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HomeMy WebLinkAbout2009_04_01 Town Board Minutes April 1, 2009 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON APRIL 1, 2009 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 David J. Fishman ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney WORK SESSION Supervisor O'Keeffe gave a brief update on the status of the Federal Stimulus package and funding through Congresswoman Nita Lowey's Office. Preliminary Plans- Construction of Sanitation Commission Building The Board reviewed a feasibility analysis of the alternatives for constructing a permanent building; including cost analysis including apportionment for Town and Village, schematic designs and an estimated project time line. The Board questioned some of the specific costs and asked Mr. Altieri to clarify them with Calgi Construction. Given the high price of the project the Board would like Mr. Altieri to investigate using prefabricated buildings. Mr. Altieri felt that the cost would probably not change by any significant amount, given that major modifications would have to then be made to the prefabricated building. The Board emphasized the need to get all the cost reduced. Memorial Park— Master Plan The Board reviewed the proposal from H M White Site Architects for preparing a conceptual master plan for Memorial Park. The Board is continuing to review this project as well as ideas for alternative proposals. Washington Square Parking Proposal The Board reviewed the comments, recapped by Mr. Altieri, from the Parking Committee Meeting of March 25th. The Board discussed the Parking Plan proposals in preparation for the discussion during the Regular Board Meeting. Scarsdale `strip' Residents on Mamaroneck Town Line Supervisor O'Keeffe, stated that she was contacted by Scarsdale `strip' residents regarding their taxes. They may appear this evening to make a statement. The Board will have information for a scheduled meeting with this group for the next Town Board meeting. Training Zoning Board of Appeals Members The Board noted there was confusion regarding the scheduled date for the training. An alternate date of April 23rd was discussed. 1 April 1, 2009 On motion of Councilwoman Wittner, seconded by Councilman Fishman, the Board unanimously agreed to enter into Executive Session to discuss a lease negotiation. EXECUTIVE SESSION Lease Negotiation On motion of Councilman Fishman, seconded by Councilwoman Wittner, the Board unanimously agreed to renter Work Session. Town Assessor Supervisor O'Keeffe gave a brief update on her recent meeting with the Village of Larchmont regarding the Village of Larchmont's position with respect to the Village's adoption of the Town Assessment roll. The Board also noted the need for further meetings with the Villages of Larchmont and Mamaroneck regarding revaluation. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:20PM she then pointed out the location of exits. Memorial Tribute - Former Supervisor Christine Helwig MEMORIAL TRIBUTE TO CHRISTINE K. HELWIG FORMER SUPERVISOR OF THE TOWN OF MAMARONECK 1969-1975 Served as First Woman Town Died March 14, 2009 in Supervisor in Westchester County CT. —Would have been 96 years old in June "quality of her performance and the intensity of her dedication" (Phyllis' quote) Public Service was her life — outstanding citizenship — good government— dedication to environmental conservation (ahead of her time) 1934 Received her B.A. from Vassar College followed by graduate work at New York University 1936 Married Edward Helwig 1941 Moved to the Town of Mamaroneck Daughters Christa and Marymina (Minka) went to Chatsworth, Murray, Mamaroneck Junior High School and Mamaroneck High School 1943-1949 Involved in school activities from Chatsworth PTA Parent Education Chairman, helped to create a library at Chatsworth and continued to volunteer there as a librarian, Chairman of the Community Institute, President of the Larchmont-Mamaroneck Parent- 2 April 1, 2009 Teacher Council and served as its Publications Chairman, Edited the Chatsworth Avenue Newspaper— "Chat" —and assisted with art hobby for 2 years. 1947-1958 Very active in the Larchmont Camp Fire Girls 1949-1959 Served on the Board of Education Highlight—Worked with Westchester County on a "Land and Outdoor Facility Study" — encouraged Westchester County to deed surplus lands to the Town for municipal and park and recreational use. With strong community support and that of the Supervisor and town Board, 54 acres of these lands which were completely natural were to be devoted to park and recreational use. Ultimately this led to the creation of the Sheldrake and Leatherstocking Trails, which we enjoy today. Held Leadership Positions in: Boy Scouts of America Friends of the Reservoir Conservation Advisory Local Involvement for Committee/Commission Environment Cross County Land Study Mamaroneck High School Committee Town of Mamaroneck Coastal Zone Management Village of Larchmont Commission Environmental Management Council After Very active in English Group Dancing — Retirement Was busy teaching and running dance groups —founded schools in "country dancing" locally and also in New Haven, CT. Councilwoman Wittner, spoke warmly of the many contributions Ms. Helwig made to Town Conservation, adding the Town's publication A History of Conservation speaks specifically about her many accomplishments. Lee Bloom, who served as Councilman for the Town, spoke as a colleague and a friend of Ms. Helwig, reflecting on her many personal qualities. He valued the experience of working with such a wonderful woman. PUBLIC HEARINGS —Amendment to the Special Permit, FCD Mamaroneck, LLC The following notice of Public Hearing was entered into the record: NOTICE OF PUBLIC HEARING AMENDMENT TO SPECIAL PERMIT FCD MAMARONECK LLC PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on April 1, 2009 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 amending the Special Permit issued by the Town Board to FCD Mamaroneck LLC. The full text of the amended permit may be examined and copies obtained at the Town Clerk's office during regular hours (Monday through Friday, 3 April 1, 2009 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 PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: March 21, 2009 Mr. Maker gave an overview and history of the FCD Mamaroneck, LLC project with respect to the sale of land on Byron Place and the construction of the parking deck. Mr. Maker's memo states `that if the Parking Deck is not substantially completed by April 14, 2009, the time by which the developer must submit its plans and obtain its building permit is shortened. The Special Permit will expire if the developer does not meet those time lines (which are in the year 2011)." The Board has before them documents that retain this feature, but push back the date for substantially completing the deck to May 15, 2009. Mr. Maker added the rationale for pushing back the target date is that the Town insisted the developer not pour concrete on days when the weather was consistently below 40 degrees, or allow the addition of anti- freezing agents to the concrete. On motion of Councilwoman Wittner, seconded by Councilman Fishman, the Public Hearing was unanimously opened. Ester Alpert, 14 North Chatsworth, Doug Bloom, 22 Myrtle Blvd and David O'Connor 172 Myrtle Blvd, asked questions of the Board. Written Comments of Brian Lobel were entered into the record. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearing was unanimously closed. On motion of Councilman Odierna, seconded by Councilman Fishman, the following was approved: RESOLUTION APPROVING THE THIRD AMENDMENT TO THE SPECIAL PERMIT ISSUED BY THE TOWN BOARD TO FCD MAMARONECK, LLC ON OCTOBER 18, 2006 Whereas, on October 18, 2006, the Town Board adopted a resolution wherein it issued a Special Permit to FCD Mamaroneck, LLC for the construction of a mixed-use development in the area generally bounded by Madison Avenue, Byron Place and Maxwell Avenue in the Town of Mamaroneck, subject to the conditions and requirements contained in the Town Board's October 18, 2006 resolution ("Special Permit"), and Whereas, on April 2, 2008, the Town Board adopted a resolution whereby it granted the First Amendment to the Special Permit, and Whereas, on November 5, 2008, the Town Board adopted a resolution whereby it granted the Second Amendment to the Special Permit, and Whereas, on February 27, 2009, FCD Mamaroneck LLC transferred title to the real property on which the mixed-use development that is the subject of the Special Permit to Byron Place Associates, LLC and Whereas, Byron Place Associates, LLC has asked the Town Board to amend the Special Permit to extend the Target Date for the substantial completion of the Parking Deck from April 14, 2009 to May 15, 2009, and 4 April 1, 2009 Whereas, at its meeting held on April 1, 2009, the Town Board conducted a public hearing on the request by Byron Place Associates, LLC to extend the Target Date, and Whereas, at the public hearing all persons wishing to be heard were given an opportunity to address the Town Board either orally or in writing, and Whereas, the public hearing was closed on April 1, 2009, and Whereas, the Town Board finds: (a) since the Town will be responsible for maintaining the Parking Deck after it is completed and all warranties have expired, the administration acted properly when it insisted that anti-freezing agents not be added to concrete and that the concrete for the Parking Deck not be poured unless the temperature in Mamaroneck was at least 40° F, and (b) due to persistently cold weather during the 2008-2009 winter, the temperature in Mamaroneck was not consistently at least 40° F on a sufficient number of days to allow for the concrete to have been poured, and (c) as a result of the cold weather and the Town's position regarding the pouring of concrete, the Target Date of April 14, 2009 cannot be met, BE IT RESOLVED that since the request by Byron Place Associates, LLC does not call for any physical change in the mixed-use development or in the Parking Deck but only asks that the date by which the Parking Deck must be substantially completed be extended by thirty (30) days, the Town Board determines (a) that the petition by Byron Place Associates, LLC does not need to be referred to the Planning Board and (b) that the Town Board, as Lead Agency, need not make any additional or supplemental findings under the State Environmental Quality Review Act before acting upon this application for a third amendment to the Special Permit; and BE IT FURTHER RESOLVED that a third amendment to the Special Permit is granted in that Paragraph 14 of the Town Board's October 18, 2006 resolution is deleted and the following is substituted in its place: "14) Expiration of this Special Permit A) This Special Permit shall expire automatically if the Applicant (a) does not submit a complete application for a building permit for the construction of the Mixed-Use Development on or before April 18, 2011 or (b) does not obtain such building permit on or before October 18, 2011. B) If construction of the Parking Deck is not substantially completed (meaning that the Parking Deck is at a stage of construction that allows at least 118 automobiles to be parked in Parking Lot#3) by the Target Date which is May 15, 2009 (to be extended by one day for each day that there is a delay beyond the reasonable control of the Applicant, including delays caused by the Town, governmental restrictions, governmental preemption, strikes, labor disputes, lockouts, shortages of labor and materials, enemy action, terrorist action, civil commotions, riots, insurrection, fires that are not the result of the negligence of the Applicant or its contractors and acts of God) but is substantially completed before the Town awards a bid for the Awarded Work, the date by which the Applicant must submit a complete application for a building permit for the construction of the Mixed-Use Development and the date by which the Applicant must obtain such building permit before this Special Permit expires shall be two (2) days sooner than the dates set forth in paragraph 14 A) for each day from the first day after the Target Date to the day that the Town confirms that the Parking Deck and the other work required to be done at Parking Lot#3 have been constructed in accordance with the requirements of this Resolution. [Example: The Town confirms that the Parking Deck is substantially complete on June 1, 2009. That day is 17 days after May 15, 2009 ---the Target Date. The date by which the Applicant must submit a complete application for a building permit for the construction of the Mixed-Use Development is now March 12, 2011 and the date by which the Applicant must obtain such building permit is now September 11, 2011]. C) If the date for substantial completion of the Parking Deck is extended for any of the reasons contained in paragraph 14 B) hereof, the date by 5 April 1, 2009 which the Applicant must submit a complete application for a building permit for the construction of the Mixed-Use Development and the date by which the Applicant must obtain such building permit shall be extended by one day for each day that there is a delay beyond the reasonable control of the Applicant, including delays caused by the Town, governmental restrictions, governmental preemption, strikes, labor disputes, lockouts, shortages of labor and materials, enemy action, terrorist action, civil commotions, riots, insurrection, fires that are not the result of the negligence of the Applicant or its contractors and acts of God. D) If construction of the Parking Deck is substantially completed prior to the Target Date, the date by which the Applicant must submit a complete application for a building permit for the construction of the Mixed-Use Development and the date by which the Applicant must obtain such building permit before this Special Permit expires shall be extended beyond the dates set forth in paragraph 14 A) by one (1) day for each day between the day that the Town confirms that the Parking Deck and the other work required to be done at Parking Lot#3 have been constructed in accordance with the requirements of this Resolution and the Target Date. [Example: The Town confirms that the Parking Deck is substantially complete on April 30, 2009. That day is 15 days prior to May 15, 2009 ---the Target Date. The date by which the Applicant must submit a complete application for a building permit for the construction of the Mixed-Use Development is now May 3, 2011 and the date by which the Applicant must obtain such building permit is now November 2, 2011]. E) No building permit for the construction of this Mixed-Use Development shall be issued unless prior to or contemporaneous with its issuance, a building permit for the construction of the Parking Deck shall have been issued. F) Any building permit issued for the construction of this Mixed-Use Development can be revoked if, in the opinion, of the Director of Building Code Enforcement and Land Use Administration, the construction of the Parking Deck is not being carried on diligently.", and BE IT FURTHER RESOLVED that all of the paragraphs of the October 18, 2006 resolution granting the Special Permit, all of the paragraphs of the Town Board's April 2, 2008 resolution granting the First Amendment to the Special Permit and all of the paragraphs of the Town Board's November 5, 2008 resolution granting the Second Amendment to the Special Permit (including the recital paragraphs appearing in those resolutions) that have not been deleted or amended by this resolution are reconfirmed and shall remain in full force and effect, and BE IT FURTHER RESOLVED that the Town Administrator is authorized to execute the proposed THIRD AMENDMENT TO THE CONTRACT OF SALE on behalf of the Town, and BE IT FURTHER RESOLVED, that this resolution shall take effect only if FCD Mamaroneck, LLC executes the proposed THIRD AMENDMENT TO THE CONTRACT OF SALE thereby acknowledging that its obligation to construct the Parking Deck in accordance with (i) the Special Permit issued by the Town Board on October 18, 2006 as that Special Permit has been amended on April 2, 2008, on November 5, 2008 and by this resolution and (ii) the Contract of Sale between the Town of Mamaroneck and FCD Mamaroneck, LLC made as of January 2007, as that contract has been amended by the First Amendment to the Contract of Sale made as of April 11, 2008 and the Second Amendment to the Contract of Sale made as of June 20, 2008 is not altered, relieved or discharged in any way by this resolution, and BE IT FURTHER RESOLVED, that unless the proposed THIRD AMENDMENT TO THE CONTRACT OF SALE is executed by Byron Place Associates, LLC and FCD Mamaroneck, LLC and delivered to the Town Administrator on or before April 14, 2009, this resolution shall be of no force and effect, and BE IT FURTHER RESOLVED that within five (5) business days of the adoption of this resolution, the Town Administrator or other duly authorized person (i) shall cause this resolution to be filed in the office of the Town Clerk and (ii) shall cause a copy thereof to be sent by first-class mail, telefax or electronic mail to Byron Place Associates, LLC and FCD 6 April 1, 2009 Mamaroneck, LLC and to all agencies which are considered either an interested or an involved agency under the regulations promulgated by the New York State Department of Conservation pursuant to the State Environmental Quality Review Act. THIRD AMENDMENT TO THE CONTRACT OF SALE This amendment ("Third Amendment") made as of April 1, 2009, is between the TOWN OF MAMARONECK, a municipal corporation duly organized and existing under the laws of the State of New York, having its principal place of business at 740 West Boston Post Road, Mamaroneck, New York 10543 ("Seller"), BYRON PLACE ASSOCIATES, LLC with an office at 2 Greenville Road, Katonah, New York 10536 ("Byron")and FCD MAMARONECK LLC, a New York limited liability company with an office located at 1775 Broadway, Suite 701, New York, New York 10019 ("Assignor"). Recitals Whereas, the Seller and the Assignor entered into a Contract of Sale made as of January 2007, a First Amendment to the Contract of Sale made as of April 11, 2008 ("First Amendment") and a Second Amendment to the Contract of Sale made as of June 20, 2008 ("Second Amendment")for the sale by the Seller to the Assignor of all that certain piece or parcel of land described on Exhibit A annexed to the Contract consisting of approximately 5,550 square feet lying and being in the Town of Mamaroneck, County of Westchester and State of New York designated as Block 132, Lot 300.2 on the official tax map of the Town of Mamaroneck and located on the east side of Byron Place, and Whereas, construction of the Parking Deck (see paragraph 1 of the First Amendment for definition) commenced on or about July 14, 2008 and has proceeded diligently since work began, and Whereas, under the Contract of Sale, the First Amendment and the Second Amendment (collectively, "Contract"), the date by which the Parking Deck is to be substantially complete is referred to as the Target Date (see paragraph 1 of the First Amendment for definitions), and Whereas, the Target Date is April 14, 2009 or the date to which substantial completion of the Parking Deck is extended due either to Unavoidable Delays or the need to remediate contamination or a combination of both, and Whereas, to assure the quality of construction, the Seller refused to allow anti-freezing agents to be added to concrete and insisted that the concrete for the Parking Deck not be poured unless the temperature in Mamaroneck was at least 40° F, and Whereas, due to persistently cold weather during the 2008-2009 winter, the temperature in Mamaroneck was not consistently at least 40° F on a sufficient number of days to allow for the concrete to have been poured, and Whereas, as a result of the Seller's insistence, the Parking Deck cannot be substantially completed by April 14, 2009, and Whereas, on February 27, 2009, the Assignor assigned its rights under the Contract to Byron, and Whereas, on April 1, 2009, the Seller resolved to amend the Contract to extend the Target Date to May 15, 2009. Now, therefore, intending to be bound, the parties agree to the following: I. Amendment. The Second Amendment is amended as follows: The definition of"Target Date" contained in paragraph 1 of the First Amendment is deleted in its entirety and the following is substituted in its place: "Target Date" means May 15, 2009 or the date to which substantial completion of the Parking Deck is extended due either to Unavoidable Delays or the need to remediate contamination or a combination of both. II. Assignor's Continuing Obligation. The Assignor agrees that nothing contained herein shall relieve it of its obligation to construct the Parking Deck in accordance with (i) the Special Permit issued by the Town Board on October 18, 2006 for a mixed-use development in the area generally bounded by Madison Avenue, Byron Place and Maxwell Avenue in the Town of Mamaroneck, as 7 April 1, 2009 that Special Permit has been amended on April 2, 2008, November 5, 2008 and April 1, 2009 and (ii) the Contract and the Third Amendment. III. Representations and Warranties. A. The Seller represents to Byron and the Assignor that the Seller has the full right, power and authority to enter into and fully perform its obligations under the Third Amendment and the person signing the Third Amendment on behalf of the Seller is authorized to do so. These representations are true on the date the Seller signs the Third Amendment and will be true on the date of the Closing. These representations shall survive the delivery of the Deed. B. Byron represents to the Seller and the Assignor that Byron has the full right, power and authority to enter into and fully perform its obligations under the Third Amendment and the person signing the Third Amendment on behalf of Byron is authorized to do so. These representations are true on the date Byron signs the Third Amendment and will be true on the date of the Closing. These representations shall survive the delivery of the Deed. C. The Assignor represents to the Seller and Byron that the Assignor has the full right, power and authority to enter into and fully perform its obligations under the Third Amendment and the person signing the Third Amendment on behalf of the Assignor is authorized to do so. These representations are true on the date the Assignor signs the Third Amendment and will be true on the date of the Closing. These representations shall survive the delivery of the Deed. III. Counterparts. The Third Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which when taken together shall constitute one and the same contract. IV. Severability. If any one or more of the provisions contained in the Third Amendment shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and the Third Amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. V. Restatement of the Contract, the First Amendment and the Second Amendment. All of the provisions of the Contract that have not been deleted or amended by the Third Amendment shall remain in full force and effect and shall continue to be part of the Contract. In Witness Whereof, this Third Amendment has been duly executed by the Parties hereto the day and year first above written. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye TAKEN OUT OF ORDER ORAL COMMUNICATIONS Angela Mason, 29 Doris Lane addressed the Board regarding taxation for the Town of Mamaroneck residents that fall within the Scarsdale School district. Over the past two years, their school tax has increased 24% versus the Scarsdale resident school tax increase of 6%. The group of residents of whom she is speaking on behalf of have met with Assemblyman George Latimer, who in turn is meeting with the Office of Real Property Service (ORPS). 8 April 1, 2009 Mr. Cohen, 12 Wagon Wheel Road, encouraged the Board to speak with ORPS on their behalf in favor of a special segment assessment. Supervisor O'Keeffe noted to Ms. Mason that the Town Board is preparing information for a meeting with the residents at the next Town Board meeting. The written comments of Ms. Mason were received by the Town Clerk and entered into the record. Ruth Campanelli, Larchmont Gardens' Civic Association, had comments for the Board regarding pick up of organic material. She feels the Town's change in policy has led to confusion among residents as well as a proliferation of organics being mistakenly left at curb side. She encouraged the Board to be more proactive in getting the word out on the new policy, specifically something attached to the organic refuse alerting the homeowner as to why it was not picked up. AFFAIRS OF THE TOWN (taken out of order) 1. Adoption —Washington Square Parking Plan/Town Parking Lot Fees Mr. Altieri gave an overview of the proposed parking plan for the Washington Square area and the Commuter Parking. On March 25th the Washington Square Parking Committee met to discuss the proposed parking plan and fees that the Board discussed at its March 18th Work Session. A number of issues continue to be discussed and addressed with comments by the following residents: Leah Lenney, 14 North Chatsworth, Joe Windman, 14 North Chatsworth, John Irving, 14 North Chatsworth, Ron Fass, 14 North Chatsworth, Peter Simone, DDS. The Board will take all comments under advisement and will readdress the parking plan at its next meeting. Mr. Altieri noted that due to the time frame for the re- permitting of the Commuter Lot; these fees should be addressed this evening. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the parking fees for Commuter Lot# 1, as follows: Daytime Permit, one permit, one car $500.00 per year Daytime Permit one permit, two cars $510.00 per year Meter Parking, one permit, one car $ 50.00 per year, plus .75 per hour meter fee Meter Parking, one permit two cars $ 60.00 per year, plus .75 per hour meter fee The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 9 April 1, 2009 BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Wittner, seconded by Commissioner Fishman, 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: David J. Fishman 1. FIRE CLAIMS Commissioner Wittner presented fire claims for authorization of payment, thereafter on Commissioner Fishman's motion, seconded by Commissioner Seligson, 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. Scott Pack Repair 806.38 AAA Emergency Supply Co. Scott Pack Repair 447.38 Cablevision Cable Service 82.33 Carrot-Top Industries Flag, Halyard, Snaphook 131.44 IKON Monthly Copier Service 212.13 Motorola Inc. Beeper Repair 78.00 Poland Springs Drinking Water 75.94 R & L Consulting Quicken 2009 Software 75.15 Town of Mamaroneck P.F.F.A. Life Ins. Premium March 2009 220.08 Verizon Telephone Service 387.32 W.J.W.W. Water Service 254.91 Winzer Corp. Supplies 40.00 Total: 2,811.06 The above resolution was put to a roll call vote: Commissioner Fishman Aye Commissioner Seligson Aye Commissioner Odierna Aye Commissioner Wittner Aye Commissioner O'Keeffe Aye 2. Other Fire Department Business Commissioner Wittner presented the Fire Report, as submitted by Chief McCarthy as follows, 10 April 1, 2009 March 1, 2009 ALARM TYPE NUMBER Generals 23 Minors 11 Stills 0 Out of Town (Mutual Aid) 1 EMS 20 Drills 2 TOTAL 57 Total Number of personnel responding: 687 Total Time working: 24 hours & 43 minutes There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Odierna, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 2. Report of Bids — TA-09-03A Grass Maintenance —Cemeteries &Various Locations The report of bids is entered into the record as Attachment A On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby award the Contract#TA-09-03A Grass Maintenance— Cemeteries and Various Locations, to the lowest responsible bidder, Gennaro Bianco Landscaping of Mamaroneck, New York, for the years 2009 and 2010, for a total amount of $22,000.00. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 3. Authorization —Auditor Retainer Agreement - Bennett Kielson On motion of Councilwoman Seligson, seconded by Councilman Fishmam, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the revised retainer agreement with the Auditor Bennett Kielson Storch & DeSantis' Government Services Division of O'Connor, Davies, Munns & Dobbins, LLP, for the years ending December 31, 2008, 2009, 2010, as follows: 11 April 1, 2009 2008 2009 2010 Basic Fee $52,500 54,000 55,700 Section 8 program 2,250 2,300 2,400 Single Audit 3,950 4,050 4,200 (A-133) — 1 Program The above resolution was put to a roll call vote: Fishman Aye Seligson Si (Aye) Odierna Aye Wittner Abstain O'Keeffe Si (Aye) 4. Authorization — New York State Snow and Ice Agreement On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, the following was unanimously approved, On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, the following was unanimously approved: WHEREAS, the Town of Mamaroneck conducts snow and ice control on both the Boston Post Road and Weaver Street which are roadways owned by the State of New York, and WHEREAS, in consideration of the Town's snow and ice control activity, the State reimburses the Town. NOW, THEREFORE, BE IT 2007/08 RESOLVED, that the Mamaroneck Town Board does hereby approve the was agreement for the year 2007/2008, with the New York State Department of amended Transportation for snow and ice control activity for the 9.17 miles of State road 3/17/10 at a rate of$1,145.00 per mile, for a yearly total of$10,499.65. On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, the following was unanimously approved: WHEREAS, the Town of Mamaroneck conducts snow and ice control on both the Boston Post Road and Weaver Street which are roadways owned by the State of New York, and WHEREAS, in consideration of the Town's snow and ice control activity, the State reimburses the Town. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement for the year 2008/2009, with the New York State Department of Transportation for snow and ice control activity for the 9.17 miles of State road at a rate of$1,1300.00 per mile, for a yearly total of$11,921.00. On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, the following was unanimously approved: WHEREAS, the Town of Mamaroneck conducts snow and ice control on both the Boston Post Road and Weaver Street which are roadways owned by the State of New York, and 12 April 1, 2009 WHEREAS, in consideration of the Town's snow and ice control activity, the State reimburses the Town. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement for the year 2009/2010, with the New York State Department of Transportation for snow and ice control activity for the 9.17 miles of State road at a rate of$1,145.00 per mile, for a yearly total of$10,499.65. 5. Authorization —Westchester County Prisoner Transportation Agreement On motion of Councilman Odierna, seconded by Councilwoman Seligson, the following was unanimously approved: WHEREAS, under the requirements of the New York State Statute, County governments are responsible for the transportation of prisoners from local jurisdiction to a County correctional facility, and WHEREAS, Westchester County has contracted with local municipalities to transport prisoners using local police departments through a reimbursement agreement. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the renewal agreement for the years 2009 and 2010 for the transportation of prisoners to the County correctional facility in Valhalla at a round trip rate of$183.19 for the year 2009 and $190.52 for the year 2010 and reimbursement for mileage at the rate of$.585 cents per mile, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said agreement on behalf of the Town. 6. Authorization —Westchester County Vehicle Agreement On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was approved: WHEREAS, the Town has been operating a 25-passenger partransit bus under a lease agreement with Westchester County for$1.00 a year, and WHEREAS, Westchester County is now prepared to transfer ownership of the bus to the Town for$1.00. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement to complete the transfer of ownership for the 1999 Ford paratransit bus to the Town of Mamaroneck, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said agreement on behalf of the Town. 13 April 1, 2009 The above resolution was put to a roll call vote: Fishman Aye Seligson Ne (Aye) Odierna Aye Wittner Aye O'Keeffe Ita (Aye) 7. Approval of Certiorari On motion of Councilman Odierna, seconded by Councilman Fishman, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: 310 Boston Post Road Corp. 310 Boston Post Road Mamaroneck, NY 10543 Block: 914 Lot: 15.1 YEAR ASSESSMENT AMOUNT OF REDUCTION REDUCED ASSESSMENT 2001 $32,000 $10,000 $22,000 2002 $32,000 $10,000 $22,000 2003 $32,000 $10,000 $22,000 2004 $32,000 $10,000 $22,000 2005 $32,000 $11,000 $21,000 2006 $32,000 $11,000 $21,000 2007 $32,000 $11,000 $21,000 2008 $32,000 $11,000 $21,000 The above resolution was put to a roll call vote: Fishman Aye Seligson Yao (Aye) Odierna Aye Wittner Aye O'Keeffe Hai (Aye) 14 April 1, 2009 8. Salary Authorization — Recreation RESOLVED, that as provided for in the 2009 Town Budget the Town Board does hereby authorize the payment of salary to the following: Spring Hockey Thomas Greason Instructor $20.00 per hour effective retroactive to 3/21/09 Greg Tevere Instructor $17.00 per hour effective retroactive to 3/21/09 Joseph Carducci Assistant Instructor $7.50 per hour effective retroactive to 3/21/09 Bryce Lobel Assistant Instructor $7.50 per hour effective retroactive to 3/21/09 Recreation Office Eileen Puleo Pre Camp Assistant $12.00 per hour effective 4/1/09 Memorial Park Tennis Courts Frank Commrade Maintenance Aide $10.00 per hour effective retroactive to 3/25/09 The above resolution was put to a roll call vote: Fishman Aye Seligson Da (Aye) Odierna Aye Wittner Aye O'Keeffe Ja (Aye) APPROVAL OF MINUTES— March 18, 2009 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board minutes from the meeting of, March 18, 2009. SUPERVISOR'S REPORT Supervisor O'Keeffe noted she has been very busy with the Westchester Joint Water Works, specifically with the Department of Health in Albany. REPORT OF COUNCIL Councilman Odierna reminded residents of the upcoming `Coffee with George and Judy' at the Nautilus Diner on April 4 th Councilwoman Wittner noted the Larchmont Library presented a low budget with no cuts in services, adding they were very cooperative. They did raise late fees from 5 cents to 10 cents a day for overdue books. Councilwoman Seligson attended the Planning Board Meeting, noting the attendance of the new Alternate Member Robert Viner, and thanked him for joining as Alternate Member. Councilman Fishman took this opportunity to recognize the many Mamaroneck High School athletes who have been recruited to play college sports. He read from a very impressive list of 29 athletes and the schools they will be attending. ADJOURNMENT 15 April 1, 2009 On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner the meeting was unanimously adjourned at 11:30 PM. Submitted by Christina Battalia, Town Clerk 16