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HomeMy WebLinkAbout2018_06_06 Town Board Meeting Packet 5:00PM THE TOWN BOARD WILL CONVENE IN CONFERENCE ROOM A TO DISCUSS: 1. Update- Police Department 2. Update- Building Security 3. Update- Charitable Donations/Trusts 4. Garden's Lake Pathway Restoration 5. New Business 6. Request for Executive Session 8:00PM CALL TO ORDER—COURTROOM Proclamation- George Roniger- Larchmont Gardens Civic Association Supervisor's Report Public Hearing- Prohibited Overnight Parking on Garit Lane Law (To Be Adjourned) Citizen Comments Board of Fire Commissioners 1. Fire Claims 2. Other Fire Department Business Affairs of Town of Mamaroneck 1. Set Public Hearing- Restricted Parking-North Chatsworth Avenue 2. Authorization- Agreement to Transfer Old Jefferson Street 3. Authorization-Renewal of Caretaker Agreement - Senior Center Building 4. Transfer of Funds - Capital Project#2018-2 Police Department Vehicle 5. Consideration of Certiorari Report of Minutes - April 18, 2018 &May 2, 2018 Reports of the Council Town Clerk's Report Next Regularly Scheduled Meeting- June 20, 2018 Meeting Adjournment Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. • O 9 ° ° Town of Mamaroneck Z County of Westchester ci 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Stephen V. Altieri, Town Administrator Christina Battalia, Town Clerk From: William Maker, Jr. - Town Attorney Subject: Local law regarding firearms in Town buildings Date: May 31, 2018 Attached is a proposed local law regarding prohibiting possession of firearms within the enumerated Town buildings by most people redlined with the changes discussed at the Town Board's May 16th work session. At Chief Creazo's suggestion, I have eliminated the section that allowed employees with special circumstances to apply for the right to carry firearms within the enumerated buildings. l 41 ,►� to Printed on Recycled Paper Local Law No. - 2018 This local law shall be known as the "Banning of Firearms within specified Town Buildings" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: The Town Board is aware of the country's current plague of shootings of, and other types of attacks on, innocent persons in schools, in the workplace, in churches, in places of worship, in other public places, and in homes. The Town Board recognizes that it cannot solve this problem and is mindful of the right to bear arms given to the people by the Second Amendment to the United States Constitution and by New York Civil Rights Law § 4. Balanced against these rights is the Town's objective of providing a safe work environment for Town employees and a safe place for visitors to Town buildings. Weighing these competing points, the Town Board finds that safety is paramount. Therefore this law bans possession of firearms within the Town Buildings identified in this local law by persons, other than those permitted to do so by this law. Section 2—Creation of a new article in a current chapter of the Mamaroneck Code: Chapter 100 of the Code of the Town of Mamaroneck hereby is amended to add the following Article III to it: Chapter 100 Article III: Firearms Banned in Town Buildings § 100-7. Legislative Intent. The Town Board is aware of the country's current plague of shootings of, and other types of attacks on, innocent persons in schools, in the workplace, in churches, in places of worship, in other public places, and in homes. The Town Board recognizes that it cannot solve this problem and is mindful of the right to bear arms given to the people by the Second Amendment to the United States Constitution and by New York Civil Rights Law § 4. Balanced against these rights is the Town's objective of providing a safe work environment for Town employees and a safe place for visitors to Town buildings. Weighing these competing points, the Town Board finds that safety is paramount. Therefore this law bans possession of firearms within the Town Buildings identified in this article by persons, other than those permitted to do so by this law. In enacting this law, the Town Board is relying on the oft-quoted phrase from the Unites States Supreme Court's decision in District of Columbia v Heller,554 US 570, 626(2008): ti "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding . . . laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . ." and the Supreme Court's reiteration of that proposition in McDonald v City of Chicago, Illinois, 561 US 742, 786 (2010) ("We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as . . . 'laws forbidding the carrying of firearms in sensitive places such as schools and government buildings. . . .' "). Preceding Heller and McDonald, the Attorney General of the State of New York, in Informal Opinion No. 89-75, opined that a village, when acting in its proprietary capacity, could ban possession of firearms within Village Hall. In reaching this conclusion, the Attorney General relied upon Barrett v Kunzig, 331 F. Supp. 266, 272 (M.D. Tenn 1971), cert den, 409 US 914 (1972) which had observed: "[I]t would seem clear that the United States Government and its custodian, General Services Administration, could make use of its property as could any private citizen with his home. Hence, it could prevent entry or make such conditions as it deemed proper as a precedent to entry." After Heller, the Tenth Circuit Court of Appeals faced a case where banning the possession of firearms on government property was the issue. In Bonidy v United States Postal Serv., 790 F3d 1121 (10th Cir. 2015), the Court of Appeals upheld the constitutionality of the section of the Code of Federal Regulations that prohibits carrying firearms while on property belonging to the United States Postal Service (39 CFR§232.1 [l]) against a challenge from a person with a permit to carry a concealed weapon. Although the United States Postal Service (USPS) is an arm of the government and not a private company, the Court noted: "As a government-owned business acting as a proprietor rather than as a sovereign, the USPS has broad discretion to govern its business operations according to the rules it deems appropriate. . . . [T]he bans [on possession of firearms] struck down in Heller and McDonald . . . regulated wholly private activity and applied to every citizen within the respective jurisdictions. By contrast, the regulation challenged here applies only to discrete parcels of land owned by the U.S. Postal Service, and affects private citizens only insofar as they are 2 doing business with the USPS on USPS property. And the regulation is directly relevant to the USPS's business objectives, which include providing a safe environment for its patrons and employees." Bonidy, 790 F3d at 1126-27. Finally, this law is compatible with the federal statute (18 USC § 930) that, with certain exceptions, bans the possession of firearms within those buildings owned or leased by the Federal government where employees of the federal government are regularly present for the purpose of performing their official duties. The Town Board, acting in its proprietary capacity as owner of the Town Buildings defined below, enacts the following ban on the possession of firearms in those Town Buildings. § 100-8. Definitions For the purpose of this article, the following terms have these meanings: "Exempt person" means (a) police officers as that term is defined in subdivision thirty-four of section 1.20 of the NY Criminal Procedure Law, (b) peace officers as that term is defined in section 2.10 of the NY Criminal Procedure Law, (c) • -• - - - •- - • --• ' . . - .•ccofth-e St - . _ _ . . - - • - . - individuals in the service of the United States who, whether in pursuit of their official duty, or when authorized by federal law, regulation or order are authorized to possess a firearm, and fie-(d) employees of banking institutions or armored transportation companies whose jobs require them to transport cash, but only when they are performing their duties for their employer. An exempt person has that status under this law whether the person is on-duty or off-duty, or in the case of police officers and peace officers only, whether that officer is actively employed or retired. "Firearm" means an instrument meeting the description contained in any one of the following paragraphs of section 265.00 of the NY Penal Law: (1): Machine-gun (3): Firearm (11): Rifle 3 (12): Shotgun (15-a): Electronic dart gun (15-c): Electronic stun gun (20): Disguised gun (21): Semiautomatic (22): Assault weapon. "Firearm" also includes BB guns, pellet guns, paint ball guns and air pistols or rifles. "Permitted employee" means an employee of the Town of Mamaroneck who obtains permission to carry a firearm in a Town Building pursuant to section 100 12. "Town Building" means the buildings and improvements known by these names and/or postal addresses, but not the parking lots that are adjacent thereto: (a) the Town Center located at 740 West Boston Post Road, Mamaroneck, NY 10543 (b) the Hommocks Park Ice Rink located at 140 Hommocks Road, Larchmont, NY 10538 (c) the Weaver Street Firehouse located at 205 Weaver Street, Larchmont, NY 10538 (d) the Ambulance District Building located at 155 Weaver Street, Larchmont, NY 10538 (e) the Highway Garage Building located at 40 Maxwell Avenue, Larchmont, NY 10538 (f) the Parks Building located within Memorial Park (g) the Senior Citizen Center located at 1228 Boston Post Road, Larchmont, New York 10538 (h) the Sheldrake Environmental Center located at 685 Weaver Street, Larchmont NY 10538. § 100-9. Illegal possession It is a violation of this law for any person, other than an exempt person, to possess a firearm when in a Town Building. § 100-10. Resident Custodians Notwithstanding section 100-9, the custodian who resides at the Senior Citizen Center and the adult members of that custodian's family are allowed to possess within the Senior Citizen Center the firearms which that person is licensed to possess, and the custodian who resides at the Sheldrake Environmental Center and the adult members of that custodian's family are allowed to possess within the Sheldrake Environmental Center the firearms which that person is licensed to possess. § 100-11. Signage Notice of this law's ban on the possession of firearms in Town Buildings shall be posted conspicuously at each public entrance to a Town Building. No person shall be convicted of 4 violating this article if such notice is not so posted, unless such person had actual notice of the ban. § 100-12. Permitted employees. The Chief of Police or the Chief's designee may grant permission to a Town employee to possess in a Town Building the pistol or revolver which that employee has a permit to carry {often called a full carry license). Such permission can be granted only if that employee demonstrates to the satisfaction of the Chief of Police or the Chief's designee that the employee has a special need for self protection that is different from that of the general public. § 100 13. Penalty A person who violates this article shall be charged with a violation and if convicted shall be punished by a fine of not less than five hundred and no/ths ($500.00) dollars and not more than one thousand and no/ths ($1,000.00) dollars. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. May 430 2018 5 • • O9 0110t., 0 Z Town of Mamaroneck w "' Town Center • CUNJE016 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810 FAX: 914/381-7809 townadministrator@townofmamaroneck.org Memorandum To: Supervisor and Town Board Re: Update on Charitable Donations/Trust Date: May 31, 2018 The Town continues to evaluate the process necessary for the acceptance of donations in accordance with the most recent New York State legislation adopted at the end of April 2018. The legislation is intended to provide relief from the revised Federal Tax Law that caps at$10,000 the state and local tax deductions. The process for permitting the Town to accept donations includes the following steps • The Town Board must adopt a resolution establishing a charitable reserve fund to which the donations are transferred. • A local law must be adopted by the Town Board which follows the adoption of the resolution establishing the reserve fund. The local law permits the Town to grant to a donor (taxpayer) a credit on the taxes levied against their property. Upon receiving the donation the Town issues a receipt which is then presented to the Receiver of Taxes. The Receiver of Taxes then issues to the donor an acknowledgement of the donation and issues a credit to the tax bill. The acknowledgement is used by the donor when a deduction is sought on the donor's Federal Tax. The local law adopted by the Town permitting the tax bill credit can authorize a maximum credit of 95%. As an example, if the donation is $1,000, the maximum credit on the tax bill will be $950. The remaining amount stays in the charitable reserve fund and then is transferred into the Town's General Fund at a later date. There are no restrictions on the use of the funds donated to the Town. The donations can be applied to any or all of the separate budget funds. For the Town the greatest challenge is the task of processing the donations, acknowledgements and credits. At this time our tax collection software cannot accommodate a system of giving credits. There is also the question of whether we will be able to accept payments by mail or online due to the need for issuing receipts and acknowledgements. This past week the Town had a preliminary meeting with the School District to work through the communication between the two agencies if and when the donation system is put in place. The School District must collect its own donations and issue the receipts for the tax credits even though the Town is collecting the tax. The thought is that the Town and School will issue a joint release with our own guidelines for the tax t1. Printed on Recycled Paper credit process. In terms of timing we will need to have a procedure worked out with the School by August for their tax credits. The Town has bit more time to arrange a procedure for the collection of donations to the Town. Attached is a set of guidelines just issued by the New York State Department of Taxation and Finance. Stephen V. Altieri Town Administrator TEr-filiW YORK Department Yo K Department of RTU",TY. of State STATE Taxation and Finance Charitable Contributions to Local Governments and School Districts Guidance May 16, 2018 Executive Summary The FY 2019 State Budget authorizes local governments and school districts to establish charitable gift reserve funds and to offer real property tax credits to incentivize contributions to these new local charitable funds. Under the law, which took effect on April 12, 2018, such funds may receive unrestricted charitable contributions for the purposes of addressing education and other charitable purposes. This is an optional program available to counties, cities, towns, villages, and school districts. Key aspects of this program are listed below. • Local governments and school districts may establish a fund to accept voluntary unrestricted charitable contributions. • Donations received in these funds are to be used for charitable purposes. For school districts, these must be used by the district for public educational purposes. • Local governments and school districts are also authorized, by local law for local governments and by resolution for school districts, to establish a property tax credit for those who donate to these charitable funds. • The maximum value of the property tax credit is 95 percent of the value of the contribution. A local government or school district may choose to further limit the amount or percentage of such credit to be allowed in any given fiscal year. • To be eligible for the property tax credit, the donation must be received in the 12- month period prior to the last day prescribed by law that taxes may be paid without interest ur penalties. • The Department of Taxation and Finance has developed forms to be used by local governments and school districts to acknowledge receipt of the donation as well as for the property tax payer to claim the credit. It is important to note that this program is different from a similar program enacted with the FY 2019 State Budget allowing charitable donations to the State. These donations to the State and any related state income tax credit associated with them are separate and distinct from the optional local government/school district charitable contribution fund and property tax credit program outlined in this guidance. Further information on the State program will be forthcoming. This guidance is designed to outline key aspects of the statute. It does not represent legal or tax advice. It is recommended that taxpayers consult a qualified tax advisor regarding their personal situation. 1 Establishment, Administration, and Uses of Charitable Funds This section of the guidance outlines: • how school districts and local governments can establish charitable funds; • how school districts and local governments are to administer these funds, including acknowledging receipt of donations; and • how the contributions received in these funds can be used. Establishment of Charitable Fund — School Districts School districts outside of New York City are authorized to establish, by resolution of their school board, a charitable fund to receive unrestricted charitable monetary donations for use by the district for public educational purposes. This authority is granted in subdivision 44 of section 1604 and subdivision 12-b of section 1709 of the Education Law. These donations must be "unrestricted"—meaning that the donor may not place any special restriction upon the use of donated funds. School districts may only use these funds for the general purposes enumerated in the statute — "public educational purposes." This fund is a public governmental fund, and the monies in this fund are to be deposited and secured like other school district funds, pursuant to section 10 of the General Municipal Law. These funds may be invested like other funds established by the school district, pursuant to section 11 of the General Municipal Law, with any interest or gains from the investments accruing to the charitable fund. The school district is to maintain an accounting of all deposits, interest or capital gain, transfers and expenditures. The New York City School District is also authorized, pursuant to subdivision 54 of section 2590-h of the Education Law, to establish a charitable fund to receive unrestricted charitable monetary donations for use by the district for public educational purposes. Although the framework on how the fund will operate is generally consistent with other school districts (e.g., depositing and investing consistent with General Municipal Law), given the different governance structure in New York City, the Chancellor will determine whether to establish the fund. Charitable Fund Uses — School Districts School districts are to use donations received by the fund for"public educational purposes."At the school board's (or Chancellor's for the New York City School District) discretion, funds shall be transferred from the charitable fund to the general fund for spending consistent with the charitable purposes of the fund. The amount of taxes to be 2 levied by the school district for any school year shall be determined without regard to the transfer. The creation of these charitable contribution funds and the use of resources from these funds will not impact the calculation of the property tax cap. Establishment of Charitable Fund —Counties, Cities, Towns, and Villages The governing boards of counties, cities (including New York City), towns, and villages are authorized to establish a charitable gifts reserve fund to receive unrestricted charitable monetary contributions. This authority is granted in section 6-t (counties and New York City) and section 6-u (all other cities, towns, and villages) in the General Municipal Law. These donations must be "unrestricted"—meaning that the donor may not place any special restriction upon the use of donated funds. Local governments are to use these resources on charitable purposes that they deem appropriate. This fund is a public governmental fund, and the monies in this fund are to be deposited and secured like other local government funds, pursuant to section 10 of the General Municipal Law. These funds may be invested like other funds established by the local government, pursuant to section 11 of the General Municipal Law, with any interest or gains from the investments accruing to the charitable fund. The governing board shall establish a procedure for contributions to the charitable gifts reserve fund, which shall include the provision of a written acknowledgement of the gift to the contributor. The Department of Taxation and Finance has developed this written acknowledgement form, as discussed below. Charitable Fund Uses — Counties, Cities, Towns, and Villages Counties, cities, towns, and villages are to use donations received by the fund for "charitable purposes." The governing board of all counties, cities, towns, and villages has the flexibility to transfer funds from the charitable gifts reserve fund to the general fund or other fund of the local government whenever appropriate so that funds may be used for charitable purposes. For counties and New York City, in addition to any other transfers from the charitable gifts reserve fund made throughout the year, the governing board shall transfer these funds to the general fund or other fund of the local government within 60 days of the close of a fiscal year. The creation of these charitable contribution funds and the use of resources from these funds will not impact the calculation of the property tax cap. 3 Acknowledgement of Donation to the Charitable Fund When a local government/school district receives a donation to the charitable contribution fund, the administrator of the fund or the fund's designated agent shall provide an acknowledgement in duplicate of the donation using the acknowledgement form prescribed by the Department of Taxation and Finance. This form specifies: • the amount of the contribution, • the name and address of the donor, • the day the contribution was received, • a statement that no goods or services were provided in exchange for the donation, and • the signature of the local government/school district administrator of the fund. If a taxpayer wishes to receive a real property tax credit for their contribution, they must present this completed acknowledgement form and a credit claim form to the local government/school district property tax collecting officer, as outlined below. The local government/school district shall ensure that the donor does not receive any goods or services in exchange for the donation. 4 Establishment and Administration of Real Property Tax Credit for Donations to Charitable Funds This section of the guidance outlines: • how school districts and local governments can authorize a real property tax credit for contributions to their charitable funds, including how they can alter the value of the credit; and • how taxpayers can claim the credit, including the timing of donations and applying for a refund of the credit once taxes have been paid. Authorizing Real Property Tax Credits for Contributions to Charitable Funds If a local government or a school district has established a charitable contribution fund, it is authorized to establish a real property tax credit for contributions to the fund. To authorize the real property tax credit, a local government must adopt a local law and a school district must adopt a resolution. This authority is granted in section 980-a of the Real Property Tax Law. The amount of the credit cannot exceed 95 percent of the contribution to the charitable contribution fund. A local government/school district may further limit the value of the credit, by amount or by percentage of contribution, through local law (local governments) or resolution (school districts). After adoption, this lower limit may be adjusted or repealed, but the changes can only apply prospectively—to fiscal years after the current fiscal year. To the extent that contributions to the fund exceed the value of the credits provided, it would be fiscally prudent to not expend these excess resources until a sufficient time has passed to ensure that all credits are fully claimed and refunded, as discussed below. To ensure that the credit can be properly administered, the local government/school district must provide a copy of any such local law/resolution to the collecting officer who collects the taxes of the local government/school district. Eligibility for Tax Credit—Timing and Ownership Donations received in the 12-month period prior to the last day prescribed by law that taxes may be paid without interest or penalties are eligible for a tax credit in that year. For example, if local government property taxes are due on January 31, 2019 for the 2019 property tax bill, then donations made from February 1, 2018 through January 31, 2019 would be eligible for a tax credit on the 2019 local government property tax bill. If school district property taxes are due on September 30, 2019, then donations made 5 from October 1, 2018 through September 30, 2019 would be eligible for a tax credit on the 2019 school district property tax bill. • If taxes are payable in installments, the 12-month period ends on the last day prescribed by law on which the first installment of such taxes may be paid without interest or penalties. • For the "Big 5" school districts (i.e., New York City, Buffalo, Rochester, Syracuse, and Yonkers), the 12-month period ends on the last day prescribed by law on which city taxes may be paid without interest or penalties, or if applicable, on the last day prescribed by law on which the first installment of such taxes may be paid without interest or penalties. • This 12-month period is to be determined regardless of the possibility that the last day on which taxes may be paid without interest or penalties may be extended due to a delay in the first publication of the collecting officer's notice or due to an executive order issued in connection with a state disaster emergency. In order to be eligible for a tax credit for a given property, the donations must come from an owner of the property. Claiming the Credit Along with the donation acknowledgement form received from the local government/ school district when the donation was made, the property taxpayer is to submit a credit claim form to the collecting officer for the local govemment/school district on or before the last day on which taxes may be paid without interest or penalties. The credit claim form has been developed by the Department of Taxation and Finance and includes: • the name of the property owners, • the day and amount of contributions made to the charitable account during that year, and • the address of the property to which the credit claim relates. The collecting officer for the local government/school district will then give a credit to the taxpayer equal to 95 percent of the contribution, or such lower amount as may be prescribed by the local government/school district. This will reduce the tax liability on the parcel accordingly, but may not exceed the property taxes due to that local government/ school district. If property taxes are paid in installments, any excess will be applied to future installments owed for that year. 6 Refund of Credit After Taxes Paid If a property owner fails to present the acknowledgement of donation form and the credit claim form to the collecting officer on or before the last day on which taxes may be paid without interest or penalties, the property owner may present these forms to the local government/school district chief fiscal officer/chief financial officer or their designee and receive a refund of property taxes in the amount of the credit. This refund is not eligible for any interest payments from the local government provided if the local government pays the refund within 45 days of the receipt of the donation form and credit claim form. This request for a refund may be submitted at any time during the three-year period beginning immediately after the last day on which taxes may be paid without interest or penalties. Issuance of Tax Bills Reflecting Credits In addition to the processes for claiming the credit and receiving a refund of taxes described above, a local government may adopt a local law or a school district may adopt a resolution allowing for the issuance of tax bills that reflect any credits that are claimed before the tax warrant is issued or before such other date as specified in the local law/resolution. However, when the taxes for the local government or school district are collected by a collecting officer employed by a different local government or school district, the governing body of the local government/school district that employs the collecting officer must also adopt a resolution agreeing to implement such tax bill reductions. Mortgage Escrow Adjustments The Department of Financial Services, in consultation with the Department of Taxation and Finance, will promulgate regulations related to the adjustment of mortgage escrow accounts to reflect these tax credits. State Income Tax Itemization The amount of the itemized deduction with respect to the taxes paid on a property that may be claimed by a taxpayer on state income taxes is to be reduced by the amount of the credit received. 7 • I • • Contact Information Local government or school district officials with questions can email LocalCharitableContributions(a ny.gov. Disclaimer: This guidance is designed to outline key aspects of the statute. It does not represent legal or tax advice. It is recommended that taxpayers consult a qualified tax advisor regarding their personal situation. 8 Battalia, Christina From: Altieri, Stephen Sent: Monday, June 04, 2018 1:52 PM To: Katz, Abby; Fiddelman, Sabrina; Eney, Jaine; King, Jeffery; Seligson, Nancy Cc: Green ODonnell, Connie; Battalia, Christina; Ferris, Gayle Subject: Gardens Lake Pathway Renovations Attachments: 2018_06_04_Gardens Lake Pathway Restoration.pdf Members of the Town Board: I would like to request an addition to the work session agenda for our June 6 meeting in connection with the restoration of the Gardens Lake and additional improvements at the lake. Today I received the attached memorandum from Dolph Rotfeld Associates. The memorandum explains the alternatives for the improvements and their estimated costs. All costs presented include,in addition to the hard construction work,the cost for design, engineering, preparation of bid specifications and construction administration. The alternatives for the project and their costs are as follows: Restoration of Existing Pathway $ 45,000- 50,000 Construction of Pathway on Thruway Side of the Lake 65,000— 70,000 Installation of Timber Bridge to complete the pathway 90,000 - 95,000 Total $200,000—215,000 There is some sense of urgency on this matter. If the decision is made to go forward with more than the renovation of the existing pathway then the Town will conduct a minimal restoration of the existing path at this time to make the lake path safe and accessible while the larger project is designed. If the decision is made to defer the additional improvements we would then move forward with the full restoration of the existing path. If you find you need additional information,let me know. Thank you. Steve Stephen V. Altieri Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 (P) 914-381-7810 (F) 914-381-7809 1 Dolph Rotfeld Engineering, P.C. MEMO TO: STEVE ALTIERI, TOWN ADMINISTRATOR FROM: DOLPH ROTFELD, P.E., BCEE SUBJECT: GARDENS LAKE DATE: JUNE 4, 2018 As per our discussion and your request,we conducted a pre-design Investigation and budget to build a new walking path on east side of the lake and rehabilitate the existing path. 1. The new four foot wide and about 470 foot long path would be constructed parallel to NYSTA (1-95) property. The path would connect to the existing path just south of the fence gate and be constructed to the area near the lake outlet. Electronic wiring within a two inch diameter PVC would carry wiring from the last lamppost to and along the new path to accommodate about eight to ten Bollard lights. We believe the path construction would consist of four inches base course NYSDOT Item 304.05 and two inches of stone dust over weed block filter fabric between the two. 2. A timber bridge would be constructed in vicinity of the spillway and connect to a path adjacent to Lakeside Drive North. The bridge would be similar to the existing one at the take inlet but of a longer span. 3. The existing path, about 1000 feet long,would be reconstructed in the same fashion as the new path. Constructing all three of the above items including survey, engineering, preparation of plans and specifications,construction administration and inspection,is estimated between $200,000 and$215,000. Dolph Rotfeld Engineering, P.C. Page 2—Gardens Lake Doing only the new path with the Bollard lighting, including survey,engineering, preparation of plans and specifications,construction administration and inspection should be budgeted between $65,000 and$70,000. The bridge should be budgeted between$90,000 to$95,000, if it were to be included in the project. The retrofitting of the existing path should be budgeted at between$45,000 and $50,000,if done at the same time as the proposed new path. Please call if you have any questions. 1 / DR Town of Mamaroneck From: Tony Siligato-Town Comptroller dp Re: Fire Claims Date: June 6,2018 The following Town of Mamaroneck Fire Department claims have been certified by Chief Paul Tortorella and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION AAA Emergency Supply Co. Annual Service on Scott Pak Compressor&Air Analysis,100 PSI Pressure Gauge Ext.repair $ 1,032.75 AAA Emergency Supply Co. Scott Air Pak repair labor charge $ 488.86 Amazon.Com Gilmour full size Zinc Pistol $ 11.04 Cablevision Cable Services for 5/23/18-6/22/18 $ 210.55 CIT Xerox Copier Contract 5/22/18 $ 277.89 Con Edison Fire HQ Gas service 3/30/18-4/30/18 $ 505.95 Chatsworth Cleaners Uniform Cleaning-March 2018 $ 89.17 Ready Refresh Rental for Water Coolers at FD HQ 4/19-5/18/18 $ 122.96 Sound Shore Pest Control Exterminating Services on 4/24/18 $ 65.00 Town of Mam'k PFFA Life Insurance for the Career Staff of 12 for the month of April 2018,two pay periods. $ 188.64 UniFirst Corporation Cleaning supplies for building 5/18&5/11/18 $ 186.77 UniFirst Corporation Cleaning supplies for building 5/25/18 $ 61.01 Villa Maria Pizza Food for Department Drill 5/15/18,Food for Ladder 19 Committee Meeting 5/16/18 $ 208.80 Verizon Fire HQ Gas service 5/10/18-6/9/18 $ 248.96 $ - $ - $ - $ - $ - $ - $ - _ $ - Total: $ 3,698.35 t ‹. ,:, , 0 „ .7_ fr\\ Town of Mamaroneck 7. Town Center x 740 West Boston Post Road,Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810 FAX: 914/381-7809 townadministrator @townofmamaroneck.org Memorandum To: Supervisor and Town Board Re: Set Public Hearing- Restricted Parking- North Chatsworth Avenue Date: May 31, 2018 At the Traffic Committee's last meeting there was a discussion regarding the relatively recent occurrence of commuters parking on North Chatsworth Avenue between Huguenot Drive and Rochelle Road. The commuter parking on the street raises two issues; first, the encroachment of commuter parking on residential streets and second, the visual obstruction caused by the parked vehicles for motorists exiting Huguenot Drive and Rochelle Road. There is also a visual obstruction for the resident at 57 North Chatsworth Avenue when exiting the driveway. The Committee made the decision to discuss at future meetings the issue of commuter parking in residential areas. They did however decide to address the visual obstruction parking by creating parking restrictions. Attached is an excerpt from the Traffic Committee minutes in regard to North Chatsworth Avenue and a proposed local law to create the restricted parking areas. If the Board wishes to consider this further a public hearing could be set for June 20, 2018. 44,- Stephen V. Altieri Town Administrator It t Or Printed on Recycled Paper c Review- North Chatsworth Avenue The Committee received correspondence from Robin Spinogatti and Heather Conner regarding commuter parking and speeding on the street. Correspondence was also received from Nadine and Tomas Nee regarding speeding and parking on the street. The commuter parking is primarily located on the west side of North Chatsworth Avenue between Huguenot St. and Rochelle Road. The committee decided that the issue of commuter parking in the residential areas required further review. Commuter parking may be occurring in other residential areas such as on Maple Hill Drive near Murray Avenue. The committee did however decide to address, at this time, the potential visual obstructions posed by the cars parked on North Chatsworth Avenue. Also the committee sought to improve the safety for vehicles turning left off of Edgewood Avenue onto North Chatsworth Avenue. The committee recommended that the "No Parking Here to Corner" restriction on the west side of North Chatsworth Avenue in front of 57 North Chatsworth Avenue be expanded by two car lengths beyond the north side of the driveway at 57 North Chatsworth Avenue. Also a "No Parking Here to Corner" regulation be established on west side of North Chatsworth Avenue at the intersection of Rochelle Road. The restricted parking zone shall be two car lengths long. f Local Law No. -2018 This local law shall be known as the "Restriction on Parking on a Portion of the West Side of North Chatsworth Avenue near its Intersections with Rochelle Road and Huguenot Drive" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The parking of automobiles on the west side of North Chatsworth Avenue near the corner formed by the intersection of the west side of North Chatsworth Avenue and the south side of Rochelle Road, and near the corner formed by the intersection of the west side of North Chatsworth Avenue and the north side of Huguenot Drive creates visual obstructions for automobiles attempting to enter North Chatsworth Avenue from Rochelle Road and Huguenot Drive. Preventing parking near those corners will improve safety for automobiles and pedestrians. Section 2-Restriction on Parking on a Portion of the West Side of North Chatsworth Avenue near its Intersections with Rochelle Road and Huguenot Drive No motor vehicle shall be parked on the west side of North Chatsworth Avenue within forty(40)feet of its intersection with the southerly side of Rochelle Road. No motor vehicle shall be parked on the west side of North Chatsworth Avenue within sixty(60) feet of its intersection with the northerly side of Huguenot Drive. Section 3-Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surface of North Chatsworth Avenue indicating where and when parking is prohibited by this law. Section 4-Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. May 31,2018 • ° \,vs tre-. ° Town of Mamaroneck Z W m Town Center f " 740 West Boston Post Road,Mamaroneck,NY 10543-3353 . FOUNDED166' • OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810 FAX: 914/381-7809 townadtninistrator@townofmamaroneck.org Memorandum To: Supervisor and Town Board Re: Authorization-Agreement to Transfer Old Jefferson Street Date: May 31, 2018 The Town of Mamaroneck has been discussing with 16 N. Chatsworth Avenue Corporation the potential of transferring what is now known as Old Jefferson Street. Old Jefferson Street is approximately 200 feet long beginning at North Chatsworth Avenue and ending at the entrance to the parking area behind 16 North Chatsworth Avenue. The street no longer serves a public purpose as it is essentially a dead end street. The only property served is 16 North Chatsworth Avenue. Therefore it would appear to be in the Town's best interest to transfer the property to 16 North Chatsworth Avenue Inc. Attached is a copy of the proposed contract of sale for the land setting for the all of the conditions of the sale. The negotiated sale price for the land is $23,000. ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE PROPOSED CONTRACT OF SALE BETWEEN THE TOWN AND 16 NORTH CHATSWORTH CORPORATION FOR THE SALE OF OLD JEFFERSON STREET AND THAT THE TOWN BOARD AUTHORIZE THE TOWN ADMINISTRATOR TO EXECUTE THE CONTRACT. Stephen V. Altieri Town Administrator on ij Printed on Recycled Paper • 05/29/2018 11:11 9148341960 THE CHATSWORTH PAGE 01/04 CONTRACT OF SALE (Vacant Land) This Agreement is dated the 42 ' day of '.12018 and is between The Town of Mamaroneck, whose address is 740 West Boston Post Rdad, Mamaroneck, NY 10543 ("Seller") and 16 N. Chatsworth Ave. Corp. whose address is 16 North Chatsworth Avenue, Larchmont, NY 10538 ("Purchaser"). 1. The Seller shall sell and the Purchaser shall buy the real property described below for the sum of twenty three thousand($23,000)dollars,payable as follows; On the signing of this Contract, the sum of$0 and at the closing of title, the sum of twenty three thousand($23,000)dollars, payable by bank or certified check. 2, The real property is described as follows: A PORTION OF JEFFERSON STREET, IN THE TOWN OF MAMARONECK, NEW YORK ADJACENT TO THE PROPERTY OF THE PURCHASER, AS FURTHER DESCRIBED ON SCHEDULE A ANNEXED HERETO AND SUBJECT TO THE COVENANTS AND RESTRICTIONS SET FORTH BELOW. 3. Upon receipt of the purchase price at the time and in the amount set forth in "1" above, the Seller shall execute and deliver to the Purchaser, a Quitclaim Deed in recordable form, so as to convey whatever title the Seller has to the real property described in paragraph "2", above and on Schedule "A" below, subject to the covenants and restrictions set forth below. The Purchaser shall pay all transfer taxes due as a result of this sale. The deed shall contain a clause which complies with Section 13 of the Lien Law. If the Seller is unable to convey marketable title,the Purchaser may either(a) close title and accept whatever title the Seller can convey or(b) cancel this Contract. In either case,the Seller will not be considered to be in default of this Contract and the Purchaser shall not seek any damages,specific performance of this Contract or an abatement in the purchase price. 4. All adjustments of real estate taxes, assessments and water/sewer charges, if any, shall be conducted in the normal manner for real estate transaction in the locality in which the real property is situated. 5. The Purchaser shall have possession of the real property on the date of the transfer of title unless otherwise agreed to, in writing, by the parties hereto or their attorneys, in which event, all adjustments shall be calculated from the date that the Purchaser takes possession of the real property and the Purchaser shall be obligated to maintain the real property from the date it takes possession. 6. If the Purchaser fails to perform any of the terms, conditions and provisions of this Contract that it is required to perform,the Seller shall give the Purchaser written notice of such default If the Purchaser fails to cure the default, within ten (10) business days after notice has been given, the Seller may terminate this Contract by giving written notice in the same manner that the notice of default may be given. If the Purchaser is in possession of the real property, it shall immediately relinquish same to the Seller. Upon written request by either party,the parties shall execute a formal termination contract. The Purchaser hereby expressly appoints the Seller as the Purchaser's attorney-in-fact for the sole purpose of executing a formal termination of contract if the Purchaser fails to or refuses to execute same within fifteen (15)days after the Seller requests that it do so. The rights afforded the Seller hereunder shall be in addition to those afforded to it by law. 7. This Contract may only be changed or amended in writing signed by the parties hereto. 8. This Contract shall be binding upon the successors and assigns of the parties hereto. 05/29/2018 11:11 9148341960 THE CHATSWORTH PAGE 02/04 ' 9. The deed to be delivered to the Purchaser pursuant to this Contract will contain the following definitions, covenants or reservations: Definitions (a) Prohibited Area means the side of the property described in Schedule "A" that lies within thirty(30)feet of the intersection of North Chatsworth Avenue and the side of the current Jefferson Street that abuts the Seller's park. (b) Prohibited Objects means any item that might be an obstacle, whether permanent or temporary, to vehicles or other forms of equipment attaining access to the Seller's park. Prohibited Action The Purchaser shall not install any Prohibited Object in the Prohibited Area. The Purchaser's Affirmative Obligations (a) The Purchaser shall use the property described in Schedule"A"only for parking by the residents of 16 North Chatsworth Avenue or their invitees, or by vehicles operated by commercial entities while such entities are providing services to the co-operative corporation that owns 16 North Chatsworth Avenue or any of the residents of 16 North Chatsworth Avenue. (b) The property described in Schedule "A" shall become part of the property currently designated on the Seller's assessment map as Section 1, Block 27, Lot 108 so as to form one lot. If required by the Assessor, the Purchaser shall provide its permission to do so. (c) The Purchaser shall prevent any Prohibited Object from being installed in the Prohibited Area. (d) At its sole cost and expense,the Purchaser shall remove any Prohibiter! Object that is installed in the Prohibited Area. (e) The Purchaser shall prevent vehicles from being parked in the Prohibited Area (f) At its sole cost and expense, the Purchaser shall remove any vehicle parked in the Prohibited Area. (g) The Purchaser shall install and maintain adequate striping on the pavement denoting the Prohibited Area and adequate signage along the sides of the Prohibited Area. (h) If the Purchaser does not remove a Prohibited Object from the Prohibited Area within two (2) business days after the Seller gives the Purchaser notice to remove it, the Seller shall have the same right, but not the obligation, to enter upon the property described in Schedule "A" to remove the Prohibited Object from the Prohibited Area. The Purchaser shall reimburse the Seller for all of the 'soft" and "hard"costs incurred in connection with removing Prohibited Objects, including the pro-rated portion of the salaries (including overtime) of Town employees who perform or supervise all or some of the removal, If not paid,the Seller shall have the right to add that cost to the tax imposed by the Seller pursuant to section 102 (20) of the Real Property Tax Law on the property currently designated on the Seller's assessment map as Section 1, Block 27, Lot 108. in addition,the Purchaser shall reimburse the Seller for any costs the Seller Incurs in attempting to collect the cost of performing the removal (e.g. attorney's fees, fees paid to a collection agency, court costs, etc.). If not paid, the Seller shall have the right to add such collection costs to the tax imposed by the Seller pursuant to section 102 (20) of the Real Property Tax Law on the property currently designated on the Seller's assessment map as Section 1, Block 27, Lot 108. 2 05/29/2018 11:11 9148341960 THE CHATSWORTH PAGE 03/04 Permanent Delegation to the Town The Purchaser shall sign the deed conveying the Seller's interest in the property described in Schedule`A'. Its signature thereto shall be the Purchaser's irrevocable request of the Seller's Town Board, pursuant to Vehicle and Traffic Law section 1660-a (or any other statute regarding the same subject matter), to adopt local laws or ordinances that will allow the Seller to regulate traffic within the Prohibited Area in ways permitted by Vehicle and Traffic Law section 1680-a(or any other statute regarding the same subject matter), The Seller's Reservation of Riehta (a) The Seller reserves the right to travel across the property described in Schedule "A" to attain access to the Seller's park for any reason whatsoever. If the Seller disturbs or damages any of the property described in Schedule "A", it, at its sole cost and expense, will restore the area disturbed or damaged as soon as possible (weather permitting) to a condition that will be as close as possible to the condition that will have existed prior to the disturbance or damage. The Seller may delegate the rights reserved by it in this paragraph to any contractor it engages, any other municipal authority or any utility company; provided that such entity agrees to comply with the obligations imposed upon the Seller hereunder. Notwithstanding any such delegation, the Seller shall continue to be responsible to perform those obligations if its delegate fails to do so. (b) The Seller reserves the right to install, maintain, repair or replace such facilities underneath the property described in Schedule 'A" that will allow the Seller to provide such municipal services that are usual or customary for a municipal government to provide at the time of the installation. The Seller shall be responsible for paying all of the costs incurred in connection with work performed pursuant to this paragraph. As soon as possible(weather permitting), the Seller will restore areas that will be disturbed by the work to a condition that will be as close as possible to the condition that will have existed before work commenced. The Seller and its contractors shall use their best efforts to perform the work expeditiously and with the least possible interference with the Purchaser's enjoyment of the property described in Schedule "A' and the building known as 16 North Chatsworth Avenue. The Seller shall be responsible for making sure that the areas disturbed by the work performed pursuant to this paragraph will not be left in a hazardous condition when work ceases at the end of the day. The Seller may delegate the rights reserved by it in this paragraph to any contractor it engages, any other municipal authority or any utility company; provided that such entity agrees to comply with the obligations imposed upon the Seller hereunder. Notwithstanding any such delegation, the Seller shall continue to be responsible to perform those obligations if its delegate fails to do so. 10.The rights granted to the Seller under this Contract and in the deed to be delivered to the Purchaser pursuant to this Contract shall"run with the land", 11..The Seller shall have the right to sue for injunctive relief for the violation of any of the nghts granted to the Seller under this Contract and in the deed to be delivered to the Purchaser pursuant to this Contract. 12.This Contract of Sale is subject to a permissive referendum. 13. The closing shall occur on or about the 14th day after the date that the time to petition for a permissive referendum shall have expired. 3 • 85/29/2018 11:11 9148341960 THE CHATSWORTH PAGE 04/04 14.The acceptance of the deed by the Purchaser shall be deemed to be the full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Contract of Sale. 15.The signatories to this Contract represent to each other that each has the authority from the entity he represents to enter into this Contract on that entity's behalf. In Witness Whereof, the parties have sighed this Contract on the date and year first mentioned herein. The Town of Mamaroneck 16 N.Chatsworth Ave.Corp. By: Steve V.Altieri,Town Administrator By: Arnold Becker,Vice President 4 4,. ,0 ,.s„,_ .5.,,_ o Town of Mamaroneck 2 _ r ni Town Center ~ POUNDED 1661 • 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckny.org TO: Stephen Altieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Assistant Town Administrator DATE: May 31, 2018 SUBJECT: Authorization— Senior Center Caretaker License Agreement Renewal Joseph Cotroneo, an employee of the Larchmont-Mamaroneck Joint Garbage Disposal Commission, and his wife Pamela have served as the caretakers for the Senior Center since 2012. The prior License Agreement covered the period May 1, 2015 through April 30, 2018. As indicated in the proposed agreement, it is being recommended that the current rent remain at$400 per month. The last increase was effective September 1, 2016, whereby the rent was increased from $375 to $400 per month. The rationale for the rent to remain unchanged, is due to the increased usage of the Senior Center to outside parties and community groups. It is anticipated that this trend will continue, especially in the short-term, due to the Fire House not being accessible to the public for use during the renovations. Since the caretaker is responsible for setting up and cleaning up after events and is required to be at the Senior Center during the events, provided a Town employee is not present, this inevitably results in additional work and oversight on the part of the caretaker. Maria Gallagher, the Director of the Senior Center, is very satisfied with the existing caretaker arrangements. The Caretaker Job Description and Responsibilities (Schedule A) which is a part of the agreement, was drafted by Ms. Gallagher and includes the additional job duties the caretaker will be required to perform. Joseph and Pamela Cotroneo have reviewed the proposed agreement and have expressed their interest to continue in their role as caretakers of the Senior Center. Due to the caretaker's License Agreement being similar to a lease agreement, the permissive referendum provisions with respect to the disposition of land apply. Therefore, if the Town Board approves the agreement the Town Clerk must file a notice in the newspaper within ten (10) days after the Town Board's approval and the effective date of the license agreement would be thirty (30) days from the date of approval. ACTION REQUESTED: That the Town Board approve the renewal of the License Agreement between the Town and Joseph and Pamela Cotroneo for the term May 1, 2018 through April 30, 2020, and the extension for one additional two-year period at the option of the Town. LICENSE AGREEMENT AGREEMENT made as of June 2018 between the Town of Mamaroneck ("Licensor") a municipal corporation, with offices at the Town Center, 740 West Boston Post Road, Mamaroneck, New York 10543 and Joseph Cotroneo and Pamela Cotroneo ("Licensees") now residing at 1228 Boston Post Road,Larchmont, New York 10538. WHEREAS, the Licensor is the owner of the premises known as the Senior Center which is located at 1228 Boston Post Road, Larchmont, New York 10538(the"Premises"); and WHEREAS, the Licensor desires to grant a License to the Licensees to inhabit the living quarters on the second floor of the building on the Premises in exchange for a monthly fee and for the provision of certain services by the Licensees with respect to the maintenance of the Premises;and WHEREAS, the Licensees have represented to the Licensor that they are willing and able to perform the services required to be performed by the Licensees under this agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed by and between the parties as follows: 1. The Licensor grants a two year License to the Licensees commencing on May 1, 2018 and ending on April 30, 2020 to inhabit the living quarters on the second floor of the building on the Premises ("Living Quarters"). This License may be revoked by either party at any time on 90 days written notice to the other. The use by the Licensees of any other portion of the 1 Premises, other than the Living Quarters, requires prior approval of the Town Administrator or the Town Administrator's designee. 2. (a)The Licensees agree to pay to the Licensor a License Fee of four hundred and no/100ths ($400.00) dollars per month on or before the first day of each month during the term of this agreement. If the monthly fee is received by the Licensor after the 15th of the month in which it is due, the Licensees shall also pay the Licensor a late fee of twenty-five and no/100ths ($25.00) dollars. (b) The Licensees shall post the sum of seven hundred and fifty and no/100ths ($750.00) dollars to ensure the faithful performance of their duties under this agreement. If the Licensees fail to pay any installment of the monthly License Fee, the Licensor may deduct the unpaid amount from this security and after being notified that the Licensor has done so, the Licensees shall immediately replenish the security so that the amount held as security shall be seven hundred and fifty and no/100ths($750.00) dollars. (c)The Licensees further agree to fulfill the following duties with respect to the Premises as described in Schedule A attached to this agreement. 3. Building maintenance supplies shall be provided by the Town.The Licensees are responsible for restocking paper supplies. The Licensees may advance the cost for any expenses incurred to maintain the Premises, but the Licensees shall not be reimbursed for any advance made by the Licensees in excess of twenty-five and no/100ths ($25.00) dollars without prior approval by the Town Administrator or the Town Administrator's designee. 4. The Licensees have inspected the Living Quarters and agree to accept it in "as-is" 2 condition. The Licensor specifically makes no representations as to the condition of the Living Quarters. 5. The Licensees specifically understand and agree that they are being granted a license to occupy the Living Quarters by this agreement, that this agreement is not a lease, that the Licensees are "licensees" within the meaning of section 713(7) of the New York Real Property Actions and Proceedings Law and that the Licensees do not have and have not been granted an interest in the Premises or the Living Quarters. If a dispute arises between the Licensor and the Licensees, and a Court of competent jurisdiction finds that this agreement grants the Licensees .certain rights commonly granted to a tenant, whether by statute or by common law or by this agreement,the Licensees waive any and all such rights. 6. The Licensees understand that the grant of this License is due to the present status of Joseph Cotroneo ("Employee/Licensee") as an employee of the Larchmont Mamaroneck Joint Garbage Disposal Commission. If the Employee/Licensee is no longer in the employ of the Larchmont Mamaroneck Joint Garbage Disposal Commission, or is not living on the Premises on a full time basis, this agreement shall expire automatically on the 90th day after the Employee/Licensee is no longer an employee of the Larchmont Mamaroneck Joint Garbage Disposal Commission or is no longer living on the Premises on a full time basis without the Licensor having to take any action whatsoever. 7. It is specifically understood by the Licensees that this agreement does not contain or grant to the Employee/Licensee any rights in addition to the rights that the Employee/Licensee may have pursuant to any agreement between the Employee/Licensee and the Licensor or any 3 collective bargaining agreement between the bargaining unit of which the Employee/Licensee is a member and the Licensor. 8. The Licensees will not assign,mortgage or pledge this License nor let or unlet the whole or any part of the Premises, nor make any alterations therein without the written consent of the Licensor. The Licensees will not occupy or use the Premises, nor permit the same to be occupied or used for any business deemed hazardous by the Licensor, without the consent of the Licensor. If the Licensees breach the terms of this paragraph, the Licensor may terminate this agreement upon 24 hours' notice to the Licensees. 9. The Licensees will comply with all the requirements of(i) the Westchester County Board of Health, (ii) all Municipal and State Authorities, (iii) the Licensor's Police and Fire Departments, (iv) the Federal Government and (v) any other Department or Bureau having jurisdiction over the Premises, and will not create or permit any nuisance in the Premises. 10. At the expiration of this agreement, the Licensees will quit and surrender the Premises, in as good a state and condition as reasonable use and wear and tear will permit, damages by the elements excepted. If the Licensees fail to comply with the provisions of this paragraph, the Licensor shall have the right to repair the Premises, deduct the cost thereof from the security posted by the Licensees, and remit the balance of that security, if any, to the Licensees. If the cost of repair exceeds the amount of the security, the Licensees will be liable to the Licensor for such excess. 11. The Licensor shall be exempt from any and all liability for any damages or injury to person or property caused by or resulting from the negligence of either or both of the Licensees. 12. The Licensees will not,nor will the Licensees permit other persons to do anything in 4 or on the Premises, or bring anything into the Premises, or permit anything to be brought into the Premises or to be kept therein, which will increase the rate of fire insurance on the Premises, nor use the Premises or any part thereof, nor suffer or permit its use for any business purpose which could cause an increase in the rate of fire insurance on the Premises. 13. (a)The Licensees shall give the Licensor prompt notice of any fire, accident, damage or dangerous or defective condition. (b)If fire or other casualty is caused by one or both of the Licensees, their employees or invitees, or at the time of the fire or casualty the Licensees are in default in any term of this agreement, then all repairs will be made at Licensees' expense. (c)The Licensor has the right to demolish and/or rebuild the building on the Premises if there is substantial damage to it caused by fire or other casualty, the Licensor may revoke the license granted by this agreement within 120 days after a substantial fire or casualty by giving the Licensees notice of the Licensor's intention to do so. This agreement will end 30 days after the Licensor's cancellation notice to the Licensees. The Licensees must deliver the Living Quarters to the Licensor and quit the Premise on or before the cancellation date in the notice. The cancellation of this agreement pursuant to this paragraph will not release the Licensees from liability pursuant to paragraph 13(b) of this agreement. 14. The Licensees shall carry renter's insurance for the contents of the Living Quarter and an umbrella liability policy in the amount of one hundred thousand and no/100ths ($100,000.00) dollars naming the Town of Mamaroneck as an additional insured. A current certificate of insurance shall be delivered by the Licensees to the Town Administrator's office whenever the policy is renewed or amended. 5 15. The Licensor shall have the right to enter upon the Premises at all reasonable hours of the day to ascertain if the Premises and the building on the Premises are being kept in proper repair and condition. 16. The failure of the Licensor to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Licensor may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants contained herein. 17. If a default be made in any of the covenants herein contained, it shall be lawful for The Licensor to reenter and repossess the Premises. The Licensees hereby expressly waive the service of any notice in writing of intention to reenter, as provided for in any law of the State of New York. 18.The Licensees waive all rights to redeem under any law of the State of New York,if it is found such rights exist by a court of competent jurisdiction. 19. This agreement and the obligation of Licensees to perform all of the terms, conditions and covenants contained herein shall in no way be affected, impaired or excused because the Licensor is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if the Licensor is prevented or delayed from so doing by force majeure. 20. If the license granted by this agreement is revoked and the Licensees have not vacated the Premises on or before the effective date of that revocation, the Licensees shall pay to the Licensor the sum of one hundred dollars and no/100ths ($100.00) dollars per day for every 6 day the Licensees remain in possession thereafter. Payment of such sum shall not be construed as a renewal or extension of this agreement or the creation or grant of a new license to the Licensees. 21. This agreement may be extended for one additional two year period at the option of the Licensor upon the request of the Licensees. The request for an extension must be given by the Licensees by February 1, 2020. Failure to request an extension of this agreement on or before February 1, 2020 will constitute a waiver of the right to make such request. If this agreement is extended, all of the provisions of this agreement shall remain the same except that the Licensor shall have the right to increase the monthly License Fee and the amount of the security by an amount that is no greater than 20%of the License Fee and the security then in effect. 22. Notice shall be deemed to have been given to the Licensor if it is either delivered to the Town Administrator's office or mailed to the Town of Mamaroneck, 740 West Boston Post Road, Mamaroneck, NY 10543, Attention: Town Administrator by certified mail return receipt requested. Notice shall be deemed to have been given to the Licensees if it is either hand delivered to one of the Licensees or mailed to them at 1228 Boston Post Road, Larchmont, New York 10538 by first class mail or by certified mail return receipt requested. 23. This Agreement constitutes the entire understanding between the parties which cannot be changed except in writing signed by the parties hereto. 7 IN WITNESS WHEREOF, the parties hereto have signed their names on the date first written above. TOWN OF MAMARONECK By: Stephen V. Altieri,Town Administrator Joseph Cotroneo Pamela Cotroneo 2018 05-30 License Agreement VFW Cotroneo 8 SCHEDULE A SENIOR CENTER 1288 BOSTON POST ROAD LARCHMONT, NEW YORK 10538 Caretaker Job Description and Responsibilities Maintenance of Senior Center Building The former VFW building is owned by the Town of Mamaroneck. This facility is used as the site of the Town of Mamaroneck Senior Center and Nutrition Program. In addition, other activities and programs sponsored by the Town of Mamaroneck are hosted in the building. In addition, Community Organization may request,with approval,use of the building at specific times. As a result,the building will require regular maintenance, security and compliance with regulations of the Westchester County Health Department. The following describes the custodial and maintenance responsibilities of the building's caretaker. Daily Chores Clean all rooms: sweep, mop and vacuum Empty garbage and receptacles Replenish soap and paper products when necessary Sanitize bathrooms General Guidelines for Building Maintenance • Keep the building and grounds outside the facility free from litter and refuse. • Empty outside garbage when necessary. • No still water will be kept in any part of building between cleanings and water used to clean bathrooms will be discarded after use. • Only keep necessary lights on inside the building when building is not in use. • Thermostat will be kept at 72 degrees when the heat is on. • Adjust lights (outdoor/indoor), heat and air conditioning when necessary. • Remove snow and ice from the stairwells and entrances of the building in the morning prior to the opening of the Senior Center before leaving for work. • Lighting throughout the facility is to be kept operational, including exit lights and replace light bulbs when necessary. • Wash the interior windows of the building as needed. • Check that the building is secured at all times and that the parking lot is only used by authorized vehicles. • Building supplies: Contact the Senior Center Director to arrange for the replenishing of cleaning supplies,paper products, etc. • Notify staff of necessary repairs of all aspects of the building and equipment. • Building repairs: The caretaker is to notify Michael Orchanian, Building Superintendent of any defects in the building that require repair by an outside contractor. The caretaker will make minor repairs in the building where possible. • If an emergency arises, caretaker is to immediately contact Michael Orchanian, Building Superintendent. Additional Responsibilities • Remain in building and accessible when all recreation programs and community group events are taking place, however,presence is not required when a Town employee is at the Senior Center. • Set-up starts for recreation programs only after Senior Center has closed (3:30 pm). • Inside closet doors/kitchen will be locked when outside program is in building. • Cleaning and set-up for next day, taking place only after all recreation programs and participants have left the building. • Follow Senior Center program calendar for set up of daily activities. • Follow hallway calendar of events to prepare rooms for evening and weekend events/programs. • Open and lock doors for programs with the exception of the door to the carpeted room which should remain open at all times. Miscellaneous • Park personal vehicles toward the back of building when the Senior Center is open to the public. O .9 ° Town of Mamaroneck "' Town Center x c>, t " 740 West Boston Post Road, Mamaroneck,NY 10543-3353 FOUNDED166:• OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810 FAX: 914/381-7809 townadministrator@townofmamaroneck.org Memorandum To: Supervisor and Town Board Re: Authorization-Transfer of Funds- Capital Project#2018-2 Police Vehicles Date: May 31, 2018 Capital Project#2018-2, approved by the Town Board earlier this year, was established in the amount of$75,000 for the purchase of two police vehicles. In March of this year one of our Police vehicles inadvertently sideswiped one the Town's snow plows during a snow storm. The Police Vehicle involved was a 2011 Ford Crown Victoria. Based upon the age and condition of the vehicle, the Town's insurance carrier classified it as a total loss. Generally the Town keeps a police vehicle for eight years so it was at the end of its life cycle. The Town received an insurance settlement amount of$28,400. In view of these circumstances and the fact that we are in the midst of ordering 2018 vehicles, the recommendation to the Town Board is that a third vehicle be purchased this year. By using the amount of the insurance settlement, and a transfer of funds in the amount of$9,000 a third vehicle could be purchased this year. By replacing the 2011 Crown Victoria the Town eliminates from its fleet one of the last eight cylinder engine vehicles that have poor fuel mileage. Attached is a schedule from the Comptroller increasing the amount of the Police Vehicle capital project to reflect the insurance settlement, transfer of funds and the new expenditure amount. ACTION REQUESTED; THAT THE TOWN BOARD APPROVE THE PURCHASE OF A THIRD POLICE VEHICLE IN 2018 AND THAT THE TOWN BOARD APPROVE THE TRANSFER OF FUNDS IN ACCORDANCE WITH THE COMPTROLLER'S SCHEDULE / Stephen V. Altieri Town Administrator to Printed on Recycled Paper AMEND 2018 CAPITAL PROJECT & BUDGET - (#2018-02 POLICE VEHICLES) 6/6/2018 TOWN BOARD MEETING CAPITAL PROJECTS FUND(FUND H): AMEND BUDGET: EXP H.3120.0400.2018.02 POLICE VEHICLES $ 37,500.00 REV H.0000.5032.2018.02 TRANSFERS FROM PART TOWN FUND $ 37,500.00 (CAPITAL PROJECT#2018-02) (Increase project budget with$37,500 of unreserved Part Town fund balance for the purpose of purchasing a new police vehicle to replace vehicle damaged in accident. ($28,400 insurance recovery from NYMIR) * Original Capital Project Budget.' $ 75,000.00 * Funding source: * TRANSFER FR PART TOWN FUND-2018 TOWN BUDGET $ 75,000.00 * TRANSFER FR PART TOWN FUND-R.O.B. 6/6/18 $ 37,500.00 * Capital Project Budget amended&adopted on 6/6/18: $ 112,500.00