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HomeMy WebLinkAbout2006_06_07 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JUNE 7, 2006 AT 8:15 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilman Ernest C. Odierna Councilwoman Nancy Seligson Councilman Paul A. Winick ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Cindy Atiencia, Deputy Town Clerk Work Session The meeting was called to order at 5:10 PM. Country Road Residents There was a contingent of resident from Country Road who were here to protest a proposal to build cluster housing in the Village of Mamaroneck which borders their property in the Town. Gary Hirchberg said the Village Board will be sending this to their Planning Board and once that happens there will be no stopping them, and cluster housing does not require a zoning change nor is there any SEQRA process. The Supervisor asked Mr. Maker about the proposal of the Village of Mamaroneck property which abuts our residents, saying the application is to build 17 cluster housing units in an R6 Zone. What could be built under present zoning. Mr. Maker replied under conforming subdivisions, if we did it here, we could get it as a cluster proposal which would trigger SEQRA. The Planning Board would designate themselves as lead agency. It would be necessary then to address the safety and environmental issues. They would make a determination whether it’s a negative declaration, if so then they would require a draft environmental impact statement. A comment period would then be required. Mr. Hirchberg asked if the Town could be advocates and to take an interest in this matter and the infrastructure. We need to convince the Village of Mamaroneck not to allow cluster housing. This is a flood zone and the problem goes back 25 years. Supervisor O’Keefe said to the extent that this might have an adverse impact we will object and comment. We have the right to write and ask them to address issues. There was further discussion. Illuminated Sign Law Don Meeker had a poster with pictures he and Councilman Winick had taken of signs around the Boston Post Road. He stated that signs do not need to be readable for more that 400-500 feet away. Much of the lettering in these signs are way over scale. The BAR should look into this. The façade sign should suffice and there is no need for signs on three sides. On menu signs, there should be no more than three merchants. It has been difficult to solve when there are more than that, therefore menu signs should be discouraged. He said there are a numerous issues of maintenance around Town – as a condition of having a sign, maintenance should be required. Also the sign should be linked to the color of the building. Councilman Winick said he took his pictures at 9:00 to 10:00 at night when the businesses were closed. It might make sense to require them to put in timers to have them turn off lit signs when they close. 1 June 7, 2006 Flag Pole There was a request for a flag pole at Magnetti Circle and the Board decided to deny the request. On motion of Councilman Winick, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby deny the request for a flag pole in the right-of-way on Magnetti Circle. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O’Keeffe At 8:30 PM. She then pointed out the location of exits. PRESENTATION - Phase 2 Stormwater Annual Report The Supervisor introduced Liz Paul, Environmental Planner. Ms. Paul gave the following overview: rd I am here tonight to present the 3 annual report on the implementation of the town’s storm water management program. Copies of the report are available on the town website. I would like to give you an overview of the storm water management program and go over some highlights of our accomplishments for the past year. In the past the state and federal governments have regulated point source discharges of pollutants into our water ways. These discharges are easily identifiable because they typically come from an industrial plant, a manufacturer or even a municipal sewage treatment plant. But even if we eliminate all of those points of pollution completely our waterways would still be polluted. Where is the rest of the pollution coming from - our streets, our parking lots and even our front lawns are sources of pollution. Every time it rains, oil, grease, litter, fertilizers, pesticides, pet waste and sediments wash along the streets, into the storm drains and into our streams, rivers, ponds and long island sound. The federal and state government is requiring local municipalities to reduce sources of stormwater pollution by implementing a storm water management program over a five year period. This program consists of six elements. 1. Education And Outreach 2. Public Involvement And Participation 3. Identifying + Eliminating Illicit Connections 4. Construction Site Stormwater Runoff Control 5. Post Construction Site Stormwater Runoff Control 6. Municipal Good Housekeeping Practices 3RD ANNUAL REPORT HIGHLIGHTS a) PUBLIC EDUCATION AND OUTREACH The Town has produced and distributed a variety of educational material. I brought some examples of these which include a children’s fact sheet and book mark. These have been distributed at local events, in the town center and at the kiosk on myrtle blvd. We have also aired a video on LMC/TV, run articles in local papers and the town newsletter. b) PUBLIC INVOLVEMENT AND PARTICIPATION: Over 65 volunteers have participated in the storm drain marking program. So far over 75 catch basins have been labeled. In addition, 20 girl scouts helped the town restore native planting at the Hommocks conservation area and 10 volunteers helped collect trash and debris at the local parks. c) ILLICIT DISCHARGE DETECTION AND ELIMINATION 2 June 7, 2006 The town passed a local law that requires homeowners to obtain a discharge compliance certificate prior to the sale of their home that certifies that there are no illegal connections to the sanitary or storm sewer system. A brochure is available with additional information. To date, approx. 45 discharge compliance certificates have been issued. d) PRE CONSTRUCTION & POST CONSTRUCTION STORMWATER RUNOFF CONTROL The Town requires all construction sites to use erosion control measures and conducts routine inspections for compliance. In addition, stormwater detention is required for all new impervious surfaces greater than 100 sq ft. The State has created a model stormwater ordinance that isn’t as stringent as our own local code. But, if the town does not adopt this model ordinance, minor changes to our local law will be required. These changes include: -requirements for routine inspection and maintenance of storm water detention structures. - The preparation of stormwater pollution prevention plans for projects disturbing areas greater than 1 Acre and - The use of the most current stormwater and erosion control manuals e) MUNICIPAL GOOD HOUSEKEEPING The Town is participating in a study of the feasibility of the creation of a stormwater utility district. If created this district could assume the responsibility of maintenance of the storm sewer system. The study will look at finding sources, organizational requirements and staffing needs of such a district. The Town has applied for grant funding for the conversion of existing stormwater mapping to GIS format A new sediment trap has been added garden lake and is cleaned twice each year. In the future, after the town dredges the pond, the trap will prevent sediment from entering the pond and will be less expensive to clean. In summary the most effective way to reduce stormwater pollution and keep the sound healthy for future generations is to curb our use of fertilizers and pesticides on our lawns, fix leaks in our cars as soon as they are detected, clean up after our pets, don’t litter and properly dispose of house hold hazardous waste. Remember if it’s on the ground it’s in the sound The Board members all thanked her for her report. ADJOURNED HEARING - Special Permit Hearing – Forest City Residential The Adjourned Public Hearing was adjourned to June 21, 2006 PUBLIC HEARINGS – Delegation of Emergency Powers – U.S Golf Open PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, June 7, 2006 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 local law entitled “Second Amendment to Local Law No. 7-2006 entitled ‘Parking Restrictions from June 12, 2006 to June 19, 2006 between the hours of 6:00 A.M to 6:00 P.M. (prevailing time) within the vicinity of the Winged Foot Golf Club” Law. Purpose: On May 3, the Town Board enacted Local Law No. 7-2006 to restrict parking, 2005, standing and stopping on certain roads within the Town of Mamaroneck during the playing of the U.S. Open golf tournament at the Winged Foot Golf Club. Local Law No. 7-2006 incorrectly catalogued the following seven streets: Doris Lane, Doris Road, Dudley Lane, Fairway Drive, Old White Plains Road, Stonewall Lane and Well House Lane by including 3 June 7, 2006 them among the streets for which no parking will be allowed when they should have been part of the streets where the parking, standing, stopping and the picking-up and discharging of people will be prohibited. In addition Local Law No. 7-2006 omitted Coventry Court and Rocky Hollow Drive even though parking should be prohibited on those two streets during the U.S. Open golf tournament. This local law corrects these errors made in Local Law No. 7-2006. On motion made by Councilwoman Wittner, seconded by Councilman Winick, the Hearing was unanimously opened. The Supervisor asked if there were any comments. There were none. Councilman Odierna said the rational approach to this is to fix a fine with no criminal penalty. Councilman Winick agreed and said people should take this law to heart – it is going to be enforced. There will be upwards of 50,000 people in our Town for the event; drop-off will be at Carriage House Lane. A shuttle will take people from the Village of Mamaroneck train station and there will be a pre-inspection by the US Open people. On motion of Councilman Winick, seconded by Councilwoman Seligson, the public hearing was closed. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following was unanimously adopted: RESOLVED, that the Town Board finds that the adoption of the proposed local law regarding “Second Amendment to Local Law No. 7-2006 entitled ‘Parking Restrictions from June 12, 2006 to June 19, 2006 between the hours of 6:00 A.M to 6:00 P.M. (prevailing time) within the vicinity of the Winged Foot Golf Club” is hereby declared to be a Type II action, with no impact under the New York State Environmental Quality Review Act (SEQRA) On motion of Councilman Winick, seconded by Councilwoman Wittner, the local law was adopted: Local Law No. 10- 2006 This local law shall be known as the “Second Amendment to Local Law No. 7 – 2006 entitled ‘Parking Restrictions from June 12, 2006 to June 19, 2006 between the hours of 6:00 A.M to 6:00 P.M. (prevailing time) within the vicinity of the Winged Foot Golf Club” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: On May 3, 2005, the Town Board enacted Local Law No. 7-2006 to restrict parking, standing and stopping on certain roads within the Town of Mamaroneck during the playing of the U.S. Open golf tournament at the Winged Foot Golf Club. Local Law No. 7-2006 incorrectly catalogued the following seven streets: Doris Lane, Doris Road, Dudley Lane, Fairway Drive, Old White Plains Road, Stonewall Lane and Well House Lane by including them among the streets for which no parking will be allowed when they should have been part of the streets where the parking, standing, stopping and the picking- up and discharging of people will be prohibited. In addition Local Law No. 7-2006 omitted Coventry Court and Rocky Hollow Drive even though parking should be prohibited on those two streets during the U.S. Open golf tournament This local law corrects these errors made in Local Law No. 7-2006. Section 2 – Amendment to an existing Local Law: Local Law No. 7-2006 hereby is amended by deleting it, as amended by Local Law No. 9- 2006, in its entirety and substituting the following in its place: 4 June 7, 2006 Section 2 – Prohibition on Parking, Standing and Stopping on certain roads from June 12, 2006 to June 19, 2006: No motor vehicle shall park, stand, stop, pick-up or discharge people between the hours of 6:00 A.M. and 6:00 P.M. (prevailing time) from June 12, 2006 through and including June 19, 2006 on the following streets: 1.) Both sides of Adrian Circle 14.) Both sides of Murdock Road 2.) Both sides of Avon Road 15.) Both sides of Old White Plains Road 3.) Both sides of Boulder Brae Lane 16.) Both sides of Poccia Circle 4.) Both sides of Doris Lane 17.) Both sides of Prince Willow Lane 5.) Both sides of Doris Road 18.) Both sides of Rockland Avenue 6.) Both sides of Dudley Lane 19.) Both sides of Salem Drive 7.) Both sides of Fairway Drive 20.) Both sides of Split Tree Road 8.) Both sides of Fenimore Road 21.) Both sides of Stonewall Lane 9.) Both sides of Gate House Lane 22.) Both sides of Wagon Wheel Road 10.) Both sides of Grand Park Avenue 23.) Both sides of Well House Close 11.) South east side of Griffen Avenue 24.) Both sides of Well House Lane 12.) Both sides of Kolbert Drive 25.) Both sides of Winged Foot Drive 13.) Both sides of Magnetti Circle Section 3. Prohibition on Parking on Certain Roads from June 12, 2006 to June 19, 2006: No motor vehicle shall park between the hours of 6:00 A.M. and 6:00 P.M. (prevailing time) from June 12, 2006 through and including June 19, 2006 on any of the following streets: 1.) Both sides of Addee Circle 40.) Both sides of Gate House Lane – 2.) Both sides of Althea Lane Dead End 3.) Both sides of Barnum Road 41.) Both sides of Glen Lane 4.) Both sides of Barnwall Lane 42.) Both sides of Greystone Road 5.) Both sides of Beresford Lane 43.) Both sides of Hidden Green Lane 6.) Both sides of Bobby Close 44.) Both sides of Highland Road 7.) Both sides of Bonnie Briar Lane 45.) Both sides of Highridge Road 8.) Both sides of Bonnie Way 46.) Both sides of Hilltop Road 9.) Both sides of Bonnie Way – 47.) Both sides of Holly Place Dead End 48.) Both sides of Hudson Place 10.) Both sides of Boulder Circle 49.) Both sides of Jason Lane 11.) Both sides of Briar Close 50.) Both sides of Jenny Close 12.) Both sides of Briar Del Circle 51.) Both sides of Katie Lane 13.) Both sides of Briarcliff Road 52.) Both sides of Lakeside Drive 14.) Both sides of Briarcliff Road – 53.) Both sides of Lakewood Lane Dead End 54.) Both sides of Lancia Lane 15.) Both sides of Brookside Place 55.) Both sides of Lansdowne Drive 16.) Both sides of Carol Lane 56.) Both sides of Larch Lane 17.) Both sides of Carroll Place 57.) Both sides of Leatherstocking 18.) Both sides of Clover Street Lane 19.) Both sides of Cooper Lane 58.) Both sides of Little Farms Road 20.) Both sides of Cornell Street 59.) Both sides of Marbourne Drive 21.) Both sides of Country Club Drive 60.) Both sides of Mardon Road 22.) Both sides of Country Lane 61.) Both sides of McKenna Place 23.) Both sides of Country Road 62.) Both sides of Mohegan Road 24.) Both sides of Coventry Court 63.) Both sides of Mulberry Lane 25.) Both sides of Crescent Road 26.) Both sides of Crest Avenue 27.) Both sides of Deerfield Lane 28.) Both sides of Dundee Road 29.) Both sides of Durham Road 30.) Both sides of East Garden Road 31.) Both sides of East Hickory Grove Drive 32.) Both sides of Ellsworth Road 33.) Both sides of Eton Road 34.) Both sides of Evergreen Lane 35.) Both sides of Falls Road 36.) Both sides of Fenbrook Drive 37.) Both sides of Fernwood Road 38.) Both sides of Forest Avenue 39.) Both sides of Forest Place 5 June 7, 2006 64.) Both sides of Myrtle Boulevard 81.) Both sides of Sackett Drive 65.) Both sides of North Brook Road 82.) Both sides of Sheldrake Avenue 66.) Both sides of Oakdale Road 83.) Both sides of Stoneyside Drive 67.) Both sides of Old Harmon Drive 84.) Both sides of Stratford Road 68.) Both sides of Orchard Street 85.) Both sides of Valley Stream 69.) Both sides of Ormond Place Road East/West 70.) Both sides of Oxford Road 86.) Both sides of Wesleyan Avenue 71.) Both sides of Park Hill Lane 87.) Both sides of West Garden Road 72.) Both sides of Rebeau Drive 88.) Both sides of West Hickory 73.) Both sides of Reservoir – Grove Drive Westchester Joint Water Works 89.) Both sides of Winding Brook 74.) Both sides of Revere Road Drive 75.) Both sides of Ridge Road 90.) Both sides of Windsor Street 76.) Both sides of Ridgeway Road 91.) Both sides of Woody Lane 77.) Both sides of Rocky Hollow 92.) Both sides of York Road Drive 78.) Both sides of Rocky Road 79.) Both sides of Roxborough Road 80.) Both sides of Sackett Circle Section 4. Prohibition on Parking, Standing or Stopping except for the limousine or taxi drop-offs and pick-ups in designated areas on Carriage House Lane: One Carriage House Lane, no motor vehicle shall park, stand, stop, pick-up or drop-off people (except limousines and taxi cabs which can pick-up and/or discharge people in areas designated by the Police Department of the Town of Mamaroneck) between the hours of 6:00 A.M. and 6:00 P.M. (prevailing time) from June 12, 2006 through and including June 19, 2006. “Section 5. Delegation of the Power to prohibit Parking, Standing and Stopping on additional roads from June 12, 2006 to June 19, 2006: From June 12, 2006 through and including June 19, 2006, the Police Chief of the Town of Mamaroneck or the Chief’s designee shall have the power to prohibit, restrict or limit the parking, standing or stopping of motor vehicles and/or the picking-up and discharging of people by motor vehicles on any street in the unincorporated area of the Town of Mamaroneck between the hours of 6:00 A.M. and 6:00 P.M. (prevailing time). Section 6 --- Signs to be erected. Appropriate temporary signs shall be posted in locations designated by the Town Administrator, the Chief of Police or their designees. Section 7. Penalties: Any person violating any provision of this Local Law shall be punishable upon conviction thereof by a fine of One Hundred Dollars ($100.00). The Police Department shall have the authority to have vehicles parked in violation of this Local Law towed or otherwise removed at the expense of the owner of the vehicle. “ Section 3. – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions.” 6 June 7, 2006 This Local Law shall take effect immediately upon filing with the Secretary of State. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O’Keeffe and on motion of Commissioner Odierna, seconded by Commissioner Wittner, the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O’Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: Paul A. Winick 1. FIRE CLAIMS Commissioner Odierna presented fire claims for authorization of payment, thereafter on Commissioner Odierna 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: AAA Emergency Supply Co., Inc. 20.00 AAA Emergency Supply Co., Inc. 172.00 AAA Emergency Supply Co, Inc 59.99 American Gun & Uniform Supply Ltd. 153.00 Atlantic-Westchester, Inc. 1,025.64 Avaya 103.78 Cablevision 59.90 Clinton Kearney Door Co., Inc. 185.00 Con Edison (gas) 591.21 Cygnus Expositions 2,610.00 Excelsior Garage & Machine Works, Inc. 1,763.46 Excelsior Garage & Machine Works, Inc. 2,151.54 Galls /Aramark 139.97 General Sales Administration 38.22 Giacomo Service Center Inc. 37.00 Giacomo Service Center Inc. 206.00 High Tech Carwash 5.50 Interstate Diagnostic, Inc. 75.00 Metrocom Wireless Inc. 285.00 National Standby Repair Inc. 595.36 Nextel 182.86 911 Wear 325.91 Pitt-Stop Auto Parts 75.00 Poland Spring 105.37 Rickert Lock & Safe Co. 147.90 Shawn Hughes 18.41 State Line Fire & Safety, Inc. 671.55 Technical Electronics Inc. 106.00 T.C.D. Cellular Communications 581.50 TOM Professional Fire Fighters Assoc. 330.12 Trilex 48.75 United Water 251.78 Verizon Wireless 13.11 Westchester Elevator 196.35 Winzer Corp. 40.00 7 June 7, 2006 TOTAL: $13,372.18 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 2. Other Fire Department Business MAY 2006 ALARM TYPE NUMBER Generals 39 Minors 19 Stills 0 Out of Town (Mutual Aid) 1 EMS 16 Drills 3 TOTAL 78 Total Number of personnel responding: 871 Total Time working: 31 hours & 42 minutes Also noted was the Service Awards Report for the first quarter of 2006. According to Chief Peloso, attendance is up at fires, meetings and drills. There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Seligson, the Commission unanimously adjourned and reconvened the regular meeting of the Town Board. AFFAIRS OF THE TOWN 1. Appointment – Boards and Commissions Human Rights Commission On motion of Councilman Winick, seconded by Councilwoman Seligson, it was RESOLVED, Sabrina Fiddeleman is appointed to the Human Rights Commission as a member; and BE IT FURTHER, RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on March 31, 2009 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye Recreation Commission On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, Dr. Robert Morello is appointed to the Recreation Commission as member A; and BE IT FURTHER, 8 June 7, 2006 RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2010. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 2. Consideration of Renewal - J&F Chatsworth Lease This matter was held over. 3. Bond Resolutions Capital Projects – Highway Equipment The following resolution was offered by Councilman Odierna, who moved its adoption, seconded by Councilwoman Seligson, to-wit: BOND RESOLUTION DATED JUNE 7, 2006. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $170,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF MACHINERY, EQUIPMENT AND APPARATUS FOR SAID TOWN. RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase of machinery, equipment and apparatus for the Town of Mamaroneck, Westchester County, New York, each item of which exceeds $30,000, including incidental expenses in connection therewith, there are hereby authorized, subject to permissive referendum, to be issued $170,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of said class of objects or purposes is $170,000 and is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of the $170,000 of bonds of the Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen 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 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 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 for the payment of the principal of and interest on such bonds 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 bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of 9 June 7, 2006 said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. 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 the 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. 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 7. 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 8. 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 9. Upon this resolution taking effect, the same shall be published in full or summary form in the Journal News, which is hereby designated as the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Winick VOTING Aye Councilwoman Seligson VOTING Aye Councilman Odierna VOTING Aye Councilwoman Wittner VOTING Aye Supervisor O’Keeffe VOTING Aye 4. Set Public Hearings Bond Resolution Water District Projects On motion of Councilwoman Wittner, seconded by Councilman Winick, it was 10 June 7, 2006 RESOLVED, that the Town Board does hereby set the date for public hearing on Bond Resolution Water District Projects for June 21, 2006; and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said notice be posted. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye Extension of Moratorium – Illuminated Signs On motion of Councilwoman Wittner, seconded by Councilman Winick, it was RESOLVED, that the Town Board does hereby set the date for public hearing on Extension of Moratorium – Illuminated Signs for June 21, 2006; and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said notice be posted. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 5. Authorization – Agreement – NYS Civil Services Medicare Part D On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement between the Town of Mamaroneck and the NYS Department of Civil Service – Employee Benefits Division; and BE IT, FURTHER, RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator, Stephen V. Altieri, to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 6. Authorization – Transfer of Funds - $4,500 LISWC Storm Water District. Study 11 June 7, 2006 On motion of Councilwoman Wittner, seconded by Councilman Winick, the following was adopted: WHEREAS, the Long Island Sound Watershed Intermunicipal Consortium (LISWIC) has been awarded a grant in the amount of $100,000 from the New York State Department of Environmental Conservation, the purpose being to study the creation of a regional stormwater district for lower Long Island Sound. WHEREAS, the grant requires a cash match of $45,000 to be shared by the following municipalities: Towns of Mamaroneck and Harrison, the Villages of Scarsdale, Mamaroneck, Larchmont , Port Chester, Pelham, Pelham Manor and Rye Brook and the cities of Rye, Mt. Vernon and New Rochelle; and NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the selection of Malcolm Pirnie Engineering, with the assistance of Lester Steinman, a municipal attorney and Director of the Pace University Law Resource Center, to conduct the feasibility study, at a total cost of $127,000; and BE IT FURTHER, RESOLVED, that the Mamaroneck Town Board does hereby authorize the the transfer of $4,500 from the part town unreserved fund to budget account B8090.4294 for the Town of Mamaroneck share of the feasibility study. The above resolution was put to a roll call vote: Winick- Aye Seligson- Aye Odierna- Aye Wittner- Aye O’Keeffe- Aye 7. Approval of Certiorari On motion of Councilwoman Wittner, seconded by Supervisor O’Keeffe, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Marvin & Audrey Pocker 639 Fayette Avenue Mamaroneck Block 829, Lot 210: Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Amount of Reduction Reduced Assessment 2004 $22,700 $10,700 $12,000 2005 $22,700 $13,700 $ 9,000 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 12 June 7, 2006 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Spatz Industries 420 Railroad Way Block 825, Lot 615: Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2004 $67,200 $12,000 $55,000 2005 $67,200 $ 9,000 $50,000 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Marlange Realty 500 Fenimore Road Block 825, Lot 513: Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2004 $122,000 $22,000 $100,000 2005 $122,000 $27,000 $ 95,000 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 8. Resolution – Westchester Land Trust On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following was adopted:: WHEREAS, the Town of Mamaroneck recognizes the value of maintaining the qualities that make our Town unique and beautiful, including public spaces, natural land, and special places; and WHEREAS, the Community Preservation Act will provide an optional tool for maintaining open land to provide parks and recreational opportunities, protect water quality, preserve wildlife habitat, and protect natural views; and WHEREAS, the Community Preservation Act will help the municipalities enter into voluntary conservation agreements with farmers to keep agriculture alive in 13 June 7, 2006 our community, preserve valuable farmland, and provide a local source of healthy food; and WHEREAS, the Community Preservation Act can help the Town preserve historic landmarks in our community so as to educate future generations about our community’s past; and WHEREAS, the Community Preservation Act would allow municipalities, at their option, to plan for the future and provide the resources needed to purchase land for walking or biking trails, parks, and open space; and WHEREAS, the Community Preservation Act is proposed legislation that would amend the tax law to authorize municipalities to impose a real estate transfer fee of up to 2 percent, with revenues to be deposited in a dedicated Community Preservation Fund; and WHEREAS, the Town of Mamaroneck supports the passage of the Community Preservation Act to give municipalities across New York State the opportunity to create a Community Preservation Fund; and WHEREAS, the Town of Mamaroneck wishes to have the OPTION OF CREATING a Community Preservation Plan and offer a referendum to the voters to create a Community Preservation Fund to implement said Plan; and WHEREAS, the Community Preservation Act would require the municipalities , if it chose to pursue this option, to complete a local Community Preservation Plan, pass local legislation and hold a local voter referendum; NOW THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck fully supports the Community Preservation Act (S.31 and 53/A.6450); BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to Governor George E. Pataki, State Senator Joseph Bruno, State Senator Suzie Oppenheimer State Assembly Speaker Sheldon Silver and State Assembly member George Latimer, as well as Senators Schumer, and Clinton and Congress Member Nita Lowey. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 9. Authorization - Appraisal Services On motion of Councilwoman Seligson, seconded by councilman Winick, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the engagement of Valuation Plus, Inc. for the position of trial appraiser in connection with the Carlton House tax certiorari proceedings; and BE IT FURTHER, RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator, Steve V. Altieri, to execute said contract on behalf of the Town Board. The above resolution was put to a roll call vote: Winick- Aye Seligson- Aye Odierna- Aye 14 June 7, 2006 Wittner- Aye O’Keeffe- Aye 10. Salary Authorization SUMMER CONSERVATION CORPS On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that as provided for in the 2006 Town Budget the Town Board does hereby authorize the payment of salary to the following: Name Position Salary Nicholas Smeets Crew Leader $9.00 Timothy O’Conner Crew Member $8.50 Wanjira Laongauer Crew Member $8.50 Christopher Bailey Crew Member $8.50 Kenneth Vanderpool Crew Member $8.50 Cory Schwarzkopf Crew Member $8.50 Laila Kabbaj Crew Member $8.50 Jacob Shapiro Crew Member $8.50 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - 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 2006 Town Budget the Town Board does hereby authorize the payment of salary to the following: HOMMOCKS PLAYGROUND Name Position Salary Kelly Brennan Director $6,500 for season Marie Tischler Assistant Director $4,500 for season Bruno Duarte Unit Leader $3,500 for season Connie Flay Art Specialist $4,500 for season Annette Ballone Assistant Art Specialist $350 per week Matt Gable Assistant Art Specialist $220 per week Debra Polykarpous Dance Specialist $350 per week Thomas Polykarpous Sports Specialist $280 per week Laura Giles Lifeguard $10 per hour Lisa Alfano Counselor $270 per week Stephanie Alfano Counselor $220 per week Maryann Amir Counselor $220 per week 15 June 7, 2006 Jason Bilotti Counselor $ 298 per week Laura Bottari Counselor $220 per week Evan Burrell Counselor $200 per week Amanda Curry Counselor $270 per week Matt Eckes Counselor $160 per week Kayla Farley Counselor $220 per week Anne Giles Counselor $185 per week Samantha Guardino Counselor $200 per week Robert Micelli Counselor $240 per week Samantha LaBella Counselor $215 per week Kyra Pearson Counselor $215 per week Daniella Rabino Counselor $225 per week Stephen Reid Counselor $200 per week Kevin Rice Counselor $195 per week Yolanda Rose Counselor $220 per week Fanta Scipio Counselor $225 per week Tenefer Scipio Counselor $240 per week Elise Sjosted Counselor $185 per week Karen Snyder Counselor $190 per week James Wesman Counselor $220 per week Cody Blume Junior Counselor $160 per week CHATSWORTH PRE SCHOOL Name Position Salary Pam Triano Director $3,800 for season Charlene Farrell Assistant Director $390 per week Julia Gacio Unit Leader $195 per week Camille Tompkins Art Specialist $230 per week Jennifer Hughes Fitness Specialist $210 per week Mary Lou Hughes Art Specialist $270 per week Bonnie Jackson Music Specialist $285 per week Lynn Buehler Counselor $190 per week Brenda Cherry Counselor $155 per week James Cunningham Counselor $190 per week Kathleen Faulkner Counselor $197 per week Patricia Faulkner Counselor $140 per week Anna Hammond Counselor $191 per week Carol Kienzle Counselor $177 per week Gloria Lewandowski Counselor $196 per week Mary Ann Madia Counselor $177 per week Rose Richards Counselor $227 per week Doris Starr Counselor $179 per week Kamiach Suarez Counselor $160 per week Diane Toscano Counselor $160 per week Caroline Veintimilla Counselor $186 per week MONROE PRE SCHOOL Name Position Salary Haydee Colon Unit Leader $320 per week Tracy Donohue Unit Leader $305 per week Alyssa Reigle Unit Leader $335 per week Maria Sigismondo Music Specialist $23 per hour Brittany Clarke Counselor $145 per week Brooke Rosenfeld Counselor $155 per week TENNIS Name Position Salary Cleary Packard Instructor $20 per hour Benjamin Polcer Instructor $21 per hour 16 June 7, 2006 Andreas Riss Instructor $24 per hour David Still Instructor $12 per hour Frank Commrade Maintenance Assistant $11 per hour The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye APPROVAL OF MINUTES February 8, 2006 Special Meeting March 24, 2006 Special Meeting March 15, 2006 & April 5, 2006 Special Meeting February 8, 2006 On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was approved: RESOLVED, that the Town Board does hereby approve the Board minutes from the Special Meeting of, February 8, 2006 as amended. The above resolution was put to a roll call vote: Winick - Abstain Seligson - Abstain Odierna - Aye Wittner - Aye O’Keeffe - Aye Special Meeting March 24, 2006 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was unanimously approved: RESOLVED, that the Town Board does hereby approve the Board minutes from the Special Meeting of, March 24, 2006 as amended. March 15, 2006 Meeting On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was unanimously approved: RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of, March 15, 2006 as amended. April 5, 2006 Meeting On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was unanimously approved: RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of, April 5, 2006 as amended. 17 June 7, 2006 ORAL COMMUNICATIONS Abby Katz said streets are cleaned twice a year and it would be nice if the residents were notified ahead of time. She asked who cleans the basins. The Administrator said the highway department cleans them. SUPERVISOR REPORTS Supervisor O’Keeffe said there would be a farmer’s market on the upper deck of the parking lot on Myrtle Boulevard on Saturdays. She said she had received a communication regarding the status of generators at the High School. Mr. Altieri said they are using portable generators for now. The Supervisor said there was a joint comment submitted, which was initiated by Quiet Skies to the FAA. We hired a consultant to draft questions on flight patterns. We will see now if the questions are answered. REPORTS OF THE COUNCIL Councilman Odierna said the Golden Shoe String was having a 50% store front sale. He thanked the Administrator for fixing a problem at the Hommocks. He talked to George Latimer, State Assemblyman, about repairing state owned property in emergencies. And asked if we could do trimming along Weaver Street. Councilwoman Seligson attended a Westchester Municipal Planning Federation meeting on June 1, where our own Marilyn Reader, chair of the Planning Board, was presented the Volunteer of the Year Award. Seligson went to the Zoning meeting also. Councilman Winick said there was a great turnout this year at the parade, a bus of navy people came to the Larchmont parade and he went to Mamaroneck ceremonies where there were servicemen from Iraq. Councilwoman Wittner said she was impressed by the number of children at the Larchmont Parade. Mr. Maker said his son graduated from college with a degree in journalism, and Secretary of Labor, Elaine Cho, was the speaker. Councilman Winick said his son would be graduating from Mamaroneck High School on the regular Town Board meeting of June 21. The Board then voted on changing the following times and dates of meeting: On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby change the time of convening the regular Board meeting from 8:15 PM to 4:00 PM on June 21, 2006; and BE IT FURTHER, RESOLVED, that the Town Board does hereby set the date for the meeting in July to July 12, 2006 at 8:15 PM. 18 June 7, 2006 ADJOURNMENT Supervisor O’Keeffe said that the Town Board was saddened by the news that Marianne Carpaneto died last night, she is the mother of our Building Inspector, Ron Carpaneto. n motion of Councilwoman Wittner, seconded by Councilman Odierna, the meeting O was adjourned at 10:35 PM in memory of Marianne Capaneto. Submitted by _________________________________ Patricia A. DiCioccio, Town Clerk F:\\Documents\\Minutes\\2006w\\06-07-06.Last.Doc 19