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HomeMy WebLinkAbout2003_05_28 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 MAY 28, 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 8:30 PM, who then pointed out the location of exits. Public Hearings - Parking Prohibition - Huguenot Drive -Alternate Members - Planning & Zoning Board Parking Prohibition - Huguenot Drive 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 Wednesday, May 28, 2003, at 815 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 "No Parking on Certain Portions of Huguenot Drive" law. The purpose of the law is to prohibit parking on the portion of Huguenot Drive lying between its intersection with Barnard Road and North Chatsworth Avenue on weekdays (other than holidays) between the hours of 8:00 AM and 10:00 AM. The Attorney explained this proposed amendment was to limit parking on Huguenot Drive to help alleviate the problem of commuters parking there. On motion of Councilwoman Wittner, seconded by Councilwoman Myers the public hearing was declared open. The Supervisor asked if anyone wished to speak on the proposed amendment. Adam Harris, 4 Huguenot Drive, said he and his wife Susan had been the original petitioners for this change and were here tonight in support of the law. Councilwoman Myers said she lives near Huguenot Drive and travels through that street all the time. Where the cars are parking is dangerous, but she has counted the cars and knows there are approximately 14 of them, seven of which are residents of the street, her concern therefore is the residents be aware that they may be ticketed also. May 28, 2003 Councilman Odierna said his inclination is to have less laws, especially since there are now parking permits available for commuters. Councilwoman Myers said New Rochelle has available parking spaces too, their permits are $750 a year. Supervisor O'Keeffe added the parking in New Rochelle is available to non-residents, while the Town's lot is reserved for our residents only. Adding restricted parking on certain streets the commuters then just move to a different street. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing was declared closed. On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed action. BE IT FURTHER Resolved, that the Town Board finds that the adoption of the proposed local law will constitute a Unlisted Action with No Impact under the New York State Environmental Quality Review Act (SEQRA); and Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Myers, seconded by Councilwoman Wittner the following local law was adopted: Local Law No. 13 -2003 This local law shall be known as the "No Parking on Certain Portions of Huguenot Drive" 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 parking on the portion of Huguenot Drive lying between its intersections with Barnard Road and North Chatsworth Avenue. Section 2 - No Parking: Except on holidays, no vehicles shall be parked on either side of that section of Huguenot Drive that lies between its intersection with North Chatsworth Avenue and its intersection with Barnard Road between 8:00 AM and 10 AM (prevailing time) on Monday, Tuesday, Wednesday, Thursday and Friday of each week. Section 3 - Signs to be Erected: An appropriate sign or signs shall be erected on both sides of Huguenot Drive. 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: 2 May 28, 2003 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 Alternate Members - Planning & Zoning Board 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 Wednesday, May 28, 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" Supersession of Portions of Sections 267 (11) and 271 (15) of the New York Town" law. The purpose of this local law is to authorize the Town Board to expand the role of the member positions for the Board of Appeals and the Planning Board. The Town Law restricts the service of alternate members to circumstances where regular members are "unable to participate because of a conflict of interest". The Town Board concludes that limiting the times when an alternate member can serve to situations where a conflict of interest exists is too restrictive and that an alternate member also should be allowed to act whenever a regular member is absent. Consequently, the Town Board hereby exercises the authority given to it by New York Municipal Home Rule Law Section 10 [1] [ii] [d] [3] to supersede the portions of Sections 267 (11) and 271 (15) of the New York Town Law set forth below so that the alternate members of the Town of Mamaroneck Board of Appeals and Planning Board can participate in a matter not only when a regular member has a conflict of interest but also when a regular member is absent. The Attorney explained he had prepared this law at the behest of the Town Board who wanted to expand the scope of responsibilities of the alternate members to the Planning Board and to the Zoning Board of Appeals. The proposed amendment would allow the alternate member to act also in the event of absence of the regular member, in addition to when a regular member is in conflict with a application. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the hearing was declared open. The Supervisor asked if anyone wished to speak for or against the proposed amendment. There being no response, she asked if the Board members wished to speak. Councilwoman Wittner asked if she was correct in assuming the alternate would be attending all the meetings in the event they are needed. Councilwoman Seligson said the regular and alternate member could be updated by the minutes and by being filled in by other members. Having an alternate will be helpful when someone is sick for a lengthy period of time. Councilman Odierna said there is a potential issue for conflict but when the regular member is back, they should sit and vote. Councilwoman Wittner said this would be difficult and she would never serve as an alternate. 3 May 28, 2003 There was a long discussion on how this could work. It was decided to adjourn the Public Hearing until the June 25th Board meeting. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the hearing was declared adjourned to the meeting of June 25, 2003. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 9:10 PM on motion of Commissioner Myers, seconded by Commissioner Wittner. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson 1. Fire Claims: Commissioner Myers presented fire claims for authorization of payment, thereafter on Commissioner Myers' motion, seconded by Commissioner Wittner, 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 as amended: AAA Emergency Supply Co., Inc. $ 49.00 AAA Emergency Supply Co., Inc. 1,033.90 American Gun & Uniform 573.20 American Gun & Uniform 849.14 American Gun & Uniform 385.22 American Gun & Uniform 79.96 American Gun & Uniform 350.23 AT&T Long Distance 162.01 AT&T Long Distance 118.72 Avaya 60.90 Cleaning Systems Company 99.00 Cleaning Systems Company 221.44 Con Edison 2.03 Con Edison 1,450.26 Coyne Textile 56.62 Excelsior Garage & Machine Works, Inc. 4,520.08 Excelsior Garage & Machine Works, Inc. 180.00 Excelsior Garage & Machine Works, Inc. 3,043.34 Excelsior Garage & Machine Works, Inc. 2,366.90 Giacomo Service Center, Inc. 354.00 IOS Capital 177.69 Jennifer Mirabella 60.00 Nextel 163.96 911 Wear 1,042.83 Sound Shore Fire Chiefs Association 100.00 Town of Mam'k Professional Fire Fighters Assn. 204.36 Verizon 906.39 Verizon Wireless 12.40 Westchester County Association of Fire Chiefs 150.00 Westchester Joint Water Works 72.18 TOTAL: $18,845.76 The above resolution was put to a roll call vote: 4 May 28, 2003 Seligson -Aye Odierna -Aye Myers -Aye Wittner -Aye O'Keeffe -Aye There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Seligson, the Commission unanimously adjourned at 9:10 PM. AFFAIRS OF THE TOWN 1. Report of Bids - TA-03-03 - Construction/Replacement of Sidewalks Mr. Altieri explained the bids were opened for the reconstruction of sidewalks and curbs for sidewalks located on Campbell &Villa Lane, and Villa Road. The lowest bid received was from Acocella Contracting. They won the bid in 2002 for sidewalk reconstruction and the Town was happy with their job performance. The original estimate for this contract was $85,000 to $100,000, but the low bid is slightly over the original estimate for work on the sidewalks. Name of Bidder Address Total Acocella Contracting 68 Gaylor Rd., Scarsdale, NY $107,077.50 Ruciano Construction 2243 Hollers Ave., Bronx, NY 109,581.50 Vernon Hills Contracting 395 N. MacQusten Pkwy, Mt. Vernon, NY 122,087.50 Barreto Construction 169 Highland St., Port Chester, NY 122,500.00 J. Landi, Inc 249 Main St., Eastchester, NY 125,055.00 N. Picco & Sons 154 E. Boston Post Rd., Mamaroneck, NY 203,325.00 The Attorney said the Board should pass a resolution declaring itself lead agency and designate the type of action for this matter. Brian Lobl, 87 Edgewood, disagreed with what is going on with the sidewalks, and with the designation as this sidewalk has potential adverse effects-should be answered yes on the environmental assessment form as traffic and safety will cause additional danger. A resident at 85 Edgewood Avenue said the street will become more of a hazard with sidewalks; if you have a child crossing there, it will be dangerous. A resident living at 9 Edgewood, questioned how did this end up happening, at the last meeting where this was discussed issues were discussed about safety and another proposed solution of placing a stop sign facing Murray Avenue, it would be less expensive and less drastic a measure. Supervisor O'Keeffe answered that the many people were heard from who thought they should not have to walk in the street. We included this in the budget because we agreed. Councilwoman Wittner stated that the assessment form is correct as it will not have any negative impact on traffic. Councilwoman Seligson added she concurred and disagreed with Mr. Lobl. Councilman Odierna, answering a question regarding when and where this was approved, said most matters like these are made at budget work sessions and at public hearings. Following further discussion: on motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, the Town Board declares itself to be lead agency in this matter; and BE IT FURTHER 5 May 28, 2003 RESOLVED, that the Town Board of the Town of Mamaroneck does hereby find this action to be unlisted with no impact. 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 Councilman Odierna, it was RESOLVED, that the Town Board hereby authorizes the Contract TA-03-03 for the construction and replacement of sidewalks be awarded to Acocella Contracting, the lowest responsible bidder, to replace sidewalks at a total cost to the Town of$107,077.50; and BE IT FURTHER, RESOLVED, that the Administrator is hereby authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Tree Permit - 18 Salem Drive The Supervisor explained this item was being continued from the last Town Board meeting. The Board is considering the appeal of the decision of the Tree Commission for the removal of trees at 18 Salem Drive. The Tree Commission recommended the removal of eight (8) trees after reviewing the application which requested the removal of 18 trees. The Board requested at the last Town Board meeting on May 7, additional information from the applicants regarding the condition of the trees from their arborist. In addition the Town hired an independent arborist, Peter Woodcock. The two arborists met and submitted a report on the condition of the trees. Applicant's Arborist: EVERGREEN ARBORISTS, INC. 327 NORTHROP AVENUE MAMARONECK, NEW YORK 105431 (914) 698-0707 FAX(914) 698-3566 May 13, 2003 ESTIMATE After site inspection the following is a description of work Evergreen Arborists, Inc. recommends and an estimate of the cost. 6 May 28, 2003 To whom it may concern: Reference: Condition of various trees that are located at 18 Salem Drive, Scarsdale, N.Y. 1. Tag#3-Elm tree with partially dead crown 2. Tag#4- Oak tree with an extensive lean. This will put extensive load stress on one part of the root system. 3. Tag#2-Extensive decay in the lower trunk area. The trees mentioned in items#1 thru #3 have their canopies intertwined with one another and will never mature as specimen trees. 4. Tag#9- 70'Hickory tree with a 12"DBH. This tree is a forest specimen and has put all its energy into height and not to trunk girt h. This tree is now a liability in high winds. 5. Tag#14- Oak tree with noticeable lean. This tree will also have an extensive load on the backside of the root system. The larger the tree becomes the more dangerous it will become. 6. Tag#17- This Oak tree has a drastic lean also and would be covered by the explanation given in item #5. The trees that I have described were at one time forest specimens. As forest specimens they would have presented no problem to person or property. The fact that the house and play area have now become possible targets for these trees it definitely changes the way that we view them. For these reasons I recommend that the mentioned trees be removed. In all fairness to the Brabant family, they have gone to great expense to save the larger healthy trees that are on their property. Town's Arborist: Tuesday, May 27, 2003 8:27 AM Trees 18 Salem Drive Ron: As per your request I met on Saturday morning with Mr. & Mrs. Brabant and their consulting arborist from Evergreen Arborist to go over lie site inspection report and to inspect the trees in question. The site Inspection report lists the trees by tag number and for clarity that is how my response will follow. 1) Tag#3 Elm has a partially dead crown and is dying back and should be removed. 2) Tag#4 Oak tree with excessive lean and cavity with decay at the base should be removed. 3) Tag#2 Oak tree with a cavity in the trunk area that Is extensive and the decay is spreading up and down in the mainstem and should be removed. In addition, the trees tagged 2, 3 &4 are all in a very tight grouping, are close to the rear line of the new house and undoubtedly would have the root systems damaged during construction. 4) Tag#9 Hickory tree that is open growing and has no visible defects, disease or decay should remain 5) Tag#17 Oak tree on top of the slope in the rear yard has a severe lean over the neighbors property and should be removed. The Brabants have added a row of 12-5 tall spruce and arborvitae along the property line for screening, removal of the Oak will have little or no Impact on the properly. In addition to the trees indicated in the original site inspection two more were added for me to look at on Saturday morning. A tree marked with tag# 10 is an 18" Oak with crown and branch dieback and a twisted trunk. The second tree is an 18"Black Birch, which is dead, located adjacent to the rock outcropping on the edge of their property. Permission should be given to remove these two trees. It you have any questions please give me a call a 827-9342. Sincerely yours, Peter J. Woodcock Urban Forester Elizabeth Paul, the Town's Environmental Coordinator, said the two arborist reports agree on all the trees marked in blue on the map, but disagree on tree 10 and 9. Ron Carpaneto, Director of Buildings, pointed out on the map those trees to stay and be removed. 7 May 28, 2003 They all then discussed the various conditions of the trees and decided 2, 3, 4, 10 and 18 would be removed. 9, 14, and 17, would be kept. Following a long discussion, an agreement was reached. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the Tree Commission to make the appropriate changes to the permit to allow the removal of trees tagged with the following numbers: 2, 3, 4, 10, and 18. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Appointments - Boards and Commissions The Attorney explained the law had been changed to have a consistent expiration period and these resolutions are to reappoint members to their new terms. Beautification Committee (7 members, currently 1 vacancy) On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the appointments of Patricia A. O'Donnell as the Chairperson of the Beautification Committee and of Mary McGee, Peggy Perrin, Dottie Hartman, Valerie Puglisi and Laura M. Sprengelmeyer as members of that Committee are revoked effective immediately; and BE IT FURTHER RESOLVED, that Dottie Hartman is appointed to the position of Member A of the Beautification Committee; Mary McGee is appointed to the position of Member B of the Beautification Committee; Patricia A. O'Donnell is appointed to the position of Member C of the Beautification Committee; Peggy Perrin is appointed to the position of Member D of the Beautification Committee; Valerie Puglisi is appointed to the position of Member E of the Beautification Committee; and Laura M. Sprengelmyer is appointed to the position of Member F of the Beautification Committee; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law; and BE IT FURTHER RESOLVED, that in accordance with Chapter 5 of the Code of the Town of Mamaroneck the term of office of: 8 May 28, 2003 Member A of the Beautification Committee shall expire on December 31, 2003; Member B of the Beautification Committee shall expire on December 31, 2003; Member C of the Beautification Committee shall expire on December 31, 2004; Member D of the Beautification Committee shall expire on December 31, 2004; Member E of the Beautification Committee shall expire on December 31, 2005; Member F of the Beautification Committee shall expire on December 31, 2005; and BE IT FURTHER RESOLVED, that Patricia A. O'Donnell, shall serve as the Chairperson of the Beautification Committee for the year 2003. Board of Architectural Review (5 members, 1 alternate) On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was RESOLVED, that the appointments of E. Robert Wassman as the Chairperson of the Board of Architectural Review and of Pamela T. Washington, Robert M. Immerman, Anthony Spagnola and Sue Ellen Commender as members of that Board and of Ronni Wadler as the alternate member of that Board are revoked effective immediately; and BE IT FURTHER RESOLVED, that Sue Ellen Commender is appointed to the position of Member A of the Board of Architectural Review; Robert M. Immerman is appointed to the position of Member B of the Board of Architectural Review; Anthony Spagnola is appointed to the position of Member C of the Board of Architectural Review; Pamela T. Washington is appointed to the position of Member D of the Board of Architectural Review; E. Robert Wassman is appointed to the position of Member E of the Board of Architectural Review; and Ronnie Wadler is appointed to the position of Alternate Member of the Board of Architectural Review; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law; and BE IT FURTHER RESOLVED, that in accordance with Chapter 5 of the Code of the Town of Mamaroneck the term of office of: Member A of the Board of Architectural Review shall expire on December 31, 2003; Member B of the Board of Architectural Review shall expire on December 31, 2003; Member C of the Board of Architectural Review shall expire on December 31, 2004; Member D of the Board of Architectural Review shall expire on December 31, 2004; Member E of the Board of Architectural Review shall expire on December 31, 2005; Alternate Member of the Board of Architectural Review shall expire on December 31, 2005; and 9 May 28, 2003 BE IT FURTHER RESOLVED, that E. Robert Wassman, shall serve as the Chairperson of the Board of Architectural Review for the year 2003. Board of Assessment Review (3 members) On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was RESOLVED, that the appointments of Helen Jennings, Jaine Elkind Eney and Janet DeMasi as members of the Board of Assessment Review are revoked effective immediately; and BE IT FURTHER RESOLVED, that Janet DeMasi is appointed to the position of Member A of the Board of Assessment Review; Jane Elkind Eney is appointed to the position of Member B of the Board of Assessment Review; Helen Jennings is appointed to the position of Member C of the Board of Assessment Review; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law; and BE IT FURTHER RESOLVED, that in accordance with Chapter 5 of the Code of the Town of Mamaroneck the term of office of: Member A of the Board of Assessment Review shall expire on September 30, 2003; Member B of the Board of Assessment Review shall expire on September 30, 2004; Member C of the Board of Assessment Review shall expire on September 30, 2005. Board of Ethics (5 members) On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the appointments of Martin W. Ronan as the Chairperson of the Board of Ethics and of Carol Scharff, Anna Reisman, Edward H. Kaufman, MD and Robert Degen as members of that Board are revoked effective immediately; and BE IT FURTHER RESOLVED, that Robert Degen is appointed to the position of Member A of the Board of Ethics; Edward H. Kaufman, M.D. is appointed to the position of Member B of the Board of Ethics; Ann Reisman is appointed to the position of Member C of the Board of Ethics; Martin W. Ronan is appointed to the position of Member D of the Board of Ethics; Carol Scharff is 10 May 28, 2003 appointed to the position of Member E of the Board of Ethics; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law; and BE IT FURTHER RESOLVED, that in accordance with Chapter 5 of the Code of the Town of Mamaroneck the term of office of: Member A of the Board of Ethics shall expire on December 31, 2003; Member B of the Board of Ethics shall expire on December 31, 2003; Member C of the Board of Ethics shall expire on December 31, 2004; Member D of the Board of Ethics shall expire on December 31, 2004; Member E of the Board of Ethics shall expire on December 31, 2005; and BE IT FURTHER RESOLVED, that Martin W. Ronan, shall serve as the Chairperson of the Board of Ethics for the year 2003. Historic Records Committee (4 members) On the motion of Supervisor O'Keeffe, seconded by Councilman Odierna, it was RESOLVED, that the appointments of Beatrice Dinger, Frederick U. Baron and Donald March as members of the Historic Records Committee are revoked effective immediately; and BE IT FURTHER RESOLVED, that Frederick U. Baron is appointed to the position of Citizen Member A of the Historic Records Committee; Beatrice Dinger is appointed to the position of Citizen Member B of the Historic Records Committee; and Donald March is appointed to the position of Citizen Member C of the Historic Records Committee; and BE IT FURTHER RESOLVED, that the membership of Patricia A. DiCioccio on the Historic Records Committee hereby is continued for as long as she is the Town Clerk of the Town of Mamaroneck; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law; and BE IT FURTHER 11 May 28, 2003 RESOLVED, that in accordance with Chapter 5 of the Code of the Town of Mamaroneck the term of office of: Citizen Member A of the Historic Records Committee shall expire on December 31, 2003; Citizen Member B of the Historic Records Committee shall expire on December 31, 2004; Citizen Member C of the Historic Records Committee shall expire on December 31, 2005; and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Mamaroneck, Patricia A. DiCioccio, shall serve as the Chairperson of the Historic Records Committee for as long as she is the Town Clerk of the Town of Mamaroneck. Town of Mamaroneck Housing Authority (5 members) On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the appointments of Paul Winick, Susan Sidel, Richard M. Cherry, Mary Regina Carlson and Salvatore J. Iacono as members of the Town of Mamaroneck Housing Authority are revoked effective immediately; and BE IT FURTHER RESOLVED, that Mary Regina Carlson is appointed to the position of Member A of the Town of Mamaroneck Housing Authority; Richard M. Cherry is appointed to the position of Member B of the Town of Mamaroneck Housing Authority; Salvatore J. Iacono is appointed to the position of Member C of the Town of Mamaroneck Housing Authority; Susan Sidel is appointed to the position of Member D of the Town of Mamaroneck Housing Authority; Paul Winick is appointed to the position of Member E of the Town of Mamaroneck Housing Authority; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law; and BE IT FURTHER RESOLVED, that in accordance with Chapter 5 of the Code of the Town of Mamaroneck the term of office of: Member A of the Town of Mamaroneck Housing Authority shall expire on December 31, 2003; Member B of the Town of Mamaroneck Housing Authority shall expire on December 31, 2004; Member C of the Town of Mamaroneck Housing Authority shall expire on December 31, 2005; Member D of the Town of Mamaroneck Housing Authority shall expire on December 31, 2006; Member E of the Town of Mamaroneck Housing Authority shall expire on December 31, 2007. 12 May 28, 2003 Traffic Committee (7 members) On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was RESOLVED, that the appointments of David Lobl as the Chairperson of the Traffic Committee and of Ronald Meister, Camille Odierna, Roslind Weinstein, Richard Mari, Nancy Angiulo and Donald Derrico as members of that Committee are revoked effective immediately; and BE IT FURTHER RESOLVED, that Nancy Angiulo is appointed to the position of Member A of the Traffic Committee; Donald Derrico is appointed to the position of Member B of the Traffic Committee; David Lobl is appointed to the position of Member C of the Traffic Committee; Richard Mari is appointed to the position of Member D of the Traffic Committee; Ronald Meister is appointed to the position of Member E of the Traffic Committee; and Camille Odierna is appointed to the position of Member F of the Traffic Committee; and Roslind Weinstein is appointed to the position of Member G of the Traffic Committee; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law; and BE IT FURTHER RESOLVED, that in accordance with Chapter 5 of the Code of the Town of Mamaroneck the term of office of: Member A of the Traffic Committee shall expire on December 31, 2003; Member B of the Traffic Committee shall expire on December 31, 2003; Member C of the Traffic Committee shall expire on December 31, 2004; Member D of the Traffic Committee shall expire on December 31, 2004; Member E of the Traffic Committee shall expire on December 31, 2005; Member F of the Traffic Committee shall expire on December 31, 2005; Member G of the Traffic Committee shall expire on December 31, 2005; and BE IT FURTHER RESOLVED, that David Lobl, shall serve as the Chairperson of the Traffic Committee for the year 2003. Tree Preservation Commission (5 members) On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, it was RESOLVED, that the appointments of Nancy Sternbenz and Irma Volk as members of the Tree Preservation Commission are revoked effective immediately; and BE IT FURTHER 13 May 28, 2003 RESOLVED, that Nancy Sternbenz is appointed to the position of Citizen Member A of the Tree Commission; Irma Volk is appointed to the position of Citizen Member B of the Tree Commission; and BE IT FURTHER RESOLVED, that the membership of Marco Gennarelli (or such person as he may designate to act in his place), on the Tree Preservation Commission hereby is continued for as long as he is the Superintendent of Highways of the Town of Mamaroneck; and BE IT FURTHER RESOLVED, that the membership of Elizabeth Paul on the Tree Preservation Commission hereby is continued for as long as she is Environmental Coordinator of the Town of Mamaroneck; and BE IT FURTHER RESOLVED, that the membership of Ronald A. Carpaneto on the Tree Preservation Commission hereby is continued for as long as he is the Director of Building Code Enforcement and Land Use Administration of the Town of Mamaroneck; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law; and BE IT FURTHER RESOLVED, that in accordance with Chapter 5 of the Code of the Town of Mamaroneck the term of office of: Member A of the Tree Commission shall expire on December 31, 2003; Member B of the Tree Commission shall expire on December 31, 2004; and BE IT FURTHER RESOLVED, that Ronald A. Carpaneto shall serve as the Chairperson of the Tree Commission for the year 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Reappointment - Library Board On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby reappoint Christina Battalia as the Town representative to the 14 May 28, 2003 Larchmont Library Board, to serve a term of office of five years, effective immediately, expiring May 2008. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 5. Authorization -Appraisal -2137 Boston Post Road Mr. Altieri explained that a tax appeal has been filed by Sorbco Realty, for property located at 2137 Boston Post Road, asking for a 50% reduction in their assessment. As a result, its being recommended that a summary appraisal be performed to determine the market appraisal of the property. I am therefore requesting the approval to hire the services of Brian Kenney Appraisals to do the appraisal at a cost not to exceed $3,500. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby approve the agreement between the Town and Brian Kenney Appraisals to complete an appraisal of 2137 Boston Post Road at a total cost of$3,500; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 6. Authorization - License Agreement - Sheldrake Environmental Center Mr. Altieri explained the property at the Sheldrake Environmental Center(a.k.a. Monroe School) has since our purchase, been maintained by a Town employee in exchange for an apartment on the second floor. The facility is now vacant since Terry Clarke left. A committee was formed to interview applicants, those serving were Kathy Kopa, Director of Community Services, Jill Fisher, Superintendent of Recreation; Ron Carpaneto, Director of Buildings, and Mary Stanton, Assistant to the Town Administrator. They all met with Terry Clarke to outline the duties involved, and circumstances necessary for the job. Terry convinced the committee that this is not a one-person assignment. The ideal candidate would be one with a spouse or live-in significant other available to step in when he or she was not immediately available. The ideal candidate should also have a network of people to call on in cases of emergency or vacation coverage. Terry chose not to be on the committee because he knew many potential applicants and did not want to put himself in a difficult position.. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby authorize the agreement between the Town and Michael Orchanian as custodian/caretaker of the Sheldrake Environmental Center; and 15 May 28, 2003 BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7. Authorization - Retainer Agreement - Brian Cave Mr. Altieri explained this agreement would provide for the legal services of this firm to the Zoning Board of Appeals and the Planning board . On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby authorize the retainer agreement between the Town and Brian Cave, LLP to provide legal services to the Town's Planning and Zoning Board of Appeals for the period of January 1, 2003 through December 31, 2003 at an annual retainer fee of$46,000 and effective January 1, 2004 the annual retainer shall increase to $50,000; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 8. Authorization - Engineering Services - Hommocks Ice Rink Mr. Altieri reported that proposals for engineering services at the Ice Rink eating area had been requested. The proposal is to build an elevated eating area. An engineer for this project would be asked to create a design concept. We have had replies from several companies with recreational planning & design expertise, they are Ward Associates and Grigg and Davis Engineers. Grigg and Davis have proposed a fee of$3,250 for the design and construction document phases of the project with an additional fee of$780 to be charged for three visits to the site during construction all additional visits would be charged at an hourly rate of$130.00. Ward Associates proposes to prepare the design and construction documents for a fee of$5,000. Construction administration fees would be $2,000 and does not include a limited number of visits. He said even though Ward Associates fee is higher, the firm appeared to be better suited for the project. On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the agreement between the Town and Ward Associates to 16 May 28, 2003 provide architectural services for the design of the ice rink concession area improvements for a total cost of$7,000; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 9. Authorization - Credit Union Agreement Mr. Altieri explained that authorization is requested to enter into an agreement with the US Alliance Federal Credit Union, located at 600 Midland Avenue, Rye, New York, to provide credit union services and benefits to the Town staff. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the agreement between the Town and US Alliance Federal Credit Union to provide credit union services and benefits to Town employees; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye AMBULANCE DISTRICT On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby authorize the payment of a per-diem salary of$18.50 per hour to William J. Rothchild for his services as a Paramedic, effective May 23, 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 17 May 28, 2003 RECREATION -APPOINTMENT OF ASSISTANT RECREATION SUPERINTENDENT The Administrator said, the person being appointed, Maria Gallagher has served as Supervisor of Recreation for the Town of Yorktown since 1997 and has assumed the responsibilities of acting Superintendent of Parks and Recreation there for the past year. She is a graduate of the State University College at Cortland and the College of New Rochelle, and has ten years experience teaching physical education at the elementary school level. On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby authorize the appointment of Maria Gallagher to the position of Assistant Recreation Superintendent at an annual salary of$56,585, effective June 1, 2003; and BE IT FURTHER RESOLVED, that Maria will receive an annual car allowance of$3,315, bringing her total compensation package to $60,000. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye RECREATION On motion of Councilman Odierna, seconded by Councilwoman Wittner, 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: Evan Brown, Instructor, Tennis Program, $12/hr, retroactive to 5/5/03. Miguel Ipince, Instructor, Tennis Program, $13/hr, retroactive to 5/5/03. Lee Jagoda, Head Instructor/Instructor, Tennis Program, $23/hr; $16/hr; $12/hr, retroactive to 515103. John Brian McCormack, Instructor, Tennis Program, $20/hr, retroactive to 5/5/03. Andreas Riss, Instructor, Tennis Program, $19/hr, retroactive to 5/15/03. Edward Ladin, Manager, Hommocks Pool, $16/hr, effective retroactive to 5/13/03. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 11. Set Public Hearing -Annual Board/Commissions Legislation The proposed local law would add the Board of Appeals, the Planning Board and the Recreation Commission to the boards, commissions, authorities and committees already contained in Chapter 5 of the Code of the Town of Mamaroneck 18 May 28, 2003 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby set the date for public hearing for the proposed local law amending Chapter 5 of the Code of the Town of Mamaroneck for June 25, 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 APPROVAL OF MINUTES On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meetings of March 5 and 19, 2003 as amended. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye SUPERVISOR REPORTS Supervisor O'Keeffe said the annual Memorial Day Parade would be held beginning on Myrtle Boulevard, a 6:00 PM on May 22"d ADJOURNMENT The Supervisor said that the next scheduled meetings would be June 11 and June 25, 2003. On motion of made and duly seconded the meeting was adjourned. Submitted by Patricia A. DiCioccio, Town Clerk 19 May 28, 2003 "C L E RKS E RV E RXSERVERXDocu mentslM i n utes12003m i nw105-28-03.last 20