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HomeMy WebLinkAbout2006_12_20 Town Board Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING – Wednesday, December 20, 2006 in the Town Center Court Room at 8:15 PM THE TOWN BOARD WILL CONVENE – at 5:00 PM into a Work Session to discuss Police SWAT Team, 2007 Budget Amendments, Covenants – FCD Mamaroneck LLC, Fire District Referendum, and Workplace Violence Policy 7:15 PM EXECUTIVE SESSION to discuss Personnel, Certiorari & Land Transaction RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PRESENTATION Certificates of Appreciation Marilyn Reader, Chairperson – Town Planning Board Thomas Gunther – Chairperson – Town Zoning Board BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN 1. Adoption – 2007 Town of Mamaroneck Budget 2. Discussion – Proposed Water Rate Increase 3. Authorization – Westchester County Bus Shelter Agreement 4. Authorization – Workforce Housing Covenant/Parking Covenant 5. Approval of Certiorari 6. Salary Authorization - Recreation APPROVAL OF MINUTES October 18, 2006 & November 1, 2006 Special Meeting November 20, 2006 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERKS REPORT Next regularly scheduled meetings – January 3, 2007 & January 17, 2007 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 December 20, 2006 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON DECEMBER 20, 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 Christina Battalia, Deputy Town Clerk WORK SESSION Swat Team Supervisor O’Keefe said that Mayor Trifiletti had said the Village of Mamaroneck was putting together an emergency response plan for schools and thought it would make sense to have all three of our communities act together on this. Councilwoman Wittner said the Board had discussed the SWAT team propsal already and the answer was no. The Supervisor said this was a bit different from the SWAT team proposal, this is geared more to responding to incidents at the schools, which is why she asked that Richard Rivera, Police Chief join us in this work session. Chief Rivera stated that every police department is training in what is known as an entry team. To have another emergency response team would be redundant because the County already has that. We have our officers training in an active shooter program, which is separate from the SWAT team. He said that Lt. Mike Cindrich had done research on the SWAT team. Lt. Cindrich explained that every police officer would be trained in Active Shooting Response (not SWAT). During emergencies a command post would be set up, perimeters established , and notification to the County. We would make the initial response – then the County has a special response team who are ready to respond in 15 minutes, and they have the operational experience. They have been through the stress level training at least twice a month and they are extremely professional. In response to the Supervisor’s request, Chief Rivera explained that the purpose of the Active Shooter Response was when there is a shooter in a school, or in a hostage situation. Four officers would go in with certain equipment attempting to get the shooter. If any others or anything else is needed we can request it from the Villages. Active Shooter has to put down the situation immediately rather than to set up perimeters, they are heading towards the shooter(s) while clearing out the area. The cost of this training is between $60,000 to $70,000 annually. 2 December 20, 2006 There seemed to be some confusion about the Village of Mamaroneck’s request to train jointly, whether it is SWAT or Active Response. Lt. Cindrich said he would contact them and if needed copy our instructions for them and he is sure the County is also willing to help them. The Board thanked them for attending and for the information. On motion made and seconded the Board convened into an Executive Session. On motion made and seconded, the Board reconvened into Work Session. Water Rate Increase The Comptroller, Denis Brucciani said the fund balance is $575,838 and there was a discussion on a potential water rate increase. Budget Amendment Mr. Altieri reported that the mortgage tax payment had been much higher than expected so he proposed raising the expected funds in next year’s contingency budget by $50,000 and to add part of it to the Highway Fund. They discussed the estimated revenue to be expected in the future. Councilman Odierna said if this was a mild winter he would like to see the Town move some of the highway budget to road resurfacing. Mr. Altieri said they could always reevaluate. FCD (Forest City Daly) The Board members discussed wording of two covenants to includ in the agreement with FCD. One of the covenants would prohibit residents in the complex from purchasing permits for lot 3. It was decided to keep that in the agreement. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O’Keeffe at 8:40 PM. She then pointed out the location of exits. PRESENTATION Certificates of Appreciation Marilyn Reader, Chairperson – Town Planning Board Thomas Gunther – Chairperson – Town Zoning Board Supervisor O'Keeffe welcomed Marilyn Reader, Member and Chair of the Town Planning Board and Thomas Gunther, Member and Chair of the Town Zoning Board. She commended them for their years of service and their integrity in conducting these Boards. The Town has been very fortunate to have these two wonderful people giving of their time and energy. Supervisor O'Keeffe then presented Mr. Gunther and Ms. Reader with their Awards of Recognition. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O’Keeffe at 8:50 PM and on 3 December 20, 2006 motion of Councilman Winick, seconded by Councilwoman 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 Wittner presented fire claims for authorization of payment, thereafter on Commissioner Wittner’s motion, seconded by Commissioner Winick, 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. lnc.-(Invoice #178008) $ 1,485.80 AAA Emergency Supply Co. Inc.-(Invoice #1 78009) $ 1,485.80 AAA Emergency Supply Co. Inc. $ 1,250.00 AAA Emergency Supply Co. Inc. $ 350.00 AAA Emergency Supply Co. Inc. $ 129.50 AAA Emergency Supply Co. Inc. $ 76.00 AAA Emergency Supply Co. Inc. $ 48.00 Aliya Ansari $ 63.90 Cablevision $ 29.95 Cleaning Systems $ 79.99 Clinton Kearney $ 125.00 Community Fire Equipment $ 100.00 Con Edison-Gas $ 697.87 Corsi Tire $ 232.95 Corsi Tire $ 517.16 Excelsior Garage $ 1,549.00 Excelsior Garage $ 348.00 Gloves Inc. $ 272.43 Harrison Paint Supply $ 39.95 IKON $ 175.30 Inter-State Diagnostic $ 48.50 J.A. Jackson $ 5.78 Joseph Russo $ 750.00 Joseph Russo $ 27.03 Joseph Russo $ 25.00 Matthew Peloso $ 430.46 Matthew Peloso $ 434.56 Nextel $ 259.76 Nick Condro $ 42.26 Northern Tool Equipment/HSBC Business Solutions $ 117.53 NYS Academy of Fire Science $ 39.00 Pitt Stop Auto Parts $ 179.76 Pitt Stop Auto Parts $ 35.00 Poland Springs Water Co. $ 57.10 Proftech $ 352.19 Rice Maintenance Service $ 860.00 Sound Shore Contracting $ 190.00 Sound Shore Pest Control $ 130.00 4 December 20, 2006 Sunset Printing & Adv. Spec. Co. $ 593.10 The Vickery Companies $ 101.66 Town of Mamaroneck P.F.F.A. $ 306.54 Town of Mamaroneck P.F.F.A. $ 204.36 United Water $ 261.72 Vail Chevrolet $ 82.32 Verizon Wireless $ 13.12 Verizon Wireless $ 12.56 Westchester Elevator $ 196.35 Winzer Corporation $ 100.00 Total: $ 14,912.26 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 2. UPDATE – FIRE DISTRICT REFERENDUM In order to proceed with the borrowing of funds in the Fire District for the purchase of a new fire pumper a referendum must be held by the Board of Fire Commissioners. The referendum is held at the Weaver Street Fire Headquarters and the polls are typically opened from 6:00pm to 9:00pm. Polling hours may however be extended by the Board of Fire Commissioners. Balloting is done through paper ballots and the Town Clerk makes all arrangements regarding absentee ballots. The following is a proposed schedule for the bidding of the pumper and the referendum: December 20, 2006 Advertise Fire Pumper for Bid January 3, 2007 Board of Fire Commissioners Appoints Election Inspectors January 17, 2007 Bid Opening for Fire Pumper January 17, 2007 Board of Fire Commissioners adopts bonding resolution and resolution calling for referendum January 22, 2007 Town Clerk Publishes Notice of Referendum February 26, 2007 Referendum is held at Weaver Street Firehouse February 26, 2007 Board of Fire Commissioners Certifies results of election and if approved may consider award of the contract for purchase of Fire Pumper The notice of the election must be published at least 27-34 days prior to the election. We have selected this timeline to allow the Town to know the low bid received for the fire truck before setting the referendum. The bid received for the truck remains valid for forty-five days from the bid opening date. Therefore we have allowed sufficient time to open the bid and hold the referendum. As the time of the election gets closer, we will compose an information piece on the referendum for our website and will issue a notice through our e-mail subscription program. There being no further business to come before the Commission, on motion of Commissioner Winick, seconded by Commissioner Seligson, the Commission unanimously adjourned. 5 December 20, 2006 AFFAIRS OF THE TOWN 1. Adoption – 2007 Town of Mamaroneck Budget Mr. Altieri explained on December 6, 2006 a public hearing was held to present the preliminary budget. At that meeting we reported that based upon the recent slump in the real estate market mortgage tax revenue should be reduced from $1 .4 to $1.1 million. That estimate was based upon the following analysis of mortgage tax revenue June December Total 2005 $1,073,703 $1,152,370 $2,226,073 2006 $ 759,342 $1,211,0001 $2,006,342 The June 2006 payment was $314,000 less than the June payment of 2005. This led to our recommendation that the estimate for 2007 be reduced by $300,000. We therefore estimated that our December 2006 payment would also be substantially lower than in the previous year. Had the December payment been equal to or lower than our June payment the Town would have only met the 2006 mortgage tax estimate of $1.4 million. As you can see however the latest payment was higher than expected. At this point the only explanation may be that a slight reduction in mortgage rates in the late summer of this year coupled with a reduction in housing sale prices created a bubble of sales that increased mortgage transactions. While we still feel that there remains a degree of uncertainty in the real estate market for 2007 there is greater confidence in our share of mortgage tax revenue. Therefore we are recommending changes to the budget. The proposed changes are intended to increase revenue and provide a greater cushion of funding for the Highway Fund which is expected to finish the year with a small deficit. In order to accomplish these changes the following amendments are proposed for the budget. In the General Townwide Fund, mortgage tax revenue estimates would be increased from $1,100,000 to $1,200,000. The increased revenue and the subsequent reduction in the Townwide tax levy results in a $60 decrease in the Townwide tax rate from $9.85 to $9.25 per thousand of assessed valuation. The new rate ends up reducing the Townwide rate by $.15 from 2005. In the Highway Fund, the proposal is to raise the contingency account in the General Repair budget from $80,000 to $130,000, a $50,000 increase. These results in an increase in the Highway Fund tax rate $.70 cents higher than the rate proposed in the 2007 Preliminary Budget. We feel strongly that efforts should be made to establish a reserve fund that at this time is nonexistent. The two changes proposed maintain the 5.3% tax rate increase for unincorporated area taxpayers. For taxpayers in the two villages there is a reduction in taxes. I have attached a revised version of the appropriation and tax rate sheet showing the result of the proposed changes.. Supervisor O'Keeffe stated that some residents would like to see more paving completed, but with the dramatic increase in asphalt costs we are only able to complete fifty percent of the Brook this year. 2007 Town Budget at a Glance 2006 2007 Revenues Tax Levy $16,905,720 $17,736,085 Non-Property Tax Revenues 7,645,450 7,747,000 Applied Reserve Funds 1,714,370 1,893,000 Total $ 26,265,540 $27,476,085 6 December 20, 2006 Expenditures Salaries $10,274,600 $10,511,530 Equipment 329,050 280,500 Contractual Expenses 13,599,190 14,440,085 Debt Service 2,062,700 2,243,970 Total $26,265,540 $27,476,085 The 2007 Budget increases expenditures by $1,210,545 which represents a 4.6% increase. Based upon the revenues and appropriations included in the 2007 budget, property owners in the Town will realize the following change in property taxes. Impact Upon Unincorporated Area Properties 2006 2007 Change Property Tax Rate $227.55 $239.70 $12.15 Town Property Taxes 1 $4,551.00 $4,794.00 $243 Impact Upon Properties in the Villages of Mamaroneck and Larchmont 2006 2007 Change 2 Property Tax Rate$11.65 $11.25 ($.15) Town Property 3 Taxes in Villages$233 $ 225 ($8.00) Supervisor O'Keeffe thanked everyone especially Steve Altieri and Denis Brucciani for their diligent work, adding the Town is facing major expenses specifically the 12 million dollars required to build the Water Filtration Plant. Supervisor O'Keeffe further stated that although some residents would like to see more paving, the cost of asphalt has increased dramatically. Councilwoman Wittner stated the Town Board’s emphasis on a conservative approach to the issue of paving. Councilwoman Seligson stated the Town had done well with this budget, adding the additional tax revenue was beneficial. Supervisor O'Keeffe asked if there were any further questions or comments, there were none. On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the Town Budget as presented by the Budget Officer and as amended for the year 2007. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye 7 December 20, 2006 Odierna - Aye Wittner - Aye O’Keeffe - Aye 2. Discussion – Proposed Water Rate Increase Steve Altieri stated that the Town was proposing two ways to pay for the Filtration Plant. This blended approach consisted of a tax increase and a water rate increase. Supervisor O'Keeffe asked Denis Brucciani to explain why this blended approach was being used. Denis Brucciani explained that a tax levy produced a definitive dollar amount as a source of revenue. There would be less fluctuation in revenue than just utilizing a water rate increase. On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby approve a water rate increase for residents of the unincorporated Town of Mamaroneck for both January 1, 2007 and January 1, 2008 as follows: Consumption Current Water Adopted Water Adopted Water Block Rates Rates January 1, Rates January 1, Per CCF 2007 2008 1 $9.96 $9.96 $9.96 2 $1.93 $2.12 $2.44 3 $1.93 $2.41 $2.77 4 $1.93 $2.90 $2.90 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 3. Authorization – Westchester County Bus Shelter Agreement On motion of Councilwoman Wittner, seconded by Councilman Winick, it was approved, WHEREAS, the County has entered into a License Agreement with a private franchisee to construct and maintain bus passenger shelters at various locations within the County; and WHEREAS, the Cooperating Municipality is desirous of having the County provide bus passenger shelters within the Cooperating Municipality pursuant to said License Agreement for the comfort and benefit of its citizens. NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties agree as follows: 8 December 20, 2006 FIRST: The County is hereby authorized to provide and maintain shelters pursuant to a License Agreement between the County and Clear Channel Outdoor Inc., or its successors at locations within the Cooperating Municipality, all as shown on Attachment “A” attached hereto and made a part hereof. The Cooperating Municipality warrants and guarantees to the County and its Licensee that all sites shown on Attachment “A” have been reviewed by the Cooperating Municipality and that each and every site conforms with traffic and safety standards, with all local, state and federal laws, rules and regulations, and that it is either wholly contained on a public right-of-way or the appropriate easement has been requested and granted, and a private property release is on file with the Westchester County Department of Transportation. The Cooperating Municipality further certifies and guarantees that the sites designated on Attachment “A” are legally designated bus stop locations or that the sites will be so designated prior to installation of new bus passenger shelters. If such designation is the responsibility of a governmental agency other than the Cooperating Municipality, the Cooperating Municipality will use its best efforts to obtain such designation. Attachment “A” shall consist of: 1. A list of all bus shelters built under the County Bus Shelter Program located in the Cooperating Municipality. 2. A list of all necessary permits and the name of the municipal official who should be contacted. As the bus shelters are going to be provided as a municipal service, all permit fees shall be waived. The Cooperating Municipality shall have the opportunity to request additional bus passenger shelters other than those in Attachment A. Requests shall be made to the Westchester County Department of Transportation. The County will provide shelters to cooperating municipalities, as they are available based upon the terms of License Agreement. They will be installed according to site suitability and passenger usage. SECOND: The term of this Agreement shall be for five years (5) commencing on April 1, 2006 and expiring on March 31, 2011, which term coincides with the expiration of the License Agreement with Clear Channel Outdoor Inc. A copy of the License Agreement is on file with the Westchester County Department of Transportation (“WCDOT”) and may be examined by an authorized representative of the Cooperating Municipality upon reasonable notice to the County. This Agreement shall encompass presently existing bus passenger shelters and those constructed pursuant to the License Agreement. THIRD: The design and installation of any bus passenger, shelters to be erected within the Cooperating Municipality shall be similar to, but may vary in details from the design drawings entitled “Bus Stop Shelter Design - Type A & B” and dated August 10, 1977, copies of which are on file with the Cooperating Municipality and the County (hereinafter the “Design Drawings”). In no event, however, shall the size and illumination of the advertising signs vary from those shown in the Design Drawings without prior approval of the Cooperating Municipality. FOURTH: After the County has deducted $75,000 for administrative expenses, the remaining revenue received by the County from the Licensee shall be divided between the County and the Cooperating Municipalities on a 50/50 ratio. The share of the revenue due the Cooperating Municipality will be determined by the ratio of that number of shelters operated by the Licensee and producing revenue in the Cooperating Municipality to the total County-wide number of shelters operated under the License Agreement during one annual payment period. Payment will be made by the County to the Cooperating 9 December 20, 2006 Municipality after April 15th of each year of this Agreement, beginning on or after April 15th, 2002. FIFTH: The Licensee of the County shall be required to hold harmless and defend the Cooperating Municipality and its employees, officers and agents from all claims, suits and actions arising from the construction and maintenance of the shelters. SIXTH: All advertising to be displayed on the bus passenger shelters will be submitted to the County Commissioner of Transportation for approval. The Cooperating Municipality agrees that this approval shall be sufficient approval for the display of such advertising within the Cooperating Municipality. The County agrees that no political or religious advertising shall be allowed. The County further agrees that no advertising for alcohol or tobacco products will be allowed, nor shall the County accept any advertising which does not meet reasonable standards of good taste. SEVENTH: The Licensee of the County shall be required to maintain all shelters in good condition. They shall clean each shelter on a regular basis, and shall be required to repair any damaged shelter. EIGHTH: The Cooperating Municipality shall not enter into bus shelter advertising programs on its own. The Cooperating Municipality shall waive all municipal fees for the bus shelters. NINTH: If during the term of this Agreement any bus passenger shelter is required to be removed or relocated for any reason at the request of the Cooperating Municipality, said removal or relocation shall be done only by the County’s Licensee, at the sole cost and expense of the Cooperating Municipality. TENTH: This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. ELEVENTH: This Agreement shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. TWELFTH: This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. THIRTEENTH: In the event of any conflict between the terms of this Agreement and those of its attachments, the terms of the Agreement shall control. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 10 December 20, 2006 4. Authorization – Workforce Housing Covenant/Parking Covenant It was noted that Joel Sachs, Forest City LLC, Mamaroneck, was here this evening and available for questions. Bill Maker explained that as part of the approval process to Forest City LLC, Mamaroneck (FCD) the requirement would be for a number of affordable housing units. This Covenant would be recorded at the County Clerks office so that any sale of units cannot be changed from workforce/Affordable Housing. The Covenant also has provisions that FCD, must follow for eligibility requirements. The second Covenant pertains to FCD and their building of a parking deck that will result in 38 additional parking spaces. This Covenant states that FCD residents will not be allowed to use Lot 3. This covenant will also be filed with the County Clerk’s Office. Irving Shaw, 33 Richbell Road, stated that this building was originally put forth as a rental property, and is now a condo. He feels that this change would dramatically increase taxes. Mr. Winick replied that it is state law that guides what a developer is allowed to build, and is not in the control of the Municipality. He further commended Mr. Maker on finalizing what was an incredibly complicated document. Declaration of Covenants This declaration made as of January ______________ , 2007 by FCD Mamaroneck, LLC, a New York limited liability company having an office at 1775 Broadway, Suite 701, New York, New York 10019 (“declarant”). Recitals Whereas, the declarant is an affiliate of Forest City Enterprises, Inc.; and Whereas, the declarant is the owner in fee simple of the premises; and Whereas, the premises currently is improved with a building containing commercial uses; and Whereas, the premises is located in the zoning district of the Town known as the Business-Mixed Use Business District; and Whereas, the Business-Mixed Use Business District allows the premises to be developed with both residential and commercial uses upon issuance of a special permit by the Town Board; and Whereas, the declarant applied to the Town Board for a special permit to construct the Mixed-Use Development; and Whereas, under section 240-25G. of the code of the Town of Mamaroneck, one criteria to be used by the Town Board in deciding whether to issue a special permit for a mixed-use development of property located in the 11 December 20, 2006 Business-Mixed Use Business District is “whether the person or entity applying for such permit has offered to construct or fund improvements which would ameliorate parking and traffic control in the Washington Square area of the Town ….”; and Whereas, as part of its application for a special permit, the declarant proposed to construct an open air parking structure not requiring mechanical ventilation or a sprinkler system above Parking Lot #3 which would result in a minimum of one hundred eighteen (118) parking spaces in Parking Lot #3 and a net gain of at least thirty-eight (38) parking spaces for the Washington Square area of the Town; and Whereas, the gain in parking spaces for the Washington Square area of Town would be negated if the residents of the residential units to be constructed as part of the Mixed-Use Development were allowed to park motor vehicles in Parking Lot #3; and Whereas, only persons with permits issued by the Town are allowed to park motor vehicles in Parking Lot #3; and Whereas, on October 18, 2006, the Town Board granted a special permit to the declarant for the Mixed-Use Development subject to numerous conditions, two of which are (a) that the residents of the residential units to be constructed as part of the Mixed-Use Development not be entitled to permits that would allow them to park motor vehicles in Parking Lot #3 and (b) that the declarant place upon the public record a covenant specifying that this proscription on parking will run with the land. Now, therefore, the declarant hereby declares that the premises are subject to the terms and conditions set forth in this declaration. 1. Accuracy of Recitals. The declarant acknowledges that the foregoing recitals are accurate and are a substantial part of this declaration. 2. Definitions. For the purpose of this declaration, the following terms shall be defined as follows: “Mixed-Use Development” means the building to be constructed on the premises by the declarant which will contain commercial uses and one hundred thirty 12 December 20, 2006 nine (139) multi-family residential units as permitted under the B-MUB District. “Parking Lot #3” means the municipal parking lot located in the Town of Mamaroneck along Myrtle Boulevard near its intersection with North Chatsworth Avenue. “premises” means the real property described in Schedule “A”. “Town” means the Town of Mamaroneck or any municipal government which replaces it. “Town Board” means the town board of the Town of Mamaroneck. 3. Parking Restrictions on Residents. So long as only persons having permits issued by the Town are allowed to park motor vehicles in Parking Lot #3, the residents of the residential units in the Mixed-Use Development shall not be entitled to permits that would allow them to park motor vehicles in Parking Lot #3. 4. General Restrictions. (a) This declaration cannot be subordinated to any liens voluntarily or involuntarily imposed on the premises. (b) This declaration cannot be modified, replaced, annulled, changed, cancelled, or rescinded unless the Town Board passes a resolution specifically allowing the declarant to modify, replace, annul, change, cancel, or rescind the declaration and approves the language thereof. An approval by the Town Board shall not become effective until it is recorded in the office of the County Clerk of the County of Westchester. 5. Town’s Right to Enforce. (a) The Town shall have the right to enforce the terms of this declaration and it prevails, shall recover from the declarant and anyone else resisting the Town’s efforts to enforce this declaration all of the costs incurred by it in enforcing the terms of this declaration (including reasonable attorney’s and/or expert’s fees). The Town shall be reimbursed for such costs whether or not litigation is brought by it to enforce the terms of this declaration provided that the actions taken by the Town were reasonably necessary. The Town’s attorney’s fees shall be considered reasonable if they are computed at the customary rate charged by attorneys in the County of Westchester when representing a municipality in litigation. 13 December 20, 2006 6. Additional Instruments. The declarant and the Town shall execute, acknowledge and deliver to each other any and all instruments which may be reasonably required to give full force and effect to this declaration or to record this declaration in the office of the County Clerk of the County of Westchester. 7. Notices. All notices and requests which are required or may be given under this Declaration shall be in writing and shall be deemed to have been made if sent by a reputable overnight courier or by certified mail, return receipt requested, addressed as follows: If to the Town, to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Attn: Town Administrator with a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Attn: Attorney for the Town if to the declarant: FCD Mamaroneck, LLC 1775 Broadway, Suite 701 New York, NY 10019 with copies to: Keane & Beane, P.C. th 445 Hamilton Avenue, 15 floor White Plains, NY 10601 Attn: Joel H. Sachs and Forest City Enterprises Terminal Tower 50 Public Square, Suite 1360 Cleveland, Ohio 44113 Attn: Amanda M. Seewald Assistant General Counsel and Forest City Enterprises Terminal Tower 50 Public Square, Suite 1360 Cleveland, Ohio 44113 Attn: David Levey General Counsel or to such other address that an addressee shall have specified in a notice. If when a notice or request is to be sent to FCD Mamaroneck, LLC, it does not have a fee simple interest in any portion of the premises, that notice or request shall be addressed to the Board of Managers of the condominium that will be 14 December 20, 2006 part of the Mixed-Use Development or the managing agent of the Mixed-Use Development and copies of that notice shall not be sent to Keane & Beane, P.C., Amanda M. Seewald, Assistant to General Counsel or David Levey, General Counsel. 8. No Waiver of Rights. The failure of the Town to insist upon strict performance or to commence an action to enforce this declaration shall not be construed as a waiver of the right to do so should a breach of this declaration occur subsequently. 9. “Run with the Land”. The terms, conditions, provisions, rights and obligations granted, conveyed, created or declared under this declaration shall run with the land and shall be binding upon, inure to the benefit of and be enforceable by and against (1) the declarant and its, his or her grantees, successors, assigns, distributees, devisees, legatees and personal representatives and (2) the Town and its grantees, successors and assigns. 10. Gender. Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in either of the other two genders. 11. Severability. If any court determines that a portion of this declaration is invalid, illegal or unenforceable, the remaining provisions shall remain in effect. 12. Captions. The headings preceding the paragraphs of this declaration are for reference purposes only and shall not affect the meaning and interpretation of this declaration. 13. Complete Agreement. This declaration constitutes the entire understanding between the declarant and the Town regarding the subject matter contained herein. All prior agreements between the declarant and the Town regarding the subject matter of this declaration – whether oral or in writing- are merged into this declaration and do not survive it as this document expresses the entire understanding of the declarant and the Town on the subject matter of this declaration. 15 December 20, 2006 14. Governing Law. This declaration shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. In Witness whereof, the declarant has executed this declaration as of the date set forth in the first line of this document . The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 5. Approval of Certiorari 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: Carlshire Tenants, Inc. 1-3Washington Square Larchmont, NY 10538 Block: 133 Lot: 449 Town of Mamaroneck Year Current Assessment Reduced Assessment 2001 $343,000 $333,000 2002 $343,000 $319,000 2003 $343,000 $318,000 2004 $343,000 $328,000 2005 $343,000 $300,000 2006 $343,000 $300,000 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 6. Salary Authorization - Recreation On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that as provided for in the 2005 Town Budget the Town Board does hereby authorize the payment of salary 16 December 20, 2006 to the following: Hommocks Pool Christine Flanigan, Lifeguard, Hommocks Pool, $8/hour, effective retroactive 12/2/2006. Katelyn Burke, Swim Instructor, Hommocks Pool, $16/hour, effective 12/15/2006. Jamie Valentinetti, Swim Instructor, Hommocks Pool, $16/hour, effective 12/15/2006. Hommocks Park Ice Rink Justin Bresler, Alternate Skate Guard, Hommocks Park Ice Rink, $8/hour, effective 12/15/2006. Michael Saudia, Alternate Skate Guard, Hommocks Park Ice Rink $8/hour, effective 12/15/2006 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye APPROVAL OF MINUTES October 18, 2006 & November 1, 2006 Special Meeting November 20, 2006 OCTOBER 18, 2006 HELD OVER NOVEMBER 1, 2006 On motion of Supervisor O’Keeffe, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of, November 1, 2006 as amended. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye SPECIAL MEETING NOVEMBER 20, 2006 On motion of Supervisor O’Keeffe, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the Special Meeting of November 20, 2006 as amended. 17 December 20, 2006 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye ORAL COMMUNICATIONS George Roniger, Larchmont Garden’s Civic Association, thanked the Highway Department for their wonderful holiday lighting of the Duck Pond. He asked the Town Board to review the water engineer’s recommendations for the Brook area to minimize the erosion. The engineer specifically recommended a channel at the edge of the street. It was further recommended to do this during the repaving project. Steve Altieri said that drainage was part of the plan for the Brook. SUPERVISOR REPORTS Supervisor O'Keeffe announced that Ron Carpaneto and Elizabeth Paul just completed the Cornell Cooperative Extension Tree Teaching program. They are officially now called Tree Stewards. We are very proud of both of them as well as our new Dendrologist, Jimmy Guinee.. WRITTEN COMMUNICATIONS Supervisor O'Keeffe received letters of resignation from Marilyn Reader, Member and Chair of the Planning Board and Tom Gunther, Member and Chair of the Zoning Board. Supervisor O'Keeffe also received a letter from Congresswoman Nita Lowey requesting we submit any projects that might benefit from Federal funding. REPORTS OF THE COUNCIL Councilman Winick attended the newly formed Parking Committee meeting. rd This was the 3 of 6 planned meetings. We are hoping to add 60 new parking spaces by the end of the process, without losing site of green space. On the issue of Cable Television we are currently negotiating with Cablevision and Verizon. This process is moving slowly for reasons regarding the FCC potentially issuing a new ruling. That ruling would effectively pre-empt local franchising. It allows for a 90 day window for negotiating with local municipalities. If no agreement is reached the franchise is automatically imposed. This would impact us terribly in that it eliminates the franchise from making any capital improvements to local television. This ruling would most certainly be legally contested, and is probably not legal. Councilwoman Seligson attended the Planning Board meeting on December 13, th and the Board of Architectural Review on the 14. She also thanked Marilyn Reader and Tom Gunther for their years of service, adding their resignations generated a genuine outpouring of respect and admiration. She thanked all involved for a wonderful holiday party, adding this is a rewarding place to work. Councilman Odierna attended the Recreation Committee meeting December 12. They toured the rink and noted the new sound system as well as new lighting. There are a number of activities, Skating with Santa will take place on December 12, the Snow Flake Contest is still going on. The Martin Luther King Jr. celebration will be at the Emelin Theater on January 10th at 7:30. Ralph Branca will be the quest speaker, the honoree will be Mary Lee Beridge. Councilwoman Wittner stated she attended many of the meetings mentioned by 18 December 20, 2006 her colleagues as well as the Sheldrake Environmental Center Annual Meeting, noting they have three new top notch members to add to an already impressive board, they are Carol Herman, Mark Godick and Eileen Weingarten. She thanked Mary Stanton for her terrific job with the Employee Service Awards. The event was a big hit. The suggestion was made to hold it towards the end of the work day so more people could attend. Supervisor O'Keeffe read the names of the recipients of the Employee Service award. CONGRATULATIONS TO OUR HONOREES: 2006 FOR TEN YEARS OF SERVICE: Pamela Valenza, Real Property Appraiser, Assessors Office David Goessl, Senior Engineer. Highway Department Officer James Maher, Jr., Police Department FOR FIFTEEN YEARS OF SERVICE: Firefighter Edmond Volpe, TMFD Tony Fiera. Parks Foreman, Highway Department Officer Alfred Vize, Police Department FOR TWENTY YEARS OF SERVICE: Susan Russell, Deputy Receiver ofTaxes, Comptroller’s Office Lt. Paul Creazzo, Police Department Patricia DiCioccio, Town Clerk Officer Robert Ashley, Police Department FOR THIRTY YEARS OF SERVICE: Sgt. Paul Degenhardt. Police Department Detective Robert Reynolds. Police Department FOR THIRTY-FIVE YEARS OF SERVICE: Charlie Reilling. Sewer foreman.Highway Department Still must insert Employee Service Awards. ADJOURNMENT The Supervisor announced the next Town Board meeting would be held on January 3, 2007. Then on motion of Councilwoman Wittner, seconded by Councilman Winick the meeting was unanimously adjourned at 10:15 PM. Submitted by _________________________________ Patricia A. DiCioccio, Town Clerk 19