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HomeMy WebLinkAbout2008_06_18 Town Board Minutes JUNE 18, 2008 REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING —Wednesday, June 18, 2008 in the Town Center Court Room at 8:15 PM THE TOWN BOARD WILL CONVENE — at 5:00 PM into a Work Session to discuss No Left Turn — Pengilly Drive, Garden's Lake Restoration, Consolidation of Section 8 Programs, Update — Parking Lots 1&3 and Proposed Legislation Lot Coverage & Setbacks REQUEST FOR EXECUTIVE SESSION — at 7:30 PM to discuss Employment History RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PROCLAMATION - Mamaroneck High School 2008 Varsity Baseball Team PUBLIC HEARING — Moratorium on the Installation of Large Propane Tanks (to be adjourned to July 9th) BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN 1. Adoption of Bond Resolution - Larchmont Library Improvements 2. Adoption of Bond Resolution - Construction of Railroad Stairwell 3. Authorization — Transfer of Larchmont Village Senior Center Bus 4. Authorization Indemnification Agreement Town of Harrison Police Pistol Range 5. Set Date for August Town Board Meeting 6. Salary Authorization — Senior Bus Drivers Administrative Office Recreation 7. Report- Elizabeth Paul, Town of Mamaroneck Environmental Coordinator 8. Referral —to the Planning Board — Local Law "Clarification of Lot Coverage and Setbacks for Certain Improvements" APPROVAL OF MINUTES: May 21, 2008 &June 4, 2008 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERKS REPORT NEXT REGULARLY SCHEDULED MEETINGS —July 9, 2008 &August 6, 2008 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 JUNE 18, 2008 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JUNE 18, 2008 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 David J. Fishman ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney WORK SESSION No Left Turn - Pengilly Drive Trustee Marianne Sussman of the City of New Rochelle and New Rochelle resident Mitchell Tarnopai, addressed the Board. Trustee Sussman stated the continued concerns with Pengilly Drive being used as a cut through for drivers avoiding the light at Weaver Street and Quaker Ridge. She noted the report of 2002, by Jeffrey C. Coleman, P.E., Manager of Traffic Engineering for the City of New Rochelle with regard to this matter. They also believe that additional pedestrian traffic is likely due to the opening of the Greenway Trail. Trustee Sussman is asking the Town of Mamaroneck to prohibit or limit left turns from Weaver Street onto Pengilly Drive. The Town stated their concerns with prohibiting or limiting left turns. For one, there are a number of Mamaroneck residents living on Pengilly Drive who would not be able to access their homes without going to Quaker Ridge Road; an obvious inconvenience to Mamaroneck residents. The Board also stated that until the intersection at Weaver and Quaker Ridge is addressed and traffic congestion is relieved, Pengilly Drive is a viable alternative. The Board is reluctant to place a no left turn onto Pengilly Drive, but is willing to help re-initiate conversations with the County regarding the Weaver Street and Quaker Ridge intersection. The Board would like the Town Traffic Committee to review this matter. Gardens Lake Restoration AKRF Engineering was named the new engineers by Westchester County for the Gardens Lake Project. AKRF Engineers has proposed several alternative plans for the restoration project. The Board reviewed four(4) alternatives as follows: 1A - Hydraulic Dredging with Wetland Shelf(dredging of 2,500 yards of material) 1B - Hydraulic Dredging with Wetland Shelf(dredging of 6,500 yards of material) 2 - Dam Removal with Off-Line Pond 3 — Dam Removal and Creation Meadow and Floodplain The Board reviewed the major implications of each of these alternatives and discussed which plan(s) would be submitted to the County for Flood Grant monies. Consolidation Section Programs Anna Danoy, Director of Community Services, addressed the Board regarding her meeting with the Village of Mamaroneck. The Village and Town are discussing consolidating Community Services. Ms. Danoy also met with the County regarding the Village of Mamaroneck funding and whether that would continue with consolidation. 2 JUNE 18, 2008 Town and Village Assessor Supervisor O'Keeffe gave the Board an update on the letter the Board sent to the Village of Larchmont regarding the shared position of the Assessor. The Village has responded that it will discuss sharing of the assessment roll once revaluation is done. The Town will now notify the Mayor of the cost of hiring a part-time person to maintain Larchmont's rolls. On motion of Councilwoman Wittner, seconded by Councilman Fishman, the Board unanimously agreed to enter into Executive Session to discuss employment history EXECUTIVE SESSION Employment History On motion of Councilwoman Wittner, seconded by Councilman Fishman, the Board unanimously agreed to resume Work Session Update — Parking Lots The Town Clerk gave the Board an update on the relocation of the 24 Hour Parking Permit holders from Lot# 3. Plans are ready and notification is going out for the temporary relocation of parkers to Vine Street and Baldwin Avenue. Lot Coverage and Setbacks The Board discussed the proposed "Clarification of Lot Coverage and Setbacks for Certain Improvements" Law. This law was introduced based on communications from the Zoning Board of Appeals with respect to inconsistency within the Zoning Code. As set forth by Town Code, the Board will be referring this to the Planning Board at this evening's regular meeting. Communication from Robin Hiles Briganti Ms. Briganti would like the Board to consider allowing a resident with a 24 Hour Parking Permit to interchange two different vehicles within the same household. The Board felt this was a decision for the Town Clerk's Office and advised her to look into this further. Road Openings Councilwoman Wittner would like the Town to review its policy regarding road openings. She is unhappy with the way roads are currently being restored, once work is completed by the permit holder. She noted in White Plains, if a road is opened the paving repair is made from sidewalk to sidewalk thus creating a 'nicer' looking repair. Mr. Altieri stated that this is not done in White Plains for all road openings. Revaluation Report by Frey Appraisal Services The Board reaffirmed that an Executive Summary will be added as a preface to the report before it is distributed to the other municipalities. Planning Board Councilwoman Seligson noted at the June 11th Planning Board Meeting, an application from the owners of 4 Rocky Hollow for the installation of a tennis court within the wetland buffer zone and a small piece in the wetland. Councilwoman Seligson further noted the site has a County sewer line easement which would require County approval, as well as, a question regarding a Town easement. The Board would like to further review the original resolutions between the Town and the Rocky Hollow Subdivision. 3 JUNE 18, 2008 Bill Maker was asked to review the original resolution regarding the properties and report back to the Board. The Planning Board will be referring this application to the Coastal Zone Management Commission. CALL TO ORDER 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 welcomed the many guests in attendance, Village of Larchmont Mayor Elizabeth Feld, Village of Mamaroneck Trustees Tom Murphy, Toni Ryan and Randy Robinowitz. PROCLAMATION - Mamaroneck High School 2008 Varsity Baseball Team Village of Mamaroneck Trustee and Deputy Mayor Tom Murphy read the following proclamation: VILLAGE OF MAMARONECK PROCLAMATION MAMARONECK HIGH SCHOOL BASEBALL TEAM CLASS AA NEW YORK STATE CHAMPIONS WHEREAS, the Village of Mamaroneck is very proud to recognize the achievements of the Mamaroneck High School Baseball Team in winning the Class AA New York State Baseball Championship; and WHEREAS, their victory over Massapequa High School by a score of 6 to 3 made Mamaroneck the first large school team from Westchester to win a state title in baseball, and WHEREAS, we further congratulate our very own Coach Mike Chiapparelli and his players in becoming the first boy's team in the school's history to win a state championship in any sport, NOW, THEREFORE, BE IT RESOLVED, that in recognition of their outstanding achievement we hereby declare, Wednesday, June 18, 2008 as MAMARONECK HIGH SCHOOL VARSITY BASEBALL TEAM CLASS AA STATE CHAMPIONSHIP DAY In the Village of Mamaroneck. Kathleen Savolt, Mayor Thomas Murphy, Deputy Mayor John Hofstetter, Trustee Toni Pergola Ryan, Trustee Randi Robinowitz, Trustee Attested to by: Agostino A. Fusco, Clerk-Treasurer Village of Larchmont Mayor Elizabeth Feld read the following proclamation: PROCLAMATION WHEREAS, the Mamaroneck High School Varsity baseball team started its training for the 2008 season in February, dedicating winter evenings to running around the school's Post Road gym and up and down the stairs to condition themselves for the season ahead; and WHEREAS'. March came in like a "Tiger" with the MHS squad "roaring" to 14 straight wins to open their season; and 4 JUNE 18, 2008 WHEREAS, though the streak was snapped by Don Bosco Prep in May, that set back could not deter the team from their mission, playing with the resiliency instilled by their coach Mike Chiapparelli, the Tigers rolled off 10 consecutive wins to clinch first place in the section; and WHEREAS,following a re-match with Carmel, and a very exciting game with R.C. Ketchum, the team's playoff hopes were kept alive, and they advanced to the Sectional Finals against Suffern on June 4; and WHEREAS, in front of their fans, the Mamaroneck Varsity baseball team took on rival Suffern in the Sectional Finals, where they outscored Suffern by a margin of 12-1, thanks to great pitching, outstanding hitting, and exceptional fielding skills displayed during the game; and WHEREAS, the team, again with many of its loyal fans, traveled to the State championships in Binghamton where they triumphed over LaSalle Academy and then Massapequa High School to capture the Class AA State championships; NOW, THEREFORE, I, Elizabeth N. Feld, Mayor of the Village of Larchmont, to hereby proclaim Thursday, June 19, 2008 as MAMARONECK HIGH SCHOOL VARSITY BASEBALL TEAM DAY in the Village of Larchmont. With their skill, talent and unrivaled spirit, the MHS varsity baseball team distinguished itself playing the "National Pastime" in the truest sense,for the love of the "Game". We take pride in their achievements and congratulate each player and coach on a job well done! Elizabeth N. Feld, Mayor Dated: Larchmont, New York June 21, 2008 Town of Mamaroneck Town Supervisor Valerie M. O'Keeffe read the following proclamation PROCLAMATION MAMARONECK HIGH SCHOOL 2008 VARSITY BASEBALL TEAM WHEREAS: On June 14, 2008 the Mamaroneck High School Tigers Varsity Baseball Team, New York State Section 1 Champions, defeated Massapequa High School in the final_game of the New York State Class AA Championship Game in Binghamton, NY, to earn the title of New York State High School Baseball Champions; and WHEREAS: The core of this very talented baseball squad has trained and played together since they were 9 years old, developed their skills with kickball, T-ball, Coach-Pitch divisions and moved on to distinguished and highly competitive play in all of the Larchmont Mamaroneck Little League's divisions; and WHEREAS: The Town of Mamaroneck was fortunate to have an energetic resident with a college baseball pedigree and a deep passion for coaching, a keen eye for talent development, and who had his afternoon hours free given his vocation as a wholesale florist. Assistant Varsity Coach Joe Glaser worked tirelessly as the coach of their special travel team through hundreds of games, accumulating victory after victory, tournament title after tournament title, preparing them for the grueling battles to come at the state championship level, and WHEREAS: The Mamaroneck Schools system has been blessed with 29 years of the dedication, aggressive third-base coaching, and the "bionic"batting 5 JUNE 18, 2008 practice pitching arm of Coach Mike Chiapparelli("Chap"), who just a few months ago also coached the Tigers Varsity Hockey team to a State Sectional Championship. His diligent training and conditioning program beginning with 6 a.m, running practices each December clearly benefited his team as they vanquished 2 of the State's most hallowed baseball programs on a hot, humid, and rainy day in Endicott and also successfully tested the stamina of the parents of his players as they dutifully drove them to their early morning sessions; and WHEREAS: The Town is grateful for the talent and leadership of High School Athletic Director Bari Suman, who has brought home 2 state championships in her short 4-year tenure at MHS- the Varsity Girls' Field Hockey in 2004 and now the 2008 Varsity Baseball Team Championship; and NOW, THEREFORE, BE IT RESOLVED, that 1, Valerie Moore O'Keeffe, Supervisor of the Town of Mamaroneck, and the Town Board members hereby congratulate the Mamaroneck Tigers 2008 Baseball Team for winning the New York State Class AA Championship Game earning the title of New York State High School Baseball Champions. 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 June 2008. Players:Andrew Benkwitt, Dean Chiapparelli, Chris Dearwester, Greg Denyssenko, Max Frankel, Ryan Gerspach, Christian Glaser, Luke Glaser, Sam Gruppo, Scott Hagan, Sean Hagan, Max Holiber, James Hosey, Gabe Klein, Dan Luzzi, Rich Macdonald, Matt McGovern, Nick Mezansky, Mike Miller, Taylor Mondeshein, Mike Regan, Mike Rosenfeld, Matt Seid, Chris Tofalli, Stephen Van Eyck, Jason Weitzman, Eric Windsor, and Jordan Zelin. Coach Mike Chiapparelli, Manager Matt Levinson, Assistant Coaches Joe Glaser, Lew Arias, William Byron, Kurt Jachner, Bob Lowman, Don Novik, Jeff Quiros, and Craig Santangelo. Valerie Moore O'Keeffe, Supervisor Phyllis Wittner, Councilwoman Ernest C. Odierna, Councilman Nancy Seligson, Councilwoman David Fishman, Councilman Attested to by. Christina Battalia, Town Clerk PUBLIC HEARING— Moratorium on the Installation of Large Propane Tanks The following notice of Public Hearing was entered into the record: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on June 18, 2008, 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 "Moratorium on the Installation of Large Propane Tanks" Law. Purpose Over the Memorial Day weekend, a leaking underground propane tank was detected. Due to the professionalism of the Town's personnel, the propane tank was emptied and the leaking gas burned off without injury either to person or property. If this corrective action had not been taken, the tank may have exploded and caused damage not only to the home on which the tank was installed but to neighboring properties and people as well. Because of the poor condition of the tank, it took over 24 hours for the gas to be burned off. Throughout this time, Town personnel were required to remain on site, causing the Town to incur thousands of dollars in overtime compensation. The cost would have been even higher had not so many of the responders been volunteers willing to sacrifice their time on a holiday weekend. This incident has alerted the Town Board to the necessity of examining the use of propane and other hazardous substances within the Town, and if warranted, developing regulations to control such use and a procedure for recovering the cost incurred by the Town for responding to the discharge of propane or other hazardous substances within 6 JUNE 18, 2008 the Town. In order to study the issue, the Town Board has determined that it is necessary to impose a moratorium upon the installation of propane tanks with a capacity for 50 or more pounds of propane. 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. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: June 10, 2008 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Town Board does hereby adjourn the Public Hearing on the Moratorium on The Installation Of Large Propane Tanks to the next scheduled meeting of July 9, 2008. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Wittner, seconded by Commissioner Odierna, 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: David J. Fishman 1. FIRE CLAIMS Commissioner Odierna presented fire claims for authorization of payment, thereafter on Commissioner Odierna's motion, seconded by Commissioner Wittner, it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency Supply Co. Inc. $ 768.00 AAA Emergency Supply Co. Inc. $ 408.53 AAA Emergency Supply Co. Inc. $ 48.00 Arborn Printing & Graphics $ 65.00 Avaya $ 177.11 Brewer $ 65.19 Bronx Ignition Inc. $ 30.00 Cablevision $ 83.38 Cleaning Systems $ 361.89 Con Edison $ 439.95 Corsi Tires $ 322.85 7 JUNE 18, 2008 Corsi Tires $ 298.52 Danielle Ahne $ 270.00 David Commender $ 165.45 Fire Academy USA $ 462.16 G & K Services $ 119.51 Gardens By Design $ 318.00 Giacomo Service Center $ 129.95 Hills Signs $ 218.00 Joseph Russo $ 750.00 Metrocom Wireless $ 254.00 NYS Assoc. of Fire Chiefs $ 675.00 Pitt Stop $ 318.85 Proftech $ 41.43 Sound Shore Pest Control $ 130.00 TMFD-Collation $ 66.82 Verizon $ 395.99 Verizon Wireless $ 316.98 Westchester Elevator $ 196.35 W.S. Darley & Co. $ 68.58 Total: $ 7,965.49 The above resolution was put to a roll call vote: Commissioner Fishman Aye Commissioner Seligson Aye Commissioner Odierna Aye Commissioner Wittner Aye Commissioner O'Keeffe Aye 2. Other Fire Department Business The Commission welcomed Fire Chief Commender, who gave the following mid year report. The Department has responded to 800 calls to date, with no line of duty injuries for the year. Currently the Department has 14 Career Fire Fighters. Of the $40,000 budgeted for Vehicles and Equipment, only $8,000 has been used to date; $3,000 was spent on a new outrigger for Ladder 19. Engine 51 is still under warranty, and running great. Mechanical servicing being performed by the Town Yard is working wonderfully; the quality of work is terrific. The FAST team is up and running; thank you Deputy Chief McCarthy. Seventy Fire Fighters recently completed the Fire Fighters Survival Course; this will be a requirement moving forward. There being no further business to come before the Commission, on motion of Commissioner Seligson, seconded by Commissioner Fishman, the Commission unanimously adjourned. Taken out of Order ORAL COMMUNICATIONS Abby Katz, Larchmont Gardens' Civic Association, was welcomed as the new Association President. She noted the Association's pleasure with the paving project on Brookside Drive. She noted, however, there are a number of residents concerned with the height of the new curb, especially any potential liability for them. Ms. Katz asked if the Town was addressing this. 8 JUNE 18, 2008 Mr. Altieri responded, stating additional soil will be added to resident properties to eliminate any height differential. Mr. Maker responded that since the Town was now 'on notice' there is no liability for residents. Jonathan Morgenstern, 188 Murray Ave, spoke as a representative of the Murray Avenue Residents Association (MARA) with the following comments: Several years ago I established contact with the county engineer to report the growing problem of flooding along Murray Avenue and this led to the commission of a study. In response to the worst flooding ever in April 2007 the residents of Murray Avenue joined together as MARA— Murray Avenue Residents Association, a group of 22 households including those who have lived on this street for the past 40 years. On behalf of the Murray Avenue Residents Association I offer the following statement: The members of MARA want to acknowledge the effective collaboration that grew among them as the result of ongoing floodings along Murray Avenue, and between MARA and the local government officials who supported a solution to the inadequate and ineffective drainage system. An environmental crisis that directly affected our lives and homes led to neighbors organizing to seek a viable solution with the support of elected officials. We are grateful that this collaboration has resulted in a funded plan to improve drainage along Murray Avenue and ameliorate the flooding of residents'homes. Tomorrow we will attend the pre-construction meeting and MARA is hopeful that the current support and collaboration will continue to insure that there will be an ongoing integration among all structural and environmental aspects of the project so that when the project is completed the flooding problems will have been effectively addressed, the neighborhood will have retained its beautiful and welcoming appearance, and all residents are satisfied with the state and appearance of their properties. This outcome would prove the commitment of our elected officials, upon whom we rely to manage the environment in which we all live and raise families. Thank you. AFFAIRS OF THE TOWN 1. Adoption of Bond Resolution - Larchmont 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 June, 2008, 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 David Fishman ABSENT: None 9 JUNE 18, 2008 The following resolution was offered by Councilwoman Wittner, who moved its adoption, seconded by Councilman Fishman, to-wit: BOND RESOLUTION DATED JUNE 18, 2008. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE TOWN'S SHARE OF THE COST OF THE CONSTRUCTION OF ADDITIONS TO AND RECONSTRUCTION OF THE VILLAGE OF LARCHMONT PUBLIC LIBRARY BUILDING, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $700,000, AND AUTHORIZING THE ISSUANCE OF $700,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF. 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, 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 construction of additions to and 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$700,000, 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 of said specific object or purpose, is by the issuance of $700,000 serial bonds of the Town hereby authorized to be issued therefore 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. 10 JUNE 18, 2008 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 David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. 2. Adoption of Bond Resolution - Construction of Railroad Stairwell BOND RESOLUTION At a Regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York, in said Town, on the 18th day of June, 2008, at 7:30 o'clock P.M., Prevailing Time. The meeting was called to order by Supervisor O'Keeffe, and upon roll being called, the following were PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilman Ernest C. Odierna Councilwoman Nancy Seligson Councilman David Fishman ABSENT: None The following resolution was offered by Councilwoman Wittner, who moved its adoption, seconded by Councilman Odierna, to-wit: 11 JUNE 18, 2008 BOND RESOLUTION DATED JUNE 18, 2008. A RESOLUTION AUTHORIZING THE REPLACEMENT OF A STAIRWELL AT THE TOWN COMMUTER PARKING LOT, IN AND for THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $190,000 AND AUTHORIZING THE ISSUANCE OF $190,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The replacement of a stairwell at the Town commuter parking lot, in and for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, is hereby authorized at a maximum estimated cost of $190,000. Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of$190,000 serial bonds of said Town hereby authorized to be issued therefore 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 five years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law. 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 of 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 serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, 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 serial 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 serial 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. 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. 12 JUNE 18, 2008 Section 9. This resolution, which takes effect immediately, shall be published in full or summary form in 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. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. 3. Authorization — Transfer of Larchmont Village Senior Center Bus On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was approved: WHEREAS, the Town of Mamaroneck has assumed full responsibility for the management and operation of the Senior Center at the VFW building on the Boston Post Road. NOW THEREFORE, BE IT RESOLVED, that to complete the consolidation of the Senior Center operation, the Town Board does hereby authorize the agreement with Village of Larchmont to purchase the Senior Center Bus for$1.00 and to include the bus in the Town of Mamaroneck's vehicle fleet; 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 4. Authorization Indemnification Agreement Town of Harrison Police Pistol Range On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was unanimously approved: WHEREAS, the Town of Mamaroneck Police Department desires to use the Town of Harrison Police Department Pistol Range. WHEREAS, the Town of Harrison and Village of Harrison require from any municipality requesting use of its Pistol Range proper insurance naming the Town of Harrison and Village of Harrison as additional insured and a fully executed Indemnification Agreement inuring to the benefit of the Town of Harrison and Village of Harrison; 13 JUNE 18, 2008 NOW THEREFORE, BE IT RESOLVED that an Indemnification Agreement inuring to the benefit of the Town of Harrison and Village of Harrison be executed, and be it further; RESOLVED that the Town Board of the Town of Mamaroneck authorize Stephen V. Altieri, Town Administrator, to execute the attached Indemnification Agreement, and to deliver same to the Town Attorney of the Town of Harrison, and be it further; RESOLVED that a certified copy of this Resolution be forwarded to the Town Attorney of the Town of Harrison with a fully executed copy of the Indemnification Agreement. 5. Set Date for August Town Board Meeting On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was Unanimously RESOLVED, that the Town Board does hereby schedule the August Town Board Meeting for Wednesday, August 6, 2008 at 8:15 PM in the Town Court Room. 6. Salary Authorization — Senior Bus Drivers Administrative Office Recreation SENIOR BUS DRIVERS On motion of Councilman Fishman, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of the Senior Bus Drivers, Peter Doria and Neal Bjorkman, from the Village of Larchmont payroll to the Town of Mamaroneck payroll effective the first payroll period of July 2008 at the rate of $65.00 per day. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye ADMINISTRATIVE OFFICE On motion of Councilwoman Wittner, seconded by Councilman Fishman, it was RESOLVED, that the Town Board does hereby authorize the appointment of Maureen Zaccagnino as a floater with the Town's Temporary Clerical Pool to cover staff vacations, sick time and emergencies, effective June 18, 2008 at an hourly rate of$12.00. 14 JUNE 18, 2008 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 Councilwoman Seligson, seconded by Councilman Fishman, it was RESOLVED, that as provided for in the 2008 Town Budget the Town Board does hereby authorize the payment of salary to the following: HOMMOCKS PLAYGROUND Brittany Ganesh Counselor $225 per week Marc Lanni Counselor $195 per week Horace Morris Counselor $270 per week James Pappas Counselor $240 per week Kayla Romanelli Counselor $195 per week Jonathan Schupak Counselor $280 per week Ziggy Scipio Counselor $250 per week Gabrielle Westermann Counselor $230 per week Stephen White Counselor $270 per week Keith Dalbon Junior Counselor $165 per week Jenna Danoy Junior Counselor $165 per week Joseph Muratore Junior Counselor $165 per week Christopher Parra Junior Counselor $165 per week TEEN ESCAPE Alison Dunkley Director $4,000 for season Charles Reilling Bus Driver $26 per hour CAMP MONROE Deborah Wasserman Unit Leader $300 per week Jordan Lawi E.M.T. $11.50 per hour Diana DiMicelli Counselor $180 per week Arthur Michelli Counselor $205 per week Cydney Ortiz Counselor $160 per week Laura Ramirez Counselor $140 per week Michael Reda Counselor $150 per week Scott Kettig Junior Counselor $130 per week CAMP CENTRAL Ana Delio E.M.T. $ 12 per hour Elsa Brewer Counselor $215 per week Judith Clark Counselor $170 per week Gregory Denyssenko Counselor $120 per week Snjezana Glavan Counselor $170 per week Martin Lancman Counselor $150 per week Sam Wallach Junior Counselor $ 95 per week 15 JUNE 18, 2008 TENNIS Julian Applebome Instructor $ 10 per hour Jospeh Isherwood Instructor $ 21 per hour Daniel Scopp Instructor $ 11 per hour HOMMOCKS POOL Caroline Cunningham Key Attendant $ 9.00 per hour Jacob Feinman Lifeguard $ 8.50 per hour Erin Hayes Lifeguard $12.50 per hour Swim Instructor $13.00 per hour Shira Korn Swim Instructor $13.00 per hour Arianna Puleo Key Attendant $ 9.00 per hour Angel Skytte Manager $17.00 per hour John Spader Key Attendant $ 8.00 per hour The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 7. Report- Elizabeth Paul, Town of Mamaroneck Environmental Coordinator The following report was entered into the record: On June 4, 20081 attended a workshop with Phyllis Wittner and Louis Martirano on the storage and treatment of runoff in municipalities. The workshop was sponsored by the Westchester County Planning Department and the Soil and Water Conservation District. I have attached a copy of the brochure with the agenda for you. Presenters at the workshop were experts in the design of"best management practices"for the control and treatment of stormwater. The consultants have now had several years to install detention systems and monitor how effective they are at the treatment of stormwater. They showed us both good and bad examples of large scale and small scale practices including detention ponds, swa/es, rain gardens, green roofs and pervious materials for parking areas. I found this workshop interesting because they showed us many ideas that could be easily incorporated into designs here in town, not just large scale detention systems. I was very interested in small rain water storage systems that could be installed underground or on a rooftop and used for irrigation. While we may not have many opportunities to improve water quality and detain stormwater on a large scale, we can definitely make improvements whenever a property is redeveloped. 8. Referral to the Planning Board — Local Law "Clarification of Lot Coverage and Setbacks for Certain Improvements" Mr. Maker stated that this law is being introduced because of inconsistencies within the Zoning Code as addressed by the Zoning Board of Appeals. As Town Law requires, Amendments to the Zoning Code need to be referred to the Planning Board. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Town Board does hereby refer the local law "Clarification of Lot Coverage and Setbacks for Certain Improvements" Law to the Planning Board. 16 JUNE 18, 2008 APPROVAL OF MINUTES May 21, 2008 Approval deferred until July 9, 2008 June 4, 20008 On motion of Councilwoman Wittner seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Minutes of the Town Board Meeting of June 4, 2008. WRITTEN COMMUNICATIONS Supervisor O'Keeffe read the follow written communication: Dear Valerie: It came to my attention that certain statements made during the televised Council Meeting on Wednesday, June 4t" were factually inaccurate and others need clarification. First, it was stated that the plan to build a new varsity field at the High School would not result in any trees being destroyed in the Kemper Memorial Park. The accuracy of that statement depends on which plan is being referenced. The "Mamaroneck High School site Master Plan"of 2000 would have destroyed all of the trees in the Kemper Park by converting the entire Park into a parking lot. The revised "Mamaroneck High School Site Plan"of 2003 would have destroyed all of the trees on the eastern two thirds of the Park, including the beautiful stand of majestic pine trees. These facts are very easy to verify by simply referring to the respective architectural site plans prepared by The Geddis Group. Only the "Field Improvement Plans"B & C of 2007 produced by the WBA Group Inc. provide for fields without encroaching on the Kemper Park. The reason it is critical to make this distinction is because it is only the Geddis plan of 2003 which the School Board presented to the Courts, so it is the only one under legal review. A second statement was made referring to permission being granted as part of a settlement with the Kemper family to create additional parking spaces directly in front of the lower school along the circular driveway. That statement is without any foundation in fact. There has never even been an offer of settlement by the School Board to the Kemper family, let alone has any settlement been reached. Further, the Kemper family has absolutely no interest, nor intention, nor right to dictate how any of the District's property is allocated other than the property comprising the Kemper Memorial Park. The only thing the Kemper Family insists on is that the land it gave to the District for the purpose of creating the Richard M. Kemper Park be held and maintained as a memorial in perpetuity as stipulated in the deeds. Would you please correct your records accordingly and have these corrections announced publicly. Very truly yours, Richard H. Cantor 11 Innes Road Scarsdale, NY 17 JUNE 18, 2008 REPORT OF COUNCIL Councilman Odierna, along with other Town Officials, attended a joint meeting with the Village of Larchmont to discuss changes to the sanitation collection routes. Mr. Altieri added that these changes allow for fewer personnel as well as updates for commercial customers. There will be no changes to residential routes; new changes are scheduled to begin in August 2008. Councilman Odierna announced the line up of concerts being held Mondays, during the month of July. The annual outdoor movie Surfs Up is scheduled for July 18. At the Recreation Meeting he attended the Commission discussed the seeding of the Hommocks Fields; this year they will forgo the August seeding to accommodate the various sports practices. Mr. Altieri added this will be on a temporary basis due to the closing of the Flint Park Fields. Any subsequent additional costs due to non-seeding will be incurred by the Sports Leagues and or the Mamaroneck School District. Councilwoman Wittner attended the Fire Council Meeting on June 7th, noting the recent christening of Engine 51 by the Town Board. She attended the meeting of Westchester County Soil and Water Conservation District. On June 13, the Town celebrated the graduation of Avril Wheatley, Cum Laude from Monroe College. Ms. Wheatley works for the Town in the Finance Department. She reminded residents of the upcoming Tax Grievance Day on June 17tH Councilwoman Seligson attended the Planning Board Meeting on June 11. She recently met with Kelly Belnick, the Town's summer intern who, among other things, will be working on the ICLEI project. She is looking forward to continuing with the assessment and recommendations regarding the Town's carbon footprint. Councilman Fishman attended the Housing Authority Meeting. The Authority continues to discuss the uses for the Authority's capital funds over the next ten years. They have created a new priority list for work force housing; they are expected to meet with the Town Board during the month of July to discuss. SUPERVISOR'S REPORT Supervisor O'Keeffe spoke of the recent fundraiser for Dafur, noting this was a very successful event. TOWN CLERK'S REPORT The Town Clerk read the following Proclamation in celebration of John Caridi's 90th Birthday. PROCLAMATION-JOHN CARIDI WHEREAS: John has faithfully served our citizens for almost 20 years by servicing election machines for the Town of Mamaroneck. There was never a problem he could not fix, and WHEREAS: Not only has he prepared election machines for the Town of Mamaroneck, he has prepared machines for the Mamaroneck School District and the Villages of Larchmont and Mamaroneck,and WHEREAS: Over the years John has prepared over 3,000 machines for elections; and served Republican and Democratic citizens and candidates equally and without fail,and WHEREAS: John's duties also included picking up ballots, proofing them (because the Board of Elections never got them right), sometimes making the ballot fit in spite of the poor sizing. He ran school elections, library elections, and mock elections for the schools during presidential years. One presidential year he conducted a 4-day mock election for the high school, teaching how to set up, prepare and close down the machines and tally the ballots; and 18 JUNE 18, 2008 WHEREAS: John is respected for his unending patience with Election Inspectors, although tried on many occasions. His charm and spunk have "dazzled" the Board of Elections (even when they did not deserve it);and WHEREAS: The Town Clerk's Office has enjoyed his warm apple strudel always delivered with a smile (at 5 a.m. and sometimes even earlier). He often stayed late even though he had to get up at 3 a.m. to be at his other job; and WHEREAS: When John and Cindy get married, Christina promises to officiate, Linda promises to be the Maid of Honor, and Cindy promises to still make the coffee. NOW, THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor of the Town of Mamaroneck, and the Town Board members hereby wish JOHN CARIDI a very happy 900 birthday and thank him for his many years of service to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 14th day of June 2008. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilman Fishman the meeting was unanimously adjourned at 11:20PM in memory of Barry Johnson. Mr. Johnson an employee with the Town's Sanitation Department, died tragically in a motorcycle accident. He leaves behind a wife and two children. The Town offers their sympathy to Mr. Johnson's family, and his friends and colleagues in the Sanitation Department. Submitted by Christina Battalia, Town Clerk 19