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HomeMy WebLinkAbout2003_02_26 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON FEBRUARY 26, 2003 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilwoman Judith A. Myers Councilman Ernest C. Odierna Councilwoman Nancy Seligson ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:25 PM, who then pointed out the location of exits. PUBLIC HEARING - MORATORIUM ON DEVELOPMENT ON A SECTION OF THE BOSTON POST ROAD The following Public Hearing Notice was placed into the record. PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, February 26, 2003, at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a local law entitled "Establishing a Development Moratorium on the Boston Post Road" law. The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the hearing was declared open. The Town Attorney explained that recently consultants had been hired to review the Boston Post Road corridor for planning purposes. He recommended the moratorium be amended to last until September 4, 2003, which was at the behest of the Planning Board and that an additional change be made to include subdivision plats for sites along the Boston Post Road corridor. Town Planning Board Comments - Moratorium Legislation were entered into the official record: At the Planning Board meeting on February 19, 2003, consideration was given to the proposed local law for establishing a moratorium on a section of the Boston Post Road. Bill Maker and Stephen V. Altieri attended the meeting to make a short presentation and answer questions of the Planning Board. The consensus of the Planning Board was that the moratorium is a good idea and the Town should move forward with the legislation. They did, however, offer two specific comments regarding the legislation. February 26,2003 First, they thought that special permit renewals should be exempt from the moratorium. The Board's thinking is that the renewal of the special permit is based upon the continuation of an existing permitted use. For that reason, it was an unnecessary hardship to delay the special permit renewal. Their second suggestion is in regards to notification to the property owners on the Boston Post Road affected by the proposed moratorium. The Planning Board would prefer that the property owners receive specific notice of the proposed legislation. We stated in response that the Town had followed the normal public hearing notice procedure by publishing the notice in the newspaper. There were no further comments by the Planning Board. COUNTY PLANNING BOARD COMMENTS: Andrew J. Spano County Executive County Planning Board Stephen V. Altieri, Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543-3353 Subject: Referral File No. MMT 03-001 - Moratorium on Development Along Boston Post Road Dear Mr. Altieri: Thank you for notification of the above referenced action. We received a copy of a proposed local law that would establish a six-month moratorium on the approval of any subdivision, site plan of special permit and the granting of any variance for properties that border Boston Post Road between the Town's boundary with the Village of Larchmont and the Town's boundary with the Village of Mamaroneck. Exemptions from the moratorium can be applied for on a case-by-case basis. The local law identifies the purpose of the moratorium as allowing the Town time to initiate a study of current zoning along this section of Boston Post Road to determine if it encourages proper development. The local law notes that a study at this time would be timely as numerous properties have vacancies. The most recent study was conducted in 1987. The County Planning Board has reviewed this matter under the provisions of Section 239 L, M and N of the General Municipal Law and Section 277.61 of the County Administrative Code. We are pleased that the Town has identified this opportunity to revisit the development regulations along this section of one of Westchester's most important corridors. We encourage the Town to consider smart-growth practices in its evaluation of potential development and redevelopment, consistent with the policies and strategies set forth in Patterns for Westchester, the County's long range land use planning policy document. By exploring zoning that would permit sensible, mixed-use development, regulated access and pedestrian and transit needs, the Town will strengthen the Boston Post Road's transportation and development functions. We note that the corridor is designated a "road corridor route" on the Mid-Hudson South Region Bicycle and Pedestrian Master Plan. Moratoria should be enacted with specific intent and purpose and should not extend beyond a reasonable time frame. The proposed moratorium appears to be consistent with these criteria, assuming that the Town's study can be initiated and completed on an expeditious timetable. Thank you for the opportunity to comment on this matter. 2 February 26,2003 Respectfully, WESTCHESTER COUNTY PLANNING BOARD Supervisor O'Keeffe asked if anyone wished to speak either in favor of or against the proposed moratorium. There were no public comments. The Supervisor asked the attorney how we should proceed with the adoption. Mr. Maker said it would be necessary for the Board to declare itself lead agency, then to catalogue it as to type of action before adopting the law by resolution. On motion of Councilman Odierna, seconded by Councilwoman Wittner, the hearing was declared closed. On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, the Town Board declares itself to be lead agency in this matter. BE IT FURTHER RESOLVED, that the Town Board of the Town of Mamaroneck does hereby find this action to be unlisted with no impact; and On motion of Councilman Odierna, seconded by Councilwoman Wittner, the following Local Law was adopted: LOCAL LAW NO. 3 - 2003 This local law shall be known as the "Moratorium on Development along a section of the Boston Post Road" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 - Purpose The Town Board last conducted a study of the Boston Post Road corridor in 1987. Since then considerable development has occurred both in the Town and in the surrounding communities. Furthermore, the current vacancies of properties along the Boston Post Road in the vicinity of Weaver Street raise serious questions as to whether the present zoning encourages the proper development of this sector of the Town. The Town Board believes that it is time to revisit the study of the portion of the Boston Post Road corridor lying between the Villages of Larchmont and Mamaroneck and to enact a moratorium while that study is in progress. Section 2 -Amendment Section 240-83 of the Code of the Town of Mamaroneck hereby is amended by adding a new paragraph C which reads as follows: C. (1) This local law shall apply to all properties which border the Boston Post Road between the Town's boundary with the Village of Larchmont and the Town's boundary with the Village of Mamaroneck. (2) This local law shall be in effect until September 4, 2003. (3) While this local law is in effect, (A) The Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan or special permit for properties described in paragraph C. (1), but may renew special permits provided that the conditions imposed on the renewed special permit are the same as the conditions imposed on the existing special permit. 3 February 26,2003 (B) The Board of Appeals shall not grant any variance or special permit for properties described in paragraph C. (1). (4) The Director of Building Code Enforcement and Land Use Administration shall revoke or rescind any Building Permits or Certificates of Occupancy issued in violation of this local law. (5) Any person, firm or corporation that shall violate any of the provisions of this local law shall be subject to: (A) Such penalties as may otherwise be provided by the laws, rules and regulations of the Town of Mamaroneck for violations; and (B) Injunctive relief in favor of the Town of Mamaroneck to cease such actions which conflict with this local law and, if necessary, to remove any construction which may have taken place in violation of this local law. (6) (A) Should the application of this local law impose an unnecessary hardship upon the owner of a property described in paragraph C. (1), the owner of that property or a person acting with the owner's permission may apply to the Town Board in writing for an exemption from this local law upon submission of proof of such unnecessary hardship. For the purposes of this local law, the mere delay in being permitted to make an application for a building permit, variance, special permit, site plan or subdivision shall not be considered an unnecessary hardship. (B)Within thirty days after the submission of a written application to the Town Clerk for an exemption from this local law, the Town Board shall schedule a Public Hearing on that application and shall publish notice of such hearing at least 10 days prior thereto in the Official Newspaper of the Town. At the Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard. Within thirty days after closing the Public Hearing the Town Board shall render its decision either granting or denying the application for an exemption from this local law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this local law is applied to a particular property, then the Town Board shall exempt that property from this local law to the minimum extent necessary. (C) Any party aggrieved by the determination of the Town Board may challenge its decision pursuant to Article 78 of the Civil Practice Law and Rules within thirty days of the filing of the Town Board's decision in the Office of the Town Clerk. (7) A. All laws, ordinances, rules and regulations of the Town of Mamaroneck are modified and superseded by this local law with respect to their application to the properties designated under this local law for the term of this local law. B. This local law shall modify and supersede, the following provisions of the Town Law of the State of New York: Sections 267-a, 267-b, 274-a, 274-b, 276, 277, 278, 279, 280, 280-a. Section 3 - Severability Should any court of competent jurisdiction declare any provision of this Local Law invalid or unconstitutional, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above local law was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye 4 February 26,2003 Wittner - Aye O'Keeffe - Aye PUBLIC HEARING - AMENDMENT TO THE SENIOR CITIZEN TAX EXEMPTION The following Public Hearing Notice was placed into the record. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, February 26, 2003, at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a local law entitled "Amendment to Income Limits Senior Citizens Tax Exemption." The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. On motion of Councilman Odierna, seconded by Councilwoman Wittner, the hearing was declared open. The Administrator explained this amendment would change or increase the senior citizen tax exemption, which is set by the State of New York on a sliding scale basis. The Supervisor asked if anyone any had comments. There were none. Councilwoman Wittner said this was something the Board does every year. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the hearing was declared closed. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following Local Law was adopted: LOCAL LAW NO. 4 -2003 This local law shall be known as "The 2003 Amendment to the Senior Citizens Tax Exemption" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 - Purpose: The purpose of this local law is to amend Section 195-6 (B), Section 195-6 (C) and Section 195-6 (F) (3) of the Code of the Town of Mamaroneck to conform these sections of the Code, as they relate to real property tax exemptions for persons sixty-five years of age or over, to the recent amendments to Section 470.11 of the Laws of Westchester County made by Local Law No. 19 of 2002 of the County of Westchester. Section 2 -Amendments: 1. Section 195-6 (B) of the Code of the Town of Mamaroneck hereby is repealed in its entirety and the following is substituted in its place: B. In order to be eligible to apply for a partial exemption in the amount of 50% of the assessed valuation, the income of the owner or the combined income of the owners must not exceed $21,500 from all sources as set forth in such Section 467, as amended, for the 12 consecutive months prior to the date that the application is filed. Where title is vested in either the husband or the wife, the combined income 5 February 26,2003 may not exceed such sum. Any such income shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance. 2. Section 195-6 (C) of the Code of the Town of Mamaroneck hereby is repealed in its entirety and the following substituted in its place: C. The owner or all the owners of real property located in the town who are 65 years of age or older and whose income or combined income from all sources for said twelve-month period exceeded the maximum amount set forth in Subsection B of this Section by less than $8,400 shall be eligible to apply for a partial exemption as set forth in the following table: Annual Income Percentage of Assessed Valuation Exempt From Taxation 0 to $21,500.00 50% $21,500.01 to $22,499.99 45% $22,500.00 to $23,499.99 40% $23,500.00 to $24,499.99 35% $24,500.00 to $25,399.99 30% $25,400.00 to $26,299.99 25% $26,300.00 to $27,199.99 20% $27,200.00 to $28,099.99 15% $28,100.00 to $28,999.99 10% $29,000.00 to $29,899.99 5% $29,900.00 and above 0% 3. Section 195-6 (F) (3) of the Code of the Town of Mamaroneck hereby is repealed in its entirety and the following substituted in its place: D. Annual income limitations for county tax purposes: Annual Income Percentage of Assessed Valuation Exempt From Taxation 0 to $21,500.00 50% $21,500.01 to $22,499.99 45% $22,500.00 to $23,499.99 40% $23,500.00 to $24,499.99 35% $24,500.00 to $25,399.99 30% $25,400.00 to $26,299.99 25% $26,300.00 to $27,199.99 20% $27,200.00 to $28,099.99 15% $28,100.00 to $28,999.99 10% $29,000.00 to $29,899.99 5% $29,900.00 and above 0% 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 provision. Section 4 - Effective Date: This Local Law shall become effective immediately upon its filing in the office of the secretary of state of the State of New York. The above resolution was put to a roll call vote: Seligson - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 6 February 26,2003 Odierna - Abstain PUBLIC HEARING -2003 AMENDMENT TO THE PERSONS WITH DISABILITIES AND LIMITED INCOME TAX EXEMPTION The following Public Hearing Notice was placed into the record. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, February 26, 2003, at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a local law entitled "Amendment to Income Limits on Handicapped Tax Exemptions." The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June and August) at 740 W. Boston Post Road, Mamaroneck, New York. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the hearing was declared open. Mr. Altieri said this was for increased tax exemptions for the handicapped, similar to the seniors, with the guidelines being set by the State. The Supervisor asked if anyone would like to comment, there were none. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the hearing was declared closed. On motion of Councilman Odierna, seconded by Councilwoman Wittner, the following Local Law was adopted: LOCAL LAW NO. 5 -2003 This local law shall be known as "The 2003 Amendment to the Persons With Disabilities and Limited Incomes Tax Exemption" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 - Purpose: The purpose of this local law is to amend Section 195-31 of the Code of the Town of Mamaroneck to conform that section of the Code, as it relates to real property tax exemptions for persons with disabilities and limited incomes, to the recent amendments to Section 472.11 of the Laws of Westchester County made by Local Law No. 20 of 2002 of the County of Westchester. Section 2 -Amendments: 1. Section 195-31 of the Code of the Town of Mamaroneck hereby is repealed in its entirety and the following is substituted in its place: Except as provided in §195-31 of this article, (1) where the owner of real property (a) is a person with disability, or(b) are one or more persons both of whom have disabilities, or(c) is a husband, wife or both and one of them is a person with a disability, or(d) are siblings, at least one of whom has a disability and (2) the income of the person with the disability is limited by reason of such disability, that real property shall be exempt from taxation by the Town of Mamaroneck to the extent set forth in the following table, provided an application for such exemption is made in accordance with the provisions of this local law: Annual Income Percentage of Assessed Valuation 7 February 26,2003 Exempt From Taxation 0 to $21,500.00 50% $21,500.01 to $22,499.99 45% $22,500.00 to $23,499.99 40% $23,500.00 to $24,499.99 35% $24,500.00 to $25,399.99 30% $25,400.00 to $26,299.99 25% $26,300.00 to $27,199.99 20% $27,200.00 to $28,099.99 15% $28,100.00 to $28,999.99 10% $29,000.00 to $29,899.99 5% $29,900.00 and above 0% 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 provision. Section 4 - Effective Date: This Local Law shall become effective immediately upon its filing in the office of the Secretary of State of the State of New York. The above local law was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye PUBLIC HEARING -WETLANDS AND WATER COURSES PROTECTION LAW The following Public Hearing Notice was placed into the record. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, February 26, 2003, at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a local law entitled "Wetlands and Watercourses Protection Law of the Town of Mamaroneck." The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the hearing was declared open. Councilwoman Wittner explained this was first started over five years ago. We felt it was extremely important to protect our wetlands. We can do a better job of preserving our land and think this is an excellent law. Mark Godick, Village of Larchmont resident and chair of the Coastal Zone Management Commission thanked the Board for their considering the law. It has taken several years enhancing it. They have held several work sessions attempting to make it more user friendly. 8 February 26,2003 On motion of Councilwoman Myers, seconded by Councilman Odierna, the hearing was declared closed. On motion of Councilman Odierna, seconded by Councilwoman Wittner, the following Local Law was adopted: Local Law No. 6 -2003 This local law shall be known as the "Wetlands and Watercourses Protection Law of the Town of Mamaroneck" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 - Purpose: The purpose of this local law is to eliminate deficiencies in the Town's existing law regulating wetlands and to bring the Town's wetlands law into compliance with the current scientific understanding of the proper regulation of the Town's wetlands. Section 2 - Repeal and Re-enactment: Chapter 114 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in its place: WETLANDS AND WATERCOURSES PROTECTION Chapter 114 TOWN OF MAMARONECK § 114-1. Title; purpose. § 114-2. Definitions. § 114-3. Applicability. § 114-4. Permitted Activities. § 114-5. Regulated Activities. § 114-6. Exempt Activities. § 114-7. Wetland Permits. § 114-8. Violations and Penalties. § 114-9. Completion of Permitted Regulated Activities. [HISTORY: Adopted by the Town Board of the Town of Mamaroneck on Replaces former Ch. 114, Freshwater Wetlands, adopted 6-30-1986 as L.L. No. 7- 1986 (Ch. 88 of 1975 Code). Amendments noted where applicable.] GENERAL REFERENCES Mamaroneck Environmental Quality Review Law -see Ch. 92. Surface Water, Erosion and Sediment Control - See Ch. 95. Flood Damage Prevention - See Ch. 110. Site Plan Review - See Ch. 177. Waterfront Revitalization - See Ch. 234. Zoning - See Ch. 240. § 114-1. Title and purpose. A. Purpose. (1) This local law shall be known as the "Wetlands and Watercourses Protection Law of the Town of Mamaroneck." The Town Board of the Town of Mamaroneck finds and declares it to be public policy of the town to preserve, protect and conserve its tidal and freshwater wetlands, and watercourses; to prevent despoliation and destruction; to regulate their use and development; and to secure the natural benefits of wetlands and watercourses that is consistent with the general welfare and beneficial economic and social development of the town. 9 February 26,2003 (2) It is therefore the policy of the Town of Mamaroneck to ensure maximum protection for wetlands and watercourses by discouraging degradation within them and within their buffers that may adversely affect these natural resources. It is the policy of the Town to encourage restoration of already degraded or destroyed wetlands, watercourses and buffers, and to ensure "no net loss" of wetlands and watercourse areas. B. Enabling Authority. This chapter is enacted pursuant to the Municipal Home Rule Law and any and all applicable laws, rules and regulations of the State of New York. This law establishes a wetlands regulatory system separate from, and in addition to, any applicable requirements under State or Federal law. Nothing contained herein shall be deemed to conflict with any such laws, rules and regulations. C. Findings of Fact. (1) The Town of Mamaroneck lands and waters are entirely tributary to Long Island Sound, a federally recognized estuary of national significance. As such, the protection of wetlands and watercourse areas within the Town, particularly for their water quality and habitat functions, is essential to the long-term health and viability of the Sound. (2) A significant amount of the original complement of freshwater and tidal wetlands and their associated buffers within the Town have been lost or impaired by draining, filling, excavating, building, polluting and other acts inconsistent with the natural uses of such areas. Buffers to existing watercourses have been built upon with a resultant loss of water quality. Four miles of the Sheldrake River, 19 acres of the East Creek estuary, and the 26-acre Sheldrake Lake have been placed on the State Priority Waterbodies List due to stressed or impaired water quality. Remaining wetlands, watercourses and their buffers are in jeopardy of being lost, despoiled or impaired, directly or cumulatively, by such acts contrary to the public safety and welfare. (3) The Town Board of the Town of Mamaroneck has determined that tidal and freshwater wetlands and watercourses are indispensable and fragile natural resources with significant development constraints due to flooding, erosion and soil limitations. Wetlands and watercourses serve a myriad of important ecological functions which serve to benefit the residents of the town. These functions include, but are not limited to, the following: (a) Protecting water resources by providing sources of surface water, recharging groundwater and aquifers, serving as chemical and biological oxidation basins and/or functioning as settling basins for naturally occurring sedimentation; (b) Controlling flooding and stormwater runoff by storing and releasing floodwaters and stormwater runoff; (c) Providing nesting, migratory and wintering habitats for diverse wildlife species, including many on the New York State and federal threatened and endangered species lists; (d) Providing areas of unusually high plant productivity which support wildlife diversity and abundance; (e) Supporting plant communities specifically adapted for survival in low-oxygen environments and/or brackish or salt water; (f) Stabilizing shorelines by protecting against erosion caused by stream currents and the forces of wave actions; (g) Serving as nutrient traps for nitrogen and phosphorus and as filters for surface water pollutants; 10 February 26,2003 (h) Providing breeding and spawning grounds, nursery habitat and food for various species of aquatic life; (i) Providing recreation areas for swimming, fishing, boating, hiking, bird watching, photography and other passive recreational uses; and 0) Providing open space and visual relief from residential and commercial development. D. Legislative Intent. It is the intent of the Town of Mamaroneck that activities in and around wetlands and watercourses or their buffers conform with all applicable building codes and other regulations. Such activities shall not threaten public safety or welfare, or the natural environment, or cause any nuisances. § 114-2. Definitions. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings: APPLICANT -A person or entity who files an application for a permit under this chapter or a person to whom a wetland permit has been given. APPROVING AUTHORITY - The Planning Board or its designee. COASTAL ZONE MANAGEMENT COMMISSION - The duly appointed Coastal Zone Management Commission of the Town of Mamaroneck and the Village of Larchmont. DEPOSIT - To fill, grade, place, disturb, or dump any material. DISCHARGE - The emission of any water, substance, or material into a wetland or wetland buffer whether or not such substance causes pollution. DREDGE - To dig out and remove any material. HYDRIC SOIL - Soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part, and as further defined by the technical publication, Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989), which manual shall be available for inspection in the Town Conservation and Building Departments. HYDROPHYTIC VEGETATION - Macrophytic plant life growing in water, on soils, or substrate that are at least periodically anaerobic as a result of excessive water content, and as further defined by the technical publication, Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989), which manual shall be available for inspection in the Town Conservation and Building Departments. MATERIAL - Substances including, but not limited to, soil, silt, gravel, rock, sand, clay, peat, mud, debris and refuse; any organic or inorganic compound, chemical agent or matter; sewage sludge or effluent, including stormwater runoff; or industrial or municipal solid waste. MITIGATION PLAN - The plan prepared by the applicant pursuant to Section 114-6 when the applicant has demonstrated that either the losses or impacts to the wetland, watercourse, or wetland/watercourse buffer are necessary and unavoidable as defined in Section 114-2 and have been minimized to the maximum extent practicable. PLANNING BOARD - The Planning Board of the Town of Mamaroneck. POLLUTION -Any harmful thermal effect or the contamination or rendering unclean or impure of any wetland or waters by reason of erosion or by any waste or other materials discharged or deposited therein. 11 February 26,2003 STRUCTURE -Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including but not limited to signs, tennis courts and swimming pools. WATERCOURSE -Any natural or artificial, permanent or intermittent, coastal or inland, public or private water body or water segment, such as ponds, lakes, reservoirs, rivers, streams, brooks or waterways, which is contained within, flows through, or borders on the Town of Mamaroneck but shall not include structures as defined by law. WETLANDS - Any area which meets one or more of the following criteria: A. Lands and waters of the State that meet the definition provided in Section 25- 0103.1 of the New York State Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). The approximate boundaries of such lands and waters are indicated on the official tidal wetlands inventory promulgated by the Commissioner pursuant to Section 25-0201 of the Act or such an inventory that has been amended or adjusted pursuant to Section 25-0201.6 of said Act. B. All other areas 2,500 square feet or larger, that comprise hydric soils or are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation, as defined by the technical publication, Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989), which manual shall be available for inspection in the Town Conservation and Building Departments. C. All areas designated as wetlands or watercourses on the Wetlands and Watercourses Map. WETLAND/WATERCOURSE BUFFER - The area surrounding a wetland or watercourse extending one-hundred (100) feet horizontally away from the outermost boundary of a wetland or watercourse and/or point of mean high water of a wetland or watercourse. WETLANDS AND WATERCOURSES MAP - The Town of Mamaroneck Freshwater Wetlands Map, dated December 1986 or the New York State Department of Environmental Conservation Tidal Wetlands Map or such map as has been amended or adjusted and on which are indicated the approximate boundaries of the known wetlands, watercourses and wetland/watercourse buffers as defined pursuant to this chapter. The map shall be available for inspection in the Town Conservation and Building Departments. WETLAND HYDROLOGY - The sum total of wetness characteristics in areas that are inundated or have saturated soils for a sufficient duration to support hydrophytic vegetation. WETLAND/WATERCOURSE PERMIT OR PERMIT - The permit required under this law to conduct regulated activities which permit is in addition to and separate from any other permits required under local, state or federal law. § 114-3. Applicability. A. New and Grandfathered Projects. (1) The provisions of this chapter shall apply to all regulated activities conducted within wetlands, watercourses, and their buffers, except for activities for which Town final approval was obtained or that were physically completed or commenced prior to the effective date of this ordinance ("Grandfathered Projects"). (2) Grandfathered Projects may be continued without a permit subject to the following: 12 February 26,2003 (a) That the activity not be expanded or altered in any way that increases its nonconformity; (b) That if destroyed, damaged or removed by any cause, Grandfathered Projects may be replaced, restored or reestablished without a permit provided that the replaced, restored or reestablished use is no closer to any wetland or watercourse or buffer, will result in no greater land coverage, and will result in no increased activity than before damage or destruction. § 114-4. Permitted Activities. The following activities may be conducted within any wetland, watercourse or wetland/watercourse buffer without a wetlands permit to the extent that they are not prohibited by any other ordinance: (1) Repair of existing structures, including interior renovations, walkways, walls, and docks, where the work does not involve use of any machinery directly within the wetland or watercourse; (2) Normal grounds maintenance, including selective trimming and pruning of vegetation, and removal of dead or diseased vegetation, except through the application or use of herbicides, within the wetland/watercourse buffer only; (3) Operation and maintenance of existing dams, retaining walls, terraces, culverts or other water control structures, and piers or docks as legally existed on the effective date of this chapter and subject to conditions that apply to nonconforming uses; (4) The depositing or removal of the natural products of the wetland by recreational or commercial fishing, and shellfishing, where otherwise legally permitted, and (5) Public health activities of the Westchester County Department of Health or the New York State Department of Health for emergencies only. § 114-5. Regulated Activities. Except as provided in § 114-4 hereof, it shall be unlawful to conduct, directly or indirectly, any of the following activities within any wetland/watercourse or within the wetland/watercourse buffer unless a permit has been obtained pursuant to § 114-6 hereof: (1) Placement or construction of any Structure including dams, docks, water- control devices, groins, bulkheads, berms, floating docks, pilings, bridges, storage tanks, and other stabilization structures; (2 Any form of draining, dredging, excavation or removal of material either directly or indirectly; (3) Any form of dumping, filling, discharging, or depositing of material either directly or indirectly; (4) With the exception of pet containment systems and irrigation systems, the installation of any service lines, cable conduits or utilities which are either greater than three (3) feet wide or four(4) feet deep or twenty (20) feet long; (5) Introduction of any form of pollution, by such means including, but not limited to, the installation of a septic system, running of a sewer or stormwater outfall or discharge of sewage treatment effluent, or other solid or liquid waste into or so as to drain into a wetland or watercourse; (6) Activities altering or modifying natural drainage patterns, natural features or contours of wetlands or watercourses; 13 February 26,2003 (7) Installation of any drainage or water supply pipes or wells; (8) Installation of an impervious surface larger than one hundred (100) square feet; (9) Operation of construction vehicles and equipment and all-terrain vehicles; (10) Installation of dry wells, retention basins, filters, open swales or ponds; and (11) Any other activity that may impair the natural function(s) of a wetland as found in § 114-1 of this chapter. § 114-6. Exempt Activities. A. Municipal Action. The Town of Mamaroneck shall be exempt from the provisions of this chapter. B. Wetland and Watercourse Buffer. A person may conduct Regulated Activities within a wetlands buffer without having to obtain a wetlands permit if the person demonstrates to the satisfaction of the Director of Building Code Enforcement & Land Use Administration that the proposed Regulated Activity cannot be done in an area outside the wetlands buffer. This exemption shall apply only where the area of land within the wetlands buffer that will be disturbed by the Regulated Activity is no greater than 10% of the area of the portion of the wetlands buffer located on the property of the person wishing to conduct such Regulated Activity. § 114-7. Wetland Permits. A. Permit Applications (1) Any person proposing to conduct or cause to be conducted a regulated activity as defined in § 114-5 shall file an application for a permit in duplicate with the Building Department together with a filing fee. All permit applications must include the following information: (a) The name, address and telephone number of the property owner and applicant, if different; (b) The street address and tax map designation of the property; (c) A statement of authority from the owner for any agent making application for a permit; (d) A statement of the proposed work and purpose thereof; (e) A completed environmental assessment form as required by Chapter 92 of the Town of Mamaroneck's Environmental Quality Review Law, and the New York State Environmental Quality Review Act; and (f) A statement that the property owner and applicant will indemnify and hold the Town or its representatives harmless against any damage or injury in connection with the activities for which a permit is being sought. (2) Additional information may be requested by the Approving Authority, including any of the following: (A) Complete plans for the proposed site improvements, which shall be certified by an engineer, architect, land surveyor or landscape architect licensed in the State of New York, drawn to a scale no less detailed than one inch equals twenty (20) feet, and showing the following: 14 February 26,2003 (1) The location of all wetlands/watercourse and wetland/watercourse buffer areas, which shall be determined no earlier that 12 months prior to the date of filing the application. The finite boundaries of a wetlands/watercourse shall be determined by field investigation and as defined under§ 114-2; (2) A description of the vegetative cover of the regulated area including dominant species; (3) A description of the on-site soil types; (4) The location of the construction area or area proposed to be disturbed, and its relation to property lines, roads, buildings and watercourses within 250 feet of the proposed activity; (5) The exact locations, specifications and amount of all proposed draining, fill, grading, dredging and vegetation removal or displacement, and the procedures to be used to do the work; (6) The location of any well(s) and depth(s) thereof, and any disposal system within one-hundred (100) feet of the area(s) to be disturbed; (7) The existing and proposed contours at two (2) foot intervals in the proposed disturbed area and to a distance of 50 feet beyond; and elevations of the site and adjacent lands within 200 feet of the proposed activity. (8) Details of any temporary or permanent drainage system proposed both for the conduct of work, and after completion thereof, including locations at any point discharges, artificial inlets, or other human-made conveyances which would discharge into the wetland or wetland buffer, and measures proposed to control erosion, both during and after work; (9) Where creation of a lake or pond is proposed, details of the construction of any dams, embankments, outlets or other water control devices, and analysis of the wetland hydrologic system, including seasonal water fluctuation, inflow/outflow calculations and subsurface soil, geology and groundwater conditions; (10) Where creation of a detention basin is proposed, with or without excavation, details of the construction of any dams, berms, embankments, outlets or other water control devices, and an analysis of the wetland hydrologic system, including seasonal water fluctuation, inflow/outflow calculations and subsurface soil, geology and groundwater conditions; (11) Details of erosion and sediment control practices, including a diagram showing what and where erosion and sediment control practices will be implemented and a schedule for their installation and maintenance and any other information as specified in Chapter 95, Surface Water, Erosion and Sediment Control; (12) Functional analysis of the wetlands to be affected showing existing wetlands formation and impacts to those functions from the proposed activity; (13) A completed Long-Form Environmental Assessment Form when required by the State Environmental Quality Review Act; and (14) All information relating to a permit application, including, but not limited to, the application itself; additional required materials or information; notices; record of hearings; and written comments. (3) Copies of all applicable county, state or federal permits or permit applications that are required for such work. (4) An application fee, engineering, and inspection fee in amounts set forth in the fee schedule approved by the Town Board. 15 February 26,2003 (5) In the event that an application requires the Town of Mamaroneck to incur additional expenses for technical assistance in the review of the application, the applicant shall pay the expenses incurred by the Town. The applicant shall be notified of the expenses and shall deposit said necessary funds with the Town. B. Procedures for Permits. (1) No regulated activity shall be conducted without an issuance of a written permit from the Approving Authority. Application for a permit shall be made in duplicate to the Approving Authority on forms furnished by the Building Department. (2) An application shall not be deemed complete unless the Approving Authority has fully complied with the procedures of the Mamaroneck Environmental Quality Review Act (Chapter 92) and the State Environmental Quality Review Act (SEAR) (Article 8 of the State Environmental Conservation Law.) (3) All information relating to a permit application, including but not limited to the application itself, additional required materials or information, notices, records of hearings, written comments and findings shall be maintained on file in the office of the Town Building Department. (4) The Approving Authority, its agents or employees, may enter upon any lands or waters for the purpose of undertaking any investigations, inspections, examination, survey or other activity for the purpose of this law. (a) The Building Department shall provide the Applicant with a Notice of Public Hearing which shall be in a form prescribed by the Approving Authority and shall specify that the application, including all documents and maps therewith, is available for public inspection at the Town Building Department and that anyone interested in speaking either in favor or against the application for a permit may write to the Approving Authority or speak at the Public Hearing or have representatives do so on their behalf. (b) The Building Department shall also notify the applicant of the names and addresses of all property owners of record within 100 feet of the boundary of the property on which the proposed regulated activity will be located, as shown in the Town Tax Assessor's office, of the filing of the wetland permit application. The applicant shall be responsible for mailing a copy of the Notice of Public Hearing to all of the property owners so identified by the Building Department no less than 10 days prior to the date scheduled for the Public Hearing on the application. (c) The Building Department shall be responsible for notifying federal, state, and local agencies having jurisdiction over or an interest in the subject matter of the application, and to provide such agencies with an opportunity to comment. C. Public Hearings. The Planning Board shall hold a public hearing on the application at such time it deems appropriate, and shall give the public at least ten days advance notice thereof. It shall publish such notice in the official newspaper of the Town. Insofar as possible, any public hearing on the application shall be integrated with any public hearing required or otherwise held pursuant to any other law including the Town's Environmental Quality Review Law (Chapter 92 and the State Environmental Quality Review Act (Article 8). D. Standards for Permit Decisions. Factors To Be Considered. In making its determination to grant, deny or grant with conditions a permit under this chapter, the Approving Authority shall consider the following: (1) Any reports from other Commissions (Coastal Zone Management Commission), Town, County, State and/or Federal agencies; 16 February 26,2003 (2) All relevant facts and circumstances, including but not limited, to the following: (a) The environmental impact of the proposed action; (b) The alternatives to the proposed action; (b) The impact of the proposed activity on wetland functions and the benefits as set forth in § 114-1 of this Chapter. (3) The availability of preferable alternative locations on the subject parcel; (4) The availability of further technical improvements or safeguards that could feasibly be added to the plan or action; (5) The possibility of further avoiding reduction of the wetland's or watercourse's natural capacity to support desirable biological life, prevent flooding, control sedimentation and/or prevent erosion, facilitate drainage, and provide recreation and open space; and (6) The extent to which the public or private benefit derived from such use may or may not outweigh or justify the possible degradation of the wetland or watercourse, the interference with the exercise of other property rights, and the impairment or endangerment of public health, safety or welfare. E. Required Findings. No permit shall be issued by the Approving Authority pursuant to this chapter unless the Approving Authority shall find that the proposed regulated activity is consistent with the purpose of this law, as set forth under§ 114-1. F. Permit Conditions (1) Any permit issued pursuant to this chapter may be issued with conditions as deemed necessary by the Approving Authority. (2) Every permit issued pursuant to this chapter shall be in written form and shall contain the following conditions: (a) Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the Approving Authority, or their designated representative(s). (b) The permit shall expire on a specified date that is one year from its issuance. (c) The permit holder shall notify the Building Department of the date on which the work is to begin, at least five (5) days in advance of such date. (d) The Approving Authority's permit shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permit. (3) The Approving Authority shall set forth in writing findings and reasons for all conditions attached to any permit. G. Bond. The Approving Authority may require that, prior to commencement of work under any permit issued pursuant to this law, the Applicant shall post a bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit. The bond shall remain in effect until the Approving Authority certifies that the conditions of the permit have been satisfied. 17 February 26,2003 H. Other Laws and Regulations. No permit granted pursuant to this chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other federal, state or local law. I. Mitigation Plan Requirements. (1) The Approving Authority may require the preparation and implementation of a mitigation plan by the applicant when the applicant has demonstrated that either losses or significant impacts to the wetland or wetland buffer are necessary and unavoidable. In determining whether and to what degree such requirement will be imposed, the Approving Authority will consider the following: (a) Whether there is no feasible on-site alternative to the proposed activity, including reduction in density, change in use, revision of road and lot layout and related site planning considerations that could accomplish the applicant's objectives; and (b) Whether there is a feasible alternative to the proposed activity on another site available to the applicant that is not a wetland or wetland buffer area. (2) Adequate mitigation for intrusion into wetlands shall ensure no overall net loss of wetlands in terms of ecological characteristics and function, geographic location and setting and size. To ensure no net loss mitigation measures must provide for replacement wetland at a ratio of at least 2.0 to 1.0. (3) The Approving Authority may require additional information if the plan does not provide sufficient detail to evaluate the effectiveness of the plan. (4) On-site mitigation shall be the preferred approach. Off-site mitigation shall be permitted only in cases where on-site alternatives are not possible; in these instances, emphasis should be placed on mitigation within the same general watershed as the original wetland. (5) The Approving Authority may recommend a fee payable to an established Town "Wetlands Improvement Fund" in lieu of direct action on behalf of the applicant or violator to initiate restoration projects, where it determines that the public interest is better served through such a fee. (6) The Approving Authority shall monitor or shall cause to have monitored projects in accordance with the specifications set forth in the permit to determine whether the elements of the mitigation plan have been met. The Approving Authority may retain qualified professionals to discharge its obligations hereunder at the expense of the applicant. The requirements for monitoring shall be specified in the permit and/or mitigation plan and may include, but not be limited to: (a) the time period for all monitoring activities, which shall be a minimum of three (3) years or more, as the Approving Authority deems necessary; (b) field measurements to verify the size and location of the impacted wetland area and the restored/replacement wetland area; (c) the date of completion of the work or restoration/replacement; and (d) field verification of the structural details, best management practices, mitigation measures, and vegetative, hydrologic and soils criteria specified in the permit and/or mitigation plan. § 114-8. Violations and Penalties. 18 February 26,2003 The Director of Building or its designee shall be the enforcement officer for this chapter. No work or activity subject to review under this chapter shall be commenced or undertaken until a Wetlands permit has been approved by the Planning Board. The Town of Mamaroneck is specifically empowered to seek injunctive relief restraining any violation or threatened violation of any provisions of this chapter and/or compel the restoration of the affected wetland, watercourse or wetland/watercourse buffer to its condition prior to the violation of the provisions of this chapter. A. Civil sanctions. Any person who violates any of the provisions of this chapter including any requirement with regard to a Wetlands Permits shall be liable for a civil penalty of not more than three thousand dollars ($3,000) for every such violation. Each consecutive day of violation will be considered a separate offense. Such civil penalty may be released or compromised by the Approving Authority; B. Injunctive Relief. The Approving Authority shall have power, following a hearing, to direct the violator to restore the affected wetland to its condition prior to the violation. C. Criminal sanctions. Any person, firm or corporation who knowingly, or willfully, violates any of the provisions of this chapter or permits issued thereunder, upon conviction thereof of the first offense, shall be guilty of a violation punishable by a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) and for a second offense and each subsequent offense, shall be guilty of a violation punishable by a fine of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) or a term of imprisonment of not more than fifteen (15) days, or both. In addition to these punishments, any offender may be ordered by the court to restore the affected wetland to its condition prior to the offense. Each consecutive day of violation will be considered a separate offense. D. Stop Work Order. The Building Department may suspend or revoke a permit in the form of a Stop- Work Order if it finds that the Applicant or permittee has not complied with any or all of the terms of such permit, has exceeded the authority granted in the permit, or has failed to undertake the project in the manner set forth in the approved application. (1) If a stop-work order is issued it shall be set forth in writing, a copy of which shall be filed with the Town Building Department, and shall contain the findings and reasons for issuing the stop-work order pursuant to this section. (2) The stop work order shall have the effect of suspending all authorizations and permits granted by the Town or any agency thereof. (3) The stop work order shall remain in effect until the Approving Authority is satisfied that the permittee has complied with all terms of the subject permit or until a final determination is made by the Approving Authority. § 114-9. Completion of Permitted Regulated Activities. A. Within thirty days after completion of all work authorized under a permit issued in accordance with this chapter, the applicant shall notify the Director of Building of such completion. For all work undertaken pursuant to permits approved by the Planning Board, the applicant shall, if required, submit as-built drawings as to the variation from the permit. Within thirty days of such notification and submission, the Building Department shall inspect the work for compliance with all conditions of the permit. 19 February 26,2003 B. When all work authorized under a permit is deemed acceptable, the Director of Building shall issue a certificate of completion. C. When work authorized under a permit is deemed not acceptable, the Director of Building or his designee shall so notify the applicant. The notification of noncompliance shall include a list of all conditions in violation of the terms of the permit and shall specify a time limit for the correction of all items so listed. 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. Section 4 - Effective Date: This Local Law shall become effective immediately upon its filing in the office of the Secretary of State of the State of New York. The above local law was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 9:20 PM. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson 1. Fire Claims: Commissioner Odierna presented fire claims for authorization of payment, thereafter on Commissioner Odierna's motion, seconded by Commissioner Wittner, it was RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claim as approved by the Fire Chief and audited by the Comptroller's Office as amended: VFIS Benefits Division 68,447.40 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 20 February 26,2003 AFFAIRS OF THE TOWN 1. Authorization - Renewal Parking Violations Management Contract On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve renewal of the agreement between the Town of Mamaroneck and Complus Data Innovations to process and collect parking and moving violations summonses at a fee for service equal to 12.5% of fines collected; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization - Service Agreement - Southeast Consortium The Administrator in a communication explained this was the renewal agreement with Southeast Consortium, who provides recreation programs for individuals with developmental disabilities. The Consortium is comprised of nine local governments of which we are one. The terms and conditions of the renewal agreement have not changed for 2003 with the exception of our annual contribution. In 2002, the Town's contribution to the Consortium was $17,800.00 for 2003, the proposed contribution is $18,770.00. The recommendation is to authorize the renewal agreement. On motion of Supervisor O'Keeffe Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the renewal agreement between the Town and Southeast Consortium, Southeast Consortium is to provide recreation programs for disabled individuals with developmental disabilities; and BE IT FURTHER RESOLVED, the Town's annual contribution for 2003 is not to exceed $18,770. NOW BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 21 February 26,2003 3. Authorization - Design And Engineering Services Myrtle Boulevard Project In a communication to the Board, Mr. Altieri requested authorization to enter into an engineering services agreement with PSC Engineering of South Huntington, New York for design and engineering services on the Myrtle Boulevard Improvement Project. He said PSC Engineering was retained by Buckhurst, Fish & Jacquesmart to assist with the Washington Square Traffic and Parking Study, and they provided the design of the median on Myrtle Boulevard as well as the evaluation of the traffic signal at Myrtle Boulevard and North Chatsworth Avenue, which gives them a working knowledge of the proposed project. The proposal would include the design of the raised center median and design of the traffic control signal and will prepare the plans and specifications and any of the documentation necessary required for compliance with the New York State Department of Transportation Grant offered for this project. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the agreement between the Town and PSC Engineering for design and engineering services for the Myrtle Boulevard project; and BE IT FURTHER RESOLVED, that the Town Board does hereby approve the expenditure for tasks 1 through 4 of the above-stated agreement for a lump sum amount of$14,650. NOW BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Authorization -Amendment to Retainer Agreement - Town Attorney On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby execute the retainer agreement between the Town and William Maker, Jr. as Town Attorney at an annual retainer of$60,000 payable biweekly and a rate of$195 per hour for services for any litigation not covered by the aforementioned retainer; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute the retainer agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye 22 February 26,2003 Myers - Aye Wittner - Aye O'Keeffe - Aye 5. REPORT OF BIDS- TA-03-01 PRYER MANOR MARSH DRAIN EXCAVATION Mr. Altieri explained this bid was for the excavating for the drain, there were three bids received. Bid results as follows: ELQ Industries, Inc. Mamaroneck, New York $54,200.00 Realife Land Improvement Patterson, New York $68,150.00 N. Picco & Sons Contracting Mamaroneck, New York $135,000.00 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board hereby authorizes that Contract TA-03-01 for Pryer Manor March Drainage Excavation awarded to ELQ Industries, the lowest responsible bidder, for a total cost of$54,200; and: BE IT FURTHER, RESOLVED, that the Administrator is hereby authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 6. Authorization - Employee Settlement Agreement Mr. Altieri explained this agreement allows for Police Officer, Alexander Gizzo to retire and outlines the details for his separation of employment. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the employee settlement agreement between the Town of Mamaroneck and Alexander Gizzo; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 23 February 26,2003 7. SALARY AUTHORIZATIONS - POLICE DEPARTMENT ASSISTANT COURT CLERK BUILDING/HIGHWAY DEPARTMENTS RECREATION DEPARTMENT POLICE DEPARTMENT On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the payment of salaries to Richard Arzon, in the amount of $43,380.00, and Sean Colin, in the amount of$43,380 for their services as a police officer effective March 13, 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ASSISTANT COURT CLERK On motion of Councilwoman Myers, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby authorize the payment of salary to Karyn Powers, in the amount of$32,315, for her services as assistant court clerk effective March 10, 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye BUILDING/HIGHWAY DEPARTMENTS On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby authorize the payment of salary to Noreen Idoni, in the amount of$42,305, for her services as senior office assistant for the Highway and Building Departments effective January 22, 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye RECREATION DEPARTMENT On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was 24 February 26,2003 RESOLVED, that as provided for in the 2003 Town Budget the Town Board does hereby authorize the payment of salary to the following: Susan Gedan, Alternate Women's Fitness Instructor, $35/session, retroactive to 2/11/03. John Keenan, Manager, Hommocks Pool, $14/hour, effective retroactive to 2/4/03. Jack Nierodizinski, Lifeguard, Hommocks Pool, $10/hour, effective retroactive to 2/13/03. Courtney Steers, Lifeguard, Hommocks Pool, $7/hour, effective retroactive to 2/15/03. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ADDED ITEM 8. RESOLUTION - STORM WATER DISTRICT On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following resolution was adopted: CREATION OF A REGIONAL STORMWATER DISTICT WHEREAS, the Long Island Sound Watershed Inter-Municipal Council (LISWIC) was created in 1999 through inter-municipal agreements approved by each legislative body pledging their support to work together on a regional basis to improve water quality by the management of stormwater runoff, the protection of animal and plant habitats, and the maintenance and improvements to tributaries in the watershed leading to Long Island Sound; and WHEREAS, the twelve municipalities in LISWIC, the Cities of Mount Vernon, New Rochelle and Rye, Town of Mamaroneck, Town/Villages of Harrison and Scarsdale, and Villages of Larchmont, Mamaroneck, Pelham, Pelham Manor, Port Chester and Rye Brook, have worked cooperatively to address stormwater problems; and WHEREAS, LISWIC is aware of the financial commitment required from municipalities when they act separately to properly address the operational, maintenance and capital improvements to control stormwater and believes that a regional body can immeasurably improve stormwater management and, basin-wide planning utilizing a fee based funding source which does not rely on the already burdened municipal real property tax; and WHEREAS, the federal government recently finalized regulations for stormwater management in smaller communities operating Separate Storm Sewer Systems (MS4s) known as the National Pollutant Discharge elimination System (NPDES) Phase fl Rule, which is designed to comply with the requirements of a 1987 amendment to the 1972 Clean 25 February 26,2003 Water Act by protecting streams; rivers and beaches from polluted non-point storm water runoff; and WHEREAS, all operators of small MS4s, of which all LISWIC member municipalities are categorized, must develop a comprehensive Storm Water Pollution Prevention Plan and submit, to the New York State Department of Environmental Conservation (NYSDEC), a "Notice of Intent" (NOI) of such plan by March 10, 2003 with full implementation of the submitted plan achieved by March 2008; NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck does hereby support the efforts of LISWIC to form a Stormwater Utility District to advance the efficiency and effectiveness in managing surface water runoff and the network of streams, brooks and ponds that eventually flow into the Long Island Sound; and BE IT FURTHER, RESOLVED, that such a Stormwater Utility District organized on a regional basis structured for the single purpose of managing surface water runoff and water quality can better plan, monitor, maintain, and construct facilities that will enhance the overall management and control of stormwater with a dedicated funding source that will relieve member municipalities from the burden of taxing its residents and the obligation to individually provide required programs and services; and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby support the efforts of LISWIC to form a Stormwater Utility District to assume responsibility for compliance with the NPDES Phase fl Rule; and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby support the efforts of LISWIC to form a stormwater utility district and, further, supports the drafting of legislation to be submitted to the New York Legislature for consideration. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ORAL COMMUNICATIONS Barry Gasmer, Holly Place, said he had moved into his home two years ago and has received hundreds of tickets for parking in front of his house, which he thinks is ridiculous considering the huge amount of money he pays in taxes to this Town. 26 February 26,2003 The Board members agreed that many people pay high taxes, including themselves but they don't want to see on street parking. Residents like their streets clear overnight unless there are special circumstances, and suggested Mr. Gasmer work out an alternate solution for additional parking on his property. Mr. Gasmer suggested there be a permit issued to residents allowing them only to park on the street, and there are no signs Councilwoman Myers said as liaison to the Traffic Committee, she knows that in order for on street parking to be implemented using permits, a special act of the legislature would be needed. As to the signs, posted signage at entrances to the Town state there is no on-street parking in the Town between the hours of 3:00 AM to 6:00 AM unless otherwise posted. SUPERVISOR REPORTS Supervisor O'Keeffe said she had attended the Conference of Mayors in Albany, where there was discussion of new programs, Senator Bruno was looking into abolition of the Wicks Law, Speaker Silver was in favor of change but not to do away with it totally; there was discussion on the State pension and how we may have to start making payments towards it again, the guess is at a rate of 11 to 15 percent. There was talk about torte reform; and a discussion regarding why the sales tax did not get passed, with many believing it was because of the way it was handled by County Executive Andrew Spano. Councilwoman Myers made a pitch for the Volley Ball Tournament to be held next Sunday at 3:30 PM, open to all High School Players, and would be held at Hommocks, adding not to forget the Family Ice Skating get together. Councilwoman Seligson went to Washington D.C., as part of the Clean Water/Jobs Coalition to help educate our federal representatives about the need for increased funding for Long Island Sound, which she has done for the past fifteen years, it was a wonderful, and unusual coalition. Councilman Odierna said he was in Florida during the last huge snow storm but observed how well everything was in the Town upon his return, the staff did a yeoman job. He reminded residents they should take there garbage to the curb or make sure they clear a path to it for the garbage men when it snows. And said the law states you must clear your sidewalks within 24 hours of the snow stopping, he noticed many were not done. Councilwoman Wittner said the storm water district should be made part of the resolution which was added earlier in the meeting. The Supervisor gave condolences on the passing of Ms. Garcia, a Town Resident who died on February 14th at the age of 107. She moved from Spain to America in 1927, she lived with her son, and was known as the Lady of Spain. ADJOURNMENT The Supervisor said that the next scheduled meetings would be March 5 and March 19, 2003. On motion of Councilwoman Myers, seconded by Councilwoman Wittner the meeting was adjourned at 9:40 PM . Submitted by 27 February 26,2003 Patricia A. DiCioccio, Town Clerk \\C lerkserver\server\Docu ments\M i n utes\2003m i nw\02-26-03x.doc 28