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HomeMy WebLinkAbout2007_04_18 Town Board Minutes APRIL 18, 2007 TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING —Wednesday, April 18, 2007 in the Town Center Court Room at 8:15 PM THE TOWN BOARD WILL CONVENE — at 5:00 PM into a Work Session for a Presentation - Connect CTY Notification System, Continued Discussion Zoning Code — Height of Homes, Update — Global Warming Task Force, Proposed Legislation — State Protection of Wetlands Greater than '/4 Acre and Hommocks Parks Apartments. 7:15 PM EXECUTIVE SESSION to discuss Building Agreement, Certiorari and Personnel RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PUBLIC HEARINGS —Amendment to Parking Fines BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN 1. Resolution — Library Improvements 2. Bonding Resolution — Library Improvements APPROVAL OF MINUTES - March 7, 2007 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERKS REPORT Next regularly scheduled meetings — May 2, 2007 & May 16, 2007 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 APRIL 18, 2007 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON APRIL 18, 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 Councilman Paul A. Winick Councilwoman Nancy Seligson ALSO PRESENT: Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Christina Battalia, Town Clerk Cindy Atiencia, Deputy Town Clerk WORK SESSION Presentation - Connect - CTY Supervisor O'Keeffe introduced Mike Liverzani, Town of Mamaroneck Ambulance District Director. Daniel R. Peterson of Connect-CTY presented to the Board an emergency notification system. There was extensive discussion regarding the system. Continued Discussion Zoning Code-Height of Homes Arthur Wexler presented results of his research about other municipal ordinances regarding heights of homes. The Board reviewed what was discussed at the previous work session. It was noted that New Rochelle's ordinances regarding height were the most similar to the Town of Mamaroneck. Mr. Wexler was asked by the Town Board to do site review with the Building inspector of homes which appear to be creating an issue. It was noted that the Town Board would be meeting with the Board of Architectural Review on April 19, 2007 to discuss issues of mutual concern. Global Warming Task Force Councilwoman Seligson and Steve Altieri attended the Task Force on Global Warming. ICLEI, an international association of 660 local governments around the world, has a mission to improve the global environment through local action. Cities for Climate Protection® is ICLEI's flagship campaign. The program is designed to educate and empower local governments worldwide to take action on climate change. Participating jurisdictions would be asked to commit to reduce local emissions by working through FIVE Milestones Steps. Councilwoman Seligson recommended to the Board that the Town of Mamaroneck consider joining the Cities for Climate Protection® campaign. She also volunteered to spearhead the effort for the Town of Mamaroneck; Councilman Odierna agreed to help on the committee. Mr. Altieri would prepare a resolution in support for the Board's approval at the next Board meeting. New York State Wetlands Legislation George Latimer is co-sponsoring a bill in the New York State Assembly that calls for the protection of freshwater wetlands of one acre or more in size. Councilwoman Seligson would like the Board's support of this Legislation by preparing a letter of support. The Board agreed to this endorsement, subject to the Town Attorney's review of the proposed New York State Legislation. Update - Housing Authority Councilman Winick reported that the Housing Authority wanted to begin to pay back the pilot funds to the Town from their reserve funds. It was noted that the Housing Authority was fiscally sound enough to begin to make these payments while still maintaining a reserve fund. There was a brief discussion regarding housing eligibility for Tier 1, full time volunteers. Cable TV 2 APRIL 18, 2007 Councilman Winick met with Joe Van Eaton to discuss the draft agreement between Verizon and the City of White Plains. The Cable TV Advisory Board would like to use the White Plains agreement as a starting point. The consolidation of LMC-TV was discussed with the use of the Town Center 3rd floor as a possible site. The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:25 PM. She then pointed out the location of exits. Supervisor O'Keeffe gave the following address. It was noted that the Supervisor's addressed was also issued on the Town web-site as well as through a direct mailing. SUPERVISOR'S ADDRESS The NorEaster which hit the Town of Mamaroneck on Sunday April 15, 2007 brought the worst flooding in half a century. The equivalent of two months of rain fell in roughly twelve hours. This heavy rain swelled local brooks and rivers releasing torrents of water throughout the Town. Electrical power was lost in many areas for one of two reasons. The first was feeder cable damage caused by the high winds and water. The second was an intentional shut down of streets where flooding was severe in order to prevent fire hazard conditions. In the course of shutting down utilities some houses that did not experience flooding also lost power. However, in the midst of the storm as water levels rose, the Town and Con Edison did not have the luxury of singling out those houses that were known to be flooded or would be flooded in the future. In total, approximately 600 houses lost power in the storm and 70 houses experienced severe flooding.As of this writing (April 18, at 12:00 noon)power has been restored to 95% of all houses. Those remaining withoutpower are awaiting Con Ed's clearance before power is turned on. Because it became impossible to differentiate between areas purposely shut down and those where power was lost due to equipment damaged by the storm, the Town was forced to use Con Edison's procedure to restore power which assumes water damage. This requires individual home inspections by electricians and/or plumbers and verification of repairs by electrical underwriters. This procedure is in use throughout Westchester County. Adhering to this procedure generated much of the confusion that residents experienced on Monday and Tuesday. The Building Department's telephone systems became overwhelmed, which caused further delay. Much has been learned through coping with this unprecedented storm and it will be applied to the Town's emergency procedures for the future. We are working with County Executive Spano and Governor Spitzer to secure funds for infrastructure repair and individual damage claims. Residents who believe they will make a claim should photograph damage, if possible, and keep copies of all bills and receipts. Once the state has finalized claim procedures the Town will transmit that information through the Town newsletter and website (www.townofmamaroneck.org). We know that it was difficult and frustrating for you to be without power in this unseasonably cold weather and we thank you for your patience and cooperation. There were issues in getting information to Town residents. Ironically, the Town Board has been evaluating emergency notification systems and is on track to select a system within the next 30 days. Those systems allow the Town to send emergency notifications to both home and cellular phones to better direct information to residents. Mr. Altieri addressed how the Town had prepared for the impending storm. Beginning the Wednesday prior to the storm the Town initiated their emergency response plan. The 3 APRIL 18, 2007 Weaver Street Fire House was the emergency center and was set up Sunday morning. Mr. Altieri noted that the Town received 7" of rain in a 15 hour period, the equivalent of two months worth of rain. The Town received 385 storm related calls from Sunday through Monday. Mr. Altieri noted that the initial emphasis of the storm was coastal, as is usual for nor'easters, rather than the river flooding issue it became. Nine police were on full time duty, as were all highway personnel. At the storm's end the two major issues were the power outages in the Brook area and infrastructure problems throughout the Town. Con Edison had 7-8 inspectors on site to help the Town. Mr. Altieri emphasized there were no serious personal injuries. He commended the Town employees all of whom performed admirably and effectively to the emergency plan. The Emergency Management Commission, with help from outside sources, will continue to evaluate the situation. The Town of Mamaroneck, the Villages of Larchmont and Mamaroneck have agreed to jointly operate the Mamaroneck High School as an evacuation shelter. The Town Recreation personnel, as well as the Red Cross manned the shelter initially. There were 350 people in the shelter Sunday night, with 50-60 still remaining. Supervisor O'Keeffe noted that the Municipalities are seeking Federal Government involvement. Senator Schumer and Senator Clinton are facilitating the declaration of a State of Emergency for our area. State Senator Oppenheimer and Congresswoman Lowey are seeking federal aid for flood abatement on a long term basis. The following residents of the Brook and Weaver Streets addressed the Board. The residents expressed their disappointment in having their power turned off. The residents felt the Town, as well as Con Edison, should and could have done a better job communicating with residents; there was a lot of miscommunication. They felt that the inspection procedures required in order for power to be tuned on was flawed. It was also stated that the Town should have initiated their Emergency Plan sooner. Charles Mason, 482 Weaver Street Steve Madris, 47 Stoneyside Drive Brian Rohman, 69 W. Brookside Drive David DeSanto, 450 Weaver Street David Litzky, 446 Weaver Street James Stebbins, 484 Weaver Street The following residents of Murray Avenue addressed specific concerns regarding the County piping under Murray Ave. They feel it is not being addressed and seek help from the Town to help facilitate action from the County. Bill Walter, 97 Murray Avenue Kelly Gee, 194 Murray Avenue Taylor Lee, 2000 Murray Avenue Al Taughton, President of Mamaroneck Chamber of Commerce, stated that on Tuesday April 24, at the Village of Mamaroneck Court House, a meeting of local County and State government will be held to discuss what businesses can do to receive financial help. Supervisor O'Keeffe read the following letter from Mr. Henry Korn: It is my privilege to present some suggestions for your and the Town Board's consideration in the likely event of future flooding in our community as we witnessed on April 15, 2007. Simply, if my sampling of reactions within the community is representative, the Town's execution of plans to confront the flooding and coordinate as expeditiously as possible actions to limit the serious inconvenience and other safety concerns to our community was not adequate. I understand that this evening the Town Board will be meeting and the issues involving the flood will be addressed. I ask that this letter be included in the record of the proceedings. Long before the April 15 storm hit our community, it only makes sense that the Town officials had to have reviewed plans to prepare for the inevitable flooding and identify actions to protect the community, as well as to keep the community informed about the actions that would be implemented. Unfortunately, if the Town did identify such plans, it did not adequately communicate to the community what the plans were, or what would be the actions to protect the community As a result, 4 APRIL 18, 2007 once the flooding occurred, and broad sections of the community were without power, if the Town thought to communicate by e-mail with the community such a procedure obviously would be useless. There was no power to fire up the computers and check such e-mail communications, assuming the Town had the e- mail addresses of all residents At no time during the entire 36 or more hours that broad sections of the Town were without power, no representative of the Town traveled through the community and verbally, or by written format, communicated with anyone. In the Larchmont Gardens section, where I live, virtually every resident with whom I spoke knew nothing about what the Town planned or what actions it would take to see that the flood would be addressed expeditiously and that power would be restored. Instead, information circulated only by rumor, and that is not an effective way to protect the community when there is a crisis of this type. When residents, like I, sought to secure relevant information, the message we received from the Town and other Town agencies or institutions involved in protecting the community was inconsistent. For example, no one advised residents with whom I spoke that with this flood, the Town had directed Con Edison to turn off all power and gas to our homes and only turn on the power after a Town Building Inspector, in the company of the Con Edison crew, personally inspected every home to determine the extent, if any, that fuse boxes and electrical outlets may have been affected by the flooding. Thus, when residents, like I, called Con Edison in the late afternoon on April 15 to discover when power would return, we were advised that power would be returned before 3:00 am. on April 16. During these occasions and others when we called Con Edison, no one from Con Edison advised that before power would be returned to a single home, the Town Building Inspector would personally certify the home was ready for power to be restored. Through the rumors, and not direct notice to the community impacted by the flood, many of us heard that in order for our homes to be inspected and certified by the Town a condition of Con Edison's turning on the power — we had to put our names on a list with the Town Building Department. Attempts to do this by phone met repeatedly with busy signals. No one thought at the Town level to have a voice mail recording in place advising residents of this requirement or advising that the resident could leave his/her name and address and that way he/she would be "put on the list". On many occasions, residents, like my wife and I, personally visited the Town Building Department to "put their names on the list". When they returned to the Building Department, as I did on two occasions, to determine what was happening and when their property would be inspected, uniformly the residents received no information, or a shrug indicating the problem for the Town simply was beyond its ability to address. This plan, conceived by the Town to address the flooding, requiring the prior inspection and certification by Building inspectors, turned into an invitation for serious unintended consequences. For example, rumors circulated that home owners would have to obtain certification from electricians hired directly by them, as well as insurance underwriters, that the flood had not impacted the electrical outlets or fuse boxes as a pre-condition to inspector certification and the return of power. This invited unscrupulous contractors to travel through affected areas offering their services at whatever the market could afford. Because of my extensive tenure in this community and relationships I developed with members of the Town police department, in fact one senior police official visited my home on April 16 stating that a scam artist contractor was traveling through the community seeking to get paid $500 for his services. That officer rapidly drove through the community to locate the perpetrator. Whether he was located, or not, I do not know. Then, as it turned out, the presence of an inspector with the Con Edison crew to certify the electrical service as a condition for returning power to one's home was not in fact the practice, or if it was the practice, it was inconsistently applied. At my home, for example, no inspector accompanied the Con Edison crew. So much for a consistent plan! In fact, as we also learned the Town simply did not have sufficient inspectors to do what the plan it conceived required be done. I do not know the number of 5 APRIL 18, 2007 inspectors employed by the Town, but I would assume the number is less than 10. This plan simply was doomed to failure since the number of homes impacted far exceeded the capacity of the limited number of inspectors to perform the certification. In the future, should the Town plan for this type of protection for the public, I strongly recommend that it invite community volunteers to secure the needed minimal training to determine the flooding impact on electrical and other home systems as a precondition to return of power. I am ready and willing to step up to the plate to do this. With limited training, I and others can do what has to be done, and the Town will have more than sufficient personnel to do this work. Unfortunately, effective communication to the community was non-existent when the flood hit and when the residents sought to protect their homes and return to something of a normal life, with power restored. But there may be other serious issues involving the Town's infrastructure to deal with the weather conditions we are now facing — whether due to "global warming" or not. From my perspective, the Town's storm water system to capture water pouring into the drains and travel that water to treatment facilities, was broken down. You could see that the water coursing down the streets could not be drawn through the storm water system, quite early during the flooding, and water instead was pouring out of the street drains and the manhole covers! Is this a function of aging or insufficient pipes that cannot accommodate the water flow, due to density of development or other manmade or natural factors? Will the Town have to evaluate its infrastructure and identify what construction plans to undertake, and on what time basis, to address this system and how it can handle rain, snow and other natural forces that impact our community? It is my hope that the Town Board will address not only the communication issues that I have identified, its plans in the future when heavy rains (sure to occur many more times this year) are anticipated, and the issues concerning the infrastructure. The Town needs to keep the community informed and not just rely, if it does, or did, on e-mail communications but use direct verbal or written communications to the community of how it will address these matters long before the next problem occurs. Thank you for the opportunity to address these issues. Sincerely, Henry H. Korn Frank DeCabia, 19 Cabot Road, stated he has had many meetings with the Town regarding flooding at his home. He feels strongly that this issue needs to be addressed by the Town. Mr. Altieri responded stating the remedy issued from the Dolph Rotfeld Report would cost $700,000.00, and would effectively keep water out of two homes. Supervisor O'Keeffe advised Mr. DeCabia that his problem might be addressed by any Federal package for funding the Town might receive. Supervisor O'Keeffe announced that a special garbage collection would take place this Saturday to help residents remove flood debris. PUBLIC HEARING –Amendment to Parking Fines NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on April 18, 2007 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a local law entitled "Updating of Parking Fines" Law Purpose 6 APRIL 18, 2007 The Town Board has reviewed the fines imposed for various parking Infractions and has determined that the current fines are well below the fines charged by other communities within the County of Westchester. This Law updates the schedule of fines more in line with the fines currently being imposed generally throughout Westchester County. The full text of this Local law may be examined and copies obtained at the Town Clerk's office during regular 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. PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. On motion of Councilman Winick, seconded by Councilwoman Wittner, the Public Hearing was unanimously opened. Supervisor O'Keeffe asked if anyone wished to speak for or against the proposed law. Councilwoman Seligson noted that when the Board reviewed other communities' parking fines it was noted that the Town of Mamaroneck's fines were considerably lower. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearing was unanimously closed. On motion of Councilwoman Wittner, seconded by Councilman Winick, it was RESOLVED, that the Mamaroneck Town Board finds that the adoption of the proposed local law regarding Updating Parking Fines is hereby declared to be a Type II action under the New York State Environmental Quality Review Act (SEQRA). The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe Aye On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following was approved, Local Law No. 6 -2007 This local law shall be known as the "Updating of Parking Fines" Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 — Purpose: The Town Board has reviewed the fines imposed for various parking infractions and has determined that the current fines are well below the fines charged by other communities within the County of Westchester. This law updates the schedule of fines to bring the fines more in line with the fines currently being imposed generally throughout Westchester County. Section 2—Amendment of a current section of the Mamaroneck Code: Section 147-15 A. of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: "A. Fines are established as follows: 7 APRIL 18, 2007 (1) Overtime at meter: $15. (2) Parking in permit area without a permit: $25. (3) Parking where prohibited between 3:00 a.m. and 6:00 a.m.: $20. (4) No parking between signs: $20. (5) No parking anytime: $25. (6) No parking 9:00 a.m. and 12:00 noon: $20. (7) Exceed posted time limit: $15. (8) Parking in zone marked "No Parking Here to Corner": $25. (9) Parking in bus stop: $25. (10) Invalid inspection sticker: $50. (11) Parking in fire lane or fire circle: $50. (12) Blocking fire hydrant: $50. (13) Parking without license plates: $50. (14) Invalid registration: $50. (15) Parking in handicapped space: $50 (16) Blocking driveway: $20. (17) Parking in wrong direction: $20. (18) Parking on sidewalk: $20. (19) Abandoning a vehicle: $50. (20) Parking with motor running: $50. (21) Double parking: $25. (22) All other parking infractions: $20." 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 upon filing with the Secretary of State. The above Local law was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Seligson, seconded by Commissioner Winick, 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: Paul A. Winick Commissioner: Nancy Seligson 1. FIRE CLAIMS Commissioner Seligson presented fire claims for authorization of payment, thereafter on Commissioner Seligson's motion, seconded by Commissioner Wittner, it was 8 APRIL 18, 2007 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: Airborn Printing & Graphics $ 177.98 Avaya $ 51.89 Brewer Hardware $ 1.42 Cablevision $ 29.95 Chief Fire Prevention $ 184.69 Con Edison $ 1,487.27 David Commender $ 103.90 Excelsior Garage & Machine Works $ 132.85 General Sales Administration $ 15.68 IKON $ 241.87 NOCO Energy Corp. $ 100.00 Pitt Stop Auto Parts $ 223.50 Poland Springs Water $ 126.76 Sound Shore Pest Control $ 130.00 T.C.D. $ 18.00 Technical Electronics Inc. $ 70.00 Technical Electronics Inc. $ 60.00 Trilex $ 223.00 Verizon Wireless $ 12.56 Winzer Corporation $ 50.00 W.J.W.W. 109.88 Total: $ 3,551.20 The above resolution was put to a roll call vote: Winick Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Other Business March 2007 ALARM TYPE NUMBER Generals 27 Minors 24 Stills 24 Out of Town (Mutual Aid) 0 EMS 21 Drills 2 TOTAL 98 Total Number of personnel responding: 778 Total Time working: 38 hours &44 minutes Councilwoman Wittner praised the Fire Department, many of whom are volunteers, for the outstanding job they performed during the nor'easter. 9 APRIL 18, 2007 There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Winick, the Commission unanimously adjourned and reconvened the regular meeting of the Town Board. AFFAIRS OF THE TOWN 1. Resolution - Library Improvements On motion of Councilman Odierna, seconded by Councilman Winick, the following was approved, RESOLVED, that the Town Board does hereby approve the Larchmont Library Capital Project to replace the heating, ventilation and air conditioning equipment at a cost not to exceed $292,000.00. The Town of Mamaroneck's share of the project, including the cost of the issuance of the serial bonds shall not exceed $175,000.00. The above resolution was put to a roll call vote: Winick - Aye Seligson Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 2. Bonding Resolution — Library Improvements BOND RESOLUTION (SUBJECT TO PERMISSIVE REFERENDUM) At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at Town Hall, in Mamaroneck, New York, in said Town, on the 18th day of April, 2007, at 8:15 o'clock P.M., prevailing time. The meeting was called to order by Supervisor O'Keeffe, and upon roll being called, there were PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilman Ernest C. Odierna Councilwoman Nancy Seligson Councilman Paul A. Winick ABSENT: None The following resolution was offered by Councilwoman Wittner, who moved its adoption, seconded by Councilman Odierna, to-wit: BOND RESOLUTION DATED APRIL 18, 2007. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE TOWN'S SHARE OF THE COST OF THE RECONSTRUCTION OF THE VILLAGE OF LARCHMONT PUBLIC LIBRARY BUILDING, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $175,000, AND AUTHORIZING THE ISSUANCE OF $175,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF. 10 APRIL 18, 2007 WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, the capital project hereinafter described has been determined to be an Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the financing thereof; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The Town's share of the cost of the reconstruction of the Village of Larchmont Public Library Building, in and for the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental site and other improvements and expenses in connection therewith, pursuant to an Intermunicipal Agreement with the Village of Larchmont, at a maximum estimated cost of$175,000, is hereby authorized, subject to permissive referendum Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost being the Town's share of said specific object or purpose, is by the issuance of$175,000 serial bonds of the Town hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. 11 APRIL 18, 2007 Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full or summary form in the Journal News, which is hereby designated as the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Winick VOTING Aye Councilwoman Seligson VOTING Aye Councilman Odierna VOTING Aye Councilwoman Wittner VOTING Aye Supervisor O'Keeffe VOTING Aye 3. Certiorari On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was approved, RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Angelo LoPane 2001 Boston Post Road Larchmont, NY 10538 Block: 707 Lot: 130 Town of Mamaroneck/Village of Larchmont Year Current Assessment Reduced Assessment 2000 $72,500 $64,000 2001 $72,500 $57,000 2002 $72,500 $52,000 2003 $72,500 $47,000 2004 $72,500 $47,000 2005 $72,500 $43,000 2006 $72,500 $43,000 12 APRIL 18, 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 - March 7, 2007 On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of April 18, 2007. The above resolution was put to a roll call vote: Winick Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye ORAL COMMUNICATIONS David DeSanto, 450 Weaver Street, commented on the proposed Amendment to Parking Fines, stating the amounts were arbitrary. Regarding the issue of flooding, he feels that people could be encouraged to address flood abatement at their own homes through a tax credit program. Mr. Maker responded that Real Property Law does not have the power to do that. George Roniger, Larchmont Garden's Civic Association, asked the Board to review tree and bark erosion at the Brook. He noted that the Association would be holding its annual meeting on May 7, adding Mr. Altieri will be in attendance. Finally on June 9 & 10 residents are invited to the Association's Spring Fling. WRITTEN COMMUNICATIONS Letter from Mr. Korn was read and entered into the minutes above. SUPERVISOR REPORTS Address of Supervisor O'Keeffe was read and entered into the minutes above. REPORTS OF THE COUNCIL Councilwoman Seligson noted that the Town of Mamaroneck has been honored by SoundWaters for the Town's environmental stewardship of Long Island Sound; specifically the recently passed idling law as well as the creation of open space at the Hommocks Conservation area. SoundWaters sponsors a program known as SoundHarbor. It is a community program in which a schooner comes into the harbor and runs environmental programs. This program has been running for many years through the school district. They are looking to expand this program with the adult community. Councilman Winick attended the Cable TV negotiations, noting progress is being made; White Plains has passed their franchise agreement. The Town will be using this as a basis for their negotiations. He noted that Cablevision has resurfaced in the negotiations, adding this will add price competition. Councilman Odierna attended the Village of Mamaroneck Chamber of Commerce meeting. they are busy with their plans for the Wine Walk on April 29. He attended the meeting of 13 APRIL 18, 2007 the Recreation Commission on April 10. There was discussion of fields as well as the closing of Hommocks Pool. On April 13 he attended a League of Woman Voter's meeting with Assemblyman George Latimer. Councilwoman Wittner attended a meeting of the Fire Council. She attended a LISWIC workshop to review a first draft of the Storm Water Utility District. She made note that although this is designed to address report regarding creation of a water quality, the issue of water quantity cannot be overlooked as these two issues are intertwined. PROCLAMATIONS —Arbor Day Tree City USA Award Municipal Clerks Week Councilman Odierna read the following Proclamation. PROCLAMATION ARBOR DAY TREE CITY U.S.A. AWARD WHEREAS, April 29, 2006, marks the fifteenth (15th) year the Town of Mamaroneck has been recognized as a Tree City U.S.A. by the National Arbor Day Foundation; and WHEREAS, The Tree City U.S.A. Award indicates that the Town of Mamaroneck takes its tree-care responsibilities seriously with an effective community forestry program; and WHEREAS, Trees make a world of difference in our communities. Trees have long been recognized for the beauty and value they lend to homes, neighborhoods, parks and business areas. At the same time, those trees conserve energy, help clean the air, protect rivers and streams, and provide a home for wildlife in our towns and cities. NOW, THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor, and the members of the Town Council of the Town of Mamaroneck urge all citizens to participate in programs and activities designed to furthering the establishment of trees in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 18th day of April 2006. Councilman Winick read the following Proclamation PROCLAMATION MUNICIPAL CLERKS WEEK—APRIL 29-MAY 5, 2007 WHEREAS: The Office of the Municipal Clerk, a time-honored and vital part of local government, exists throughout the world; and WHEREAS: The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS: Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS: Municipal Clerks serve as the information center on functions of local government and community; and WHEREAS: Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, county and international professional organizations; and 14 APRIL 18, 2007 WHEREAS: It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor of the Town of Mamaroneck, and the Town Board members hereby recognize the week of April 29 through May 5, 2007 as Municipal Clerks Week and further extend appreciation to our Town Clerk Christina Battalia and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 18th day of April 2007. TOWN CLERK REPORT The Town Clerk reminded residents that their parking permit renewals were mailed and the deadline for returning them is May 11. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilman Odierna the meeting was unanimously adjourned at 11:30PM. Submitted by Christina Battalia, Town Clerk 15