authorities. See City of Chicago v. Sessions,2017 U.S. Dist.Ct.Motions LEXIS 441,at*9-10("In response to the Court's questions,the Attorney General disclaimed,in clear terms,that there were any such obligations,explaining that'the current administration_very much believes in the 10th Amendment and separation of powers,and so affirmative obligations to actually go and employ the regulatory system would be one thing,but 1373 doesn't require that at all."). The Attorney General's position instead appears to be that Section 1373 requires 3 Town Board February 5, 2025 Attachment A (Cont'd) Revised:2/22/2018 County personnel to honor requests from federal immigration authorities for an individual's immigration status. See id. at*10("Section 1373 . . .just bars the City from having a policy that bars itself the reporting of that information."). This proposed Act takes the foregoing into account,and sets forth constitutionally permissible procedures that will help assure just and fair treatment for all Westchester County residents. Your Committee is aware that a January 2017 Presidential Executive Order directs the Attorney General to"ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions)are not eligible to receive Federal grants.i3 A May 2017 memorandum from the Attorney General clarifies that"[a]jurisdiction that does not willfully refuse to comply with[S]ection 1373 is not a`sanctuary jurisdiction'as that term is used in[the Executive Order].i4 In part because the proposed Act explicitly mandates compliance with Section 1373 (see§§ 7, 15),your Committee believes it does not put any of Westchester's federal grants at risk. Your Committee is also aware that the withholding of federal grants on the basis of so- called"sanctuary"legislation is the subject of ongoing litigation across the United States. For example, a federal district court in California recently issued a nationwide injunction against any enforcement of the above-quoted portion of the January 2017 Presidential Executive Order. See Cty. of Santa Clara v. Trump,250 F.Supp.3d 497(N.D.Cal.2017). A federal district court in Illinois similarly granted a nationwide injunction against the Attorney General's imposition of, 3 See httas://www.whitehouse.gov/presidential-actions/executive-order-enhancing-public-safety-interior- united-statgs/, °See https://www.iustice.gov/opa/press-release/file/968146/download(emphasis added). 4 Town Board February 5, 2025 Attachment A (Cont'd) Revised:2/22/2018 inter alia,a requirement that local authorities provide federal agents advance notice of the release of individuals suspected of immigration violations as a condition for certain grants. See City of Chi. v. Sessions,264 F.Supp.3d 933 (N.D. 111.2017). And most recently,a federal district court in Pennsylvania conducted a comprehensive examination of the relevant law,and concluded that the City of Philadelphia's policies intended to limit coordination with federal immigration enforcement,which are similar to those in the proposed Act,did not run afoul of Section 1373. See City ofPhila. v. Sessions,No. 17-CV-3894(MMB),2017 U.S.Dist.LEXIS 188954(E.D.Pa.Nov. 15,2017). All of these decisions are currently on appeal to their respective circuit courts,and the County Attorney's office will monitor these appeals for any implications on the proposed Act. An affirmative vote of a majority of the voting strength of your Honorable Board is required for approval of this Act. The effective date for the proposed Act is sixty days after adoption,in order to allow time for County departments to prepare for implementation of the Act's provisions. Finally, as you know,this Honorable Board must comply with the requirements of the State Environmental Quality Review Act("SEQRA"). Your Committee is advised that the Planning Department has reviewed the applicable SEQRA regulations(6 N.Y.C.R.R.Part 617), and has determined that since the proposed action does not"change the use, appearance or condition of any natural resource or structure,"or otherwise affect the environment,with respect to SEQRA,this proposed Act does not constitute an action as defined in 6 N.Y.C.R.R. § 617.2(b),and as such,no further environmental review is required. 5 Town Board February 5, 2025 Attachment A (Cont'd) Revised:2/22/2018 In light of the aforementioned,your Committee,after careful consideration,recommends adoption of this proposed Act. Dated: I tr(?!? 5, 0 0/ White Plains,New York JMN/dhc } FJ L� A .v 7 46,... ,4e,, . . L . r\ (e . 2 wa ,�! .... \ , C v fs-t (-44z , ooit::5 ii ptio.d,/,..., � 6.,a., J .tee-.o P. i a.,,t A,o. P d `w'b'P) ''s-7,4;LL--7--P uhtitt F6 a- - ( wo.P) c,r( Q4 • ithlic (QLovcialok. f�, ,rcct-i- 6 Town Board February 5, 2025 Attachment A (Cont'd) FISCAL IMPACT STATEMENT SUBJECT: Immigration Protection Act J fNO FISCAL IMPACT PROJECTED OPERATING BUDGET IMPACT To Be Completed by Submitting Department and Reviewed by Budget SECTION A-FUND nGENERAL FUND nAIRPORT FUND nSPECIAL DISTRICTS FUND SECTION B-EXPENSES AND REVENUES Total Current Year Expense $ - Total Current Year Revenue $ - Source of Funds(check one): Current Appropriations nTransfer of Existing Appropriations nAdditional Appropriations JOther(explain) Identify Accounts: Potential Related Operating Budget Expenses: Annual Amount $ - Describe: Potential Related Operating Budget Revenues: Annual Amount $ - Describe: This Act fully compiles with all federal immigration legislation,regulations and state law. The County accordingly expects no interruption in receipt of federal aid from the US Department of Justice(DOJ)and Homeland Security(OHS). Anticipated Savings to County and/or Impact on Department Operations: Current Year. DOC believes additional staff,up to two Correction Officers,may be required to maintain compliance with the Act. This analysis Is ongoing. Next Four Years: Prepared by: Ryan Moore g Title: Assistant Budget D Reviewed By e Department: Budget Budget Director Date: February 9,2018 Date: Town Board February 5, 2025 Attachment A (Cont'd) y ester • :`:i .VCOm Memorandum '' Department of Planning TO: Linda Trentacoste Associate County Attorney FROM: David S.Kvinge,AICP,RLA,CFM Director of Environmental Planning DATE: February 8,2018 SUBJECT: STATE ENVIRONMENTAL QUALITY REVIEW FOR IMMIGRANT PROTECTION ACT Pursuant to your request for an environmental review of the above referenced action,the Planning Department has determined that no environmental review is necessary. The action involves an act of the Board of Legislators instituting a policy of the County of Westchester regarding the treatment of individuals relating to their citizenship or immigration status. Since the proposed act does not"change the use,appearance or condition of any natural resource or structure,"or otherwise affect the environment,with respect to the State Environmental Quality Review(SEQR)Act,this does not constitute an action as defined in section 617.2(b)of 6NYCRR Part 617. As such,no environmental review is required. Please contact me if you need any additional information on this matter. DSK/cnm cc: Andrew Ferris,Chief of Staff Paula Friedman,Assistant to the County Executive Debby Linhardt,Committee Coordinator,Board of Legislators Norma Drummond,Acting Commissioner Claudia Maxwell,Associate Environmental Planner Town Board February 5, 2025 Attachment A (Cont'd) As of:3/5/2018 ACT NO. 19 -2018 AN ACT regarding the policy of the County of Westchester regarding the treatment of individuals relating to their Citizenship or Immigration Status. BE IT ENACTED by the County Board of the County of Westchester as follows: Section 1.Definitions: a. Citizenship or Immigration Status means an individual's Citizenship of the United States or any other country and an individual's statutory or regulatory right to reside in or otherwise be present in the United States as determined under the federal Immigration and Nationality Act. b.Federal Immigration Authorities means any agency or individual employed by or acting as an agent of the federal government and charged with enforcement of the civil provisions of the Immigration and Nationality Act,including but not limited to,United States Immigration and Customs Enforcement,United States Customs and Border Protection,and United States Citizenship and Immigration Services. c. County Law Enforcement Agencies (CLEAs)means the employees,agents and officers of the County Departments of Public Safety,Correction,and Probation. d. Civil Immigration Detainer/Hold Request means a request issued pursuant to 8 C.F.R. §287.7,or any similar request by Federal Immigration Authorities asking CLEAs to maintain custody of an individual currently in its custody beyond the time the individual would otherwise be eligible for release,in order to facilitate the individual's transfer to Federal Immigration Authorities,its form and content,including but not limited to United States Department of Homeland Security(DHS)Form I-247A. e.Notification Request means a request from Federal Immigration Authorities to CLEAs asking to be informed of the release date,time,and/or location of an individual,its form and content,including but not limited to DHS Form I-247N. f. Transfer Request means a request from Federal Immigration Authorities to CLEAs asking for the transfer of an individual in custody of CLEAs to Federal Immigration Authorities, its form and content,including but not limited to DHS Form 1-247X. g.Judicial Warrant means a warrant based on probable cause and issued by a federal judge as established in Article Ill of the United States Constitution or a federal magistrate judge, or a judge or magistrate of a court of competent jurisdiction. This does not include an Town Board February 5, 2025 Attachment A (Cont'd) As of:3/5/2018 administrative warrant or any other document issued or signed by employees of the Department of Homeland Security or the Department of Justice relating solely to federal immigration law. h. Confidential Information means any information obtained and/or maintained by CLEAs or other County agencies or employees that has been deemed confidential by federal or state statute or regulation, and/or relating to an individual's sexual orientation,status as a victim of domestic violence or sexual assault,status as a victim of a crime, status as a crime witness,or status as a recipient of public assistance. i.Non-Public Information means information not readily accessible by search within the public domain and/or which requires access to government records not generally available for public review,including but not limited to an individual's home address,work address,email address,past or future release dates,or income tax records. §2. a.Any service provided by any County agency or employee shall be made available to all eligible individuals,regardless of Citizenship or Immigration Status. b.When assessing eligibility for or providing services or benefits,CLEAs and other County agencies and employees shall not inquire about or request proof of Citizenship or Immigration Status,unless the receipt of such services or benefits is contingent upon an Individual's Citizenship or Immigration Status,or when required by federal or state statute, regulation,or case law. When inquiry or request for proof regarding Citizenship or Immigration Status is permitted under this section,such inquiry or request should be limited to that necessary to evaluate eligibility or comply with relevant law. c.County resources shall not be used to create an official registry of Westchester residents for the purposes of targeted immigration profiling based on race,sex,gender identity, sexual orientation,religion,ethnicity,or national origin. §3. CLEAs and other County agencies and employees shall not inquire about or investigate the Citizenship or Immigration Status or country of birth or place of birth of an individual unless: a.Required by federal or state statute,regulation,or case law;or b.Permissible,as determined in Section 2; or c.Related to the investigation of a possible non-immigration related crime;or d.Voluntary and informed consent has been obtained from the individual. §4. CLEAs and other County agencies and employees shall not threaten to contact Federal Immigration Authorities or to transmit any information about any individual's Citizenship or Immigration Status to Federal Immigration Authorities. 2 Town Board February 5, 2025 Attachment A (Cont'd) As of:3/5/2018 §5. CLEAs and other County agencies and employees shall not use County facilities,funds, personnel or other resources for detecting or apprehending individuals based solely on their actual or suspected Citizenship or Immigration Status. §6. CLEAs shall not stop,question,interrogate, investigate,or arrest an individual based upon any one or more of the following: a.Actual or suspected Citizenship or Immigration Status;or b.Actual or suspected country of birth;or c.Existence of an administrative warrant,or Civil Immigration Detainer/Hold Request in the individual's name. §7. a.CLEAs shall not communicate with Federal Immigration Authorities about an individual unless: 1.Required by federal or state statute,regulation,or case law;or 2.Related to the investigation of a possible non-immigration related crime;or 3.There is probable cause to believe that an individual has illegally re-entered the Country after a previous order of removal or return as defined by 8 U.S.C. § 1326, and the individual has been convicted at any time of a felony under New York State Penal Law,or federal crime or crime under the law of another state,either of which would constitute a predicate felony conviction;or 4.There is probable cause to believe that the individual has or is engaged in terrorist activity. b.Subsection(a)does not govern the sending or receiving of information regarding the citizenship or immigration status,lawful or unlawful,of any individual. §8. Nothing in this Act prohibits any CLEAs or other County agencies or employees from sending to or receiving from any local,state,or federal agency—as required by 8 U.S.C. § 1373 —information regarding an individual's Citizenship or Immigration Status. §9. CLEAs and other County agencies and employees shall not provide Federal Immigration Authorities with access to any County equipment or area not available to the general public, unless required by exigent circumstances. 3 Town Board February 5, 2025 Attachment A (Cont'd) As of:3/5/2018 §10. a. Except as provided in Section 7,the CLEAs and other County agencies shall not permit Federal Immigration Authorities to interview an individual in County custody for the sole purpose of enforcing federal immigration laws without a Judicial Warrant or the voluntary and informed consent of the individual,and if any such interview shall take place,the individual shall be provided with the opportunity to have legal counsel present. b. CLEAs and other County agencies shall not permit Federal Immigration Authorities to interview an individual in County custody relating to criminal matters without providing the individual in County custody with the opportunity to have legal counsel present. c.To properly implement this section,CLEAs and other County agencies shall develop written materials to notify individuals in County custody that any such interviews with Federal Immigration Authorities are voluntary,and that the individual may decline to be interviewed or choose to be interviewed only with legal counsel present. Such notice shall be displayed through signage,included in the Department of Correction's inmate handbook,and an information sheet to this effect provided to the individual before being presented to Federal Immigration Authorities. All such documents shall be preapproved by the Board of Legislators,and made available in English,Spanish,Portuguese,French,Haitian Creole,Italian,and any other • language spoken by at least 5%(five per cent)of the County population based on the most recent census. d.Additionally, all individuals in the custody of the Department of Correction shall be notified of the following: i.that information about the individual may be transmitted to one or more Federal Immigration Authorities; ii. that the individual has the right to remain silent and refuse to speak to Federal Immigration Authorities; iii, that the individual has the right to consult an attorney at the individual's expense before contact with Federal Immigration Authorities;and iv.that anything the individual communicates to Federal Immigration Authorities may be used against them. §11. a.CLEAs and other County agencies and employees shall not delay an individual's release from custody because of any one or more of the following: 1.An individual's actual or suspected Citizenship or Immigration Status,place of birth,or country of birth;or 2.A Civil Immigration Detainer/Hold Request;or 4 Town Board February 5, 2025 Attachment A (Cont'd) As of:3/5/2018 3.A request from Federal Immigration Authorities for Notification about,transfer of,detention of,or interview of an individual. b. CLEAs and other County agencies and employees shall not Detain or Transfer an individual based upon a Civil Immigration Detainer/Hold or Transfer Request from Federal Immigration Authorities, unless accompanied by a Judicial Warrant. c.CLEAs and other County agencies and employees shall utilize the same booking, processing,release,and transfer procedures,policies,and practices of that agency for all individuals,regardless of any individual's actual or suspected Citizenship or Immigration Status, place of birth,or country of birth. § 12. Upon receipt of a Civil Immigration Detainer/Hold Request,Notification Request, Transfer Request,or an interview request from Federal Immigration Authorities for an individual in the custody of CLEAs,they shall provide the individual named therein with written notification that the request has been made and a copy of that request. The notification document shall be drafted and made available pursuant to the procedures set forth in Section 10(c). § 13. CLEAs and other County agencies and employees shall not perform the duties of Federal Immigration Authorities,engage in the enforcement of federal immigration law,or accept requests by Federal Immigration Authorities to assist in the enforcement of federal immigration laws. § 14. CLEAs and other County agencies and employees shall not use County facilities,funds, personnel,or other resources for the detention of individuals detained by Federal Immigration Authorities. § 15. a.All CLEAs shall provide prompt written notice to the County Board of any changes in policy or practice regarding interactions with Federal Immigration Authorities relating to civil immigration matters.Within 30 days of its submission to the Board of Legislators, such notice shall be made available to the public on the County's official website and the County Board website. b.All CLEAs shall provide their respective procedures regarding implementation of this Act to the County Board of Legislators and County Human Rights Commission,for dissemination to the public. § 16. The provisions of this Act are severable. If any provision of this Act or its application is held invalid,that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. 5 Town Board February 5, 2025 Attachment A (Cont'd) As of:3/5/2018 § 17. Nothing in this Act shall be construed as creating in any individual a private right of action;however,this Section does not affect an individual's ability to utilize CLEAs' and other County agencies' administrative complaint procedures. §18. This Act shall become effective sixty(60)days after adoption. 6 Town Board February 5, 2025 Attachment A (Cont'd) STATE OF NEW YORK ss. WESTCHESTER COUNTY I HEREBY CERTIFY that I have compared the foregoing Act, Act No. 19 - 2018, with the original on file in my office, and that the same is a correct transcript therefrom, and of the whole, of the said original Act, which was duly adopted by the County Board of Legislators, of the County of Westchester on March 12, 2018, and approved by the County Executive on March 13,2018. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Seal of said County Board of Legislators on this 16 h day of March,2018. alik an erberg The Clerk of the Westchester County Board of Legislators County of Westchester,New York pPR X ct ee =�f eovxrr y� (41, 0l 1683 • Bch\E TAR co�� Town Board February 5, 2025 Attachment A (Cont'd) Westchester Indivisible is a movement of neighbors and friends working together to promote policies and legislation that uphold the values of inclusion,respect,just and non- violence. The following is what Westchester Indivisible shared with members: In anticipation of a second Trump Administration,it has become necessary for municipalities to review their policies concerning immigration enforcement. There are a variety of potential policies municipalities can take to safeguard immigrants, many of which have already been implemented by municipalities in Westchester. Two examples include the Westchester County Immigrant Protection Act("Westchester IPA")and the Village of Irvington's Statement of Policy on Immigration Enforcement and Discrimination ("Irvington Policy"),which were both passed during the first Trump Administration and created various protections for immigrants, including: 1) Prohibiting municipal police from inquiring about an individual's immigration status (Westchester IPA at§3, Irvington Policy at p. 1); 2) Forbidding police from stopping,questioning or interrogating an individual solely because of an individual's immigration status or because of a civil immigration detainer (Westchester IPA at§6, Irvington Policy at p. 1); 3) Forbidding police from performing the functions of a federal immigration officer or otherwise engaging in the enforcement of federal immigration law(Westchester IPA at§ 13, Irvington Policy at p. 1); 4) Forbidding the municipality from transmitting any information concerning individual immigrant status to the federal government unless required by law(Westchester IPA at§7 &8, Irvington Policy at p.3); 5) Forbidding use of the municipality's resources for detecting or apprehending individuals based on their citizenship status(Westchester IPA at§9, Irvington Policy at p. 1); 6) Mandating that municipal services are available to all regardless of immigrant status (Westchester IPA at§2). During the first Trump Administration,the New York Attorney General also issued guidance to local municipalities on the actions that they could take to safeguard immigrants. This guidance is reflected in both the Westchester IPA and the Irvington Policy and is attached. Some of these policies should be adopted via legislation, but others can be adopted unilaterally by mayors/supervisors/police departments. I Town Board February 5, 2025 Attachment A (Cont'd) Town Board February 5, 2025 Attachment B TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE �w Headquarters CHIEF •rI 205 WEAVER STREET LARCH MONT,NEW YORK 10538 WEAVER 834-2100 EMERGENCY !7'1834-2101-NON EMERGENCY _ 834-2438 CHIEF'S OFFICE STREET 834-0922-FAX WWW.TMFD.ORG F p isoN To: Board of Fire Commissioners From: Chief Alexander Rapp Date: February 03,2025 Re: Fire Report for the Month of January 2025 The following report outlines response to calls made during the month of January 2025. It summarizes the nature,the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals 33 Minors 19 Stills 3 Out of Town(Mutual Aid) 1 EMS 52 Drills 4 TOTAL 112 Total number of personnel responding: 678 Total time working: 49 hours and 26 minutes Respectfully Submitted, Chie Alexand r p I