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2007_08_08 Town Board Minutes
AUGUST 8, 2007 TOWN OF MAMARONECK TOWN BOARD AGENDA REVISED REGULAR MEETING —Wednesday, August 8, 2007 in the Town Center Court Room at 8:15 PM THE TOWN BOARD WILL CONVENE — at 4:00 PM into a Work Session to discuss Use of bio fuels by Town, Property Assessment— Flood Zones, Review of Human Rights Commission Functions, Amendment to Tree Law, Valley Steam Road Bridge Update, Evaluation of Alternatives — Railroad Stairwell Project, Town of Mamaroneck House Hockey Program, Wellness Fair—Town Employees, Evaluation of Rock Chipping Law and Mid Year Financial Report 7:00 PM EXECUTIVE SESSION to discuss Collective Bargaining — Police Union and Certiorari RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN 1. Tree Permit Appeal — 179 Griffin Avenue 2. Appointment— Human Rights Commission 3. Authorization — Town Assessor 4. Authorization — Retainer Agreement Legal Counsel 5. Authorization — Renewal of Lease Agreements, Dorf Law Firm & Goodnight Family LLC. 6. Ratification — Stipulation of Settlement—Police Department 7. Authorization — Data Sharing Agreement, Westchester County 8. Resolution — Change December 3, 2007 Town Board Meeting 9. Authorization- Settlement of Litigation 10. Approval of Certiorari 11. Authorization - School Tax Warrant 12 Set Public Hearing - Public Housing Agency - Section 8 Administrative Plan 13. Salary Authorization — Highway Department Recreation 14. Set Public Hearing —Water District No.1 Increase and Improvements of Facilities - $210,000.00 Bonds 15. Set Public Hearing —Amendment to the Tree Law 16. Set Public Hearing —Amendment to Chipping Law APPROVAL OF MINUTES June 6, 2007 June 20, 2007 July 11, 2007 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISORS REPORT REPORTS OF THE COUNCIL TOWN CLERKS REPORT Next regularly scheduled meetings — September 5, 2007& September 19, 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 AUGUST 8, 2007 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON AUGUST 8, 2007 AT 8:15 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTONPOST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilman Ernest C. Odierna Councilman David J. Fishman 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 Town Bio Fuel Use Sara Price, as a legal intern for the Town of Mamaroneck has been working on developing an action plan to reduce the Town's greenhouse gas emissions. The Town Board committed to reducing the Town's greenhouse gas emissions when it entered into a membership agreement with ICLEI and their Cities for Climate Change Program©. Ms. Price prepared a report for the Board's review. The areas which Ms. Price researched, were replacing the Town Center's diesel heating oil with bio fuel and using bio fuel in the Town's highway fleet. The Board discussed the pros and cons of conversion and any possible negative effects. The Board asked Ms. Price to research other municipalities who have done this conversion and what results they have experienced. The Board agreed to do a trial run using two older highway vehicles, and to replace the Town Center's diesel heating oil with bio diesel fuel. Bio diesel fuel is a clean burning alternative fuel that is biodegradable, non-toxic and essentially free of sulfur and aromatics. Replacing petroleum diesel with bio diesel leads to a substantial reduction of unburned hydrocarbons, carbon monoxide and particulate matter, as well as eliminating sulfur oxides and sulfates. A formal request would also be made to the bio fuels supplier located in New Rochelle, in order to determine exact price and availability. The Board will present at its October Town Board Meeting Ms. Price's full report and determine at that time whether the Town would like to make a formal policy regarding the use of bio fuel. Human Rights Commission (HRC) April Farber, Chair of the HRC, was present to discuss the HRC and its current and future role. Ms. Farber gave a brief overview of the history of the Commission and what the Commission does, its realizations and impediments and the future steps it should be taking. Ms. Farber was asked to bring back to the Board a plan for moving forward. Serial Bond Sale Town Comptroller, Denis Brucciani, explained that currently the Town of Mamaroneck has outstanding short-term debt obligations in the form of two (2) Bond Anticipation Notes (BANs), $2,267,000 (Rate -3.55%), and $596,000 (Rate - 3.61%), aggregating $2,863,000 for various purposes. In addition, the Town has approximately $565,000 of approved, pending and additional debt to be issued for the following purposes: Larchmont Public Library (HVAC) - $175,000, Purchase of a Sanitation Truck -$180,000, and Larchmont Water Plant Modifications - $210,000. Predicated on the upward pressure on short-term rates in the current interest rate environment and subsequent anticipated pressure on rates for next year, and further compounded by the fact that with BANs outstanding, the Town would be subject to rate risk with each yearly maturity and subsequent renewal, it 2 AUGUST 8, 2007 is proposed and recommended that the Town issue long-term debt in the current period in the form of serial bonds which would have the effect of locking in interest rates fixed for approximately a weighted average twenty (20) year period as well as smoothing the payback of principal from year to year for budgetary purposes as well. The payback schedule also produces the effect of matching the amortization period with the useful life of the asset(s) being financed. It is also more economical for the Town to amass as much debt as possible when issuing serial bonds due to their expensive nature created by such costs as marketing, underwriting and legal. The total amount of serial bonds to be sold in the market after a payback of principal of$50,000, is $3,378,000. Amendment to Tree Law Mr. Maker explained, at a recent appeal of a decision by the Tree Commission, the Town Board was apprised of a weakness in the Tree law. There has been at least one circumstance where a tree removal permit has been issued for anticipated construction which did not take place. Mr. Maker has drafted a proposed amendment which would tie the issuance of a tree removal permit to the issuance of a building permit for new construction. This was discussed in anticipation of setting a Public Hearing on this amendment at the Regular Town Board Meeting. Valley Stream Road Bridge Update Ester Jay and Jamie Marsh have completed a search of Town Minutes. In doing so, it has been determined that the bridge at Valley Stream is a Town dedicated bridge. This bridge was severely damaged during the April Nor'easter and ownership needed to be established in order to move forward with repairs. In order to move forward with repairs the Town has submitted an application to FEMA. A reimbursement will be made to Ester Jay for an engineering assessment she had previously paid for in the amount of$2,400.00. Railroad Stairwell The Board reviewed proposals for the replacement of the stairwell leading from the Town Parking Lot#1 to the Larchmont Train Station Lot. The estimate to repair the existing stairwell is $246,000.00, and the cost to replace the stairwell is $414,000.00. The Board felt the estimates were too high and asked Mr. Altieri to look into alternate proposals. Wellness Fair Mary Stanton explained that the Town's Safety Committee is planning an Employee Wellness Fair on Thursday October 25, 2007, from 10:00 AM to 2:00 PM at the Weaver Street Fire House. Town of Mamaroneck House Hockey Program The Board reviewed a memo from Jill Fisher, Superintendent of Recreation, outlining her recommendation for changes to the Youth House League Hockey Program. Her memo explains that the Town has been working with the Mamaroneck Youth Hockey Association (MYNA) regarding the possibility of working more closely in the future. The Recreation Department would like to improve its program and the quality of instruction it offers by changing its instructor format, with help from the MYHA, to an adult volunteer coaching staff. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following it was unanimously, RESOLVED, that the Mamaroneck Town Board does hereby approve the changes to the Youth House League Hockey Program as recommended by the Superintendent of Recreation, Jill Fisher. Evaluation of Rock Chipping Law Supervisor O'Keeffe explained the current law and its history. Currently, the Supervisor is receiving numerous complaints from residents on Avon Road and 3 AUGUST 8, 2007 Mohegan Road, regarding rock chipping going on for long periods of time. The current law encourages chipping over blasting with the understanding that it is safer to neighboring homes. The Board discussed what amendments could be made to the law to give neighbors some relief. Mr. Maker was asked to prepare a draft amendment for a public hearing on September 5, 2007. Flooding Update Mr. Altieri gave an update on the flooding in the areas of Murray Avenue and Cabot Road. Supervisor O'Keeffe asked the Board to consider whether the Building Department should be maintaining a record of which homes it has pumped out. The Board briefly discussed revaluation in regards to flooding. It was noted that Susan Thomas, Town Assessor, would be addressing the revaluation issue before the Board at its September meeting. Development at Cherry Lawn Mr. Maker noted that he had been asked by Dr. Mason, Mr. Roberts and Mr. Sternbach to re-review the SEAR findings as they pertain to the development at Cherry Lawn in New Rochelle. Weaver Street Bridge A letter is being sent to Metro North voicing the Town's displeasure with regards to the renovations of the Weaver Street Bridge. Dam at Larchmont Reservoir Supervisor O'Keeffe asked the Board to consider doing an assessment of the Dam's structural soundness. Town Board Meeting August 6, 2007 in conjunction with Village of Larchmont Work Session The Board members discussed the Special Meeting of August 6, and outlined for the Town Clerk what was discussed in order for minutes to be prepared and available for Board approval on September 5. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Board entered into Executive Session to discuss Collective Bargaining and Certiorari. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:3513M. She then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Wittner, seconded by Commissioner Fishman, the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: David J. Fishman 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 4 AUGUST 8, 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: AAA Emergency Supply Co. Inc. $ 1,164.00 AAA Emergency Supply Co. Inc. $ 445.50 AAA Emergency Supply Co. Inc. $ 209.85 AAA Emergency Supply Co. Inc. $ 144.00 AAA Emergency Supply Co. Inc. $ 140.00 AAA Emergency Supply Co. Inc. $ 127.00 AAA Emergency Supply Co. Inc. $ 38.00 Atlantic-Westchester $ 561.56 Avaya $ 51.81 Brake, Clutch & Driveshaft of Westchester $ 787.88 Brewers $ 28.17 Bronx Ignition $ 425.00 Cablevision $ 218.48 Con Ed $ 249.84 DTM Parts Supply Inc. $ 79.72 Excelsior Garage & Machine Works $ 482.36 Flower Barn $ 145.00 G & K Services $ 136.62 Home Depot $ 9.75 IKON $ 212.13 Inter-State Diagnostic $ 1,447.00 Inter-State Diagnostic $ 48.50 MetroCom Wireless $ 1,472.00 Murphy Bed Co. $ 225.00 National Standby Repair $ 621.71 New England Sportswear $ 142.20 Nextel $ 236.64 Noco Energy Corp. $ 124.55 NY Academy of Fire Science $ 50.00 Pitt Stop Auto Parts $ 566.37 Poland Springs $ 160.71 Redwood Nursery $ 131.00 Rye Ford-Subaru $ 77.00 Sean McCarthy $ 1,669.13 Sound Shore Pest Control $ 130.00 Town of Mamaroneck P.F.F.A. $ 220.08 Town of Mamaroneck P.F.F.A. $ 220.08 Verizon Wireless $ 12.56 Villa Maria Pizza $ 700.00 Westchester Elevator $ 196.35 Winzer Corporation $ 50.00 WJWW $ 102.50 Witmer Associates Inc. $ 12.99 Total: $ 14,273.04 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Other Business Commissioner Wittner noted she was unable to attend the Fire Council meeting because she attended the Special Meeting of the Town Board at the Village of Larchmont Work Session. Commissioner Wittner announced that Ex- Chief Michael J. Acocella, has been named to the Westchester County post of"Battalion Chief' of sector 15. Mr. Acocella's responsibilities include coordination between the County and Local departments which include Port Chester, Rye, Rye Brook, Harrison, West 5 AUGUST 8, 2007 Harrison, Purchase, Mamaroneck Village, Town of Mamaroneck and Larchmont including the Westchester County Airport. There being no further business to come before the Commission, on motion of Commissioner Seligson, seconded by Commissioner Fishman, the Commission unanimously adjourned and reconvened, the regular meeting of the Town Board. AFFAIRS OF THE TOWN 1. Tree Permit Appeal — 179 Griffen Avenue The Town Administrator explained that David and Madeleine Arnow were denied by the Tree Preservation Committee to remove two trees from their property at 179 Griffen Avenue. Mr. and Mrs. Arnow are appealing that decision. Pursuant to the Town's tree regulations, this appeal requires a hearing before the Town Board. Mr. Arnow addressed the Town Board further explaining his reasons for removing these trees. He stated that an identical tree to the one he is requesting a permit to remove, had fallen. He urges the Board on the basis of safety to issue a permit for their removal. He emphasized that he and his family were tree lovers, and if not for their fear that these trees would fall, he would not be requesting their removal. He introduced arborist Brian Johnson, who addressed the Board. Mr. Johnson explained that based on the Hazard Rating, standard to his industry, he rated these trees at 10; a low rating is three and a high rating is 12. Failure potential, size and target rating, are the three areas used to determine this rating. The Board asked Mr. Johnson if the trees were healthy. He responded, yes. They also asked him to further explain the rating system he used for his report. Ms. Paul and Mr. Carpaneto, representing the Tree Commission, stated the trees are healthy and found no evidence to the Arnow's claims that the trees could fall in the direction of their home. The Board discussed the beneficial role trees play in alleviating flooding; emphasizing there reluctance to further hinder the landscapes ability to absorb water. Supervisor O'Keeffe asked the Arnow's, if they would be willing to plant trees to replace those being removed. The Board discussed how many trees would need to be planted in order to achieve the same effect of the two being removed. The Arnow's were encouraged to have a further evaluation of how many trees they should plant as replacement, and to come back before the Board with that determination. Councilwoman Seligson stated her apprehension in the removal of these trees, emphasizing that even with a proposal for replacement she may be reluctant to overturn the Tree Commission's decision not to issue a tree removal permit. The Board agreed to hold off on a final decision until September 5rd, at which time the Arnow's will have a tree replacement proposal for the Board to review. 2. Appointment— Human Rights Commission The Board was unable to discuss this matter during work session, due to the large number of items on that agenda. Therefore, this item was held over. 3. Authorization — Town Assessor On motion of Councilwoman Wittner, seconded by Councilman Fishman, the following was approved, WHEREAS, Pursuant to Section 310 of the Real Property Law appointed Assessors have a term of six years. The next term of office for Susan M. Thomas will begin on October 1, 2007 and run through September 30, 2013. 6 AUGUST 8, 2007 NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby appoint Susan M. Thomas to the position of Town Assessor of the Town of Mamaroneck, to serve a term of office effective October 1, 2007 and terminating on September 30, 2013. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 4. Authorization — Retainer Agreement Legal Counsel Mr. Altieri introduced Kevin G. Ryan, with an overview of his credentials and qualifications. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement between the Town of Mamaroneck and Kevin G. Ryan, Attorney At Law, LLC to provide legal services, to the Town's Planning Board and Zoning Board of Appeals for the period of August 1, 2007 through July 31, 2008, at an annual retainer of $45,000.00. If either Board shall meet more than once in a single month, or more than one staff meeting is held in a month, the Town shall pay an additional fee of five hundred dollars ($500.00) per meeting, 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: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. Authorization — Renewal of Lease Agreements, Dorf Law Firm & Goodnight Family LLC On motion of Councilman Odierna, seconded by Councilwoman Wittner, the following was approved; WHEREAS, unneeded portions of the Town Center building are leased to private parties and public entities to generate revenue for the Town. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the lease agreement between the Town 7 AUGUST 8, 2007 of Mamaroneck and Jon Dorf, LLP, for five years as follows: 2007/2008 $35,225.00 2008/2009 $36,630.00 2009/2010 $38,095.00 2010/2011 $39,625.00 2011/2012 $41,205.00 and BE IT, FURTHER RESOLVED, that the Town of Mamaroneck has incorporated a termination clause into the lease agreement, should the Town Center's space needs change, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said Lease Agreement on behalf of the Town of Mamaroneck. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilwoman Wittner, seconded by Councilman Fishmam, the following was approved; WHEREAS, unneeded portions of the Town Center building are leased to private parties and public entities to generate revenue for the Town. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the lease agreement between the Town of Mamaroneck and Goodnight Family LLC, for five years as follows: 2007/2008 $ 17,015.00 2008/2009 $ 17,695.00 2009/2010 $ 18,400.00 2010/2011 $ 19,135.00 2011/2012 $ 19,900.00 and BE IT, FURTHER RESOLVED, that the Town of Mamaroneck has incorporated a termination clause into the lease agreement, should the Town Center space needs change, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said Lease Agreement on behalf of the Town of Mamaroneck. 8 AUGUST 8, 2007 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 6. Ratification — Stipulation of Settlement—Police Department On motion of Councilwoman Wittner, seconded by Councilman Fishman, the following was approved; STIPULATION OF AGREEMENT made and entered into this 16th day of July 2007 by and between the negotiating committees for the Town of Mamaroneck and the Town of Mamaroneck Police Benevolent Association, 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, 2006, and; WHEREAS, the parties have arrived at a tentative agreement; NOW, THEREFORE, 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. V. Unless otherwise noted, all dates involving the duration of the agreement shall be confirmed to the duration of the negotiated agreement. Article 7: Hours of Work Section 6 (e) Amend to read: In October of each year the Police Department will establish the work schedule for the following year. Members may at that time request to work the Category 2 (Midnight tour 0001 hrs- 0800 hrs) schedule. The Police Chief, at his sole discretion, shall select the employees to be assigned to the Category 2 work schedule from the list of those who have applied to work that schedule. All employees shall be notified no later than December 10 of each year of their assigned work schedules. If an insufficient number of employees request the Category 2 (Midnight tour) work schedule, employees with the rank of Police Officer will be assigned to the schedule on a reverse seniority basis beginning with the most junior member of the Police Department. Article 8: Overtime and Premium Time 9 AUGUST 8, 2007 Section 8 (a) Amend to read: Employees agree to work up to 48 hours of training per year at the regular hourly rate of pay. All training sessions will be 8 hours. All hours of training above 48 hours will be paid at the overtime rate. Delete Section 8 (b) entirely and make 8(c), 8(b) Replace 3(b) with: If the Town receives reimbursement for overtime expenses from a third party, overtime work will be offered in accordance with the Stipulation of Agreement attached to this contract. Article 12: Longevity Pay Section 1 Amend to Read: Effective 1/1/2007, the following longevity scale will apply. This applies to current as well as future employees: Employees with over 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$1,000 in that calendar year and thereafter until they compete eleven (11) years of employment. Employees with (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$2,000 until they complete fifteen (15) years of employment. Employees with fifteen (15) years or more of service as of their anniversary date of employment in any year will receive a payment of$3,000 in that calendar year and thereafter. Article 13: Professional Development Section 3 (b) Amend to read: Effective 1/1/08 the Town shall reimburse for the cost of tuition for six courses per calendar year according to the following schedule. The first three (3) courses shall be reimbursed at the prevailing rate of the academic institution. The second three (3) courses shall be reimbursed at the prevailing tuition rate charged by the State University of New York (SUNY) at Albany, New York Department of Criminal Justice. Specifically excluded from the reimbursement are all application fees, registrations fees, lab fees, and the cost of instructional material. Article 16: Insurance and Pensions Section 1 (a) Amend to read: The Town of Mamaroneck will provide medical and hospitalization insurance known as the Empire Plan or a medical plan providing comparable benefits. The Benefit plan will be provided to all employees, eligible spouses, domestic partners and dependants. The Benefit plan will be provided to all employees and their eligible dependants during their employment with the Town of Mamaroneck and will continue upon retirement. Employees hired after January 1,2000 will contribute toward the cost of the medical and hospitalization insurance in effect according to the following schedule: Employees hired after January 1, 2000 receiving family coverage shall pay $1,875 annually on a payroll deduction basis effective 1/1/08, and $2,000 annually effective 1/1/2010 for a period of ten (10) years that coverage is provided to the employee. 10 AUGUST 8, 2007 Employees hired after January 1, 2000 receiving individual coverage shall pay $1,375 annually on a payroll deduction basis effective 1/1/08, and $1500 annually effective 1/1/2010 for a period of ten (10) years that coverage is provided to the employee. New Section: Effective 1/1/08, employees hired after that date who retire from the Town of Mamaroneck Police Department must have worked a minimum of fourteen (14) consecutive years (including authorized leaves of absence) to be eligible for 100% coverage of the cost of the medical and hospitalization insurance. For employees retiring with less than fourteen (14) consecutive years of service, the following schedule shall apply: 0 to 5 years: no coverage 6 to 13 years: 50% of the cost of coverage 14 + years: 100% coverage Retirees who are required to contribute towards medical and hospitalization insurance shall be billed in January of each year for the full amount of the employee's share of medical and hospitalization insurance. Retirees failing to remit payment to the Town within ninety (90) days of the date of the billing shall have their medical and hospitalization insurance cancelled. Employees receiving a performance related disability retirement from the New York State Retirement System shall receive medical and hospitalization insurance coverage and shall not be subject to the fourteen (14) year employment period. Section 2 (b) Add: Effective 1/1/08, the Town shall provide $125 per month per employee for dental coverage. Effective 1/1/09, the Town shall provide $130 per month per employee for employee dental coverage. Section 3 (b) Amend to read: Effective 1/1/2008 the Town of Mamaroneck will, at its expense, provide 100% medical and hospitalization insurance coverage to the spouse/domestic partner and eligible dependents of an employee whose death occurs in the line of duty as a police officer for the Town of Mamaroneck. Additionally, the Town will provide 75% of the cost of family coverage and 100% of the cost of individual coverage for all medical and hospitalization insurance to the spouse/domestic partner and eligible dependents of an active or retired employee whose non line of duty death occurs until the spouse or domestic partner reaches the age of eligibility for Medicare coverage. Article 17: Uniforms and Clothing Section 1 Amend to read: Effective 1/1/08, each member shall be entitled to a payment of$175 each year for the purpose of purchasing one pair of shoes. Section 4 Effective 1/1/08, the clothing allowance for detectives shall be increased to $1,600. Article 19: Salary Administration Section 1 the following annual salary structure shall apply to the Police Department Officers: 1/1/07 3.75% 11 AUGUST 8, 2007 1/1/08 3.85% 1/11/094.1% 1/11/1104.1% In addition to the percentage increases, the following ranks shall receive the increments listed below, added to their base salaries: Executive Lieutenant—Salary differential to increase to $3,000 (07) Lieutenants $1,000 (07) $1,000 (09) Detectives $700 (07) $ 700 (09) Sergeants $250 (07) Article 20: General Provisions Section 20 Annual Physical Amend to read: Employees shall have the right to receive one (1) complete physical examination each year for which the Town shall reimburse the employee a maximum of$500. If the results of the physical exam reveal a condition that may affect the employee's ability to complete the duties of a police officer, the results of the exam will be provided to the Chief of Police. An employee may apply all or a portion of the physical examination allowance towards an eye examination, purchase of eyeglasses, membership at a gym or fitness center, or a total body scan. Article 23 Duration Section 1: Amend to read: This agreement shall be in effect on January 1, 2007 and shall remain in effect through December 31, 2010. NOW THERFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby authorize the Stipulation of Agreement between the Town of Mamaroneck and the Town of Mamaroneck Police Benevolent Association, and BE IT FURTHER, RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said Agreement on behalf of the Town. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 7. Authorization — Data Sharing Agreement, Westchester County On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Data Sharing Agreement between the Town of Mamaroneck and Westchester County to share data in connection with their respective GIS programs, and 12 AUGUST 8, 2007 BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute the form of agreement as approved by the Town Attorney on behalf of the Town of Mamaroneck. 8. Resolution — Change December 3, 2007 Town Board Meeting On motion of Councilwoman Wittner, seconded by Councilman Fishmam, the following was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve changing the scheduled Town Board meeting from December 3, 2007 to December 6, 2007 at 8:15 in the Town Center Courtroom. 9. Authorization- Settlement of Litigation On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was approved; WHEREAS, by resolution dated December 6, 2006, the Town Board authorized the commencement of litigation against Alexander Gizzo to recover the benefits which the Town of Mamaroneck had paid to Mr. Gizzo pursuant to section 207-c of the NY General Municipal Law from December 1997 to June 17, 2004; and WHEREAS, such litigation was commenced on March 27, 2007; and WHEREAS, Mr. Gizzo responded by denying the allegations made in the Town's complaint and by asserting two counterclaims against the Town for allegedly violating his rights under the United States Constitution; and WHEREAS, counsel for the Town negotiated a settlement, subject to Town Board approval, whereby Mr. Gizzo will discontinue his claims against the Town, execute and deliver a general release releasing the Town from any obligations it may have to him, pay the Town fifty thousand and no/100ths ($50,000.00) dollars in six (6) equal installments payable over approximately two and one-half (2%) years and secure his obligation to pay by executing an affidavit for judgment by confession which will be held in escrow by the Town's counsel until such time as Mr. Gizzo may default at which point the Town's counsel would file the affidavit in the office of the Westchester County Clerk and a judgment would be entered against Mr. Gizzo for the amount then due plus interest; and WHEREAS, under the terms of the settlement, the Town would execute a general release releasing Mr. Gizzo from any obligations he may have to it but would deliver that release to the Town's counsel to be held in escrow until Mr. Gizzo paid the full fifty thousand and no/100ths ($50,000.00) dollars to the Town; and WHEREAS, the terms of the settlement are embodied in a Stipulation of Settlement dated August 2, 2007 ("Stipulation") which already has been signed by Mr. Gizzo; and WHEREAS, counsel for the Town has recommended that the Town Board approve this settlement for a variety of reasons, including such factors as: the difficulty in proving that 13 AUGUST 8, 2007 Mr. Gizzo was capable of performing the duties of a Mamaroneck police officer during the entire period at issue, the cost to the Town in preparing for and conducting a trial, the uncertainty of whether any judgment rendered against Mr. Gizzo could be collected and the impact of recent case law on the Town's claim. Now, on the motion of Councilwoman Wittner, seconded by Councilman Odierna, be it RESOLVED, that it is in the best interest of the Town of Mamaroneck to settle its litigation against Alexander Gizzo under the terms of the Stipulation; and it is further RESOLVED, that the Town Board approves the terms of the Stipulation and agrees that the Town will be bound by it; and it is further RESOLVED, that the Town Administrator of the Town of Mamaroneck, on behalf of the Town, is authorized to execute the Stipulation and the general release which is attached to the Stipulation as exhibit 1 and to deliver both documents to William Maker, Jr., the attorney for the Town; and it is further RESOLVED, that William Maker, Jr. is authorized to execute the stipulation discontinuing the litigation brought by the Town against Mr. Gizzo in the Westchester County Supreme Court under index number 07-05228 and the stipulation discontinuing the litigation brought by the Town against Mr. Gizzo in the Westchester County Supreme Court under index number 05- 04240 (exhibits 3 and 4 to the Stipulation); and it is further RESOLVED, that the Town Board approves William Maker, Jr. acting as the escrowee under the Stipulation; and it is further RESOLVED, that William Maker, Jr., as attorney for the Town, is directed to apply to the Supreme Court of the State of New York in and for the County of Westchester pursuant to section 68 of the NY Town Law for an order approving this settlement The above resolution was put to a roll call vote with the members of the Town Board voting as follows: The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 10. Approval of Certiorari On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Joseph Repaglia 307-311 Mamaroneck Avenue Mamaroneck, NY 10543 Block: 906 Lot: 36 14 AUGUST 8, 2007 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2003 $30,000 $21,000 2004 $30,000 $21,000 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Dai Da Realty 349-5 5 Mamaroneck Avenue Mamaroneck, NY 10543 Block: 906 Lot: 8 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2001 $24,700 $22,000 2002 $24,700 $19,000 2003 $24,700 $18,000 2004 $24,700 $18,000 2006 $24,700 $18,000 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilman Odierna, seconded by Councilman Fishman, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Stephen DeRosa 118-120 Mamaroneck Avenue Mamaroneck, NY 10543 Block: 913 Lot: 242 15 AUGUST 8, 2007 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2004 $12,000 $9,000 2005 $12,000 $6,000 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Salvatore DeRosa and Luigi Ruggerio 323-29 Mamaroneck Avenue Mamaroneck, NY 10543 Block:906 Lot: 23 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2001 $79,400 $79,400 2002 $79,400 $79,400 2003 $79,400 $43,000 2004 $79,400 $43,000 2005 $79,400 $43,000 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilman Fishman, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Sound Federal Savings and Loan Association 300 Mamaroneck Avenue Mamaroneck, NY 10543 Block: 907 Lot: 140 Town of Mamaroneck/Village of Mamaroneck 16 AUGUST 8, 2007 Year Current Assessment Reduced Assessment 2004 $55,000 $39,600 2005 $55,000 $37,450 2006 $55,000 $37,400 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 11. Authorization - School Tax Warrant On motion of Councilwoman Seligson, seconded by Councilman Fishman, it was TOWN OF MAMARONECK SCHOOL TAX WARRANT FOR THE YEAR 2007 STATE OF NEW YORK ) COUNTY OF WESTCHESTER) TO: Receiver of Taxes of the Town of Mamaroneck in said County YOU ARE HEREBY COMMANDED, to receive and collect from several persons named in the assessment roll of the Union Free School District in the Town of Mamaroneck, hereunto annexed and herewith delivered to you, the sum of the School Taxes of said School District set opposite their respective names in accordance with provision of Chapter 852 of the Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 8, 2007. YOU ARE HEREBY COMMANDED, to deposit all such monies so collected by you in virtue of the warrant, to the credit of the Town of Mamaroneck, into the JP Morgan Chase Bank, N.A., as provided by said Chapter 852 of Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and resolution adopted by the Town Board of the Town Of Mamaroneck on August 8, 2007, such taxes being levied against the said School District for the year 2007 for the following purposes, viz: APPROPRIATIONS Program Component $79,018,887.00 Administration Component 10,869,180.00 Capitol Component 20,527,585.00 TOTAL APPROPRIATIONS $110,415,652.00 ESTIMATED RECEIPTS Revenue-Other Districts & Governments $724,000.00 Revenue form Local Sources 285,000.00 Interest on General Fund Investments 295,000.00 State Aid 7,500,000.00 Refund of Prior Expenses 50,000.00 17 AUGUST 8, 2007 Appropriated Fund Balance 1,300,000.00 County Sales Tax 950,000.00 TOTAL REVENUES $11,104,000.00 TOTAL WARRANT AMOUNT $ 99,311,652.00 LESS AMOUNT TO BE PAID BY STATE (STAR PROGRAM) $ 9,198,224.94 NET AMOUNT TO BE RAISED BY TAXATION $ 90,113,427.06 AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor of the said Town, as required by Chapter 852 of the Laws of 1948 (Title 16), and the acts amendatory thereof, and supplemental thereto, including the amendment made by Chapter 286 of the Laws of 1962 and the resolution adopted by the Town Board of Mamaroneck, on August 8, 2007, the reports provided for by said Law. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of said Town to be hereunto affixed this 8th day August 2007. VALERIE MOORE O'KEEFFE SUPERVISOR TOWN OF MAMARONECK TOWN OF MAMARONECK SCHOOL TAX WARRANT FOR THE YEAR 2007 STATE OF NEW YORK ) COUNTY OF WESTCHESTER) TO: Receiver of Taxes of the Town of Mamaroneck in said County YOU ARE HEREBY COMMANDED, to receive and collect from the several persons named in the assessment roll of Union Free School District in the Towns of Scarsdale and Mamaroneck, Scarsdale, New York, hereunto annexed and herewith delivered to you, the sum of the School Taxes of said School District set opposite their respective names in accordance with provision of Chapter 852 of the Laws of 1948 (Title 16), and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 8, 2007. AND YOUR ARE HEREBY DIRECTED, to deposit all such monies so collected by you in virtue of the warrant, to the credit of the Town of Mamaroneck, into the JP Morgan Chase Bank, N.A., as provided by said Chapter 852 of the Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 8, 2007, such taxes being levied against the said School District for the year 2007 for the following purpose, viz: APPROPRIATIONS General Support $ 14,341,033.00 Pupil Transportation 3,314,720.00 Community Services 330,846.00 Undistributed Expense 36,268,053.00 Instructional Services 68,965,753.00 Excel Project Grant 1,632,000.00 18 AUGUST 8, 2007 TOTAL APPROPRIATIONS $ 124,852,405.00 ESTIMATED RECEIPTS Boundary Line Taxes $ 174,368.00 Tuition-Special Education 86,300.00 Prior Year Surplus 4,148,389.00 State Aid 7,393,462.00 Parochial Health 239,174.00 Interest from Investments 2,519,656.00 Building Use Fees 115,205.00 Miscellaneous 78,246.00 County Sales Tax Distribution 897,890.00 Transfer from Reserve 21,250.00 Transfer from Debt Service Reserve 363,000.00 to Capital Projects Fund TOTAL REVENUES $ 16,036,940.00 TOTAL WARRANT AMOUNT $ 108,815,465.00 TOWN OF MAMARONECK SHARE $ 4,722,459.27 LESS AMOUNT TO BE PAID BY STATE (STAR PROGRAM) $ 259,064.83 NET AMOUNT TO BE RAISED BY TAXATION $ 4,463,394.44 AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor of the said Town, as required by said Chapter 852 of the Laws of 1948 (Title 16), and the acts amendatory thereof, and supplemental thereto, including the amendment made by Chapter 286 of the Laws of 1962 and the resolution adopted by Town Board of the Town of Mamaroneck, on August 8, 2007, the reports provided for by said Law. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of said Town to be hereunto affixed this 8th day of August 2007. VALERIE MOORE O'KEEFFE SUPERVISOR TOWN OF MAMARONECK The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 12. Set Public Hearing - Public Housing Agency - Section 8 Administrative Plan On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby set the date for a public hearing to review the Town of Mamaroneck's Public Housing Agency Annual PHA plan for Fiscal year 2008 for October 3, 2007, and BE IT FURTHER, 19 AUGUST 8, 2007 RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said notice be posted. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 13. Salary Authorization — Highway Department Recreation Highway On motion of Councilwoman Seligson, seconded by Councilman Fishman, it was RESOLVED, that the Town Board does hereby authorize the appointment of Anthony Reggina as a Motor Equipment Operator II effective August 13, 2007 at annual salary of$50,048.00. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye Recreation On motion of Councilman Odierna, seconded by Councilwoman Wittner, 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: William Berger- Bailey, Lifeguard, Hommocks Pool, $8.25/hour, effective 8/6/07. Louis Sobel, Lifeguard, Hommocks Pool, $8.00/hour, effective 8/6/07. Frank Commrade, Maintenance Assistant, Hommocks Park Ice Rink, $11/hour, effective 8/6/07. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 16. Set Public Hearing —Water District No.1 Increase and Improvements of Facilities - $210,000.00 Bonds On motion of Councilwoman Wittner, seconded by Councilman Fishmam, the following was unanimously approved; 20 AUGUST 8, 2007 In the Matter of ORDER The Increase and Improvement of CALLING the Facilities of Water District No. 1, PUBLIC in the Town of Mamaroneck, HEARING Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the Town's share of the cost of the reconstruction of the Larchmont Water Plant (Project A-1207A of the Westchester Joint Water Works), including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of$210,000; and WHEREAS, said capital project has been determined to be a 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 call a public hearing on the question of the increase and improvement of the facilities of said Water District No. 1, in the matter described above at the maximum estimated cost of$210,000, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held at the Town Hall, in Mamaroneck , New York, in said Town, on August 28, 2007, at 2:15 o'clock P.M., Prevailing Time, in the Town Center Courtroom, on the question of the increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the Journal News, the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. 17. Set Public Hearing —Amendment to the Tree Law On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously; RESOLVED, that the Town Board does hereby set the date for Public Hearing on the Date for Issuing Certain Permits for the Removal of Trees for September 5, 2007, and BE IT FURTHER, 21 AUGUST 8, 2007 RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said notice be posted. 16. Set Public Hearing —Amendment to Chipping Law On motion of Supervisor O'Keeffe, seconded by Councilman Odierna, it was unanimously RESOLVED, that the Town Board does hereby set the date for public hearing on the Amendment to the Chipping Law for September 5, 2007, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said notice be posted. ORAL COMMUNICATIONS Abby Freeman, Larchmont Garden's Civic Association, asked the Board to give updates on the train station parking lot stairwell, the paving project at the Brook, the Spring planting schedule for the Brook as well as the Garden's Lake Pond. Mr. Altieri responded, stating the curbing at Lansdowne should be completed by August - a planting schedule had yet to be determined, and the Pond project was in the hands of the County. Ms. Freeman also questioned the pedestrian signage at the newly renovated intersection at Myrtle Blvd. and N. Chatsworth Ave. Supervisor O'Keeffe responded, stating that minor changes will be made after further assessments are made. WRITTEN COMMUNICATIONS Councilwoman Wittner read from the Open Meetings Law, highlighting that the Town has no obligation to insert full text of written communications. Mr. Maker was asked to comment. He stated that yes, that is correct, but the Town has always prided itself on elaborating more fully. APPROVAL OF MINUTES June 6, 2007 June 20, 2007 July 11, 2007 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meetings of, June 6, 2007. The above resolution was put to a roll call vote: Fishman Abstain Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 22 AUGUST 8, 2007 On motion of Councilwoman Seligson, seconded by Councilwoman Fishman, it was unanimously, RESOLVED, that the Town Board does hereby approve the Board minutes from the meetings of, June 20, 2007 & July 11, 2007. SUPERVISOR REPORTS Supervisor O'Keeffe stated that due to the early hour that the Board began its meeting she would abstain from any further comments. She did, however, report that the Senior Center at the VFW was open and in full swing. REPORTS OF THE COUNCIL Councilman Odierna attended a flood meeting with Bonnie Way residents on July 18, the Town of Mamaroneck Special Meeting on August 6, and the Recreation Commission on August 7. He reported that the Memorial Concerts are a great success. Councilwoman Wittner attended the ceremony at the Hommocks Park Apartments July 17, at which the Town received its first payment in lieu of taxes in the amount of$40,000. Councilwoman Seligson also attended the Town Board Meeting on August 6, with the Village of Larchmont regarding the Renovation Project at Flint Park. She attended, along with Steve Altieri and Liz Paul, a meeting regarding the installation of the guardrail along Old White Plains Road in conjunction with the Greenway Path. She attended the Zoning Board of Appeals meeting on July 27. She noted that she was very busy this summer working on many water issues. Councilman Fishman stated he was glad to see the Town and Village working closely together regarding playing fields. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, the meeting was unanimously adjourned at 11:35 into Executive Session to receive advice of Counsel on a potential Contract. Submitted by Christina Battalia, Town Clerk 23