HomeMy WebLinkAbout2012_11_08 Town Board Minutes November 8,2012
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN
BOARD OF THE TOWN OF MAMARONECK HELD ON NOVEMBER 8,2012,
BEGINNING AT 4:OOPM IN CONFERENCE ROOM A AND CONTINUING AT 8:00
PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST
ROAD, MAMARONECK, NEW YORK
PRESENT:
Supervisor Nancy Seligson
Councilwoman Phyllis Wittner
Councilman Ernest C.Odierna
Councilwoman Abby Katz
Councilwoman Jaine Elkind Eney
ALSO PRESENT: Christina Battalia,Town Clerk(for the first part of Work Session)
Stephen V.Altieri,Town Administrator
William Maker,Jr.,Town Attorney
CALL TO ORDER-WORK SESSION
On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,the Work Session was
unanimously opened at 4:OOPM.
Consideration of Retirement Incentive
The Town Board reviewed a memo prepared by Mary Stanton outlining the Retirement Incentive for
Police Officers and Firefighters,as well as a draft resolution. This resolution is on the Regular Agenda
for this evening.
AFFAIRS OF THE TOWN (during Work Session)
1. Set Public Hearing-Amendment to Chapter 195 of the Town Code-Taxable Status Date
Purpose:
By Local Law No.3-2012,the Town Board exercised the right given to it by Section 283.141 of the
Laws of Westchester County,as amended by Westchester County's Local Law No. 3 of 2008,to change
the Town's Taxable Status Date from June 1 of each calendar year to May 1 of each calendar year.
The Town Board did so by adding a new Article IX to Chapter 195 of the Code of the Town of
Mamaroneck. In doing so,the Town Board inadvertently neglected to amend other sections of
Chapter 195,where the Town Code recites"June 1"as the Town's Taxable Status Date. This Local Law
is designed to make the sections of Chapter 195 lying outside Article IX recite that the Town's Taxable
Status Date is May 1.
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,it was unanimously
RESOLVED,that the Mamaroneck Town Board does hereby set the date for a
Public Hearing on "Conforming the Town Code to the new May 1 Taxable Status
Date" law for November 19,2012 at 8:OOPM in the Court Room of the Town
Center,and
BE IT FURTHER,
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November 8,2012
RESOLVED,that the Town Clerk is hereby authorized to publish the notice of said
hearing in a newspaper appointed as an official newspaper,and that said notice,
be posted.
2. Set Public Hearing DGEIS-Zoning Amendment
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,it was unanimously
RESOLVED,that the Mamaroneck Town Board does hereby set the date for a
Public Hearing on the Draft Generic Environmental Impact Statement(DGEIS)for
the Proposed Zoning Amendment for December 19, 2012 at 8:OOPM in the Court
Room of the Town Center,and
BE IT FURTHER,
RESOLVED,that the Town Clerk is hereby authorized to publish the notice of said
hearing in a newspaper appointed as an official newspaper,and that said notice,
be posted.
3. Approval—Date Change for Town Board Meetings(November 2012&February 2013)
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,it was unanimously
RESOLVED,that the Mamaroneck Town Board does hereby approve
changing the previously scheduled Town Board Meeting of November 20,
2012 to November 19,2012,and
BE IT, FURTHER
RESOLVED,that the Mamaroneck Town Board does hereby approve
changing the previously scheduled Town Board Meeting of February 20,
2013 to February 27, 2013.
4. Approval—Revised 2013 Budget Calendar
On motion of Councilwoman Katz,seconded by Councilwoman Wittner,it was unanimously
RESOLVED,that the Mamaroneck Town Board does hereby approve
amending the remainder of the 2013 Budget Work Sessions to be as
follows:
Friday, November 9,2012 8:30am—1:00 pm Police, Fire&Ambulance
Monday, November 12,2012 2:OOpm- S:OOpm Capital Budget
Wednesday, December 5,2012 8:OOpm Courtroom-Public Hearing
2013 Preliminary Budget
Wednesday, December 19,2012 8:OOpm Adoption of 2013 Budget
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November 8,2012
BUDGET REVIEW SESSION
1. Departmental Budget Review-Community Services
Additionally present: Anna Danoy, Director of Community Services and Housing
2. Departmental Budget Review—Recreation
Additionally present: Jill Fisher,Superintendant of Recreation
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor Seligson at
8:00 PM, she then pointed out the location of the exits.
SUPERVISOR'S SUMMARY REPORT
Supervisor Seligson stated that it was day eleven (11) of the Storm Sandy aftermath.Supervisor
Seligson gave a preliminary report of recovery, noting that since the Town is still in an emergency
response mode,a more in-depth report,with a full analysis,will be presented at the next Town
Board Meeting.
Mr.Altieri stated that the Town has never experienced anything like this before,adding that a full
report will be forthcoming of the expenses incurred by the Town. Mr.Altieri stated that the Federal
Government has agreed to reimburse municipalities for one hundred percent of their expenses due
to this incredible storm.
Supervisor Seligson congratulated those who recently won election in our Community, most
especially our Councilwoman Elkind Eney and Town Justice Ron Meister.
Supervisor Seligson noted what the Town Board discussed during Work Session,adding that the
Town Clerk was unable to attend this rescheduled Meeting.
CITIZEN'S COMMENTS
None
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson,then on motion of Commissioner
Wittner,seconded by Commissioner Elkind Eney,the Board of Fire Commissioners was unanimously
declared open.
Present were the following Members of the Commission:
Commissioner: Nancy Seligson
Commissioner: Phyllis Wittner
Commissioner: Ernest C. Odierna
Commissioner: Abby Katz
Commissioner: Jaine Elkind Eney
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November 8,2012
1. FIRE CLAIMS
On motion of Commissioner Seligson,seconded by Commissioner Odierna,it was
RESOLVED that this Commission hereby authorizes payment of the following Fire Department Claims
as approved by the Fire Chief and audited by the Comptroller's Office:
A&M Industrial Supply Altair-4X Gas Meter with Alarm and Vehicle Charger $1,000.67
AAA Emergency Supply Safety Glasses, Fire Gloves,Hood,Jacket,Voice Amplifier 1,814.98
ASAP Inc. Shipping for Return of Training Prop 40.38
Brewer Bulbs, Hose, Masonry Crack Filler and Caulk 67.27
Chatsworth Cleaners Alterations on Uniform 10.00
Home Depot Building Maint. Equip. 42.62
Home Fair Camera Frame and Two Copies of Photo Print 30.00
New England Uniform LLC Dress Uniform and Quilted Jacket 381.00
Noah Goldberg Reimb. For Uniform Sweatshirt 75.00
Food for Department Drill-10/5/12,Open House-
Oakland Beach Deli 10/16/12 432.50
OSP Inspected Fire System,Covering Hoods, Duct 160.00
Ricoh Copier Contract 9/22-10/21/12 204.35
The Flower Bar Basket for Chief Walter Bell 160.00
Verizon Telephone Service 10/10-11/9/12 355.62
Villa Maria Pizza Food for Explorer Drill-10/3/12 77.53
W.J.W.W. Water Charges 9/30-12/31/12 100.00
Total: $4,951.92
The above resolution was put to a roll call vote:
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner Seligson Aye
The Commissioners'thanked the Firefighters'for the hospitality and care they afforded everyone
who was working in the Emergency Response Center, as well as those individuals out in the field.
There being no further business to come before the Commission,on motion of Commissioner
Odierna,seconded by Commissioner Elkind Eney,the Commission unanimously adjourned and the
Town Board reconvened.
AFFAIRS OF THE TOWN
5. Authorization-Design Contract Hommocks Ice Rink
On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve the
Contract with Burton, Behrendt&Smith Architecture, Landscape
Architecture&Engineering firm (BBS),for Architecture and Engineering
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November 8,2012
Services for the Hommocks Ice Rink Renovation Project,as outlined in the
Contract Letter from Frederick W.Seeba, P.E. LEED AP, Director of
Engineering&Technology for BBS dated November 1,2012.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
6. Report of Bids—TA-12-13 Hommocks Ice Rink Lighting
On motion of Councilwoman Katz,seconded by Councilman Odierna,the following was approved
WHEREAS,on October 2,2012 the Town publicly opened and read four bids for
Contract#TA-12-13 Ice Rink Lighting Re-Bid.
NOW THEREFORE, BE IT
RESOLVED,that the Mamaroneck Town Board does hereby award Contract#TA-12-
13 Ice Rink Lighting Re-Bid to the lowest responsible bidder, Filingeri Electric
Contracting Corporation in the amount of$63,000.00.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
7. Consideration of a Retirement Incentive for Police Officers and Firefighters
On motion of Councilwoman Wittner,seconded by Councilman Odierna,the following was approved,
WHEREAS,the Town of Mamaroneck has determined that ever-increasing costs
necessitate an effort to consider a range of possibilities for reducing Town
expenditures,and
WHEREAS,the Town of Mamaroneck has determined that offering a retirement
incentive plan to employees in the bargaining unit represented by the Town of
Mamaroneck Police Benevolent Association, Inc.(the"PBA")and the Town of
Mamaroneck Professional Firefighter's Association (the"PFFA")is a way to reduce
the Town's future expenditures.
NOW,THEREFORE, BE IT
RESOLVED,that the Mamaroneck Town Board hereby approves the
terms and conditions of the Voluntary Retirement Incentive Plan ("the
Plan") negotiated between the Town and the PBA and the Town and the
PFFA in the forms attached hereto,which are conditioned upon,among
other things,eligible PBA and PFFA unit members resigning their
employment effective December 31,2012,and
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November 8,2012
BE IT, FURTHER
RESOLVED,that the eligible employees shall have from November 9,2012
through December 24,2012 to elect to participate in the Plan,and that
the Plan shall expire,for all purposes,on December 25,2012, except as
provided therein. The Plan shall have no precedential effect,and
BE IT, FURTHER
RESOLVED,that the Town Administrator is hereby authorized on behalf of
the Town to enter into the Plan in the form attached hereto,and take any
and all actions as he deems necessary to carry out and implement the
Plan.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
8. Salary Authorization—Recreation
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,it was
RESOLVED,that as provided for in the 2012 Town Budget the Mamaroneck
Town Board does hereby authorize the payment of salary to the following:
Youth Programs—Retroactive October 16,2012—December 11, 2012
Ginny Oppedisano Art Instructor $75/per class
Hommocks Pool—Retroactive to October 30,2012—December 31, 2012
Thomas Saporito Lifeguard $11/hour
Benjamin Everhart Lifeguard $9/hour
Theodore Magram EMS $25/Session
Kenneth Pomeranz Lifeguard $8.25/hour
Michael lanniello Lifeguard $9.50/hour
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
The Town Board reported on their various activities and meetings they have recently attended.
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November 8,2012
ADJOURNMENT
Supervisor Seligson stated that the Town will continue to fight to have services restored to those
residents still without power. Supervisor Seligson thanked everyone for their hard work,adding that
she is thankful that everyone is safe and hopes we can all return to normal very soon.
On motion of Councilwoman Wittner,seconded by Councilman Odierna,the meeting was
unanimously adjourned.
Submitted by
Christina Battalia,Town Clerk
TMFD RETIREMENT INCENTIVE PLAN
THIS AGREEMENT describes the terms and conditions of a retirement incentive plan which the
Town of Mamaroneck(the "Town") is offering to employees in the bargaining unit represented by the
Town of Mamaroneck Professional Firefighters Association, Local 898(PFFA):
1. General
The Retirement Incentive Plan of the Town of Mamaroneck(the "Plan")was approved by the Town of
Mamaroneck Town Board (the "Board"). The Plan offers an incentive benefit to Town employees in
the PFFA bargaining unit that (1) meet the eligibility requirements of the Plan, (2) elect to participate
in the plan, and (3) voluntarily resign for purposes of retirement effective December 31, 2012. The
Plan shall be the only retirement incentive plan in effect for eligible employees in the PFFA bargaining
unit.
2. Eligibility Requirements
A Town employee is eligible to participate in the Plan ("Eligible Employee") if the employee meets all
of the following requirements:
(a) The employee is a member of the PFFA bargaining unit.
(b) The employee has completed at least 20 years of continuous full time employment
with the Town by December 31,2012.
(c) The employee voluntarily resigns from employment with the Town for purposes of
retirement effective December 31,2012.
An individual will lose Eligible Employee status if his or her employment is terminated pursuant to the
Civil Service Law on or before December 31, 2012. An individual who loses Eligible Employee status
may not take part in the Plan, even if he or she has already been deemed a Plan Participant as defined
in Paragraph 4.
3. Election Period
Eligible Employees have from November 9, 2012 through December 24, 2012, (the "Election Period")
in which to consider their participation in this Plan. Eligible Employees who wish to participate in the
Plan must elect to do so on or before December 24, 2012, and in accordance with the Plan
Participation as set forth herein in Paragraph 4.
4. Plan Participation Requirements:
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November 8,2012
The decision to participate in the Plan is completely voluntary. An Eligible Employee's acceptance or
rejection of the offer to participate in the Plan will have no effect upon the Town management's
determination as to the future of that individual's position or benefits.
Once Eligible Employees complete the requirements set forth in Paragraph 4(a), (b) and (c) herein,
they will have satisfied the requirements for Plan participation and be deemed "Plan Participants."
An Eligible Employee who does not fully complete the requirements of Paragraph 4(a), (b) and (c) is
not a Plan Participant,and will not receive the incentive benefit under the Plan.
(a) Voluntary Election Form and Resignation for Purposes of Retirement(Attachment A):
On or before December 24, 2012, the Eligible Employee must properly execute and submit to the
Town Administrator the Voluntary Election Form and Resignation (the "Election Form," Attachment A
to this agreement). On the Election Form, the Eligible Employee must indicate that he or she is
voluntarily electing to participate in the Plan and that he or she voluntarily resigns from employment
with the Town for purposes of retirement effective December 31, 2012.
(b) Separation and Release Agreement(Attachment B):
On or before December 24, 2012, the Eligible Employee must properly execute and submit to the
Town Administrator the Release Agreement (the "Release," Attachment B to this agreement). The
Release sets forth the nature and amount of the Eligible Employee's Plan benefits. It provides that the
Eligible Employee's execution of the Release will constitute a waiver and release of every claim that
he or she might otherwise have arising out of his or her employment or separation from employment
with the Town. By signing the Release,the Eligible Employee waives any and all legal claims he or she
may have against the Town. The terms of the Release are incorporated herein.
The Eligible Employee will have forty-five (45) days in which to consider the Release. If the Eligible
Employee chooses to enter into the Release, he or she will have seven (7) days in which to revoke that
decision following his or her execution and submission of the signed Release.
If the Release is not revoked within the seven (7) day time period, the Eligible Employee's decision to
(1) receive the incentive benefits under the Plan; (2) resign for purposes of retirement effective
December 31, 2012; and (3) waive and release all possible claims against the Town becomes final.
After this time,the Eligible Employee cannot revoke his or her Election Form or Release.
Any Eligible Employee who revokes the Release within seven (7) days of executing it will not receive
the incentive benefits under the Plan.
(c) Effective Resignation Date of December 31,2012:
In order to receive the incentive benefits under the Plan, Eligible Employees must voluntarily resign
from their employment with the Town for purposes of retirement effective December 31,2012.
5. Plan Benefits
Plan Participants will receive incentive benefits based on completing 20 years of service with the
Town,as follows:
(a) Incentive Benefits
Plan Participants will receive an incentive benefit of$2,000 for each year of service with the Town to a
maximum of 20 years, less applicable payroll taxes,withholdings and deductions.
Plan Participants will receive their longevity payment for 2012 in the amount determined by the
collective bargaining agreement between the Town and the PFFA, less applicable payroll taxes,
withholdings and deductions.
(b) Timing of Payment of Incentive Benefit
Plan Participants will be paid their incentive benefits (including their 2012 longevity payment) on or
before January 10,2013.
(c) Method of Payment
Unless otherwise specified, a Plan Participant's incentive benefits will be paid in cash, less applicable
payroll taxes, withholdings and deductions. Plan Participants, who maintain a 457(b) retirement
account, shall have the option of electing to have their incentive benefits deferred into their 457(b)
retirement accounts,to the extent legally permissible and consistent with the terms of the retirement
account, up to the applicable contribution limit. In order to have the incentive deferred into a 457(b)
account, a Plan Participant must authorize the Town to make this deferral on the Election Form
(Attachment A). In the event that the amount a Plan Participant elects to defer to their 457(b)
retirement account exceeds the applicable contribution limit, the excess amount shall be paid to the
Plan Participant in cash, less applicable payroll taxes,withholdings and deductions.
The PFFA acknowledges that the Town has made no representation to the PFFA or its members as to
the position of the Internal Revenue Service ("IRS") regarding the tax-deferred status of contributions
made to Plan Participants'457(b) retirement accounts.
In no event shall payment of the incentive benefits be made if the Plan Participant re-enters service
with the Town as an employee.
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November 8,2012
6. Effect of the Plan on other Town Benefits
Some Eligible Employees may not yet be eligible for regular retirement under the New York State
Police and Fire Retirement System. Such employees may choose to take early retirement in order to
take advantage of the Plan; however, such an election may decrease future pension income.
Employees are encouraged to contact the New York State Police and Fire Retirement System to
determine their eligibility for retirement under the State Retirement System, and their projected
pension income should they resign on the date required by the Plan.
This Plan shall not affect any contractual benefit(s) Plan Participants are otherwise entitled to receive
upon resignation for purposes of retirement.
7. Amendment or Termination of the Plan
The Board reserves the right to modify, amend or terminate (in whole or in part) any or all of the
provisions of the Plan. The Board reserves the right,at any time,to discontinue or terminate the Plan.
Any Plan amendment shall be made by Board resolution. Any such amendment, discontinuance or
termination shall be effective at such date as the Board shall determine. No Plan amendment shall, in
any way, affect a Plan Participant's right to Plan benefits, or diminish or eliminate any claims for Plan
benefits to which the Plan Participant shall have become entitled to before such amendment. If not
terminated sooner, the Plan will terminate on December 25, 2012, except for purposes of permissible
revocation by a Plan Participant as detailed in Paragraph 4(b) herein or for the Town to fulfill its
obligations hereunder. The PFFA herewith waives the applicability of Section 209-a.1(e) of the Public
Employees' Fair Employment Act to the entirety of the subject matter of this Retirement Incentive
Plan.
8. Voluntary Plan
The adoption of the Plan is purely voluntary on the part of the Town and shall not be deemed to
constitute a contract between the Town, any employee or other person not in the employ of the
Town; or to be a consideration for, or an inducement or condition of, the employment of any
employee, or other person, or to give any right to be retained in the employ of the Town; or to
interfere with the right of an employee to quit at any time, or to interfere with the right of the Town
to discharge any employee or other person at any time.
9. No Rights Accrued or Created
Nothing in the Plan shall be construed as giving to an employee of the Town a right to receive any
benefit other than the benefits specifically provided under the terms of the Plan. Nothing in the Plan
shall be construed to limit in any manner the right of the Town to discharge, demote, downgrade,
transfer, relocate, or in any other manner treat or deal with any person in its employ, subject to the
terms of any governing collective bargaining agreement, without regard to the effect such treatment
or dealing may have upon such person as someone who might otherwise have become (or remained)
an Eligible Employee,which right is hereby reserved. No benefits shall be deemed to accrue under the
Plan at any time except the time at which they become payable under the Plan, and no right to a
benefit under the Plan shall be deemed to vest before an Eligible Employee signs and does not revoke
the Separation Agreement and Release.
10. Severability
If any provision of the Plan shall be held illegal or invalid for any reason, such illegality or invalidity
shall not affect the remaining provisions of the Plan, and the Plan shall be construed and enforced as
if such illegal and invalid provisions had never been set forth in the Plan.
11. Non-Assignment of Benefits
No benefits payable under the Plan shall be subject to assignment, transfer, sale, pledge or other
encumbrance,and any attempt to do so shall be void.
12. Additional Information About the Plan
Eligible Employees who seek additional information about the Plan should contact Mary Stanton,
Assistant to the Town Administrator at(914)381-7812.
IN WITNESS WHEREOF, this Plan document is hereby executed this _th day of November,
2012.
TOWN OF MAMARONECK
By:
Stephen V.Altieri,Town Administrator
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November 8,2012
PFFA BARGAINING UNIT
By:
Attachment A
Voluntary Election Form and Resignation
Dear Mr.Altieri,
This letter is to inform you that I am voluntarily electing to take part in the Retirement Incentive Plan.
Therefore, I hereby resign from my position with the Town for purposes of retirement effective
December 31, 2012.
Please note that my resignation for purposes of voluntary retirement is effective solely upon my
inclusion as an eligible employee under the terms of the Retirement Incentive Plan and my execution
and submission to you of the Release,Attachment B to the Retirement Incentive Plan.
I understand that if I do not revoke my Release within seven (7) days after I have executed it, my
voluntary decision to take part in the Retirement Incentive Plan becomes final and I cannot revoke
this letter of resignation after that time.
My election for the payment of my incentive benefit is as follows:
Pay my incentive benefit to me in cash, less applicable payroll taxes,
withholdings and deductions.
Defer my incentive benefit to my 457(b) retirement account, up to my
contribution limit. I understand that any excess incentive benefit will be paid
to me in cash. By signing this Election Form, I authorize the Town to make
this deferment to my 457(b)account.
Defer of my incentive benefit to my 457(b) retirement account,with
the remainder of the benefit paid to me in cash. I understand that in the
event the aforementioned amount is in excess of my contribution limit, the
Town will defer only that amount necessary to reach my applicable
contribution limit, with the excess being paid to me in cash. By signing this
Election Form, I authorize the Town to make this deferment to my 457(b)
account.
Dated:
Employee Name
Please Print
Employee Signature
ATTACHMENT B
NOTICE: THIS AGREEMENT CONTAINS A
RELEASE OF ALL CLAIMS AGAINST YOUR EMPLOYER,
INCLUDING CLAIMS OF AGE DISCRIMINATION. YOU
SHOULD THOROUGHLY REVIEW AND UNDERSTAND
THE TERMS, CONDITIONS AND EFFECT OF THIS
GENERAL RELEASE. YOU HAVE 45 DAYS TO DECIDE
WHETHER TO SIGN THIS AGREEMENT. YOU WILL HAVE
SEVEN (7) DAYS AFTER SIGNING THIS AGREEMENT TO
REVOKE IT. YOU ARE ADVISED TO CONSULT WITH AN
ATTORNEY BEFORE YOU SIGN THIS GENERAL RELEASE.
RETIREMENT INCENTIVE AGREEMENT AND RELEASE
I. Release and Waiver
1. 1 understand that the Town of Mamaroneck's Retirement Incentive Plan (the "Plan") is
completely voluntary and I am electing to accept the Plan voluntarily, and of my own free will. I
understand that the decision whether to accept or reject the Plan is entirely within my own discretion.
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November 8,2012
2. (a) I understand that my last day of employment with the Town of Mamaroneck (the "Town")
will be December 31, 2012. 1 understand that my salary will end on December 31, 2012 and that the
Town will remove me from its payroll effective December 31,2012.
(b) I understand that, by signing this Agreement and Release, I am accepting the Plan and
resigning from my employment with the Town,effective December 31,2012.
3. 1 acknowledge that, on or before December 24, 2012, 1 must give to the Town Administrator
my Voluntary Election Form and Resignation,which will be effective December 31, 2012.
4. In consideration for the Incentive Amount of and my longevity
payment for the year 2012 1 will receive under the Plan, less applicable payroll taxes, withholdings
and deductions, I and any person acting by, through, or under me, (such as my heirs, executors,
administrators, and assigns) release, waive, and forever discharge the Town, its past, present and
future Trustees, agents, employees, officers, directors, successors, and assigns from any and all
actions, demands, obligations, agreements, or proceedings of any kind, whether known or unknown,
at this time, arising out of, or connected with, my employment with the Town and/or my separation
from the Town, including, but not limited to any claims of breach of contract (express or implied) or
collective bargaining agreement, improper practice charges, claims for unpaid wages or benefits,
wrongful termination or abusive discharge; claims of defamation of character, infliction of emotional
distress or other tort; and any claims under any federal, state or local law dealing with discrimination
or harassment on the basis of age, sex or sexual orientation, race, color, ancestry or national origin,
religion or creed, marital status,or handicap or disability,and/or any other category protected by law.
Claims covered by this Release paragraph include, but are not limited to, claims under the federal Age
Discrimination in Employment Act ("ADEA"), the federal Americans with Disabilities Act, as amended,
Title VII of the federal Civil Rights Act of 1964, as amended, the New York State Labor Law, the New
York State Civil Service Law, the New York State Civil Rights Law, and the New York State Human
Rights Law,or pursuant to any other federal,state and/or local Constitution, laws, regulations,orders,
policies, or practices, including claims for retaliation for asserting any claims under any such laws, and
including damages, attorney's fees, costs and expenses or any other claims for relief. I also waive any
right to future employment with the Town.
I understand this release does not apply to any claims or rights that may arise after the date that I
signed this release, the consideration for this release, any vested rights under the Town's employee
benefits plans as applicable on the date I sign this release, if I have any, and any claims that the
controlling law provides may not be released by private agreement, such as, but not limited to, claims
for workplace illness or injury under workers compensation laws.
II. Voluntary Agreement;Advice of Counsel;45 Day Period
I acknowledge that:
(a) I have read this document, and I understand its legal and binding effect. I am acting voluntarily
and of my own free will in executing this release.
(b) The consideration for this release is in addition to anything of value to which I already am
entitled.
(c) The Town is hereby advising me to consult with an attorney before signing this release.
(d) I have had sufficient opportunity to seek legal counsel before signing this release.
(e) I have had a reasonable amount of time to consult with my attorney, family and/or financial
advisor to consider the Plan and the Release.
(f) I have been given at least 45 days to consider the terms of this release before signing it. If I sign
this release before the full 45 days, I do so knowingly and voluntarily, and waive the remainder of
the 45-day consideration period, if any,following the date I signed this release below. I have not
been asked by the Town to shorten my time period for consideration of whether to sign this
release. The Town has not threatened or promised to reduce or enhance the benefits due me
prior to the expiration of the 45-day period nor has the Town provided different terms to me if I
sign this release prior to the expiration of the 45-day consideration period.
(g) I agree with the Town that changes to this Agreement and Release, whether material or
immaterial,do not restart the running of the 45-day consideration period.
(h) I understand and agree that in return for the consideration the Town is supplying, I am waiving
any age discrimination claim that I might have up to the date that I sign this Agreement,as well as
any and all other claims against the Town arising at any time up to my execution of this
Agreement.
III. Revocation
I understand that if I sign this Agreement and Release, I can change my mind and revoke it within
seven (7) days after signing it by sending and delivering a written revocation notice to Stephen Altieri,
Town Administrator, at Town of Mamaroneck, 740 West Boston Post Road, Mamaroneck, NY 10543
by hand or mail within seven calendar days after I have signed this Agreement and Release. If sent by
mail, the revocation must be (a) postmarked within the seven-day period; (b) properly addressed to
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November 8,2012
Stephen Altieri; and (c) sent certified mail, return receipt requested. I understand that this
Agreement and Release will not be effective until after this seven-day period has expired. If the final
day for revoking this agreement falls on a weekend or holiday, I understand I have until the end of the
next business day to revoke.
IV. Binding Agreement
I understand that, following the seven-day revocation period, this Agreement, including the release
and waiver above, will be final and binding. I also understand that, following the seven-day
revocation period, my decision to voluntarily resign from employment with the Town will be final.
I promise that I will not pursue any claim that I have settled by this release. If I break this promise, I
agree to pay all of the Town's costs and expenses(including reasonable attorneys'fees) related to the
defense of any claims. However, this promise not to sue does not apply to claims I may have under
the ADEA. Although I am releasing claims that I may have under the ADEA, I understand that I may
challenge the knowing and voluntary nature of this release under the ADEA before a court, the Equal
Employment Opportunity Commission (EEOC), or any other federal, state or local agency charged with
the enforcement of any employment laws. I understand, however,that if I pursue a claim against the
Town under the ADEA, a court has the discretion to determine whether the Town is entitled to
restitution, recoupment, or set off (hereinafter "reduction") against a monetary award obtained by
me in the court proceeding. A reduction never can exceed the amount I recover, or the consideration
I received for signing this release, whichever is less. I also recognize that the Town may be entitled to
recover costs and attorneys'fees incurred by the Town as specifically authorized under applicable law.
I further understand that nothing in this release generally prevents me from filing a charge or
complaint with, or from participating in an investigation or proceeding conducted by the EEOC, NLRB,
or any other federal, state or local agency charged with the enforcement of any employment laws,
although by signing this release I am waiving my right to individual relief based on claims asserted in
such a charge or complaint.
V. Information About the Plan
I acknowledge that I reviewed and read a copy of the Plan, and that the Town made information
available to me on the disclosure attached to this Agreement as Attachment 1 regarding:
(a) the job titles and ages of all individuals eligible for the Plan in my decisional unit (i.e., members of
the PFFA bargaining unit with 20 or more years of service); and
(b) the job titles and ages of all individuals eligible for the Plan in other decisional units considered
and approved by the Town.
VI. Town Property
I agree to return all confidential information, firearms, computer hardware or software, files, papers,
memoranda, correspondence,financial data, credit cards, keys,tape recordings, pictures, and security
access cards, and any other items of any nature which were or are the property of the Town, on or
before December 31, 2012. 1 further agree not to retain any copies of any such property in my
possession or under my control unless such information is public information.
VII. General Provisions
This Agreement, and its validity, shall be construed under New York law and enforced in accordance
with the laws of the State of New York. This release constitutes the complete and total agreement
between the Town and me with respect to issues addressed in this release. I represent that, in
entering into this Agreement and Release, I am not relying on any other agreements or oral
representations not fully expressed in this document and the Town of Mamaroneck's Retirement
Incentive Plan. I agree that this release shall not be modified,altered,or discharged except by written
instrument signed by an authorized Town representative and me. The headings in this document are
for reference only, and shall not in any way affect the meaning or interpretation of this release. I
further agree that this document may be used as evidence in a subsequent proceeding in which the
Town or I allege a breach of this release or as a complete defense to any claim released in this
Agreement. Other than this exception, I agree that this release will not be introduced as evidence in
any administrative proceeding, arbitration or lawsuit. I agree that should any part of this release be
found to be void or unenforceable by a court of competent jurisdiction, that determination will not
affect the remainder of this release. I agree that the language of all parts of this Agreement shall be
construed as a whole, according to its fair meaning, and not strictly for or against either party,
regardless of who drafted it.
I have read and understand this Agreement and Release. I accept the consideration stated above and
agree to be bound by the terms of this Agreement and Release.
Dated: Signature:
12
November 8,2012
Name Printed:
ATTACHMENT 1
DISCLOSURE OF INDIVIDUALS ELIGIBLE FOR THE PLAN
Position Age Years of Service Number Eligible Number Ineligible
Firefighter 55 20 1 0
Firefighter 56 27 1 0
Police Chief 60 38 1 0
Executive 57 30 1 0
Lieutenant
Lieutenant 55 26 1 0
Detective,Youth 62 36 1 0
Officer
Police Officer 55 26 1 0
Police Officer 49 25 1 0
Police Officer 47 21 1 0
TMPD RETIREMENT INCENTIVE PLAN
THIS AGREEMENT describes the terms and conditions of a retirement incentive plan which the
Town of Mamaroneck(the "Town") is offering to employees in the bargaining unit represented by the
Town of Mamaroneck Police Benevolent Association,Inc.(the"PBA"):
13. General
The Retirement Incentive Plan of the Town of Mamaroneck(the "Plan")was approved by the Town of
Mamaroneck Town Board (the "Board"). The Plan offers an incentive benefit to Town employees in
the PBA bargaining unit that(1) meet the eligibility requirements of the Plan,(2) elect to participate in
the plan, and (3) voluntarily resign for purposes of retirement effective December 31, 2012.The Plan
shall be the only retirement incentive plan in effect for eligible employees in the PBA bargaining unit.
14. Eligibility Requirements
A Town employee is eligible to participate in the Plan ("Eligible Employee") if the employee meets all
of the following requirements:
(a) The employee is a member of the PBA bargaining unit.
(b) The employee has completed at least 20 years of continuous full time employment
with the Town by December 31,2012.
(c) The employee voluntarily resigns from employment with the Town for purposes of
retirement effective Friday December 30,2012.
An individual will lose Eligible Employee status if his or her employment is terminated pursuant to the
Civil Service Law on or before December 31, 2012. An individual who loses Eligible Employee status
may not take part in the Plan, even if he or she has already been deemed a Plan Participant as defined
in Paragraph 4.
15. Election Period
Eligible Employees who wish to participate in the Plan must elect to do so on or before December 13,
2012,and in accordance with the Plan Participation as set forth herein in Paragraph 4.
16. Plan Participation Requirements:
The decision to participate in the Plan is completely voluntary. An Eligible Employee's acceptance or
rejection of the offer to participate in the Plan will have no effect upon the Town management's
determination as to the future of that individual's position or benefits.
Once Eligible Employees complete the requirements set forth in Paragraph 4(a), (b) and (c) herein,
they will have satisfied the requirements for Plan participation and be deemed "Plan Participants."
An Eligible Employee who does not fully complete the requirements of Paragraph 4(a), (b) and (c) is
not a Plan Participant,and will not receive the incentive benefit under the Plan.
(a) Voluntary Election Form and Resignation for Purposes of Retirement(Attachment A):
On or before December 24, 2012, the Eligible Employee must properly execute and submit to the
Town Administrator the Voluntary Election Form and Resignation (the "Election Form," Attachment A
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November 8,2012
to this agreement). On the Election Form, the Eligible Employee must indicate that he or she is
voluntarily electing to participate in the Plan and that he or she voluntarily resigns from employment
with the Town for purposes of retirement effective December 31, 2012.
(b) Separation and Release Agreement(Attachment B):
On or before December 24, 2012, the Eligible Employee must properly execute and submit to the
Town Administrator the Release Agreement (the "Release," Attachment B to this agreement). The
Release sets forth the nature and amount of the Eligible Employee's Plan benefits. It provides that the
Eligible Employee's execution of the Release will constitute a waiver and release of every claim that
he or she might otherwise have arising out of his or her employment or separation from employment
with the Town. By signing the Release,the Eligible Employee waives any and all legal claims he or she
may have against the Town. The terms of the Release are incorporated herein.
If the Eligible Employee chooses to enter into the Release, he or she will have seven (7) days in which
to revoke that decision following his or her execution and submission of the signed Release.
If the Release is not revoked within the seven (7) day time period, the Eligible Employee's decision to
(1) receive the incentive benefits under the Plan; (2) resign for purposes of retirement effective
Monday December 31, 2012; and (3) waive and release all possible claims against the Town becomes
final. After this time,the Eligible Employee cannot revoke his or her Election Form or Release.
Any Eligible Employee who revokes the Release within seven (7) days of executing it will not receive
the incentive benefits under the Plan.
(c) Effective Resignation Date Friday December 30,2011:
In order to receive the incentive benefits under the Plan, Eligible Employees must voluntarily resign
from their employment with the Town for purposes of retirement Monday December 31,2012.
17. Plan Benefits
Plan Participants will receive incentive benefits based on completing 20 years of service with the
Town,as follows:
(a) Incentive Benefits
Plan Participants will receive an incentive benefit of$2,000 for each year of service with the Town to a
maximum of 20 years, less applicable payroll taxes,withholdings and deductions.
Plan Participants will receive their longevity payment for 2012 in the amount determined by the
collective bargaining agreement between the Town and the PBA, less applicable payroll taxes,
withholdings and deductions.
(b) Timing of Payment of Incentive Benefit
Plan Participants will be paid their incentive benefits (including their 2011 longevity payment) on or
before the effective date of their resignation for purposes of retirement.
(c) Method of Payment
Unless otherwise specified, a Plan Participant's incentive benefits will be paid in cash, less applicable
payroll taxes, withholdings and deductions. Plan Participants, who maintain a 403(b) retirement
account, shall have the option of electing to have their incentive benefits deferred into their 403(b)
retirement accounts,to the extent legally permissible and consistent with the terms of the retirement
account, up to the applicable contribution limit. In order to have the incentive deferred into a 403(b)
account, a Plan Participant must authorize the Town to make this deferral on the Election Form
(Attachment A). In the event that the amount a Plan Participant elects to defer to their 403(b)
retirement account exceeds the applicable contribution limit, the excess amount shall be paid to the
Plan Participant in cash, less applicable payroll taxes,withholdings and deductions.
The PBA acknowledges that the Town has made no representation to the PBA or its members as to
the position of the Internal Revenue Service ("IRS") regarding the tax-deferred status of contributions
made to Plan Participants'403(b) retirement accounts.
In no event shall payment of the incentive benefits be made if the Plan Participant re-enters service
with the Town as an employee.
18. Effect of the Plan on other Town Benefits
Some Eligible Employees may not yet be eligible for regular retirement under the New York State
Police and Fire Retirement System. Such employees may choose to take early retirement in order to
take advantage of the Plan; however, such an election may decrease future pension income.
Employees are encouraged to contact the New York State Police and Fire Retirement System to
determine their eligibility for retirement under the State Retirement System, and their projected
pension income should they resign on the date required by the Plan.
This Plan shall not affect any contractual benefit(s) Plan Participants are otherwise entitled to receive
upon resignation for purposes of retirement.
19. Amendment or Termination of the Plan
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November 8,2012
The Board reserves the right to modify, amend or terminate (in whole or in part) any or all of the
provisions of the Plan. The Board reserves the right,at any time,to discontinue or terminate the Plan.
Any Plan amendment shall be made by Board resolution. Any such amendment, discontinuance or
termination shall be effective at such date as the Board shall determine. No Plan amendment shall, in
any way, affect a Plan Participant's right to Plan benefits, or diminish or eliminate any claims for Plan
benefits to which the Plan Participant shall have become entitled to before such amendment. If not
terminated sooner, the Plan will terminate on December 14, 2011, except for purposes of permissible
revocation by a Plan Participant as detailed in Paragraph 4(b) herein or for the Town to fulfill its
obligations hereunder. The PBA herewith waives the applicability of Section 209-a.1(e) of the Public
Employees' Fair Employment Act to the entirety of the subject matter of this Retirement Incentive
Plan.
20. Voluntary Plan
The adoption of the Plan is purely voluntary on the part of the Town and shall not be deemed to
constitute a contract between the Town, any employee or other person not in the employ of the
Town; or to be a consideration for, or an inducement or condition of, the employment of any
employee, or other person, or to give any right to be retained in the employ of the Town; or to
interfere with the right of an employee to quit at any time, or to interfere with the right of the Town
to discharge any employee or other person at any time.
21. No Rights Accrued or Created
Nothing in the Plan shall be construed as giving to an employee of the Town a right to receive any
benefit other than the benefits specifically provided under the terms of the Plan. Nothing in the Plan
shall be construed to limit in any manner the right of the Town to discharge, demote, downgrade,
transfer, relocate, or in any other manner treat or deal with any person in its employ, subject to the
terms of any governing collective bargaining agreement, without regard to the effect such treatment
or dealing may have upon such person as someone who might otherwise have become (or remained)
an Eligible Employee,which right is hereby reserved. No benefits shall be deemed to accrue under the
Plan at any time except the time at which they become payable under the Plan, and no right to a
benefit under the Plan shall be deemed to vest before an Eligible Employee signs and does not revoke
the Separation Agreement and Release.
22. Severability
If any provision of the Plan shall be held illegal or invalid for any reason, such illegality or invalidity
shall not affect the remaining provisions of the Plan, and the Plan shall be construed and enforced as
if such illegal and invalid provisions had never been set forth in the Plan.
23. Non-Assignment of Benefits
No benefits payable under the Plan shall be subject to assignment, transfer, sale, pledge or other
encumbrance,and any attempt to do so shall be void.
24. Additional Information About the Plan
Eligible Employees who seek additional information about the Plan should contact Mary Stanton,
Assistant to the Town Administrator at(914)381-7812.
IN WITNESS WHEREOF, this Plan document is hereby executed this _th day of December,
2012.
TOWN OF MAMARONECK
By:
Stephen V.Altieri,Town Administrator
PBA BARGAINING UNIT
By:
15
November 8, 2012
ATTACHMENT A
Voluntary Election Form and Resignation
Dear Mr.Altieri,
This letter is to inform you that I am voluntarily electing to take part in the Retirement Incentive Plan.
Therefore, I hereby resign from my position with the Town for purposes of retirement effective
December 31, 2012. 1 understand that the Town will charge my accrued vacation leave from January 1,
2012 through the date of my resignation.
Please note that my resignation for purposes of voluntary retirement is effective solely upon my
inclusion as an eligible employee under the terms of the Retirement Incentive Plan and my execution and
submission to you of the Release,Attachment B to the Retirement Incentive Plan.
I understand that if I do not revoke my Release within seven (7) days after I have executed it, my
voluntary decision to take part in the Retirement Incentive Plan becomes final and I cannot revoke this
letter of resignation after that time.
My election for the payment of my incentive benefit is as follows:
Pay my incentive benefit to me in cash, less applicable payroll taxes,withholdings
and deductions.
Defer my incentive benefit to my 403(b) retirement account, up to my
contribution limit. I understand that any excess incentive benefit will be paid to
me in cash. By signing this Election Form, I authorize the Town to make this
deferment to my 403(b)account.
Defer of my incentive benefit to my 403(b) retirement account, with
the remainder of the benefit paid to me in cash. I understand that in the event
the aforementioned amount is in excess of my contribution limit, the Town will
defer only that amount necessary to reach my applicable contribution limit, with
the excess being paid to me in cash. By signing this Election Form, I authorize the
Town to make this deferment to my 403(b)account.
Dated:
Employee Name
Please Print
Employee Signature
ATTACHMENT B
RETIREMENT INCENTIVE AGREEMENT AND RELEASE
I. Release and Waiver
1. 1 understand that the Town of Mamaroneck's Retirement Incentive Plan (the "Plan") is
completely voluntary and I am electing to accept the Plan voluntarily, and of my own free will. I
understand that the decision whether to accept or reject the Plan is entirely within my own discretion.
2. (a) I understand that my last day of employment with the Town of Mamaroneck (the "Town")
will be December 28, 2012. 1 understand that my salary will end on the date of my effective resignation
and that the Town will remove me from its payroll.
(b) I understand that, by signing this Agreement and Release, I am accepting the Plan and
resigning from my employment with the Town,effective December 31,2012.
3. 1 acknowledge that, on or before December 13, 2012, 1 must give to the Town Administrator my
Voluntary Election Form and Resignation,which will be effective December 30,2011.
4. In consideration for the Incentive Amount of and my longevity payment
for the year 2012, 1 will receive under the Plan, less applicable payroll taxes, withholdings and
deductions, I and any person acting by, through, or under me, (such as my heirs, executors,
administrators, and assigns) release, waive, and forever discharge the Town, its past, present and future
Trustees, agents, employees, officers, directors, successors, and assigns from any and all actions,
demands,obligations, agreements, or proceedings of any kind,whether known or unknown, at this time,
arising out of, or connected with, my employment with the Town and/or my separation from the Town,
including, but not limited to any claims of breach of contract(express or implied) or collective bargaining
agreement, improper practice charges, claims for unpaid wages or benefits, wrongful termination or
abusive discharge; claims of defamation of character, infliction of emotional distress or other tort; and
any claims under any federal, state or local law dealing with discrimination or harassment on the basis of
sex or sexual orientation, race, color, ancestry or national origin, religion or creed, marital status, or
handicap or disability, and/or any other category protected by law. Claims covered by this Release
paragraph include, but are not limited to, claims under the federal Americans with Disabilities Act, as
amended,the Title VII of the federal Civil Rights Act of 1964, as amended,the New York State Labor Law,
the New York State Civil Service Law, the New York State Civil Rights Law, and the New York State
Human Rights Law, or pursuant to any other federal, state and/or local Constitution, laws, regulations,
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November 8, 2012
orders, policies, or practices, including claims for retaliation for asserting any claims under any such laws,
and including damages, attorney's fees, costs and expenses or any other claims for relief. I also waive
any right to future employment with the Town.
I understand this release does not apply to any claims or rights that may arise after the date that I signed
this release, the consideration for this release, any vested rights under the Town's employee benefits
plans as applicable on the date I sign this release, if I have any, and any claims that the controlling law
provides may not be released by private agreement, such as, but not limited to, claims for workplace
illness or injury under workers compensation laws.
II. Voluntary Agreement;Advice of Counsel
I acknowledge that:
(a) I have read this document, and I understand its legal and binding effect. I am acting voluntarily and
of my own free will in executing this release.
(b) The consideration for this release is in addition to anything of value to which I already am entitled.
(c) The Town is hereby advising me to consult with an attorney before signing this release.
(d) I have had sufficient opportunity to seek legal counsel before signing this release.
(e) I have had a reasonable amount of time to consult with my attorney, family and/or financial advisor
to consider the Plan and the Release.
(f) I understand and agree that in return for the consideration the Town is supplying, I am waiving all
claims against the Town arising at any time up to my execution of this Agreement.
(g) I understand and agree that in return for the consideration the Town is supplying, I am waiving any
and all claims I may have against the Town arising from the beginning of time up to and including the
date of my execution of this Agreement.
III. Revocation
I understand that if I sign this Agreement and Release, I can change my mind and revoke it within seven
(7) days after signing it by sending and delivering a written revocation notice to Stephen Altieri, Town
Administrator, at Town of Mamaroneck, 740 West Boston Post Road, Mamaroneck, NY 10543 by hand or
mail within seven calendar days after I have signed this Agreement and Release. If sent by mail, the
revocation must be (a) postmarked within the seven-day period; (b) properly addressed to Stephen
Altieri; and (c) sent certified mail, return receipt requested. I understand that this Agreement and
Release will not be effective until after this seven-day period has expired. If the final day for revoking
this agreement falls on a weekend or holiday, I understand I have until the end of the next business day
to revoke.
IV. Binding Agreement
I understand that, following the seven-day revocation period, this Agreement, including the release and
waiver above, will be final and binding. I also understand that, following the seven-day revocation
period, my decision to voluntarily resign from employment with the Town will be final.
I promise that I will not pursue any claim that I have settled by this release. If I break this promise, I
agree to pay all of the Town's costs and expenses (including reasonable attorneys' fees) related to the
defense of any claims. I also recognize that the Town may be entitled to recover costs and attorneys'
fees incurred by the Town as specifically authorized under applicable law. I further understand that
nothing in this release generally prevents me from filing a charge or complaint with,or from participating
in an investigation or proceeding conducted by the EEOC, NLRB, or any other federal, state or local
agency charged with the enforcement of any employment laws, although by signing this release I am
waiving my right to individual relief based on claims asserted in such a charge or complaint.
V. Town Property
I agree to return all confidential information, firearms, computer hardware or software, files, papers,
memoranda, correspondence, financial data, credit cards, keys, tape recordings, pictures, and security
access cards, and any other items of any nature which were or are the property of the Town, on or
before December 31, 2012. 1 further agree not to retain any copies of any such property in my
possession or under my control unless such information is public information.
VI. General Provisions
This Agreement, and its validity, shall be construed under New York law and enforced in accordance with
the laws of the State of New York. This release constitutes the complete and total agreement between
the Town and me with respect to issues addressed in this release. I represent that, in entering into this
Agreement and Release, I am not relying on any other agreements or oral representations not fully
expressed in this document and the Town of Mamaroneck's Retirement Incentive Plan. I agree that this
release shall not be modified, altered, or discharged except by written instrument signed by an
authorized Town representative and me. The headings in this document are for reference only,and shall
not in any way affect the meaning or interpretation of this release. I further agree that this document
may be used as evidence in a subsequent proceeding in which the Town or I allege a breach of this
release or as a complete defense to any claim released in this Agreement. Other than this exception, I
agree that this release will not be introduced as evidence in any administrative proceeding, arbitration or
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November 8, 2012
lawsuit. I agree that should any part of this release be found to be void or unenforceable by a court of
competent jurisdiction,that determination will not affect the remainder of this release. I agree that the
language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and
not strictly for or against either party, regardless of who drafted it.
I have read and understand this Agreement and Release. I accept the consideration stated above and
agree to be bound by the terms of this Agreement and Release.
Dated: Signature:
Name Printed:
18