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HomeMy WebLinkAbout2021_02_03 Town Board Meeting Packet 520 �91s 7,3 0 O z w m x 4 I-• z DUNDEE]Hit• TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, February 3, 2021 7:00PM TOWN BOARD MEETING 7:00PM CALL TO ORDER- Members of the public are able to view the meeting on cable access television (Optimum 75, 76&77 or Verizon Fios 34, 35 & 36) or on https://lmcmedia.org/or via Zoom. Please copy and paste the link below into your browser to join the webinar: https://us02web.zoom.us/j/81263344282?pwd=ZWZLbIIOSFM3ZXFBZGd BZ3hoYVBwdz09 Passcode: 922869 During a public hearing or the citizen's comment section, residents may "raise their hand" in Zoom to be granted access to speak directly to the Town Board. Those who are viewing the meeting on local municipal access television of LMC Media's website may submit their comments or questions to publicgc@townofmamaroneckny.org SUPERVISOR'S REPORT PUBLIC HEARING 1. Addition of Stop Sign on Maxwell Avenue Law CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization- License Agreement- Billy& Pete's Restaurant 2. Salary Authorization -Section 8 Housing Program 3. Consideration of Certiorari REPORT OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING -FEBRUARY 17, 2021 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 1 of 28 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 3, 2021 SUBJECT: Addition of Stop Sign on Maxwell Avenue Law ATTACHMENTS: 1. Addition of Stop Sign on Maxwell Avenue Law Page 2 of 28 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York,and further pursuant to Executive Order No.202.1 Suspension of Article 7 Public Officers Law,a Public Hearing will be held on February 3,2021 at 7 PM or as soon thereafter as is possible,to consider"Addition of Stop Sign on Maxwell Avenue" Law, telephonically from the Town Center,740 W.Boston Post Road,Mamaroneck,New York. Join the Zoom webinar meeting via the link provided on the Meeting Agenda and on the Town Board meeting notice issued prior to the meeting,both of which are located on the Town's website.The public may comment by writing to publicgc@lownofmamaroneckny.org while viewing from LMC Media's website https://lmcmedia.org/or local municipal access television(Cablevision(Optimum)75,76,77 or Verizon(Fios)34,35,36),or by participating in the Zoom webinar and utilizing the"raise your hand"feature. Purpose: The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx,or by calling the Town Clerk's Office at 914-381-7870,for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: January 28,2021 Page 3 of 28 Local law No. -2021 This local law shall be known as the"Addition of Stop Sign on Maxwell Avenue"Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Sertinn I-Purpose: The Town Board finds that for safety purposes,traffic should be required to come to a complete stop at the point where Maxwell Avenue terminates at Madison Avenue. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-I 1 of the Code of the Town of Mamaroneck hereby is amended to insert the following in the proper alphabetical order Stop sign on Direction of travel At Intersection of Maxwell Avenue East Madison Avenue - :. '.'• r : An appropriate sign or signs shall be erected on and/or above,and/or striping shall be painted on Maxwell Avenue indicating where a motor vehicle is required to come to a complete stop. 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. $ection 5-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. January 15.2021 Page 4 of 28 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 3, 2021 SUBJECT: Fire Claims ATTACHMENTS: 1. Fire Claims Feb 3 2021 Page 5 of 28 Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: Feburary 3, 2021 The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount AAA Emergency Supply Co. Scott batteries and testing $ 448.61 Amazon Office Supplies-27 inch monitor Fire Chief 554.5, ASAP Shipping for pager returns/repairs 141.81 Champion Elevator Corp Monthly Maint-January 2021 175.01 Chatsworth Cleaners Uniform cleaning- Dec 20 37.81 East Coast Emergency Lighting Outfitting for Fleet #315 1,645.5; NYS Assocaition of Fire Chiefs 2021 Yearly Dues-Town 175.01 NYS Assocaition of Fire Chiefs Training- Rescue Seminar- Broderick,Hopper 50.01 Optimum Cable Services for 1/23/21-2/22/21 271.01 Ready Refresh Water Cooler rental 1/25-2/2/21 137.91 Robison Oil Fuel for generator- 685 Weaver St 139.2: Royal Comfort Service call for fire house furnace/boiler 1,910.31 Town of Mam'k Coalition Annual subscription to UC View- Bulletin Board at HQ 99.01 UniFirst Corp Cleaning Supplies 1/15-1/22/2021 272.41 Villa Maria Pizza Food for training drills- gas emergencies,meters 64.7, Villa Maria Pizza Food for training drills Sept-Nov 20 and US Open 399.81 WJWW 205 Weaver ST Charges 11/24-12/22/20 86.8, Total $ 6,609.96 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 3, 2021 SUBJECT: Other Fire Department Business ATTACHMENTS: 1. THIS ITEM HAS NO ATTACHMENT-OTHER FIRE DEPARTMENT BUSINESS Page 7 of 28 OTHER FIRE DEPARTMENT BUSINESS THIS ITEM HAS NO ATTACHMENT I Page 9 of 28 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 3, 2021 SUBJECT: Authorization - License Agreement- Billy& Pete's Restaurant ATTACHMENTS: 1. Memorandum -Authorization - License Agreement- Billy& Pete's Restaurant 2. BillyPete Group Inc. License Agreement Page 10 of 28 o 2 3 Town of Mamaroneck O f Z w m Town Center 1 x 74(1 West Boston Post Road.Mamaroneck.NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 Memorandum FAX 914-381-7809 svaltieri@townolmamaroneckny.org To:Supervisor and Town Board www.townolmamaroneckny.org Re:Authorization-License Agreement Billy and Pete's Restaurant Date:January 29,2021 Attached is an amended version of the proposed license agreement between the Town,and Billy and Pete's restaurant on Myrtle Boulevard. The license will permit the owners of the restaurant to utilize a roughly 30'X 30'section of the park immediately adjacent to the restaurant building. Based upon the review of the license with the Town Board certain changes have•been included in the document. Below are some of the highlights of the changes: 1. The term of the license is one year. 2. Hours of operation limited to 12noon to 10pm 3. No live music 4. The number of patrons is limited to 50 but that number would be less depending on pandemic regulations 5. We have tightened up the termination regarding the Town's ability to terminate the arrangement. I have spoken with the management of the restaurant and they are in agreement with the revised terms of the license. ACTION REQUESTED-THAT THE TOWN BOARD APPROVE THE PROPOSED LICENSE AGREEMENT BETWEEN THE TOWN OF MAMARONECK AND BILLY AND PETE'S RESTAURANT AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE AGREEMENT. Stephen V.Altieri Town Administrator fa PrintedoiReonled Paper Page 11 of 28 LICENSE AGREEMENT This agreement,dated January 2021 is between the Town of Mamaroneck a municipal corporation organized under the laws of the State of New York with offices located at 740 West Boston Post Road, Mamaroneck, NY 10543 (Town) and BillyPete Group Inc., a New York Corporation organized under the laws of the State of New York,with offices located at 121 Myrtle Blvd.,Larchmont,NY 10538(Licensee). RECITALS WHEREAS,the Licensee desires to enter into an agreement with the Town that will allow it to provide outdoor dining on 900 square feet of land in Memorial l'ark adjacent to the Licensee's restaurant(Dining Area); WHEREAS,during the current pandemic, indoor dining is limited, and even in the absence of a pandemic,outdoor dining can be a desirable amenity;and WHEREAS,acting pursuant to Union Square Park Community Coalition,Inc.v Neo York City Dept of Parks and Recreation,22 NY3d 648(2014),the Town is willing to enter a license agreement, not a lease,with the Licensee to allow the Licensee to use the Dining Area. Now,therefore,agreeing to be bound,the parties agree as follows: I. The Town grants a License to the Licensee to use the Dining Area for the sole purpose of conducting outdoor dining in connection with the operation of its restaurant located at 121 Myrtle Blvd.,Larchmont,NY 10538. 2. This License shall commence on the date that a certificate of occupancy or compliance is issued for the construction that the Licensee will do within the Dining Area to make it ready Page 12 of 28 for outdoor dining and terminate on the first anniversary of that certificate. The Licensee shall obtain at its own cost and expense all required licenses and permits for such construction. 3.(a)The Licensee agrees to pay the Town a license fee of$10,800.00 which is computed at the rate of$12.00 per square foot.The license fee will be paid in 12 equal monthly installments of$900.00 each on the first day of each month during the term of the license. (b)If the certificate of occupancy or compliance is not issued on the first day of a month, the license fee for that month shall be pro-rated based upon a 30-day month and the Licensee shall pay the pro-rated amount on the day that the certificate is issued. (c) On the day that the first license payment is due,the Licensee also shall deposit the sum of$900.00 as a security deposit. U the Licensee faithfully performs its obligations under this agreement,the Town will refund the security deposit at the end of the term of this agreement or any renewal thereof. (d) At the end of the license term,the Town,at its sole discretion may offer the Licensee a one-year extension of the original license term under same terms as this agreement. 4.The Licensee shall: (a)obtain all required permits for the construction of any improvements it makes- (Funaatraa:Idem:telt:os•,Fra Me:03 to the Dining Area and to the walkways that lead to and from the Dining Area and for the use of the Dining Area as a place for public dining, (b)serve patrons in the Dining Area only between the hours of noun(prevailing time)and 10:n0 pm(prevailing time). (c)allow no more than the lo,,yr of the number et person,,,l loo ed 131 occupy the 2 Page 13 of 28 Pining.Area under the then applicable rule,restricting,wcupancy due to int.,boils diseaw•s and fitly t51t1 patrons to occupy the Dining Area at one time. (d)keep the Dining Area and the area surrounding the Dining Area clean and free of debris and refuse at all times, (e)place all refuse in appropriate bags and place such bags in a receptacle suitable for such purpose, (f)place no signs within the Dining Area or in the area surrounding the Dining Area other than one sign advertising the use of the Dining Area for outdoor dining. The dimensions of such sign shall comply with the requirements of the Town Code and its appearance shall be approved by the Board of Architectural Review, (g)not install any lighting within the Dining Area or in the area surrounding the Dining Area other than lighting needed for the patrons to dine or to enter and leave the Dining Area, (h)comply with all requirements of the State of New York and County of Westchester Sanitary Codes and specifically with the Westchester County Sanitary Code with respect to the operation of food service establishments, (i) comply with all protocols promulgated by the Town,the State of New York, the County of Westchester or the federal government to prevent the spread of infectious diseases, O forward to the Town copies of all notices of health code violations it may receive with respect to the Dining Area within twenty-four(24)hours of receipt, (k)not grant any other party the right to use the Dining Area, 3 Page 14 of 28 (I)remove the improvements that it may install in or around the Dining Area and restore the Dining Arca to a grassy area at the end of the term of this agreement or any renewal thereof.If the Licensee fails to do so,the Town may take custody of the Dining Area,remove the improvements that the Licensee may install in or around the Dining Area and restore the Dining Area to a grassy area and the Licensee shall reimburse the Town for all of the"soft"and"hard" costs incurred in connection with removing such improvements and restoring the Dining Area to a grassy area, (m)provide the Town with a certificate of insurance as outlined in Schedule A holding harmless,indemnifying and defending the Town its officers,agents,employees and volunteers from any and all claims arising directly or indirectly from the Licensee's use of the Dining Area. Such insurance shall not be less than three million($3,000,000.00)dollars of general liability, broad form insurance which shall provide for a sixty(60)day notice of cancellation and which shall specifically include coverage for products liability,negligence,public liability insurance and shall name the Licensor as co-insured, (n) provide the Town with proof that it maintains appropriate Workers'Compensation Insurance, (o) abide by all laws with respect to equal opportunity in employment and accessibility by disabled persons,,mol (p) not create or permit any nuisance in the Dining Area., hi)not allow patrons to be served al ohuhe beverages without also ordering food,and (r)not allow live music fokeplayed t or in they doily oftlie Dining Area. 4 Page 15 of 28 5.(a)If the Licensee defaults in the performance of any term,condition or covenant that it is required to perform under this agreement,the Town,at its option and in addition to any right it might have to seek damages or any other lawful remedy,may terminate this agreement upon no less than forty-eight(48)hours written notice to the Licensee. This agreement shall terminate on the day specified in the notice of termination to be sent by the Town to the Licensee. The Town's notice to terminate may either be hand delivered to the Licensee,sent by overnight courier to the Licensee at 121 Myrtle Blvd.,Larchmont,NY 10538,or transmitted by electronic mail to the person who signs this agreement on behalf of the Licensee. (b)The Licensee may prevent such termination by curing the default complained of on or before the day specified for termination in the notice to be sent by the Town pursuant to paragraph 5(a). (c) Notwithstanding the right to cure granted to the Licensee by paragraph 5(b),if the Town terminates this agreement for a third time due to the Licensee's failure eii1ver-a.. (1)failure to comply with any of the requirements of the State of New York and County of Westchester Sanitary Codes and specifically with the Westchester County Sanitary Code with respect to the operation of food service establishments,or (2)failure to comply with any of the protocols promulgated by the Town,the State of New York,the County of Westchester or the federal government to prevent the spread of infectious diseases,or (3)failure to forward to the Town copies of all notices of health code violations it may receive with respect to the Dining Area within twenty-four(24)hours of receipt,or 5 Page 16 of 28 Idl creattun or thy allowance of a nuisance in the Dining Arra the Licensee shall have no right to cure and this agreement shall terminate on the date specified in the third notice of termination to be sent by the Town to the Licensee. (d) Upon termination, the Town may take custody of the Dining Area, remove 11w improvements that the Licensee may install in or around the Dining Area and restore the Dining Area to a grassy area. The Licensee shall reimburse the Town for all of the"soft"and"hand" costs incurred in connection with removing such improvements and restoring the Dining Area to a grassy area. 6.(a)If protocols imposed by the State of New York,the County of Westchester or the federal government regarding the prevention or the spread of infectious diseases require the Town to eliminate outdoor dining in the Dining Area,the Town shall have the right to terminate this agreement immediately.This agreement shall terminate on the day specified in the notice of termination to be sent by the Town to the Licensee. The Town's notice to terminate may either be hand delivered to the Licensee,sent by overnight courier to the Licensee at 121 Myrtle Blvd, Larchmont,New York 10538,or transmitted by electronic mail to the person who signs this agreement on behalf of the Licensee. (b) The Licensee shall be responsible for the license fee through the date of termination but shall be relieved from having to pay the license fee attributable to any day after the day on which the Town regains possession of the Dining Area. The Town shall refund a pro-rated amount of the license fee paid for the month when the termination occurs. The refund shall be paid at the same time as the security deposit is returned to the Licensee. 6 Page 17 of 28 7.(a)The Licensee may terminate this agreement at any time by giving the Town written notice that it has decided to terminate this agreement on the date specified in that notice. That date shall be no sooner than seven days after the Town receives the notice. The Licensee's notice to terminate may either be hand delivered to the Town Administrator,sent by overnight courier to the attention of the Town Administrator or transmitted by electronic mail to the Town Administrator. (b) The Licensee shall be responsible for the license fee through the date of termination but shall be relieved from having to pay the license fee attributable to any day after the day on which the Town regains possession of the Dining Area. The Town shall refund a pro-rated amount of the license fee paid for the month when the termination occurs. The refund shall be paid at the same time as the security deposit is returned to the Licensee. 9. This License granted to the Licensee by this agreement is exclusive to the Licensee which may not assign this Agreement to any other person,partnership or corporation,except with the consent of the Town.The Town shall not be required to give any reason for withholding its consent. 10. In addition to providing insurance,the Licensee shall indemnify and hold the Town harmless from any and all costs,damages or claims that may arise as a result of,or in connection with any activities by the Licensee, its employees or any of its invitees, including without limitation any liability for personal injury, wrongful death or property damage, and any attorneys fees or expenses incurred by the Town as a result of,or in connection with any activities by the Licensee or any of Its employees or invitees. 7 Page 18 of 28 11. The Town has the right to enter upon the Dining Area at all reasonable hours of the day to ascertain if it is being kept in proper repair and condition. 12, This agreement shall be deemed rescinded and of no further force and effect it the (.icenxr does not commence the pnwess for obtaining a certificate of occupancy or compliance for the construction that the licensee will do within the Dining Area to make it ready for outdoor flitting within ninety f9111 days alter the Town Administrator signs this agreement, (ForaMt:.FMC Times mew Rohan,12a 113. The Town's failure 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 the Town may have,and shall not be deemed a waiver of any subsequent breach or default in terms,conditions and covenants herein contained. 134.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. 145. If any court determines that a portion of this agreement is invalid, illegal or unenforceable,the remaining provisions shall remain in effect. 156.This agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. All prior agreements between the parties regarding the subject matter contained herein-whether oral or written-are merged into this agreement and do not survive it as this agreement expresses their entire understanding on the subject matter contained herein. 167. This agreement shall be governed by and construed in accordance with the laws of 8 Page 19 of 28 the State of New York without regard to principles of conflicts of law. 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 BILLYPETE GROUP INC. By: 9 Page 20 of 28 Schedule A" INSURANCE SCHEDULE The Licensee is required to furnish and maintain insurance as follows" 1. Workers Compensation and Employers Liability n:urance N w York tat Disability and Unemployment Insurance in accordance with the laws of the State of New York 2. Commercial General Liability Insurance $3,000,000 Each occurrence bodily injury and property damage. $3,000,000 Food Products Liability-Completed Operations aggregate $2,000,000 Personal Injury and Advertising Injury S 100,000 Fire Damage $ 5,000 Medical Expense Policies are to include contractual liability and Broad Form Property Damage coverage. 3. Comprehensive Automobile liability(policy must be an occurrence form oolicvl Limits$3,000,000 combined single limit bodily injury and property damage coverage.Covering all owned,non-owned and hired vehicles. 4. Additional Insured'The Town of Mamaroneck and their respective officers and employees must be included as an"Additional Insured"under the Commercial General Liability and Comprehensive Automobile Liability policies. 5. Limits:The above limits requirements may be satisfied by a combination of underlying and excess liability(umbrella form)policies. 6. Cancellation:All policies must be endorsed with a provision that the policies will not be cancelled or matenally changed without sixty(60)days advance written notice. 7. All insurance policies are required to be written on an occurrence basis and shall be maintained for the life of the contract. 8. All insurance required of the contractor shall be in force and written with companies acceptable to the Town of Mamaroneck and licensed to write insurance in the State of New York.All insurance companies shall be at least A-rated by Best's Key rating Guide.As evidence of such insurance,Certificates of Insurance shall be delivered to the Town Administrator.Such certificates shall show any special coverage or gbovisions required by this contract.All certificates must be submitted and approved before the commencement of work. Page 21 of 28 9. The Following endorsement will be made to the contractors general liability policy and affixed to the insurance certificate: • Formatted:Len,Right:0,Lk,e spacing: *pie,Mallon: 1 Honronlal:Len,Relative to:Column,Vertical:In Ine, Relative to:Margin,Width:Auto,Height.Auto It is agreed that the Contractor shall indemnify,hold harmless,save and defend the Town of Mamaroneck,its officers,employees and agents from and against all losses and claims,demands,payments,suits,actions,recoveries and judgments of every nature and description brought or recovered,by an act or omission of said contractor,his agents or employees in the execution of the work or negligence and failure to comply with any law,ordinance or regulation or by reason of the method or manner of doing the work provided in this contract. Formatted Table _ • Formatted:Intent.Left: 0',Posnbn:Horizontal:Len, Relative to:Column,Vertical:to hue,Relative to:Margin, Width:Auto,Height:Auto Formatted Table 11 Page 22 of 28 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 3, 2021 SUBJECT: Salary Authorization - Section 8 Housing Program ATTACHMENTS: 1. Appoint Staff Assistant-Section 8 Rental Assistance Program Page 23 of 28 .14 o �0o Town of Mamaroneck z x0 Town Center •FOUNDED1661• 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: January 28, 2021 SUBJECT: Authorization to Appoint a Staff Assistant-Section 8 Rental Assistance Program Authorization is being requested to appoint Nubia Weekes-Brooks to the full-time position of Staff Assistant-Section 8 Rental Assistance Program at an annual salary of $53,710,effective no later than March 1,2021. The position has been vacant since October 2, 2020 when Ms.Weekes-Brooks resigned to accept another position. The stated salary is budgeted and is what she was being paid at the time of her resignation. The appointment would be subject to the approval of Westchester County Department of Human Resources. If approved,Ms.Weekes-Brooks would be required to serve a fifty-two (52)week probationary period. Ms.Weekes-Brooks worked for the Town about a year and a half prior to her resignation. According to Anna Danoy,Director of Community Services,during her tenure at the Town she was a conscientious worker and valued employee. As such, Ms.Danoy is recommending that the Town Board approve the appointment. ACTION REQUESTED: That the Town Board approve the appointment of Nubia Weekes- Brooks to the position of Staff Assistant-Section 8 Rental Assistance Program at an annual salary of$53,710,effective no later than March 1,2021, subject to the approval of Westchester County Department of Human Resources. Page 24 of 28 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 3, 2021 SUBJECT: Consideration of Certiorari ATTACHMENTS: 1. Consideration of Certiorari February 3, 2021 Page 25 of 28