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HomeMy WebLinkAbout2007_01_03 Town Board Minutes (3) MINUTES OF THE ORGANIZATIONAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JANUARY 3, 2007 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 Parking District Councilman Winick reported that the Parking Committee had met and discussed various options in the Washington Square area for setting up a parking district. He added that in researching this he had learned that 15% of spaces cannot be restricted. A discussion followed. Member Item Requests Mr. Altieri said last year the Town had requested from Congresswoman Lowey funds for VFW as well as water access for Kayaking. He then asked the Board members for their requests for this year. Councilwoman Wittner suggested an access area for Kayaking be developed near the Premium Conservation area and to resubmit the community center idea at the VFW. Councilwoman Seligson said that Congresswomen Lowey was in a good position to obtain funding due to the changeover in the house. She noted that she strongly agrees with the water access idea. Supervisor O'Keeffe said a generator at the high school for municipal emergencies would be number one on her list. On motion made and seconded the Board convened into an executive session to discuss land at 6:10 PM. CALL TO ORDER The Organizational Meeting of the Town of Mamaroneck was called to order by Supervisor O'Keeffe at 8:20 PM. She then pointed out the location of exits. STATE OF THE TOWN ADDRESS Town Of Mamaroneck Valerie Moore O'Keeffe State Of The Town Message Town Supervisor January 3, 2007 January 3, 2007 Before beginning our meeting this evening I would like to take the opportunity to present my annual State Of The Town message to the community. At this time of the year it is helpful to look back at all that has been accomplished by the Town government and to also preview with you, the residents, some of our plans for the coming year. Also, I want to mention those initiatives that began in 2006 and will continue this year. For the Town, the end of the calendar year also marks the end of our fiscal year. We have just completed the preparation of the 2007 budget that includes the appropriations necessary to continue the services that the residents continue to insist upon from the Town government. With the budget now complete, I am pleased to report to you that we enter 2007 with the Town's financial condition remaining quite strong. We have included in our budget the funds necessary for planned expenses but we have also planned for the unexpected. To do this, funds are set-aside in reserve to meet unscheduled expenses and emergencies that inevitably occur during the year. Our ample reserves allow us to meet these expenses without seeking additional funding by incurring additional debt. We have established a stable stream of revenues from both property tax and non-property tax sources that enable the Town to enact property tax adjustments within the range of the annual cost of living adjustment. We accomplish this even at a time when costs for energy and employee benefits far exceed the change in the cost of living. Our financial strength and conservative budgeting will be particularly important in 2007 as we join with the Town of Harrison and Village of Mamaroneck to construct a court-ordered water filtration plant. for the town of Mamaroneck this will mean raising funds for what will be the single largest capital project in the Town's history. This project has been the subject of much discussion by the Town Board over the past year. Our intentions were to develop a sound plan for raising the funds needed for the project and we believe we have accomplished that mission. During the last phase of our budget process in 2006 the Town unveiled a plan to use a blend of both tax revenue and water rate charges to finance construction of the plant. The plan will insure a stable source of revenues throughout the term of the new debt for the project. A stable revenue stream will avoid wide fluctuations in property tax rate adjustments and water use charges. The water filtration plant project is scheduled for completion some time in 2009. Another important matter on our agenda in 2006 was the residential development of the properties on Madison Avenue. In 2006 the Town Board granted final approval to Forest City Residential to construct 139 condominium units on Madison Avenue. Five years ago when this project was first proposed to the Town, we knew how critical it would be to assure the residents that a careful analysis would be applied to the project to make certain that the development was right for the Town, that the project would have limited impacts upon the town, and lastly that the development would provide benefits to the Town. We have accomplished all of these objectives. Careful planning of both the aesthetic and physical design has resulted in a development that is well suited to the residential character of the Washington Square neighborhood. In terms of benefit to the Town, there will be added property tax revenues. but, equally important, the Forest City development will provide noticeable benefits to the Town as well. First, the new residential development will include sorely needed workforce housing for the community. In addition, the construction of a new parking structure on Myrtle Boulevard will help the Town address the long standing parking issues in Washington Square. In connection with the Forest City development, the Town in 2006 initiated a parking study for Washington Square that builds upon an earlier study done in 2000. Working with a committee of residents from the neighborhood we are exploring new ways of providing more parking spaces with both physical improvements and better parking management techniques. Our plan is to complete the analysis in the early part of 2007 to coincide with the construction of the new parking structure. In terms of the Town's legislative agenda in 2006, we continue to look at meaningful legislation to improve the quality of life and maintain our suburban character. Enforcing our quality of life laws regarding such things as noise and sanitation has been a priority for the Town. Looking to improve upon the enforcement of these laws, the Town adopted legislation in 2006 2 January 3, 2007 allowing for the appointment of constables. Under the laws of New York State, constables will have greater authority to enforce our quality of life codes and work with residents on code compliance. Our quality of life is also defined by the physical setting in which we live each day. One of our longer-term projects has been to evaluate the use of illuminated signs in our commercial districts. To do that we have inventoried all of the illuminated signs in the Town and will, in 2007, look to draft legislation aimed at further controlling the use of these types of signs. Thanks go to one of our residents, Don Meeker, who has been of great assistance in this project. Measuring quality of life also includes one of our most important functions; the protection of life and property. Therefore, it is important that we continually evaluate our emergency preparedness plans. This past year the town experienced several severe weather emergencies including a major snowstorm in February, torrential rains in July that caused significant flooding, and Tropical Storm Ernesto on Labor Day weekend. Each of these events tested our coordinated response plan and the skills of our emergency service agencies. Although some of our residents did unfortunately experience some property damage, the community as a whole rebounded quickly from these events. As part of our continuing effort to improve emergency preparedness, the Town in 2006 conducted a survey of residents regarding their own plans for responding to emergencies and what services of the Town would residents most need in time of emergency. We are at this time tabulating the results of the survey and will use the information in 2007 to refine our own emergency response plans. One of the components of our emergency plans that will receive particular focus this year is resident notification. The Town Board has included in the 2007 budget funding for an emergency notification system for our residents. Several different alternatives are under review and we intend to select a system this coming year. We are always looking at new ways to reach out to our residents with news about the Town and in 2006 we initiated our first e-mail notification system. To date close to 200 residents have signed up to receive special notices and agendas of our Town Board, Planning Board and Zoning Board meetings. If you have not yet signed up for this service, please go to our website www.townofmamaroneck.org and sign up. Without question, one of the most exciting events of the past year and one of our most important accomplishments was hosting the 2006 US Golf Open at Winged Foot Golf Club. As the premier golf event in the United States, the tournament attracted as many as 50,000 people per day. The task of moving that many people in and out of the Town for seven days with limited impact on the community was daunting. Our Town police, fire, highway, and ambulance services did a remarkable job planning for the event and protecting not only the community but also those attending the tournament. Special thanks also go to the officials of the USGA, Winged Foot Golf Club, Westchester County and New York State for their efforts in making the tournament a special event for the Town and also their understanding for the needs of our residents. One of the very special qualities of the Town government is its relationship with its neighbors, particularly the Villages of Mamaroneck and Larchmont. Although the relationship has flourished for many years, 2006 presented further evidence of our mutual desire to work together for the benefit of our residents. In 2006 the Town joined the villages and a local resident group on the question of improving the availability of playing fields in our community. In 2007 work will continue to evaluate the feasibility of improving field availability in all three communities. In 2006 the Town and the two villages also provided support to a resident organization that is following the federal aviation administration's review of the use of the airspace for landings and takeoffs at Laguardia and Kennedy Airports. Those efforts are intended to reduce noise pollution in the Town. This effort will also continue into 2007. 3 January 3, 2007 Inter-municipal activities over the past year have not been limited to the Town and the two villages. The Mamaroneck School District has also been an active participant in our joint efforts. With the school district's assistance plans are underway to further improve the Joint Emergency Evacuation Center at Mamaroneck High School. All four agencies have determined that the high school is an ideal location for an evacuation center should an evacuation be necessary. Therefore, we continue to work together on plans for the facility. This past year the Town and the Village of Larchmont began to consider ways of improving our services at the Senior Citizens Center in Larchmont village. Both our Recreation Department and Community Services office will now work jointly on planning new programming to serve the needs of this segment of our population. We often tend to reserve our recreational planning for the younger segments of our population but with this new approach to programming for our senior center we hope to place greater emphasis on adult recreational programs. Inevitably, more and more of our services are dependent upon technology. In 2006 the Town began the process of updating all of its tax assessment maps into digital form, which is the first step in the development of our Geographic Information System. With the help of two grants from New York State we, along with the two villages, are developing a system that will allow us to better track our activities in virtually every department. The GIS System will also allow us to gather better information regarding our infrastructure and natural resources. Construction of the GIS System will continue into 2007 and should be completed in 2008. Also, in connection with technology we will, in 2007, be evaluating our current telecommunication system. Our current system is over ten years old and is in need of upgrading. In 2007, the Town and Village of Larchmont, through our Joint Sanitation Commission will conduct a sanitation collection route study aimed at improving the efficiency of garbage collection in the Town and Village. 2007 will indeed be a busy year for the Town government. There will be many challenges but the result will be better service to our residents. In conclusion, I want to thank my colleagues on the Town Board for their efforts. All that we accomplish is the result of an exhausting number of meetings regarding the issues facing the Town of Mamaroneck. Also, many thanks to the staff, whose professional attitude toward the delivery of town services, make them critical to the Town's success. To all of the residents of the community I wish you and your families a prosperous new year in 2007. Thank you very much. Supervisor O'Keeffe introduced State Assemblyman George Latimer. He was asked to address the Town Board regarding the possibility of establishing a Parking District in the Washington Square area. Assemblyman Latimer said the establishment of a Parking District is not unprecedented. Home rule legislation allows local governments to ask for authorization; this is intrinsically under their Charter. He stated his role is to serve as a conduit, to help draft a law which could then be approved by the Town Attorney. "It will be introduced by myself and Senator Oppenheimer in our respective houses. You will see the bill before it goes into the legislature for your final approval. You will then be asked for a formal resolution." Supervisor O'Keeffe thanked Assemblyman Latimer for taking his time to speak with us this evening. APPOINTMENTS The Board decided to make all the appointments at once since they were all renewals: BOARD OF ARCHITECTURAL REVIEW On motion of Councilman Odierna, seconded by Councilman Winick, it was 4 January 3, 2007 RESOLVED, that Edward Jacobson is appointed to the position of Member B of the Board of Architectural Review; and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2009 ; and BE IT FURTHER RESOLVED, that Edward Jacobson shall serve as the Chairperson of the Board of Architectural Review for the year 2007. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye BOARD OF ASSESSMENT REVIEW On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, it was RESOLVED, that Jeanne Kiernan is appointed to the position of Alternate Member of the Board of Assessment; and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on September 30, 2011 ; and The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye BOARD OF ETHICS On motion of Supervisor O'Keeffe, seconded by Councilman Odierna, it was RESOLVED, that Robert Degen is appointed to the position of Member A of the Board of Ethics; and BE IT FURTHER RESOLVED, that Edwin Kaufman is appointed to the position of Member B of the Board of Ethics; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2009 ; and 5 January 3, 2007 BE IT FURTHER RESOLVED, that Martin Ronan shall serve as the Chairperson of the Board of Ethics for the year 2007 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye CIVIL OFFICERS On motion of Councilwoman Seligson, seconded by councilwoman Wittner, it was RESOLVED, that Jay Reynolds is hereby reappointed as Civil Officer in the Town of Mamaroneck to serve a term of office of one year, effective January 1, 2007 and terminating on December 31, 2007; and BE IT FURTHER RESOLVED, that Joseph Mitchell is hereby reappointed as Civil Officer in the Town of Mamaroneck to serve a term of office of one year, effective January 1, 2007 and terminating on December 31, 2007; and BE IT FURTHER RESOLVED, that Frank Maresca is hereby reappointed as Civil Officer in the Town of Mamaroneck to serve a term of office of one year, effective January 1, 2007 and terminating on December 31, 2007. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye HISTORIC RECORDS COMMITTEE On motion of Councilwoman Seligson, seconded by councilman Odierna, it was RESOLVED, that Frederick Baron is appointed to the position of Citizen Member A of the Historic Records Committee; and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2009. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 6 January 3, 2007 HOUSING AUTHORITY On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, it was RESOLVED, that Susan Sidel is appointed to the position of Member D of the Town of Mamaroneck Housing Authority; and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2011. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye PLANNING BOARD On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was approved WHEREAS, Marilyn Reader has resigned as member F of the Town of Mamaroneck Planning Board, NOW THEREFORE, BE IT RESOLVED, that George Roniger is appointed to the vacancy to the position of member F of the Town of Mamaroneck Planning Board; and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2011; and BE IT FURTHER RESOLVED, that Marc Rosenbaum, shall serve as the Chairperson of the Planning Board for the year 2007. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 7 January 3, 2007 TRAFFIC COMMITTEE On motion of Councilman Odierna, seconded by Councilman Winick, the following was approved, WHEREAS, Ronald Meister has resigned as member E of the Town of Mamaroneck Traffic Committee, NOW THEREFORE, BE IT RESOLVED, that Mike Harrington be appointed to the vacancy in the position of member E of the Town of Mamaroneck Traffic Committee, term expiring 12/2008, and BE IT FURTHER RESOLVED, that Nancy Angiulo is appointed to the position of Member A of the Traffic Committee; and BE IT FURTHER RESOLVED, that Donald Sutherland is appointed to the position of Member B of the Traffic Committee; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2009; and BE IT FURTHER RESOLVED, that David Lobl, shall serve as the Chairperson of the Traffic Committee for the year 2007. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye ZONING BOARD OF APPEALS On motion of Councilman Odierna, seconded by Councilman Winick, the following was approved; WHEREAS, Tom Gunther has resigned as member A of the Town of Mamaroneck Zoning Board of Appeals; NOW THEREFORE, BE IT RESOLVED, that Ronald Meister is appointed to the vacancy of member A of the Town of Mamaroneck Zoning Board of Appeals; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2008; and BE IT FURTHER 8 January 3, 2007 RESOLVED, that Arthur Wexler, shall serve as the Chairperson of the Traffic Committee for the year 2007 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye BUDGET OFFICER RESOLVED, that pursuant to the Supervisor's recommendation Stephen V. Altieri Town Administrator is appointed as Budget Officer, effective January 1, 2007 terminating December 31, 2007. DEPUTY TOWN SUPERVISOR RESOLVED, that pursuant to the Supervisor's recommendation Phyllis Wittner be appointed as Deputy Town Supervisor, effective January 1, 2007 terminating December 31, 2007. TOWN BOARD MEETINGS: On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the regular meetings of the Town Board be held in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck at 8:15 PM on the first and third Wednesdays of each month except for the February meeting being held on Monday, February 26th and only one meeting will be held in July and in August, July meeting is set for July 11th, August meeting to be determined, and BE IT FURTHER, RESOLVED, that said meetings, dates and places may be changed at the pleasure of the Board upon adequate notice being given. The above resolutions were put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye OFFICIAL NEWSPAPERS: On motion of Councilwoman Seligson, seconded by Supervisor O'Keeffe, it was RESOLVED, that The Journal News, The Soundview News, Sound and Town Report and The County Press be, and they hereby are, designated as the official newspapers of the Town of Mamaroneck for the purpose of publishing legal notices during 2007. 9 January 3, 2007 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye DEPOSITORIES OF FUNDS: On motion of Councilwoman Seligson, seconded by Supervisor O'Keeffe, it was RESOLVED, that the following banks and trust companies are hereby designated as depositories for funds of the Town of Mamaroneck for the year 2007 to be continued in their present status: MBIA CLASS Investments, Armonk The Bank of New York County Trust Region, Mamaroneck JP Morgan Chase Bank of America, Larchmont Wachovia Bank NA, Larchmont North Fork Bank, Larchmont The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye BANK SIGNATURES: On motion of Councilman Winick, seconded by Supervisor O'Keeffe, it was RESOLVED, that all authority heretofore granted to withdraw funds from and to draw checks, drafts and other orders upon the Town of Mamaroneck accounts maintained at the aforesaid banks hereby is rescinded and revoked and hereafter such withdrawals, checks, drafts and other orders shall be authorized when signed by signature or facsimile signature of the Town Supervisor or Deputy Supervisor and Comptroller or Deputy Comptroller and Deputy Receiver of Taxes; and BE IT FURTHER RESOLVED, that all withdrawals, checks, drafts and other orders relative to the Community Services Discretionary Fund located at the Bank of New York shall be authorized when signed by the signatures of Anna Danoy, Director of Community Services, and Stephen V. Altieri, Town Administrator. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 10 January 3, 2007 BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Seligson, seconded by Commissioner Wittner, the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: Paul A. Winick 1. Fire Claims Commissioner Odierna presented fire claims for authorization of payment. Thereafter on motion of Commissioner Odierna, seconded by Commissioner Seligson, it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office as amended: 911 Wear Inc. $ 514.94 911 Wear Inc. 507.96 911 Wear Inc. 149.00 911 Wear Inc. 136.99 AAA Emergency Supply Co. Inc. 291.00 AAA Emergency Supply Co. Inc. 180.20 AAA Emergency Supply Co. Inc. 109.00 A&JAuto Parts Inc. 180.20 Atlantic-Westchester 470.42 Cablevision 26.34 Cleaning Systems 107.55 D'Agostino Clothiers & Tailors 102.00 Fire Academy FSA 337.13 Noco Energy Corp. 166.48 Poland Springs Water Co. 51.52 Rye Ford-Subaru 22.50 Smith-El 475.95 Technical Electronics Inc. 91.00 Westchester Joint Water Works 63.68 Total: $3,983.86 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 2. Appointment— Election Inspectors — Fire District Referendum Patricia DiCioccio explained there will be a Special Fire District Election on February 26, 2007. The purpose of this election is the purchase of a new fire truck. Election Inspection personnel need to be appointed. These inspectors will take an Oath of Office and will be at the Weaver Street Fire House from 6:00 to 9:00 PM on Election Night. 11 January 3, 2007 Patricia DiCioccio reminded the audience that voting was for residents of the unincorporated area of the Town of Mamaroneck only. On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, the following was approved WHEREAS, the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, has called a special election of the qualified voters of said Fire District to be held on the 26th day of February, 2007; and WHEREAS, it is now desired to provide for the appointment of a permanent chairman, inspectors of election and assistant clerks for said special election; NOW THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, as follows: Section I. Carol Hoffman, a duly qualified voter of said Fire District is hereby appointed as the permanent chairman of the special election referred to in the preambles hereof. Section 2. The following named qualified voters of said Fire District are hereby appointed to act as inspectors of election of said special election, so that there shall be at least two inspectors for each ballot box to be used thereat: Carol Hoffman Harold Moss Sheldon Hoffman Harry Rogers Section 3.Sheldon Hoffman is hereby designated as chief election inspector. Section 4.The following named qualified voters of said Fire District are hereby appointed as assistant clerks of said special election. Section 5. Each inspector of election and assistant clerk appointed for said special election, as herein provided, shall be entitled to compensation at the rate of$55.00 for each day actually and necessarily spent on the duties of his office. The Clerk of said Fire District is hereby authorized and directed to give written notice of appointment to the persons herein respectively appointed as permanent chairman, inspectors of election and assistant clerks for said special election. Section 6.This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Winick VOTING Aye Councilwoman Seligson VOTING Aye Councilman Odierna VOTING Aye Councilwoman Wittner VOTING Aye Supervisor O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. Commissioner Wittner said the next County firefighter class would be run at our firehouse. 12 January 3, 2007 There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Odierna, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Authorization — Contract of Sale of Land — FCD Mamaroneck LLC Mr. Maker explained the Town is selling a parcel of land on Byron Place in exchange for a parking deck on Myrtle Boulevard which will add 38 spaces to lot three. The parcel of land on Byron Place will be used for visitor parking at the proposed apartment house. He said the Town Administrator is to be authorized to execute the contract of sale. Mr. Sullivan, Attorney for FCD Mamaroneck, said this follows the covenants passed at a prior meeting, adding this is the last piece needed to be passed. Mr. Maker agreed, saying there are certain criteria still to be done, but essentially yes this is the last piece. On motion of Councilman Odierna, seconded by Councilwoman Seligson, the following was approved: WHEREAS, on October 18, 2006, the Town Board resolved to issue a special permit to FCD Mamaroneck, LLC ("FCD") for the construction of a Mixed-Use development to be comprised of 139 residential condominium units, commercial uses and on-site parking on the land currently owned by FCD and bordered by Madison Avenue, Byron Place and Maxwell Avenue; and WHEREAS, one of the provisions of the special permit is that the Town sell to FCD the real property consisting of approximately 5,550 square feet that is located on Byron Place in the Town of Mamaroneck and is designated on the town's tax assessment map as Block 132, Lot 300.2 in exchange for FCD, at its sole cost and expense, (i) constructing a parking deck above Parking Lot #3 and doing other improvements to Parking Lot#3 which will result in an increase of 38 parking spaces in Parking Lot#3 and (ii) FCD constructing an open air parking lot on Block 132, Lot 300.2 which will be used as parking for visitors to the building that will house the residential condominium units; and WHEREAS, a contract for sale of Block 132, Lot 300.2 by the Town to FCD ("Contract") has been presented and reviewed by the Town Board; NOW THEREFORE, BE IT RESOLVED, that the Town sell the real property known on the tax assessment map of the Town of Mamaroneck as Block 132, Lot 300.2 to FCD in exchange for FCD, at its sole cost and expense, (i) constructing a parking deck above Parking Lot#3 and doing other improvements to Parking Lot#3 which will result in an increase of 38 parking spaces in Parking Lot#3 and (ii) constructing an open air parking lot on Block 132, Lot 300.2 which will be used as parking for visitors to the building that will house the residential condominium units; and BE IT FURTHER RESOLVED, that the Town Board approves the form and content of the Contract (a copy of which is attached to this resolution) and authorizes and directs the Town Administrator to execute the Contract in the name of the Town; and BE IT FURTHER 13 January 3, 2007 RESOLVED, that if FCD complies with its obligation under the Contract, the officers of the Town are authorized to take such actions and to execute such documents in the name of the Town as are necessary to consummate the sale; and BE IT FURTHER RESOLVED, that pursuant to section 64 (2) of the NY Town Law, the adoption of this resolution is subject to a permissive referendum; and BE IT FURTHER RESOLVED that within ten days after the adoption of this resolution, the Town Clerk is directed to post and publish a notice (a) setting forth the date on which this resolution was adopted and (b) containing an abstract of this resolution which concisely states the purpose and effect thereof. The notice shall be posted and published in the same manner as a notice of a special election is posted and published and shall specify that this resolution was adopted subject to a permissive referendum. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 2. Consideration — Stipulation of Settlement Civil Service Employees Association Mr. Altieri said the proposed increases are 3.5% for 2006, 3.65% for 2007, and 4.00% for 2008. Councilman Winick said this appears to be a good outcome in the negotiations and the increases are in line. On motion of Councilman Winick, seconded by Councilwoman Wittner, the following was approved, WHEREAS, a Stipulation of Agreement was made and entered into the 14th day of December 2006 by and between the negotiating committees for the Town of Mamaroneck and the Civil Service Employees Association (CSEA) Local 1000 AFSCME AFL — CIO, Town of Mamaroneck Unit, Westchester County Local 860, and WHEREAS, the parties have engaged in negotiations in good faith and in an effort to arrive at a successor agreement to a contract that expired December 31, 2005, and WHEREAS, the parties have arrived at a tentative agreement; NOW THEREFORE, BE IT RESOLVED, that in consideration of the mutual covenants contained herein, the parties hereby stipulate and agree as follows: I. The provisions of the stipulation are subject to ratification by the respective parties to the contract. II. The respective negotiating committees agree to recommend this stipulation for ratification. III. All proposals not covered herein made by either party during the course of negotiations shall be deemed withdrawn. IV. The provisions of the prior agreement shall be carried forward except as modified in this stipulation. 14 January 3, 2007 V. Unless otherwise noted, all dates involving the duration of the agreement shall be confirmed to the duration of the negotiated agreement. Article 12 Vacations Section 1 Add clarification: During the first year of employment, an employee shall not receive paid vacation time. On the first anniversary of his/her hire date he/she will receive ten (10) working days of paid vacation leave for use during the second year of employment. On the January 1 following his/her first anniversary, the employee will receive ten (10) days of vacation and will subsequently receive ten working days of vacation on each succeeding January 1 until he/she completes five years of service. Article 14— Longevity Pay Section 1. Effective 1/1/08 employees with seven (7) years of service but less than eleven (11) completed years of service as of their anniversary date of employment in any year will receive a payment of six hundred and seventy-five dollars ($675) in that calendar year and thereafter until they complete eleven (11) years of employment. Section 2. Effective 1/1/08 employees with eleven (11) years of service but less than fifteen (15) completed years of service as of their anniversary date of employment in any year will receive a payment of eight hundred dollars ($800) in that calendar year and thereafter until they complete fifteen (15) years of employment. Section 3. Effective 1/1/08 employees with fifteen (15) years of service but less than nineteen (19) completed years of service as of their anniversary date of employment in any year will receive a payment of nine hundred twenty five ($925) dollars in that calendar year and thereafter until they completed nineteen (19) years of employment. Section 4. Effective 1/1/08 employees with nineteen (19) years of service or more as of their anniversary date of employment in any year will receive a payment of one thousand and fifty dollars ($1,050) in that calendar year and thereafter in each calendar year. Section 5. Effective 1/1/08 employees with twenty-five (25) years of service or more as of their anniversary date of employment in any year will receive a payment of one thousand one hundred and seventy five ($1,175) dollars in that calendar year and thereafter in each calendar year. Article 17— Insurance and Pensions Section 3, Health Insurance Add (e): Effective 1/1/07, all employees hired after this date shall be required to pay, on a payroll deduction basis, twenty three hundred dollars ($2,300) toward the annual cost of family health insurance premiums or eleven hundred dollars ($1,100) toward the annual cost of individual health insurance. Commencing with the employee's sixteenth (16th) year of employment, the Town will pay the full cost of health insurance. Employees hired after 7/1/97, but before 1/1/07, will pay, on a payroll deduction basis, twelve hundred dollars ($1,200) toward the annual cost of family health insurance premiums and seven hundred ($700) towards the annual cost of individual health insurance premiums. The employee shall contribute to health insurance premiums for the first fifteen (15) years of employment. 15 January 3, 2007 Commencing with the employee's sixteenth (16th) year of employment, the Town will pay the full cost of health insurance. Section 5, Dental Insurance Add: Employees may elect dental insurance coverage in retirement at their own expense through the Town's insurance carrier. It shall be the responsibility of the retiree to enroll in and maintain this benefit directly with the Town's insurance carrier. The Town will not be responsible for any fees or charges incurred nor will the Town be responsible for providing this benefit should it be discontinued by the current carrier or not be offered by any subsequent carrier. Add: Death Benefit (new Section 8): Should a Town employee lose his or her life as the direct result of an injury or illness sustained in the course of performing his or her duties, the Town will, at its expense, continue to provide dependent health insurance coverage for a maximum of eighteen (18) months if no other dependent health care coverage is available. Dependents are defined as those beneficiaries designated in the employee's New York State Retirement System beneficiary form. The employee's beneficiaries will also be entitled to a payment of any accumulated vacation time at his or her rate of pay at the time of death up to a maximum of one year's entitlement; and to any sick time accumulated over 75 days to be paid at the rate of$75 per day. Section 18, Clothing Allowances Add 2 (c): The Town Engineer and the Assistant Building Inspector shall be entitled to a clothing allowance of 50% of the $550 clothing allowance currently paid to highway department employees. Article 22 Salary and Wage Administration Add: Section 4 A: a) Effective 1/1/06 the salary schedule shall be increased by 3.50%. b) Effective 1/1/07 the salary schedule shall be increased by 3.65% Effective 3/1/07 Highway Department employees in Class A, B, C and D shall receive an increment of$700 which will be added to their base pay. Effective 3/1/07 all CSEA members, except the employees in the Highway Department specified above, shall receive a one-time payment of$300 which will not be added to their base pay. C) Effective 1/1/08 the salary schedule shall be increased by 4.00% Article 23 General Provisions Section 1, Probation: Add new 1(b): The probationary period after promotion to a new title shall be twenty-six (26) weeks. [Current 1 (b) becomes 1 (c)] Section 8, Tuition Reimbursement: Replace with: An employee matriculating in a bachelor's degree program at an accredited college or university is eligible for tuition reimbursement by the Town upon prior written approval by the Town Administrator or his designee. $225 per credit hour will be reimbursed for courses that are job related, and $150 per credit hour will be reimbursed for courses that are non job related. The 16 January 3, 2007 Town will reimburse a maximum of twelve (12) credit hours per calendar year. Article 25 Duration Section 1. Amend to read: This Agreement shall be in effect on January 1, 2006 and shall remain in effect through December 31, 2008, and BE IT FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to sign said Stipulation Agreement on behalf of the Town. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 3. Authorization — Capital Projects #26-05 Storm Drain Improvements On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the establishment of Capital Project#26-05 Storm Drain Improvements —Account#H5197-4-5110-5019 in the amount of$75,000. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 4. Salary Authorization - Recreation On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that as provided for in the 2007 Town Budget the Town Board does hereby authorize the payment of salary to the following: Kathleen Spader, Lifeguard, Hommocks Pool, $9.75/hour, retroactive to 12/18/06. Meredith Naughton, Lifeguard, Hommocks Pool, $9/hour, retroactive to 12/18/06. Cathleen Scanlon, Lifeguard, Hommocks Pool, $9.50/hour, retroactive to12/18/06. Michael Ragone, Lifeguard, Hommocks Pool, $9.50/hour, retroactive to12/18/06. Elizabeth Linsalato, Alt Skate Guard, Hommocks Park Ice Rink, $9.50/hour, retroactive to 12/23/06. 17 January 3, 2007 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 resubmission On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of October 18, 2006 as amended. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye REPORTS OF COUNCIL Councilman Winick said there were no meetings during the holidays. Councilwoman Seligson said the same and wished everyone a Happy New Year. Councilwoman Wittner said she attended the last meeting of the Fire Council and Happy New Year to all. Councilman Odierna reminded everyone of the Martin Luther King, Jr. celebration at the Emelin Theater on January 10th. Ralph Branca is the guest speaker and they will be honoring Mary Lou Berridge. Supervisor O'Keeffe also invited everyone to join them next week at the celebration and wished everyone a healthy and happy new year. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the meeting was unanimously adjourned at 9:45 PM. Submitted by, Patricia A. DiCioccio, Town Clerk 18