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HomeMy WebLinkAbout2003_04_22 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON APRIL 22, 2003 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilwoman Judith A. Myers Councilman Ernest C. Odierna Councilwoman Nancy Seligson ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:20 PM, who then pointed out the location of exits. The Supervisor announced there would be two items added to the agenda: Emergency Repair of the Bridge on East Brookside Drive and Certiorari Settlement. PUBLIC HEARINGS - Proposed Stop Sign - Rockland Avenue/Crest Avenue - Proposed Stop Sign - Rockland Avenue/Woody Lane - Proposed Stop Sign - Rockland Avenue/Avon Road - No Parking Zone - Rockland Avenue/Weaver Street - No Parking Zone - Sackett Circle - Establish Parking Zone for Town Fire Chief-Alden Road - Moratorium Hardship Application - Melron Associates - Moratorium Hardship Application - Ten Grand Associates - Local Law Regarding Boards, Committees and Commissions The following Public Hearing Notices were placed into the record: PROPOSED STOP SIGN - ROCKLAND AVENUE/CREST AVENUE PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Tuesday, April 22, 2003 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled "Stop Sign at the Intersection of Rockland Avenue and Crest Avenue". The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. PROPOSED STOP SIGN - ROCKLAND AVENUE/WOODY LANE PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Tuesday, April 22, 2003 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled "Stop Sign at the Intersection of Rockland Avenue and Woody Lane". April 22, 2003 PROPOSED STOP SIGN - ROCKLAND AVENUE/AVON ROAD PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Tuesday, April 22, 2003 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled "Stop Sign at the Intersection of Rockland Avenue and Avon Road". The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. NO PARKING ZONE - ROCKLAND AVENUE/WEAVER STREET PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Tuesday, April 22, 2003 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled "No Parking on Rockland Avenue Near Its Intersection With Weaver Street". The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. NO PARKING ZONE - SACKETT CIRCLE PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Tuesday, April 22, 2003 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled "Seasonal No Parking on a Section of Sackett Circle". The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. On motion of Councilman Odierna, seconded by Councilwoman Seligson, the hearings were declared open. The Board decided to open the hearings for this area concurrently for discussion. The Supervisor asked Mr. Maker to explain the proposed amendments. Mr. Maker said residents had requested some relief from speeding cars in this area, and the laws were drafted to help alleviate some of the problems by placement of stop signs along the area. Vehicles heading east on Rockland would now be required to make a full stop where the road intersects with Crest, then one would also be placed at the intersection with Woody Lane, and another at Avon Road. The Supervisor asked if anyone wished to speak in favor of these laws. Councilwoman Myers noted this was devised by the Traffic Committee who thought the speeding was a burden to the residents. As liaison to Traffic she is impressed by residents who appear before them, and she knows the Traffic Committee members went to great lengths to try to find solutions to the problem. Adiano ?????, resident, would not recommend any stop sign on Rockland. He said there had been an accident the prior evening and four people had been taken to the hospital. The car had been heading toward Weaver on Rockland and collided with another car going towards Mamaroneck because they could not see each other. 2 April 22, 2003 Lt. John Anderson, the police department representative to the Traffic Committee said the accident was caused by one of the cars making an illegal turn. Ed Clarke, 67 Rockland Avenue, said he was against the stop sign at Crest Avenue. He said the residents in the area of Rockland had requested, at a prior meeting and at the Traffic meeting, a reduced speed limit of 15 miles per hour, and no through trucking. The Town Board had six months to study this. It is not just a matter of stop signs - children have to deal with heavy traffic at high speeds. The streets are narrow in certain areas, a reduction of the speed limit to 25 MPH would help. In addition to the accident on Thursday, Mr. Clarke said he saw a bicyclist get hit, and there have been even more accidents near the curve near the Carpino home. He continued "do you think this is safe, the traffic members said trucks would move to Palmer or the Boston Post Road if we had a no through traffic ordinance on Rockland. Myrtle Boulevard has a 25 mph speed limit, they have a wider street and sidewalks, why do they have it and not Rockland". He requested that ordinances be adopted for a lower speed limit; no through trucking; and some consideration to sight distances. Ms. Spier lives on the corner of Rockland and Woody, thinks the stop sign if put in should be moved to a place nearer to Badger Camp. Jim Holiver, 68 Rockland Avenue, said he lives across from the proposed stop sign on Crest. The research that's been done has missed the point, which is the speeding issue on Rockland Avenue. The bottom line is we want speed control. We prefer 15 mph but give us at least 25 mph where the road curves. The Board should review this again. Supervisor O'Keeffe asked if he had attended the Traffic Committee meeting. He said he had not. She then asked Richard Mari, a member of the Traffic Committee, if he could explain why the recommendations were made. Mr. Mari said drivers are neither following the signs nor driving carefully. Speed was presented and voted upon by the Traffic Committee, but we would be inconveniencing the safe drivers rather then forcing compliance. Our committee has found there are more people driving more cars; these were not the conditions thirty years ago. The stop signs have a good purpose. They will cause a break in traffic and should bring the pace of traffic down. Paul Collins and his son Asher, live on Rockland, the situation is dangerous and said it is our right to be safe. Driving is a privilege; if it's about inconvenience, so be it. It seems hard to believe we cannot make this safer. Supervisor O'Keeffe said it is the means by which we make it safer that we are discussing and we have to work through this. We appreciate your concern and will try to do our best to find a solution. Sandra Hillard asked why the request for a reduced speed was voted down. Rich Mari replied the committee was trying to be careful with signage and loading up with signs would not serve the purpose. Frederico Reisko, 6 Crest Avenue, said he was in favor of having the stop sign on Crest but had concerns about trucks. Ms. Dare, Crest Avenue, said this stop sign would not be a good place to stop, and needs to be put farther down and would then better serve the purpose. Ms. Silver said if the stop sign had been on Woody Lane, it would have prevented the accident on Thursday. Councilwoman Seligson said she had driven Rockland Avenue a few times earlier in the day. It's a beautiful street but it would be difficult to use it as a pedestrian street. She was told in the past that stop signs are not used to control speed and was surprised at these recommendations. She was not ready to vote and would like to discuss this more to understand how to slow the traffic and the no-through trucks issue. Councilman Odierna agreed it was his understanding to not use stops signs to slow traffic and enforcement is the issue. In his experience people get crazed driving behind cars 3 April 22, 2003 following the speed limit and he often drives Rockland. The stop signs seem silly and could cause more trouble if they are ignored. The Town has to get serious about enforcement. Councilwoman Myers said there are two places where stop signs have worked to slow traffic: One is on Harmon Drive, the reaction is unanimous that it has worked. The other is Barnard Road, New Rochelle where a stop sign has been put in coupled with increased police enforcement has slowed traffic. She said she is therefore in favor of the stop signs on Rockland. Councilwoman Wittner said as a past liaison to the Traffic Committee, she had heard repeatedly that stop signs do not slow traffic so using them now in that manner has left her unsure how to see this and she would need to revisit the lowering of the speed limit. Lt. Anderson said enforcement works, and the police are there when they can be, but most of the offenders are Town residents. He added he was not in favor of the stop signs. Supervisor O'Keeffe agrees the stop sign on Harmon has worked to slow the traffic and on Barnard. Councilwoman Wittner said she would be in favor of two stop signs; one on Avon and the other at Crest. There was a discussion of what would be a good placement of the signs. The Supervisor said the proposal now is to put up two stop signs. She would like to revisit the issue of tonnage allowed for trucks since without being specific to the weight, the law would be illegal. The Supervisor asked if anyone wished to speak in favor or against this proposed law. Ed Clarke said he wanted the original proposal put forth by the residents on Rockland Avenue to be reviewed again by the Traffic Committee. Supervisor O'Keeffe assured him the subject is not over and will be looked at again. He then asked why the vote on reducing the speed limit was not on the agenda. The Administrator told him the Traffic Committee, in the final outcome, decided not to make that recommendation. There was no one who spoke for or against the law, and therefore, on motion of Councilwoman Wittner, seconded by Councilman Odierna, the public hearing was closed. The Town Attorney suggested they adopt a resolution showing the type of action being taken under the SEQRA law. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board finds that the adoption of the proposed local laws will constitute a Type II action under the New York State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed actions. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4 April 22, 2003 On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the following Local Law was adopted: Local Law No. 7 -2003 This local law shall be known as the "Stop Sign at the Intersection of Rockland Avenue and Crest Road" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The purpose of this local law is to regulate the traffic at the intersection of Rockland Avenue and Crest Road. Section 2 - Regulation of Traffic on Rockland Avenue: Vehicles traveling eastbound on Rockland Avenue shall be required to come to a full stop on Rockland Avenue at the point where Rockland Avenue intersects Crest Road. Section 3 - Sign(s) to be Erected: An appropriate sign or signs shall be erected on Rockland Avenue facing the eastbound lane or lanes of traffic thereon. Such signs shall be erected (i) at the corner formed by the south side of Rockland Avenue and the west side of Crest Road and (ii) on the north side of Rockland Avenue at or about the point where the north side of Rockland Avenue would intersect the west side of Crest Road if Crest Road extended in a straight line from the point where it presently ends. 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. The above local law was put to a roll call vote: Seligson - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Odierna - Nay PROPOSED STOP SIGN - ROCKLAND AVENUE/WOODY LANE - No action was taken on this matter. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following Local Law was adopted: Local Law No. 8 -2003 This local law shall be known as the "Stop Sign at the Intersection of Rockland Avenue and Avon Road" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The purpose of this local law is to regulate the traffic at the intersection of Rockland Avenue and Avon Road. 5 April 22, 2003 Section 2 - Regulation of Traffic on Rockland Avenue: Vehicles traveling westbound on Rockland Avenue shall be required to come to a full stop on Rockland Avenue at the point where Rockland Avenue intersects Avon Road. Section 3 - Sign(s) to be Erected: An appropriate sign or signs shall be erected on Rockland Avenue facing the westbound lane or lanes of traffic thereon. Such signs shall be erected (i) at the corner formed by the north side of Rockland Avenue and the east side of Avon Road and (ii) on the south side of Rockland Avenue at or about the point where the east side of Avon Road would intersect the south side of Rockland Avenue if Avon Road extended in a straight line from the point where it presently ends. 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. The above local law was put to a roll call vote: Seligson - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Odierna - Nay On motion of Councilwoman Seligson, seconded by Councilwoman Myers, the following Local Law was adopted: Local Law No. 9 -2003 This local law shall be known as the "No Parking on Rockland Avenue Near Its Intersection with Weaver Street" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The purpose of this local law is to create a no parking zone on Rockland Avenue nears its intersection with Weaver Street as a means of improving sight lines at that location and thereby improving safety. Section 2 - No Parking: Parking on both sides of Rockland Avenue for a distance of thirty (30) feet easterly from the point where Rockland Avenue terminates at Weaver Street is prohibited. Section 3 - Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on, and striping shall be painted on the surface of Rockland Avenue indicating the area where parking is prohibited. 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. The above local law was put to a roll call vote: 6 April 22, 2003 Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following Local Law was adopted: Local Law No. 10 -2003 This local law shall be known as the "Seasonal No Parking on a Section of Sackett Circle" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The purpose of this local law is to create a seasonal no parking zone along Sackett Circle between Weaver Street and Althea Lane as a means of improving safety. Section 2 - Seasonal No Parking: Between December 1 and March 31 parking on both sides of Sackett Circle between the point where Sackett Circle terminates at Weaver Street and the point where Althea Lane terminates at Sackett Circle is prohibited. Section 3 - Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on Sackett Circle indicating the area where and the dates when parking is prohibited. 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. The above local law was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye MORATORIUM HARDSHIP APPLICATION - MELRON ASSOCIATES The following Public Hearing Notice was placed into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Tuesday, April 22, 2003, at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of an Application of a Hardship Exemption from the Moratorium Law for Melron Amusement Corp. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the public hearing was unanimously opened. Paul Noto, representing Melron Associates, explained the owners of this property were in negotiations with potential tenants and had signed leases. There would be redevelopment of 7 April 22, 2003 the property with a proposed removal of the building and putting up two others in its place. The owners were not informed and did not know the Town was contemplating a moratorium. Because the lease is contingent on the building being built within one year, the moratorium would cause them a potential loss of the tenants. Mr. Noto said "in your moratorium, you make provision for hardship. Obviously my clients would lose millions of dollars -the leases were executed before the law, and we therefore request that an exemption be granted". Mr. Getlan, owner of the property, said he was requesting this exemption, because he and his partner could lose these tenants. He had spoken to Ron Carpaneto, Director of Buildings, about what was being planned. It is entirely possible to lose tenants and two years of work. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was unanimously closed. Councilwoman Seligson questioned whether this was truly a hardship as it also includes an opportunity cost for rental and it involves a drastic change, which is why we are doing the study. Mr. Getlan said they had been working on this deal for two years and it would very much be a financial hardship. The building is vacant and he pays taxes on it, it's a multi-year hardship which would continue if he were to lose the tenants. It is a current hardship, as there is a loss of money on a daily basis because of taxes, electricity and garbage. Supervisor O'Keeffe asked if they would have been prepared to file for construction permits if they had known of the moratorium. Mr. Getlan answered if they had known they would have, but who sees these notices? Councilwoman Seligson asked why they hadn't filed. Mr. Getlan replied it was when they were filing that they found out about the moratorium. Councilman Odierna said he tended to be in favor of granting the hardship -sounds like they had the rug pulled out, they have done all the right things. As to notices, we still have not figured out how to do that. Councilwoman Myers asked if they were aware of the purpose of the moratorium, which is to have a more uniform district that is more pedestrian friendly, we are not trying to harm anyone. Mr. Noto said obviously it would be much nicer, but these are substantial tenants, upscale, the types of businesses you would want to attract. Councilwoman Wittner stated we had hired a consultant to look at the master plan, we want to hear his opinion. She understands the problem, but wants to see the best use of this property. Supervisor O'Keeffe wants to protect the integrity, traffic and safety and both of these uses would be high traffic. Also, there would be the issue of safety for kids walking to school. There was a discussion on some of the issues and purposes of the moratorium. The Town Attorney said the Board would have 30 days to vote on this, and it was therefore decided to carry this over to the meeting of May 21, 2003. MORATORIUM HARDSHIP APPLICATION - TEN GRAND ASSOCIATES The following Public Hearing Notice was placed into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Tuesday, April 22, 2003, at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of an Application of a Hardship Exemption Moratorium for Ten Grand, Inc. 8 April 22, 2003 Donald Mazin, representing Mr. Pepe, owner of 1415 Boston Post Road, is requesting an exemption from the moratorium or for it to be set aside because it would cause an economic loss. Mr. Pepe has a 3700 square foot store vacant, which he is in negotiations to lease to a Ballet center for children from the ages of two to seven years old. Mr. Pepe pays $432,000 in taxes a year and even more for insurance. To not allow this lease will be a drain. This exemption would be for existing space, not for a new store,just minor repairs and conversion. Mr. Mazin added that both Mr. Pepe and the proposed tenant were present. Councilwoman Seligson asked if there was a lease. Mr. Mazin replied there was not, but all the terms had been agreed upon. Councilwoman Wittner asked Mr. Bekerwist, the proposed tenant, if the school would function seven days a week, to which he replied it would be either five or six days. He outlined the program saying it would be necessary to set the schedule which could not be done until this matter was resolved. Councilman Odierna thought the school was a wonderful idea worthy of exemption from the moratorium. Councilwoman Wittner said it was a good idea, Councilwoman Myers said it would be a nice use of the property, and Councilwoman Seligson questioned approving this application and not the other. Mr. Mazin stated the other application was to knock down buildings, this was for minimal improvements, and not to change the space. Following further discussion, on motion of Councilwoman Myers, seconded by Councilwoman Wittner, the public hearing was closed. On motion of Councilwoman Wittner, seconded by Councilman Odierna it was unanimously RESOLVED, that this application is a Type II action as that term is defined in the State Environmental Quality Review Act of the Town of Mamaroneck Environmental Quality Review Law. The hardship application was approved by Councilwoman Wittner, seconded by Councilman Odierna. PUBLIC HEARING - PARKING FOR FIRE CHIEF ON ALDEN ROAD The following Public Hearing Notice was placed into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Tuesday, April 22, 2003 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled "Restricted Parking Zone on a Section of Alden Road" Law. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the public hearing was opened. The Town Attorney explained the purpose was to create a parking space to be designated for use by one of the Fire Chiefs of the Town on Alden Road. There being no one wanting to speak either in favor or against the proposed law, on motion of Councilwoman Myers, seconded by Councilwoman Seligson, the public hearing was closed. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the matter was declared a Type II action as follows: RESOLVED, that the Town Board finds that the adoption of the proposed local laws will constitute a Type II action under 9 April 22, 2003 the New York State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed action. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the local law was adopted: Local Law No. 11 -2003 This local law shall be known as the "Restricted Parking Zone on a Section of Alden Road" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The purpose of this local law is to create a parking space on Alden Road where only vehicles assigned to one of the Fire Chiefs of the Town of Mamaroneck can park, so that any chief residing in the area can have ready access to the chief's car in times of emergency. Section 2 - Restricted Parking on Alden Road: There shall be a restricted parking zone which starts at the point where the prohibition against parking on the west side of Alden Road in the vicinity of the Boston Post Road ends and extends therefrom in a northerly direction along the west side of Alden Road for a distance of fifteen (15) feet. Only vehicles assigned to one of the Fire Chiefs of the Town of Mamaroneck shall be permitted to park in that restricted parking zone. Section 3 - Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on the west side of Alden Road indicating the area where parking is limited to vehicles assigned to one of the Fire Chiefs of the Town of Mamaroneck. 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. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye PUBLIC HEARING - LOCAL LAW REGARDING BOARDS, COMMITTEES AND COMMISSIONS 10 April 22, 2003 The following Public Hearing Notice was placed into the record: PLEASE TAKE NOTICE, that a Continued Public Hearing will be held by the Town Board of the Town of Mamaroneck on Tuesday, April 22, 2003, at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a local law entitled "Terms of Office - Boards, Commissions, Authorities & Committees" Law. The purpose of the law is to create a separate chapter in the Code of the Town of Mamaroneck where all of the standing Boards, Commissions, Authorities and Committees appointed solely by the Town Board are listed with their organizational features. The new chapter will also standardize the terms of office of the members of those various municipal bodies. Finally, to avoid duplication, this local law repeals those sections of the Code where the organizational features of the municipal bodies listed in this new chapter currently appear. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the hearing was declared closed. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board finds that the adoption of the proposed local law will constitute a Type II action under the New York State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed action. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the local law was adopted: Local Law No. 12 -2003 This local law shall be known as the "Creation of Chapter 5 --'Boards, Commissions, Authorities and Committees' Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The purpose of this local law is to create a separate chapter in the Code of the Town of Mamaroneck where all of the standing Boards, Commissions, Authorities and Committees appointed solely by the Town Board are listed with their organizational features. The new chapter also will standardize the terms of office of the members of those various municipal bodies. Finally, to avoid duplication, this local law repeals those sections of the Code where the organizational features of the municipal bodies listed in this new chapter currently appear. Section 2 -Amendment to the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended to add a new chapter entitled "Boards, Commissions, Authorities and Committees" to read as follows: Chapter 5 11 April 22, 2003 Boards, Commissions, Authorities and Committees § 5-1 Purpose The purpose of this chapter is to reorganize the Code by placing in one chapter the names and organizational features of all standing boards, commissions, authorities and committees whose members are appointed solely by the Town Board. This chapter does not list those municipal bodies which, though serving the Town of Mamaroneck, have members who are appointed by the Town Board and by the Board of Trustees of either the Village of Larchmont or the Village of Mamaroneck, or both or are appointed by the Town Board based upon the recommendation of the trustees of either or both of those two villages. § 5-2 Definitions Unless otherwise expressly stated, wherever used in this chapter, the following terms shall have these meanings: MEMBER shall mean a person serving on any of the boards, commissions, authorities and committees listed in this chapter. RESIDENT shall mean a person who has a home that is either in (1) a part of the Town of Mamaroneck lying outside the limits of both the Village of Mamaroneck and the Village of Larchmont, (2) a part of the incorporated limits of the Village of Mamaroneck that is also part of the Town of Mamaroneck or(3) the incorporated area of the Village of Larchmont. §5-3 General Provisions A. All members shall be residents. B. Except for the members of the Board of Assessment Review, all members shall serve without compensation. C. A member shall continue to serve after the expiration of that member's term until the successor to that position is appointed and qualifies to serve. D. A member appointed to the position of chairperson shall continue to serve as chairperson after the expiration of that member's term as chairperson until a successor chairperson is appointed. E. The Town Board shall appoint persons to fill vacancies that may occur among members. A person so appointed shall serve the unexpired term of the member whose position becomes vacant. F. Each board, commission, authority and committee shall keep a record of its meetings and of all actions taken. § 5-4 Beautification Committee A. The Beautification Committee, previously established by the Town Board, shall continue to exist. It shall consist of seven (7) members. The members shall be known as Member A, Member B, Member C, Member D, Member E, Member F and Member G. All of the members shall be appointed by the Town Board. Annually the Town Board shall designate which of the members shall serve as the Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-4 D. of the Code, the term of office of each member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A and Member B shall expire on December 31, 2003; (2) Member C and Member D shall expire on December 31, 2004; and 12 April 22, 2003 (3) Member E , Member F and Member G shall expire on December 31, 2005. D. If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term was scheduled to expire even though the person shall have served less than three (3) years. § 5-5 Board of Appeals (RESERVED) § 5-6 Board of Architectural Review A. The Board of Architectural Review, previously established by the Town Board, shall continue to exist. It shall consist of five (5) regular members and one (1) alternate member. The members shall be known as Member A, Member B, Member C, Member D, Member E and the Alternate Member. All of the members shall be appointed by the Town Board. Annually the Town Board shall designate which of the members shall serve as the Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-6 D. of the Code, the term of office of each regular member and the alternate member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A and Member B shall expire on December 31, 2003; (2) Member C and Member D shall expire on December 31, 2004; and (3) Member E and the Alternate Member shall expire on December 31, 2005. D. If a person is appointed or qualifies as a regular member or an alternate member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term was scheduled to expire even though that person shall have served less than three (3) years. E. The alternate member shall attend and participate in the meetings of the Board, including the Board's deliberations, but shall not vote, except in the absence of one (1) or more of the regular members of the Board, in which case the alternate member shall have the same authority to vote on a matter as any other member. When one (1) or more of the regular members is absent, the alternate member, if present, shall be counted in determining whether a quorum exists. § 5-7 Board of Assessment Review A. The Board of Assessment Review, previously established by the Town Board, shall continue to exist. It shall consist of three (3) members. The members shall be known as Member A, Member C and Member E. All of the members shall be appointed by the Town Board. In accordance with section 523 (1) (e) of the New York Real Property Tax Law, annually the members of the Board of Assessment Review shall designate which of them shall serve as the Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-7 D. of the Code, the term of office of each member shall be five (5) years and shall expire on the 30th day of September of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A shall expire on September 30, 2003; (2) Member C shall expire on September 30, 2004; and 13 April 22, 2003 (3) Member E shall expire on September 30, 2005. D. If a person is appointed or qualifies as a member after October 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the September 30th on which that person's term is scheduled to expire even though the person shall have served less than five (5) years. § 5-8 Board of Ethics A. The Board of Ethics, previously established by the Town Board, shall continue to exist. It shall consist of five (5) members. The members shall be known as Member A, Member B, Member C, Member D and Member E. All of the members shall be appointed by the Town Board. Annually the Town Board shall designate which of them shall serve as the Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-8 D. of the Code, the term of office of each member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A and Member B shall expire on December 31, 2003; (2) Member C and Member D shall expire on December 31, 2004; and (3) Member E shall expire on December 31, 2005. D. If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than three (3) years. § 5-9 Historic Records Committee. A. The Historic Records Committee, previously established by the Town Board, shall continue to exist. It shall consist of four(4) members. The Town Clerk shall be a permanent member and the chairperson of the Committee. The remaining members shall be known as Citizen Member A, Citizen Member C and Citizen Member E. All of the citizen members shall be appointed by the Town Board. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-9 D. of the Code, the term of office of each citizen member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a citizen member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Citizen Member A shall expire on December 31, 2003; (2) Citizen Member C shall expire on December 31, 2004; and (3) Citizen Member E shall expire on December 31, 2005. D. If a person is appointed or qualifies as a citizen member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than three (3) years. § 5-10 Planning Board (RESERVED) § 5-11 Recreation Commission 14 April 22, 2003 (RESERVED) § 5-12 Town of Mamaroneck Housing Authority A. The Town of Mamaroneck Housing Authority, established by section 569 of the New York Public Housing Law, shall consist of five (5) members. The five (5) members shall be known as Member A, Member C, Member E, Member H and Member I. All of the members shall be appointed by the Town Board. In accordance with section 32 (1) of the New York Public Housing Law, annually the members of the Town of Mamaroneck Housing Authority shall designate which of them shall serve as the Chairperson and which shall serve as the Vice Chairperson. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-11 D. of the Code, the term of office of each member shall be five (5) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A shall expire on December 31, 2003; (2) Member C shall expire on December 31, 2004; (3) Member E shall expire on December 31, 2005; (4) Member H shall expire on December 31, 2006; and (5) Member I shall expire on December 31, 2007. D. If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than five (5) years. § 5-13 Traffic Committee A. The Traffic Committee, previously established by the Town Board, shall continue to exist. It shall consist of seven (7) members. The members shall be known as Member A, Member B, Member C, Member D, Member E, Member F and Member G. All of the members shall be appointed by the Town Board. Annually the Town Board shall designate which of the members shall serve as Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-12 D. of the Code, the term of office of each member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A and Member B shall expire on December 31, 2003; (2) Member C and Member D shall expire on December 31, 2004; (3) Member E, Member F and Member G shall expire on December 31, 2005. D. If a person is appointed or qualifies as a citizen member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than three (3) years. § 5-14 Tree Preservation Commission A. The Tree Preservation Commission, previously established by the Town Board, shall continue to exist. It shall consist of five (5) members. The Environmental Coordinator, the Director of Building and Land Use Administration and the Superintendent of Highways (or the Superintendent's designee) shall be permanent members. The remaining members shall be known as Citizen Member A and Citizen Member C. Both of the citizen members shall be appointed by the Town Board. Each citizen member shall be a person with knowledge and 15 April 22, 2003 expertise in arboriculture. Annually the Town Board shall designate which of the members shall serve as the Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-13 D. of the Code, the term of office of each citizen member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a citizen member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Citizen Member A shall expire on December 31, 2003; and (2) Citizen Member C shall expire on December 31, 2004. D. If a person is appointed or qualifies as a citizen member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than three (3) years. Section 3 -Amendments to the Code of the Town of Mamaroneck: (a) Section 3-3 of the Code of the Town of Mamaroneck hereby is deleted in its entirety and the following is substituted in its place: § 3-3. Qualification for membership All members of the Board of Architectural Review shall be specially qualified either by reason of training or experience in architecture, land development, city planning, real estate, landscape architecture, profession property values or other relevant business or profession or by reason of civic interest and sound judgment, to judge the effects of a proposed building or alteration or remodeling thereof upon the property values and development of surrounding areas. At least one (1) regular member shall be a registered architect in the State of New York. (b) Section 17-3 of the Code of the Town of Mamaroneck hereby is deleted in its entirety and the following is substituted in its place: § 17-3. Board of Ethics. A. A majority of the members of the Board of Ethics shall be persons other than town employees but shall include only one member who is an elected or appointed Town employee. There shall be no more than three members who are enrolled in the same political party as defined in the Election Law of the State of New York. (c) Section 207-3 of the Code of the Town of Mamaroneck hereby is deleted in its entirety and the following is substituted in its place: § 207-3. Additional Duties of the Tree Preservation Commission. In addition to its other duties as provided for in this chapter, the Tree Preservation Commission shall advise the Town Board in its selection, purchases, placement, and planting of trees and shrubs on municipal property and shall maintain an inventory and management plan for the continued maintenance and improvement of municipal plantings. 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. The above resolution was put to a roll call vote: 16 April 22, 2003 Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye AFFAIRS OF THE TOWN 1. Set Public Hearing - Moratorium Hardship Application -Village Square Center There was a request by the attorney for the owner of Village Square Shopping Center, 1262 Boston Post Road for a hardship hearing based on the fact that there is a vacancy for which the owner has a tenant. If this store were to remain vacant it would create an economic hardship and we therefore wish to apply for an exemption from the moratorium law. On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby set the date for public hearing on Moratorium Hardship Application - Village Square Center May 7, 2003 at 8:15 PM in the Court Room of the Town Center; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Set Public Hearing - No Parking Ordinance Huguenot Drive Mr. Altieri explained there is an existing ordinance dating from the early 1980's which regulates parking on Huguenot Drive. If the Town Board intends to adopt a new law this ordinance must first be repealed. Therefore, he recommended, when publishing the notice of public hearing on this, to add a notice of repeal. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the No Parking Ordinance Huguenot Drive Law for May 7, 2003 at 8:15 PM in the Court Room of the Town Center; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. The above resolution was put to a roll call vote: Seligson - Aye 17 April 22, 2003 Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Set Public Hearing - Local Law Relating to Alternate Member of Planning and Zoning Board On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the Local Law Relating to Alternate Member of Planning and Zoning Board Law for May 21, 2003 at 8:15 PM in the Court Room of the Town Center; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Authorization - Financial Auditing Services Agreement Authorization was requested by the Administrator to enter a multi-year agreement with our financial auditors Bennett, Kielson, Storch, and DeSantis. The firm submitted a breakdown of services to be provided and the costs. The basic fee will provide for the audit of the Town's yearly financial records. Under this proposal, the fees would increase by 3% each year of the contract. Over the course of five years our total auditing expense would rise from $43,400 to $55,550. The calculation does not include the $1,500 fee for assistance because it will be an option for the Town to consider each year. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board hereby authorize the Town to enter into a multi-year agreement with Bennett Kielson, Storch and DeSantis to provide financial auditing services including the new requirements of GASB-34 for the Years ended December 31, 2002, 2003, 2004, 2005, 2006 and 2007; and BE IT FURTHER RESOLVED, that the Town Board authorizes a transfer of funds in the amount of$55,550 into the Town Comptroller's Budget to finance the contract; and BE IT FURTHER RESOLVED, that the Administrator is hereby authorized to execute said contract on behalf of the Town. 18 April 22, 2003 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye O'Keeffe - Aye Wittner - Recuse 5. Authorization - Court Administration Grant Application Mr. Altieri in a memorandum explained that every year or two the State of New York Unified Court System offers grants for local justice courts. He had given the Board members a copy of the form for application and a description of the program instead of the completed application because it was still being worked on. The deadline for submission of the grant is May 1, 2003, so Town Board approval is required before that date. Eligible projects under this grant program are office equipment, office furniture, security items etc. In the past we have used the funds for the purchase of computers, fax machines and computer software. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the submission of a Grant Application in the amount of$1,800 for funding through the New York State Justice Court Assistance Program; and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute the grant application. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 6. Authorization - Town of Mamaroneck Deferred Compensation plan The Town Administrator, in a communication to the Board, wrote that in 1995 the Town Board passed a resolution permitting the Town of Mamaroneck to establish a 457 Deferred Compensation Plan for its employees and elected and appointed officials. The plan allowed Town employees to contribute a portion of their salary, before taxes, to a retirement account. The plan was required to meet the standards of Section 457 of the Internal Revenue Code and Section 5 of the State Financial Law. Nationwide Retirement Solutions (then known as PEBSCO) was appointed the first plan administrator. The New York State Deferred Compensation Board requires municipalities to re-bid plan administrative Service Agencies every five years. In August of 2002 a Town committee was assembled to provide oversight for this re-bidding process. This Deferred Compensation Committee reviewed the Town's experience with Nationwide Retirement Solutions. It then developed a list of criteria and a series of interview questions to ask the representatives. A request for proposals was written and it ran in the Journal News and the New York State Register and five (5) carriers submitted formal proposals. They were: Century-ING, AIGValic, Mutual of America, 457 Plan Service Group, and Nationwide Solutions, who requested reinstatement. During February 2003 the committee conducted individual interviews with the five representatives and rated their presentations using the established criteria. The committee voted to recommend Century- ING to the Board to replace Nationwide Solutions as the Town's deferred compensation program administrator. The major complaint the staff had with Nationwide was its poor 19 April 22, 2003 customer service. The Town's Deferred Compensation Committee therefore requests that the Town Board pass the attached resolution to appoint Century-ING administrator of the Town's 457 deferred compensation plan. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following resolution was adopted: WHEREAS, the Town of Mamaroneck has considered the establishment of a Deferred Compensation Plan to be made available to all eligible Town employees and elected or appointed officials pursuant to Federal legislation permitting such plans; and WHEREAS, the Town Committee for Deferred Compensation advertised for proposals and having received same, evaluated the various proposals and recommended the plan submitted by CENTURY-ING; and WHEREAS, CENTURY ING as Plan Administrator, agrees to hold harmless and indemnify the Town of Mamaroneck, its appointed and elected officials and participating employees from any loss resulting from CENTURY-ING's failure to perform its duties and services. NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts CENTURY- ING's Deferred Compensation program and its attendant investment options and hereby establishes the Town of Mamaroneck Deferred Compensation Plan for the voluntary participation of all eligible Town employees and elected or appointed officials; and BE IT FURTHER RESOLVED, that the Town Administrator is authorized to execute a contract with CENTURY-ING subject to final approval by Town Counsel. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7. Bonding Resolution - Purchase of Highway Department Truck Mr. Altieri said this bond would enable the purchase of a truck for the Highway Department, which is part of the 2003 capital equipment replacement plan that includes the purchase of one four -wheel drive dump truck with plow. The funds for the purchase under State Contract is $36,000, and an additional $3000 will be added to cover bonding and miscellaneous expenses, bringing the total to $39,000. The following resolution was offered by Councilperson Wittner who moved its adoption, seconded by Councilperson Myers, to-wit: A RESOLUTION AUTHORIZING THE ISSUANCE OF $39,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF A 2003 CHEVROLET LIGHT 20 April 22, 2003 DUTY, 4-WHEEL DRIVE, DUMP TRUCK WITH PLOW, FOR THE HIGHWAY DEPARTMENT FOR SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the purchase of a 2003 Chevrolet light duty, 4-wheel drive, dump tuck with plow for the Highway Department of the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $39,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $39,000, and that the plan for the financing thereof is by the issuance of the $39,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen (15) years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however, that in the exercise of these 21 April 22, 2003 delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in full in The Journal News together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Councilwoman Seligson VOTE AYE Councilman Odierna VOTE AYE 22 April 22, 2003 Councilwoman Myers VOTE AYE Councilwoman Wittner VOTE AYE Supervisor O'Keeffe VOTE AYE The resolution was thereupon declared duly adopted. 8. Salary Authorization - Recreation On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that as provided for in the 2003 Town Budget the Town Board does hereby authorize the payment of salary to the following: Frank Miceli, Lifeguard, Hommocks Pool, $8.25 per hour, retroactive to 3/19/03. Francine Aivaz, Instructor, Pilates Fitness Program, $60.00 per session, 4/23/03. Monica Dictus, Alt. Instructor, Women's Fitness, $40.00 per session, retroactive to 4/7/03. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ADDED ITEMS 9. Salary Authorization - Code Enforcement Officer Mr. Altieri requested authorization to appoint Harry Fannelli to the position of part time Code Enforcement Officer at an hourly rate of$13.00 effective Monday April 28, 2003. If approved, he will work approximately 15 hours each week. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the payment of salary to Harry Fannelli, in the amount of$13.00 per hour, for his services as part time Code Enforcement Officer effective April 28, 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 10. Emergency Repairs to East Brookside Bridge 23 April 22, 2003 Mr. Altieri explained in a memorandum that a hole was discovered on the bridge on East Brookside Drive at East Valley Stream Road. As a result of this finding the bridge was immediately closed to traffic, and staff inspected the bridge from underneath to determine the extent of the problem with the bridge. In addition, Dolph Rotfeld Engineering will be inspecting the bridge tomorrow morning. The initial observation reveals a missing piece of concrete approximately five feet long by two feet wide on the underside of the bridge. From above the damage appears to be much smaller. In addition, we find sections of the concrete that encase the steel beams to be missing as well. Certainly, it would appear that the entire deck of the bridge will have to be replaced. Whether or not the steel beams require replacement is yet to be determined. Mr. Altieri will provide more information on the condition of the bridge to the Board after inspection by Rotfeld Associates. The closure of the bridge creates an obvious inconvenience to the residents in this area for day to day travel. There is also a disruption to garbage and recycling collection. More importantly however is the potential for a delayed response by emergency vehicles. Therefore, in view of this emergency, Mr. Altieri seeks authorization to pursue the repair of the bridge without the use of the standard bidding procedure. The General Municipal Law provides for the declaration of an emergency that allows a community to bypass the bidding procedure. We will prepare plans and specifications and then seek price proposals from three or four contractors to complete the bridge repair. Without having to follow the formal bid procedure the Town will be able to save three to four weeks of time and expedite the repair. A draft resolution has been reviewed by counsel. If adopted, we will proceed immediately to repair the bridge. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the following resolution was adopted: WHEREAS, the Town has discovered a section missing from the road surface of the bridge on East Brookside Drive at East Valley Stream Road; and WHEREAS, the brook below the bridge is visible through the hole in the bridge created by the missing section; and WHEREAS, the Town has also discovered other signs of deterioration on the underside of the bridge; and WHEREAS, these observations and the concerns for public safety which these observations engender have caused the immediate closing of the bridge to all vehicular and pedestrian traffic; and WHEREAS, complying with the procedures contained in the General Municipal Law Section 103(1) will result in an extended closure of this bridge which, in turn, will potentially delay the response of emergency vehicles, disrupt municipal services, and cause an inconvenience to the surrounding neighborhood; and WHEREAS, the Town Board finds it necessary to make repairs to the bridge at the earliest possible date so as to avoid possible danger to the public; and WHEREAS, based on the forgoing recitations, the Town Board finds that there exists a public emergency within the meaning of the General Municipal Law Section 103(4). Now, on motion of Councilwoman Myers, seconded by Councilwoman Wittner, it is RESOLVED, that the Town Administrator is authorized to undertake such steps as are necessary to retain a contractor or contractors for the purpose of commencing immediate 24 April 22, 2003 repairs to the bridge on East Brookside Drive at East Valley Stream Road in the Town Of Mamaroneck without having to comply with the provisions of General Municipal Law 103(1) and to take such other steps as are necessary to insure public safety. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 11. Approval of Certiorari The Attorney requested approval for the following certiorari settlement. On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the settlement of the following certiorari as recommended by the Town Attorney, William Maker, Jr.: Chase Manhattan Bank 113 Chatsworth Avenue Block: 603, Lot: 1 Year Assessment Reduced To Amount of Reduction 1994 $80,800 $80,800 $ -0- 1995 $80,800 $56,658 $21,350 1996 $80,800 $59,600 $21,200 1997 $80,800 $50,000 $30,800 The Town will refund or not collect about $1,000.00 for the years at issue. The School district will refund (or not collect) approximately $24,400.00. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye APPROVAL OF MINUTES On motion of Councilwoman Seligson, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of February 26, 2003 as amended. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye 25 April 22, 2003 O'Keeffe - Aye PROCLAMATION Arbor Day Tree City U.S.A. Award WHEREAS, 2003 marks the twelfth year the Town of Mamaroneck has been recognized as a Tree City U.S.A. by the National Arbor Day Foundation; and WHEREAS, The Tree City U.S.A. award indicates that the Town of Mamaroneck takes its tree-care responsibilities seriously with an effective community forestry program; and WHEREAS, Trees make a world of difference in our communities. Trees have long been recognized for the beauty and value they lend to homes, neighborhoods, parks and business areas. At the same time, those trees conserve energy, help clean the air, protect rivers and streams, and provide a home for wildlife in our towns and cities. NOW THEREFORE, BE IT RESOLVED, that 1, Valerie Moore O'Keeffe, Supervisor, and members of the Town Council urge all citizens to participate in programs and activities designed to furthering the establishment of trees in our community. IN WITNESS WHEREOF, I have hereto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 2nd day of April 2003. SUPERVISOR REPORTS The Supervisor said she had attended a luncheon held by Westchester Volunteers who had presented an award to our own Det./Sgt Jerry McCarthy for his involvement in locating a child abducted by its mother and taken to China. He was instrumental in securing the child's return. She said there would be a celebration of the Village of Mamaroneck on June 8. Sunny Goldberg is one of the Chairs, it should be lots of fun, with plenty of food and music to keep everyone entertained. REPORTS OF COUNCIL Councilwoman Seligson said she had attended the Planning Board meeting, which was very short and she wished everyone a happy Earth Day. Councilwoman Myers had attended the LMC/TV Board of Control meeting and a Public Service Commission Meeting regarding franchise renewals. Councilwoman Wittner wished her husband Murray a happy birthday. Reminded everyone that April 26 was Beautification Day. Councilman Odierna said he had attended the Recreation Commission meeting and announced a free show at the Hommocks Ice Rink. ADJOURNMENT The Supervisor said that the next scheduled meetings would be May 7 and May 21, 2003. On motion of Councilwoman Myers, seconded by Councilwoman Wittner the meeting was adjourned at 11:58 PM . 26 April 22, 2003 Submitted by Patricia A. DiCioccio, Town Clerk "C L E R KS E RV E RXSERVERX D o c u m e n ts1 M i n u to s12003 m i n w104-22-03 x 27