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HomeMy WebLinkAbout2019_03_20 Town Board Meeting Packet W ^ 1- ! FOUNDED 1661 • TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, March 20, 2019 TOWN CENTER COURTROOM 5:00PM THE TOWN BOARD WILL CONVENE IN CONFERENCE ROOM ATO DISCUSS: 1. Discussion- Comprehensive Plan 2. Discussion- Community Solar Project 3. Discussion- Proposed School District I MA 4. Discussion - Reusable Bag Law 5. Review- Bond Counsel Letter- Housing Authority 6. New Business 7. Request for Executive Session 8:00PM CALL TO ORDER— COURTROOM Supervisor's Report Public Hearing Amendment to the Town Code of Ethics Law Citizen Comments Board of Fire Commissioners 1. Fire Claims 2. Other Fire Department Business Affairs of Town of Mamaroneck 1. Authorization- 2019 Town & County Property Tax Warrant 2. Authorization- School District I MA 3. Authorization- Transfer of Funds -Water District 4. Salary Authoirzation - Senior Recreation Leader 5. Salary Authorization - Maintenance Worker Stipend 6. Consideration of Certiorari Report of Minutes Reports of the Council Town Clerk's Report Next Regularly Scheduled Meeting -April 3, 2019 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. 1J/s 44- 9 3 OQ 2,9 - Z �e vo TOWN OF MAMARONECK •J LU m Town Center 'x 740 West Boston Post Road, Mamaroneck, NY 10543-3353 •FOUNDED 1661 • TEL: 914/381-7810 OFFICE OF THE TOWN SUPERVISOR FAX:914/381-7809 supervisor@townofmamaroneckNY.org www.townofmamaroneck.org MEMORANDUM To: Town Board From: Nancy Seligson Re: Reusable Bag Initiative Date: March 15, 2019 I received a call from Jay Peitz of the Food Industry Alliance on Wednesday March 13th. Mr. Peitz is the lobbyist who contacted me and spoke at the public hearing approximately five years ago about the Town's initial draft law for a Reusable Bag legislation. We spoke about the current draft plastic bag ban law discussed at our last Town Board meeting. He made arguments for several changes to the law. I subsequently spoke with Steve Wolk from New Castle, several chief elected officials who have enacted a law and reviewed information from alliances working on the issue. I look forward to discussing it at the March 20th Town Board meeting. Local Law No. - 2019 This local law shall be known as the "Carryout Bags" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The purpose of this local law is to minimize the number of bags that consumers in the Town of Mamaroneck use only once to carry purchased merchandise and to encourage the use of reusable bags. The Town Board finds that single-use carryout bags (i. e. carryout bags that are not reusable bags) have negative impacts upon the environment, such as emission of greenhouse gases and increases in atmospheric acidification in their manufacture, proliferation of litter, pollution of the waters of the Town and the waters beyond the Town, contribution to the volume of solid waste to be collected and disposed of, interference with the function of storm water sewers and drains due to bags becoming lodged in outlets, endangerment of wildlife due to their consumption of indigestible items and by damage to their habitats, both terrestrial and marine. In addition, the manufacture, transportation, recycling and/or disposal of single-use bags require an unnecessary use of resources. The Town Board determines that a shift to reusable bags from single-use bags in most retail transactions will benefit the overall health, safety and welfare of the Town and the environment. The Town Board also finds that a fee for using single-use bags is essential if there is to be a transition from single-use bags to reusable bags because such a fee will encourage consumers to use reusable bags rather than single-use bags or recycled paper bags. Furthermore, the Town Board agrees with the Supreme Court of the State of Colorado which in Colo. Union of Taxpayers Found. v City of Aspen, 418 P.3d 506 (Colo. 2018) held that the imposition of a fee for using single- use bags is not a tax;but a fee designed to promote health, safety and welfare. Section 2-Addition of a new chapter to the Mamaroneck Code: The Code of the Town of Mamaroneck hereby is amended by adding the following new chapter thereto: • Chapter 170 Carryout Bags §170-1. Title. This chapter shall be known as the "Carryout Bags Law of the Town of Mamaroneck." §170-2. Purpose. The purpose of this local law is to minimize the number of bags that consumers in the Town of Mamaroneck use only once to carry purchased merchandise and to encourage the use of reusable bags. The Town Board finds that single-use carryout bags (i. e. carryout bags that are not reusable bags) have negative impacts upon the environment, such as emission of greenhouse gases and increases in atmospheric acidification in their manufacture, proliferation of litter, pollution of the waters of the Town and the waters beyond the Town, contribution to the volume of solid waste to be collected and disposed of, interference with the function of storm water sewers and drains due to bags becoming lodged in outlets, endangerment of wildlife due to their consumption of indigestible items and by damage to their habitats, both terrestrial and marine. In addition, the manufacture, transportation, recycling and/or disposal of single-use bags require an unnecessary use of resources. The Town Board determines that a shift to reusable bags from single-use bags in most retail transactions will benefit the overall health, safety and welfare of the Town and the environment. The Town Board also finds that a fee for using single-use bags is essential if there is to be a transition from single-use bags to reusable bags because such a fee will encourage consumers to use reusable bags rather than single-use bags or recycled paper bags. Furthermore, the Town Board agrees with the Supreme Court of the State of Colorado which in Colo. Union of Taxpayers Found. v City of Aspen, 418 P.3d 506 (Colo. 2018) held that the imposition of a fee for using single- use bags is not a tax;but a fee designed to promote health, safety and welfare. §170-3. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: "Carryout bag" means the packaging used to transport items delivered by a merchant to a consumer at the point of sale. 2 "Carryout bag cost pass-through" means the amount that a consumer must pay to a merchant that supplies the consumer with a recycled paper bag or a reusable bag at the point of sale. "Consumer" means a person who does not intend to resell items received from a merchant in a retail transaction. "Dry cleaners bag" means the packaging used to protect clothing from being soiled when it is returned to a customer by a dry cleaner. "Garment bag" means the packaging used by a consumer to transport clothing purchased by a consumer from the point of sale. "Merchant" means any person or any entity that engages in retail transactions, other than a delicatessen, a not-for-profit organization, a restaurant, or a vendor at a farmer's market. [MOBILE FOOD TRUCKS7?7fl} "Point of sale" means the place where a retail transaction concludes. "Special item bag" means the packaging used by a consumer to transport bakery goods, candy, cookies, fish, flowers, frozen foods, fruits, ice cream, grains, meats, nuts, potted plants, prepared foods, vegetables or yogurts from the point of sale. "Post-consumer materials" means items that cannot be used again for their initially intended purpose but can be recycled into a new product. "Prohibited bag" means a carryout bag that measures less than 28" by 36" in size and is not: a dry cleaners bag, a garment bag, a recycled paper bag, a reusable bag, or a special item bag. "Recycled paper bag" means a bag that contains no old-growth fiber, is acceptable for recycling, contains a minimum of 40% post-consumer materials if rated more than eight-pounds and 20% post-consumer materials if rated less than eight-pounds, is capable of being composted consistent with the timeline and the specifications of the American Society of Testing and Materials (ASTM) as those timelines and specifications may exist from time to time, and has the words "Reusable" or "Recyclable" displayed on its outside. "Retail transaction" means the delivery of items by a merchant to a customer. 3 "Reusable bag" means a bag with handles that is made of cloth or other fabric specifically designed to be capable of carrying 22 pounds for a distance of at least 175 feet at least 125 times, is machine washable or otherwise easily cleaned and disinfected, does not contain lead, cadmium or other heavy materials in amounts, determined to be toxic by applicable state or federal standards or regulations for packaging or reusable bags, and if made of plastic, is no less than 2.25 thousandths of an inch thick. §170-4. Restrictions on carryout bags. A. A merchant shall not provide a prohibited bag as a carryout bag in a retail transaction. This restriction shall not apply to: a pharmacy (including a section of a mercantile establishment that contains a pharmacy), but only with respect to the packaging of prescription medications, or a supermarket, grocery store, convenience food store, food mart, food market, minimart or gasoline station store, but only with respect to the packaging of foods prepared on-site for consumption off-site. B. A merchant shall be allowed to package the items delivered to a consumer at the end of a retail transaction in a carryout bag supplied by the consumer, regardless of its type, and a consumer may leave the point of sale with those items packaged in a carryout bag supplied by the consumer. C. Nothing in this chapter shall prevent a merchant from the delivering, or a consumer from taking, the items delivered by a merchant to a consumer at the end of a retail transaction without placing such items in a bag. §170-5. Distribution of reusable bags and recycled paper bags. A. A merchant may provide a consumer with a reusable bag or a recycled paper bag at the point of sale only if collects from the consumer the carryout bag cost pass-through for each reusable bag or a recycled paper bag that it provides. The carryout bag cost pass-through shall be $0.25 for each reusable bag and $0.10 for each recycled paper bag. A merchant shall not rebate any portion of the carryout bag cost pass-through or provide the consumer with a credit or other reimbursement for any portion of the carryout bag cost pass-through; however, a merchant may issue a credit to a consumer who brings his/her own carryout bag. 4 fi B. Prior to the conclusion of a retail transaction, a merchant must advise the consumer of the carryout bag cost pass-through. §170-6.Exempt retail transactions. The following transactions are exempt from this chapter: (a) newspapers or periodicals delivered to a residence or a business location, (b) yard sales, tag or estate sales and other types of sales conducted by a person at his/her home and (c) items that are delivered by the United States Postal Service or a private courier. §170-7. Penalties for offenses; continuing violations. The penalty for each violation of this chapter shall be**************** 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 the later of , 2019 or its filing with the Secretary of State. February 7,2019 5 (N1/ 0 9O Town of Mamaroneck w rn Town Center I- 7, 740 West Boston Post Road, Mamaroneck, NY 10543-3353 •FOUNDED 1661 • TEL: 914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 saltieri@townofmamaroneckNY.org Memorandum To: Supervisor&Town Board Re: Opinion Letter from Bond Counsel Re: Housing Authority Date: March 15, 2019 The Board may recall, that several months ago, there was discussion regarding the Housing Authority's proposal to construct affordable housing in the Town. There were questions raised regarding the financing of such a project and as such it was decided that we should seek an opinion from our bonding counsel. Attached is the letter from bond counsel. I am forwarding the letter to the Chairman of the Housing Authority for his review. Stephen V. Altieri Town Administrator 4.' Orrick Orrick,Herrington&Sutcliffe LLP 51 West 52nd Street New York,NY 10019-6142 +1 212 506 5000 orrick.com Memo To Town of Mamaroneck From Orrick, Herrington&Sutcliffe LLP Date March 1, 2019 Re Proposed Sale by the Mamaroneck Housing Authority of the Hommocks Park Apartments Project You have advised us that the Mamaroneck Housing Authority (the "Authority") proposes to sell the Hommocks Park Apartments Project (the "Project") to a private developer. The Project was financed by tax-exempt bonds issued by the Authority in 2015 (the "Bonds"). You have asked us to consider the following questions: (1) Can the Housing Authority sell the Project? (2) What effect would the sale of the Project have on the tax-exempt status of the Bonds? (3) If the Project can be sold, can the sale take place prior to the earliest optional redemption date of the Bonds (October 15, 2023)? (4) If proceeds in excess of the amount required to defease or redeem the Bonds (see response to questions 1 and 3), can the excess proceeds be applied to construct a new senior housing project in the Town of Mamaroneck? 1. Can the Housing Authority sell the Project Under applicable law governing the Housing Authority, the Housing Authority may only sell the Project to a not-for-profit corporation created pursuant to Article 2 of the Private Housing Finance Law. Under applicable law governing the Housing Authority and also to avoid interest on the Bonds becoming taxable, proceeds of the sale must be sufficient to and must be applied to defease or redeem the outstanding Bonds. Public Housing Law§ 58 provides that a municipal housing authority (such as the Housing Authority) can, subject to legislative approval of the applicable municipality, sell or lease any municipal project of such authority to a limited-profit housing company, which is a type of not-for-profit corporation created pursuant to Article II of the New York Private Housing Finance Law. There is no statutory authority for the Housing Authority to sell a project to any other type of entity. An entity such as a for-profit housing developer could create a limited profit housing corporation. Public Housing Law§ 58 also provides that in the event of any such sale of a municipal project, the purchase price must be not be less than the amount required to pay and retire, or to make provision for the payment and retirement of, all bonds, notes and other obligations issued by the authority to finance the project cost, and to pay or make provision for the payment of all obligations incurred or to be incurred by the authority as part of the project cost. 4148-0143-1322.2 March 1, 2019 Page 2 orrick Under applicable provisions of the Internal Revenue Code (the "Code"), the Bonds would not remain tax-exempt if the Project was sold. Sale of the Project to any non-governmental entity, including a not-for- profit corporation such as a limited profit housing company, would violate the private use rules applicable to governmental bonds. The Code and underlying regulations provide that in the event of a change in use of governmental bond-financed property, such as the sale of the bond-financed Project to a private entity, certain "remedial actions" can be taken to avoid the bonds becoming taxable. Under these provisions, if the Project was sold to a limited profit housing company, the Bonds would be required to be defeased (or redeemed, if currently callable)within 90 days of the sale. The Housing Authority would also need to notify the IRS of the establishment of the defeasance escrow and comply with other requirements in the Treasury Regulations. 2. Effect of sale on tax-exempt status of the Bonds As discussed above, sale of the Project would violate the private use rules applicable to governmental bonds such as the Bonds, and therefore the Bonds would not remain tax-exempt if the Project was sold. The Bonds would need to be defeased or redeemed as a remedial action if the Project was sold. 3. Can the sale take place prior to the earliest optional redemption date of the Bonds (October 15, 2023) Yes, but the Bonds would need to be defeased to the maturity date (for Bonds that mature prior to the earliest optional redemption date) or to October 15, 2023 and then redeemed on October 15, 2023, as applicable. Defeasance of the Bonds requires depositing funds in an escrow account sufficient to provide for payment of all interest due up to and on the applicable maturity or redemption date and for payment of principal on the applicable maturity and redemption dates. 4. Can any excess proceeds from the sale be applied to construct a new project Section 39 of the Public Housing Law provides that housing authorities such as the Housing Authority may undertake projects with funds obtained solely from the sale of its bonds to entities other than governments if the applicable municipality approves the projects in the manner provided for approval of projects involving municipal aid, and there is no provision in the Public Housing Law that would prohibit the Authority from applying excess proceeds to construct a new project. 4148-0143-1322.2 /s 4+ 6 3 —ao — ici TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE 2019.0315 LARCHMONT-MAMARONECK HEALTHY YARDS PROJECT—OVERVIEW Mission Statement: The Larchmont Mamaroneck Healthy Yards Project is dedicated to helping residents maintain safe, appealing and sustainable lawns and gardens. The use of pesticides on lawns,gardens and trees jeopardizes our health and especially that of our children, pets, even birds and other pollinators. Scientific studies have demonstrated a link between pesticides and both human and canine cancers, hormonal imbalances, neurological impairments, congenital disabilities, respiratory effects and developmental disorders. Pesticides also seep through the ground and enter our waterways, damaging water quality and marine life. The Larchmont Mamaroneck Healthy Yards Project is dedicated to presenting our community with safe alternatives for beautiful outdoor spaces. Whether you work with landscape professionals or tend your own garden, Larchmont Mamaroneck Healthy Yards Project invites you to see how easy and affordable it is to enjoy a healthy yard. The Healthy Yards Project will introduce you to: • Safe alternatives for maintaining a beautiful garden without pesticides and herbicides. • Recommendations for native plants best suited to our region that need little care • Announcements about Healthy Yard activities, resources and community events The Healthy Yards Pledge: • I pledge to maintain a healthy yard by avoiding pesticides and herbicides in order to protect people, pets and our community. References from the Healthy Yards Project source book: • "Because pesticides are particularly harmful to children, we advocate against their use for cosmetic and routine lawn care in residential and public spaces. " Children's Environmental Health Center, Icahn School of Medicine at Mount Sinai • "Safe and effective alternatives exist for most chemical pesticides and fertilizers.There is no need to expose our families,communities and local wildlife to chemicals that are known for potential hazards. Switching to a chemical free yard has many advantages." New York State Department of Environmental Conservation TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE 2019.031! HEALTHY YARDS PROJECT— BUDGET REQUEST 1 FOR 2019 TO: ToM Board Liaison,ToM Supervsior,ToM Board RE: Budget Request—Larchmont-Mamaroneck Healthy Yards Initiative Within the context of the 2019 ToM Collaborative Budget, and understanding that the Healthy Yards Project is a part of the Collaborative's 2019 Goals and Objectives(see attached),the Collaborative wishes to request the immediate funding for the following items as part of the Healthy Yards Program's Launch and Initial Program Objectives: No. Item 2019 Budget Current Budget Request 1 Create printed handouts, Info/Ed cards for Launch events $250 $125 2 Banners to publicize Healthy Yards Program $250 $125 3 Create tri-fold for Community Outreach & Education $350 $200 4 Yard Signs &Stems—fabrication &distribution $500 $500 5 Healthy Yard specialty books for Early Adopters $325 $100 6 Monarch Butterfly-friendly seeds for Launch event distribution $250 $175 7 Healthy Yards Larchmont Mamaroneck website development $0 $0 8 LM HY table at STEM event(s) $250 funding through Collab budget 9 LM HY table at Sheldrake event $200 funding through Collab budget 10 Supplies, etc for Home-hosted HY Outreach & Ed Coffees $75 $25 Current Funding Request $1,250 The Collaborative would appreciate your immediate review and acknowledgement of this Budget request. We will monitor these expenses as they are incurred; the Town will receive the appropriate receipts for reimbursement or, as the occasion may arise, a request for direct funding from the Town to a Vendor. The Healthy Yards Program Task Force has made tremendous strides in the past six months; the Collaborative strongly endorses this program and believes that it will have direct,tangible benefits to ToM residents while communicating our overall message of"Healthy Community Larchmont-Mamaroneck" Please see the attached for a brief overview of the Healthy Yards Program Thank you Mitch Green, Chairman Town of Mamaroneck Sustainability Collaborative TOWN OF MAMARONECK SUSTAINAIBILITY COLLABORATIVE 2019 GOALS, PROGRAMS& BUDGET 2018.1121 Goals Impacts Program Highlights Programs Outreach& Bud et Education g A Validate Energy cost savings&GHG Complete and continuously updatable database- Enroll the 4 to 6 highest-utility use TOM facilities in TOM $1000 for reductions energy use database demonstrate current and identify new cost savings WeGoWise,which will provide automated reporting of Softwzre competition Marc K,FrankO energy use and GHG production Budget for prizes Student Research Compe based on WeGoWise&MHS data WeGoWise $1,000 B Reduce Solid Waste Disposal Costs Organic Waste Disposal represents 47%of TOM total Zero Food Waste Communications&Education $1,500 $1,500 Food Waste Recycling Program volume-opportunity for cost reduction Grant Writer for Food waste programs volunteers Strengthen&Expand Zero Food Waste Program Restaurant Food Waste Outreach&Education volunteers Karen K,Arlene N,Beth R LMC-TV"How-To"Program C Sustainability-RBI Implement a Re-usable Bag Law in TOM to reduce solid Communications Program $1000 $1,000 Re usable Bag Initiative waste,reduce Long Island Sound pollution,and align Merchant Outreach&Education,inc bags $500 with similar laws in VOL and VOM Support TOM Board in Legislation Drafting Sue 0,Katherine P,June W LMC-TV"How-To"Program D Advance Quality of Life Improve Resident Health&Neighborhood Quality Pass Quiet Leaf Blower Law TOM $1000 for $1,000 Leaf Blower Legislation ofLife by reducing air pollution,particulates and noise Collaborate with VOM&VOL on summer enfocement Highway& flyers,signs, George R,Marc K TOM to purchase electric equipment,mulching mower,etc Sanitation door- LMC-TV"How-To"Program Depts hangers E Improve Environmental Health& Improve Environmental Health&Water Quality Healthy Yards Project Outreach&Educ-Events&Programs $1,000 $2,500 $3,500 Water Quality Replace toxic methods with safe alternatives LMC-TV"How To"Program Reduce Child&Pet Health Risks Neighborhood Pilot Program(TBD) Healthy Yards Program Michele L,Diane N Rain Barrel Program-Sales promotion&events F Sustainability&Quality of Life Implement&Expand EV charging Stations Implement&Monitor Phase 1 EV Charging Stations TOM $1000 for $1,000 Mobility Implement TOM Bike Route Signs&Sharrows to Install Signs&Sharrows Bike Routes Phase 1 Highway Tour de improve Bike-ability&Community Education Tour de Larchmont-Mamaroneck Event Dept L-M Advance bike-able, Walk-able TOM Denise D, Steve M,Shannon P LMC-TV"How-To"Program G Quality of Life improve Food Security for TOM Residents Identify site(s)for Community Garden $4,500 $4,500 Community Garden Home-grown food opportunities for apt residents Work with TOM Depts&Stakeholders to approve site Beth R implement garden through sponsor/volunteer efforts H Community GHG Reduction Target- Reduce TOM Community GHGs to improve local Research to find Family Lifestyle GHG Models Rese& $1,000 Families Neighbors,Organizations Quality of Life for Individuals,Families Consultant to assist adapting models to TOM specifics adapt June W,Mitch G Questionnaire to gain family&organization feedback $1000 J Advance Sustainbility,Resilience& Improve Quality of Life while reducing TOM expenses- Hire one(or more)Summer Interns,to be assigned tasks such TOM Summer Intern Program,based on prior success,will as"No Waste"Summer Concert events,data assembly,etc. Quality of Life-Summer Intern provide needed resources at minimal cost Wages/Hrs to be based on TOM personnel regs Supervisor Budget K Expenses-Outrach&Education banners,surveys,copying,printing,signs,flyers,others $1,500 $1,500 TOTAL BUDGET REQUEST $16,000 Local Law No. -2019 This local law shall be known as the "Payment of the fees for experts needed by the Town in connection with reviewing applications for Subdivision Plat approval" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The Town's site plans laws, both commercial and residential, contain a provision that requires an applicant to reimburse the Town for the costs of the experts that the Town needs in order to review an application. The chapter of the Town Code regulating subdivision approval does not. This law adds that requirement to that chapter. Section 2-Amendment of a current section of the Mamaroneck Code: Section 190-22 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §190-22 Fees. Every application for subdivision plat approval shall be accompanied by the fee set forth in §A- 250-1. Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services. 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. March 7,2019 Local Law No. -2019 This local law shall be known as the "Payment of the fees for experts needed by the Town in connection with reviewing applications for Special Permits" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: The Town's site plans laws, both commercial and residential, contain a provision that requires an applicant to reimburse the Town for the costs of the experts that the Town needs in order to review an application. The chapter of the Town Code regulating wetlands permits does not. This law adds that requirement to that chapter. Section 2—Amendment of a current section of the Mamaroneck Code: Section 240-61 of the Code of the Town of Mamaroneck hereby is amended to add the following paragraph (F) to that section: §240-61 Applications;fees. (F) Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services. 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. March 7,2019 Local Law No. -2019 This local law shall be known as the "Addition of the fees for experts needed by the Town in connection with reviewing applications for Wetlands Permits" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: The Town's site plans laws, both commercial and residential, contain a provision that requires an applicant to reimburse the Town for the costs of the experts that the Town needs in order to review an application. The chapter of the Town Code regulating wetlands permits does not. This law adds that requirement to that chapter. Section 2—Amendment of a current section of the Mamaroneck Code: Section 114-7 (B) of the Code of the Town of Mamaroneck hereby is amended to add the following paragraph (5) to that section: §114-7(B)Procedure for permits. (5) Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services. 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. March 7,2019 Local Law No. -2019 This local law shall be known as the "Addition of the fees for experts needed by the Town in connection with reviewing applications before the Board of Appeals" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The Town's site plans laws, both commercial and residential, contain a provision that requires an applicant to reimburse the Town for the costs of the experts that the Town needs in order to review an application. The chapter of the Town Code regulating wetlands permits does not. This law adds that requirement to that chapter. Section 2-Amendment of a current section of the Mamaroneck Code: Section 240-91 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §190-22.Fees. Any person or corporation, other than the Town of Mamaroneck, making any application to the Board of Appeals under the provisions of this chapter shall pay to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration the fees, set forth in §A250-1 for both processing the applications and advertising the notice of hearing for each application filed. Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services. 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. March 7,2019 ,„ 4. i W° � Town of Mamaroneck 3 19 M County of Westchester 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 W MakerJr©TownofMamaroneckNY.org MEMORANDUM To: Stephen V. Alfieri, Town Administrator Christina Battalia, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Local law regarding the Ethics Law Date: February 15, 2019 After I had submitted the proposed local law changing the definition of "employee" in the Code of Ethics, I was asked to make a further amendment. The current list of "Sensitive Positions" in the Code of Ethics does not include the title of Deputy Town Administrator. This proposed law adds that title to the list. Other than that change, and the concomitant changes in the title of the law and the "Purpose" section, the law is the same as the one that accompanied my January 25, 2019 memorandum. If the Town Board considers the proposal ready for a public hearing, it can set the date for such a hearing at one of its upcoming meetings. 4111, toPrinted on Recycled Paper 0• 4 9 2 ° • .'+ ,.. -Pc, Town of Mamaroneck . . 1f ,� m County of Westchester '• T 740 West Boston Post Road, Mamaroneck, NY W543-3353 I COUNSEL TEL: 914/381-7815 FAX: 914;381-7809 WNtakerJr.•??Townof MamaroneckNY.org MEMORANDUM To: Stephen V. Altieri, Town Administrator Christina Battalia, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Local law regarding the Ethics Law Date: January 25,2019 I attach a proposed law which, if enacted, will change the definition of "employee" in the Code of Ethics. The Purpose clause of the proposed law explains the reason for the change. The change itself is simple. The words "probationary or permanent" have been inserted into the existing definition. They can be found in the second line. No other edits or deletions are made to the current definition If the Town Board considers the proposal ready for a public hearing, it can set the date for such a hearing at one of its upcoming meetings. 11119 . Ill A. to 0 Printed on Recycled Paper Et i Local Law No. -2019 This local law shall be known as the "Elimination of Seasonal Employees from the List of Employees Required to Make the Certification Mandated by the Code of Ethics and the Addition of the Position of Deputy Town Administrator to the List of Sensitive Positions" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: Currently, section 17-6 B. of the Town Code requires each employee to certify annually that he/she has read the Town's Code of Ethics and has not knowingly or willfully violated that Code. The Town hires a number of seasonal employees who work for limited periods of time during the year. Examples include persons employed to work at the ice rink, the summer camps and the pool. The Town Board continues to maintain that it is important for employees who work all year long, whether in a full or part-time capacity, to make the certification mandated by the Code of Ethics, but finds it unnecessary for seasonal employees to do so. This local law exempts seasonal employees from the certification requirement by modifying the definition of"employee" to include only full-time employees. The title of Deputy Town Administrator has been created. By this local law, that position is added to the list of Sensitive Positions in the Code of Ethics. Section 2-Amendment of a current section of the Mamaroneck Code: Section 17-4 of the Code of the Town of Mamaroneck hereby is amended by deleting the definition of EMPLOYEE and substituting the following definition of EMPLOYEE in its place: EMPLOYEE Each officer, volunteer or employee of the Town of Mamaroneck, whether paid or unpaid, whether elected or appointed, whether serving in a full-time, probationary or permanent part-time or advisory capacity. Volunteers whose responsibilities do not give rise to possible violations of these rules shall not be considered "employees" for the purpose of this article. The Town Board shall determine which volunteers shall be considered "employees"for this purpose. Section 3-Amendment of a current section of the Mamaroneck Code: Section 17-4 of the Code of the Town of Mamaroneck hereby is amended by adding the following title to the list of Sensitive Positions: SENSITIVE POSITION N. Deputy Town Administrator and by relettering the existing sections 17-4 N. through and including 17-4 QQ. to sections 17-4 O. through and including section 17-4 RR. 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. February 8,2019 Town of Mamaroneck 3 -lo - ( 9 From: Tony Siligato-Town Comptroller Re: Fire Claims �a 105:L ,� Date: 03/20/2019 N- The following Town of Mamaroneck Fire Department claims have been certified by Chief Joseph Russo and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION AAA Emergency Supply Co. New Storz to hydrant adaptor,Desk top charger,truck charger $ 2,000.00 Clean Air Co.,Inc. Pressure Sensor for fan $ 59.20 Clean Air Co.,Inc. Service/repair to system $ 506.80 Con Edison Fire HQ Gas service 1/10-3/1/19 $ 1,660.42 FireCompanies.Com Platinum Package -Hosting&maintenance $ 209.97 Hi-Tech Fire&Safety,Inc. Minerva repair/uniform adjustment $ 289.00 R.G.Brewer Inc. Bolts $ 21.55 Ready Refresh Water Cooler rental 1/19/19-2/18/19 $ 122.96 Seagrave Fire Apparatus Rental of Seagrave loaner ladder-3/5/19 $ 7,500.00 UniFirst Corporation Cleaning Supplies 3/1/2019 $ 129.45 United Communications Corp. Min V for Warranty Repair,Minitor V belt clip $ 453.23 Villa Maria Pizza Food for Explorer/New Member Drill 3/16/19,for Fast Drill 9/20/18 $ 174.71 Westch Elevator Services,Inc. Maintenance for month of March 2019 $ 175.00 WJWW Water Charges 1/26/19-2/25/19 $ 6.46 WJWW 205 Weaver St.charges 1/28/19-2/25/19 $ 82.24 Total: $ 13,390.99 ' 0 �9 TOWN OF MAMARONECK ° Town Center w ; m 740 West Boston Post Road, Mamaroneck, NY 10543-3353 •f O1NDED MO • TEL:914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 Saltieri@townofmamaroneckNY.org www.townofmamaroneck.org Memorandum To: Supervisor &Town Board Re: Authorization —2019 Town and County Property Tax Warrant Attached you shall find the 2019 Tax Warrant for the collection of Town and County taxes. The Town tax warrant is equal to that approved by the Town Board at the time the budget was approved for 2019. Also included in the warrant is the collection of uncollected water bills issued by the Westchester Joint Water Works. These amounts are added to the tax bill for those that failed to pay their water bills. REQUESTED ACTION IS THAT THE TOWN BOARD APPROVE THE WARRANT AND AUTHORIZE THE SUPERVISOR TO EXECUTE THE WARRANT. Stephen V. Altieri Town Administrator O STATE OF NEW YORK ] COUNTY OF WESTCHESTER ] SS: TOWN OF MAMARONECK ] THE PEOPLE OF THE STATE OF NEW YORK To Tracy Yogman, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 20, 2019, by authority of Chapter 313 of Laws of 1934, to receive and collect from the several persons named in the Assessment/Tax Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, for the neglect to pay the Judicial, County, Town and Town District Taxes, relevies, charges for services, exemptions removed, water arrears and system rounding adjustment after the levy thereof as follows: Judicial and County Taxes - $41,713,236.00 Town and Town District Taxes - 26,514,663.00 Town Relevy - - 0 - Charges for Services - - 0 - Exemptions removed - - 0 - Water arrears - 38,127.62 System Rounding Adjustment - 3.71 $68.266.030.33 And you are hereby directed to deposit to the credit of the Town of Mamaroneck into the JP Morgan Chase Bank, all of such monies so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck, as required by the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties(after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. !'`:...... .....4...- ..... L.......1 ......d ,.....I ..a ♦4... T....... ,.t AA............-.....I. LA/. ..a..L...-4..- f - .....a.. wO jtz TOWN OF MAMARONECK 3 ao I o Town Center •FOUNDED,GG, • 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: 914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 Saltieri@townofmamaroneckNY.org www.townofmamaroneck.org Memorandum To: Supervisor and Town Board Re: Authorization IMA- Mamaroneck School District Use of Town Fueling Depot The Town and the District have been discussing means of creating greater efficiencies in operations to reduce operating costs. One of the areas of discussion has been vehicle fleet operations. Attached is a proposed agreement that would provide the District access to the Town's fueling depot at Maxwell Avenue. This would allow the District to purchase fuel at a much lower price then under their current operations. As part of the process of discussing this alternative, Town staff did evaluate our ability to provide this service to the District. Based upon the District's average monthly fuel usage, the Town has more than sufficient fuel capacity at Maxwell Avenue to allow the District to fuel at the facility. Under the terms of the agreement the District would, at their expense, pay the Town to equip District vehicles with what we call AIM units. When a vehicle pulls up to the pump, the AIM unit automatically reads the mileage of the vehicle and will then note the amount of fuel dispensed. Each operator is provided a PIN to access the pump so the Town knows each user that dispensed fuel. The Town currently uses this system for all of its vehicles. In the case of a vehicle or piece of equipment that cannot be equipped with an AIM unit a fueling key will be provided under the terms described in the agreement. Using our computerized fueling system, the Town will provide each month a report providing the total gallons of either diesel fuel or gasoline dispensed to the school. The report will also indicate the operators that dispensed the fuel and the listing of each vehicle that received fuel and the amount of fuel dispensed to each vehicle. Since fuel prices change often, the District will pay the average price per gallon over each month. This is a good opportunity for the Town and the District to work together on improving efficiencies in operations and reducing costs. REQUESTED ACTION- THAT THE TOWN BOARD APPROVE THE AGREEMENT BETWEEN THE TOWN AND THE DISTRICT FOR DISTRICT'S USE OF THE TOWN FUELING DEPOT AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE AGREEMENT. Stephen V. Altieri Town Administrator INTERMUNICIPAL AGREEMENT An Agreement dated March , 2019 between the Town of Mamaroneck, a municipality existing under the laws of the State of New York with offices at 740 West Boston Post Road,Mamaroneck,New York 10543 (the"Town")and the Mamaroneck Union Free School District a school district existing under the laws of the State of New York, with offices at 1001 Boston Post Road, Mamaroneck,New York 10543 ("District") Recitals Whereas,the Town maintains a fueling depot at its maintenance garage facility at Maxwell Avenue capable of dispensing both diesel fuel and gasoline, and Whereas,the District operates a fleet of vehicles used in connection with its operations and maintenance of District facilities, and Whereas,to promote greater efficiency and to reduce costs,the Town and the District desire to enter into this Agreement ("Agreement") whereby the Town grants the District access to the Town fueling depot at Maxwell Avenue so that the District can purchase fuel for District owned vehicles. Now, therefore, in consideration of the terms and conditions herein contained, the Town and the District agree as follows: First: (a)The Town will permit District vehicles to enter Maxwell Avenue for the purpose of obtaining fuel, on weekdays that are not holidays Monday—Friday between the hours of 7:00am and 2:30pm. The District will also be permitted to access the fueling depot at all other times that the Town of Mamaroneck Highway Department is operating at the Maxwell Ave. facility and the depot is open. Should the District require access at other times,arrangements must be made by contacting the Town's Fleet Manager as far in advance as reasonably possible. (b) In order for District vehicles to obtain fuel at the Town fueling depot, each must be equipped with an AIMS module and associated equipment. The District shall pay the Town for labor and material cost for the installation of the AIMS modules on District vehicles that will be using the fuel depot. The cost for each installation shall be per vehicle. The District shall make the payment for the installation of the AIMS modules within 30 days of receipt of the invoice from the Town. (c)For equipment that cannot be retrofitted with an AIMS module,a fueling key will be required. Fueling keys shall only be issued to District personnel who have been authorized in writing by the District signatory to this agreement or his/her designated representative. (d) On or about the first day of each month the Town shall bill the District for the fuel it purchased during the preceding month. The monthly bill shall be in the format as shown in Appendix A. The Town purchases diesel fuel and gasoline on a New York State Cooperative Purchasing contract. Under this contract the price per gallon of fuel purchased can fluctuate frequently. The monthly billing 1 from the Town shall be based upon the average per gallon cost of diesel fuel and/gasoline for that month. Payment shall be due within thirty (30) days of date of the bill issued to the District. (e) The fueling depot may only be used by vehicles legally registered to the District and that are equipped with AIMS modules or equipment for which fuel keys have been issued. As vehicles/equipment requiring the use of fueling keys are retired from service, the fueling keys from that vehicle or equipment shall be returned to the Town promptly. Second: (a) Either party may terminate this Agreement for any reason or for no reason at all by giving the other party written notice of its decision to terminate. In that notice,the party deciding to terminate shall specify the date of this Agreement's termination. Such date shall be no less than sixty(60) days after that notice to terminate is received by the other party. (b) To be effective, a notice to terminate must be addressed as follows, or to such other address as may be hereafter designated, in writing, by each party hereto: If to the Town: Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 If to the District: (c) The District shall pay for all fuel dispensed to District vehicles up to and including the date of this Agreement's termination. Third:The failure of either party to insist upon strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default in terms, conditions and covenants herein contained. Fourth: (a)This Agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there has been and are no representations, warranties, covenants or understandings other than those expressly set forth herein and that all prior agreements between the parties regarding the subject matter of this Agreement—whether oral or in writing— are merged into this Agreement and do not survive it as this document expresses the parties' entire understanding. (b) This Agreement may only be changed by a writing executed by a duly authorized representative of each party. 2 Fifth: The signatories to this Agreement represent that he or she has the right to enter into this Agreement on behalf of the party for which he or she is signing this Agreement. Sixth: This Agreement may be executed in one or more counterparts, each of which shall be considered an original. Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. Seventh: Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in either of the other two genders. Eighth: Neither party shall have the right to assign, transfer, convey, pledge or encumber his rights under this agreement. Ninth: This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. In Witness Whereof, the Town and the Village have agreed to the terms and conditions set forth therein. Town of Mamaroneck By: _ Stephen V. Altieri, Town Administrator Date Mamaroneck Union Free School District By: Date Certificate of Authorization I, Christina A. Battalia, certify that (a) I am the Town Clerk of the Town of Mamaroneck, a municipality existing under the laws of the State of New York, (b) Stephen V. Altieri,the person who signed this Agreement on behalf of the Town of Mamaroneck ("Town"), is the Town Administrator of the Town,(c)Mr. Altieri was authorized by the Town Board of the Town to execute this Agreement on behalf of the Town and (d) such authority was in full force and effect when Mr. Altieri executed this Agreement on behalf of the Town. Christina A. Battalia, Town Clerk 3 Certificate of Authorization I, , certify that(a) I am the Clerk of the School District, a district existing under the laws of the State of New York, (b) , the person who signed this Agreement on behalf of the Mamaroneck Union Free School District ("District"), is the , (c) was authorized by the Board of the District to execute this Agreement on behalf of the District and (d) such authority was in full force and effect when executed this Agreement on behalf of the District. , District Clerk Prepared February 12,2019 4 Obr 3 ,egiW �o4.7TOWN OF MAMARONECK 3 Town Center 3 -10 - is_ '` f Z 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Ut Nh)f 1U 1 TEL: 914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 Saltieri@townofmamaroneckNY.org www.townofmamaroneck.org Memorandum To: Supervisor&Town Board Re: Authorization Transfer of Funds Town Water District Capital Project 2016-12-Barry Avenue Macy Road Water Main Attached is a schedule calling for an amendment to the above-referenced Capital Project in the amount of$10,826.00. This amount would be transferred from the Water District Fund Balance account into the Capital Project. The attached schedule also provides the Board with a listing of all the Capital Projects that were closed as of December 31, 2018. The Barry Avenue/Macy Road Watermain Project remains active at this time. Stephen V. Altieri Town Administrator i1 AMEND 2016 CAPITAL PROJECT& BUDGET-(#2016-12 WATER IMPROVEMENTS) 3/20/2019 TOWN BOARD MEETING (EFFECTIVE 12/31/2018) CAPITAL PROJECTS FUND(FUND H): AMEND BUDGET: EXP H.8340.0400.2016.12 CAPITAL WATER IMPROVEMENTS PROJECTS $ 10,826.00 REV H.0000.5038.2016.12 TRANSFERS FROM WATER DISTRICT $ 10,826.00 (CAPITAL PROJECT#2016-12) (Increase project budget with$10,826 of unreserved Water district fund balance for the purpose of funding the increase in project costs on the Barry Ave./Macy Rd. water main replacement project. * Original Capital Project Budget(Combined projects): $ 1,347,200.00 * Funding source: * SERIAL BONDS(A-1310) $ 958,700.00 * TRANSFERS FR WATER DISTRICT(Combined projects) $ 388,500.00 * TRANSFER FR WATER DISTRICT-R.O.B. 2/6/19(Combined projects) $ 396,572.00 * TRANSFER FR WATER DISTRICT-R.O.B.3/20/19(A-1310) $ 10,826.00 * Capital Project Budget amended&adopted NO 12/31/2018 on 3/20/19: $ 1,754,598.00 Individual projects total budget breakdown A-1310 WATER MAIN(N BARRY/MACY RD) $ 1,241,706 Active as of 12/31/2018: A-1315 WEAVER ST LARCHMONT PLANT $ 7,747 Closed A-1320 RYE LK TURBIDITY/CURTAIN/BOOM $ 127,266 Closed A-1321 NEW CHLORINATORS RYE LK $ 99,990 Closed A-1324 SHAFT 22 MOBILE CHLORINATOR $ 6,913 Closed A-1327 WATER INFR 2016 PAVING $ 170,002 Closed A-1330 DOUGLAS CIRCLE WATER MAIN $ 94,957 Closed BOND COSTS $ 6,017 Closed WATER DISTRICT(FUND SW): $ 1,754,598.00 AMEND BUDGET: EXP SW.9900.9950 TRANSFER TO CAPITAL PROJECT $ 10,826.00 REV SW.0000.5995 APPROPRIATED FUND BALANCE $ 10,826.00 << 4, 0 -7 713 o ;�• o Town of Mamaroneck Town Center FOUNDED 101 • 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 Alfieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Deputy Town Administrator DATE: March 14, 2019 SUBJECT: Authorization to Appoint a Senior Recreation Leader Authorization is requested to appoint Eileen Puleo, who currently holds the title of Recreation Leader, as a Senior Recreation Leader. As required by Civil Service Ms. Puleo passed the test and is reachable on the list. It is being recommended that Ms. Puleo be promoted effective April 1, 2019 and her annual salary be increased to $67,295. Ms. Puleo worked part-time for several years in the Recreation Department and Community Services Department prior to assuming the full-time position of Recreation Assistant in January 2011. In recognition of her performance Ms. Puleo was promoted to her current position of Recreation Leader in January 2016. In addition, Ms. Puleo having successfully passed an exam is a Certified Park and Recreation Professional (CPRP). According to Jill Fisher, Superintendent of Recreation, Ms. Puleo has proven to be an essential team player and is an asset to the overall operations of the Recreation Department. Ms. Puleo is a conscientious and thoughtful employee and is professional in her dealings with staff and residents. The recreation programs and events that Ms. Puleo has developed and supported displays her initiative and a positive work ethic. Ms. Puleo was instrumental in organizing the successful 5k/Bunny Run and the Fall Food Truck Festival. It is anticipated that in her new position Ms. Puleo will continue to exhibit creativity and ingenuity in the developing of recreation programs. ACTION REQUESTED: That the Town Board approve the appointment of Eileen Puleo to the position of Senior Recreation Leader effective April 1, 2019 at an annual salary of $67,295. O 9 9 p Town of Mamaroneck 3"20 '1 m Town Center n 7, 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 saltieri@townofmamaroneckny.org www.townofmamaroneckny.org TO: Christopher Gonch, CSEA Unit President FROM: Stephen V. Altieri, Town Administrator SUBJECT: Civil Service Employees Association Agreement Amendment DATE: March 6, 2019 As agreed, the Civil Service Employees Association (CSEA) Agreement, covering the period January 1, 2017 through December 31, 2020, will be amended to include the following provision in Article 22-Salary and Wage Administration, Section 5: g) Effective January 1, 2019 the Town shall pay a stipend of two thousand eight hundred dollars ($2,800) to the Maintenance Worker in the bargaining unit, as designated by the Town, in consideration of their assuming the duties of Ice Rink Manager when required. The initial stipend will be paid no later than April 30, 2019. In subsequent years the stipend,which is subject to applicable taxes, will be paid in January of each year provided the ice rink managerial duties are assigned to the employee holding the title of Maintenance Worker. If you are in agreement that the aforementioned statement is to be incorporated in the CSEA Agreement, please sign and date where indicated below. Steph- ,% . Altieri Date Town Administrator ftzlI .2o/9 . Christopher 'onch Da - CSEA Unit President tot Printed on Recycled Paper '27-9 -Fp o Town of Mamaroneck Aj s` Z =. t'; m Town Center 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, Deputy Town Administrator DATE: March 15, 2019 SUBJECT: Maintenance Worker Stipend Authorization is being requested to pay a stipend to the Maintenance Worker in the Recreation Department. The amount of the proposed annual stipend is $2,800 and would be given to the Maintenance Worker provided they perform specific managerial duties at the Hommocks Ice Rink. Since the Maintenance Worker is a part of the CSEA bargaining unit, we needed to obtain approval from the CSEA. As indicated in the attached proposed amendment, the CSEA would be in agreement for the Maintenance Worker to be paid an annual stipend. The reason for recommending payment of the stipend is due to the fact that Michael Gibson, the Maintenance Worker, has assumed managerial responsibilities, in addition to his regular duties, during times Robert Lunde is not at the Ice Rink and thus serves as the on-duty manager. Those duties include, but are not limited to the following: ➢ Scheduling and supervising part-time staff such as skate guards, cashiers, and skate room attendants. • Preparing the facility for opening and closing. ➢ Overseeing public skating sessions, skating lessons and ice rentals. ➢ Interacting with the public. According to Jill Fisher, Superintendent of Recreation, Mr. Gibson's job performance and willingness to accept additional responsibilities, which exceed that required of a Maintenance Worker, are justification to be paid the additional compensation. ACTION REQUESTED: That the Town Board approve the annual stipend of$2,800 payable to the Maintenance Worker for performing managerial duties at the Hommocks Ice Rink.