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HomeMy WebLinkAbout2008_10_01 Town Board Minutes October 1, 2008 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON OCTOBER 1, 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 Larchmont Historical Society Dee van Eyck, Member of the Larchmont Historical Society Cemetery Committee, and Colette Rodbell, Trustee of the Larchmont Historical Society, were present to discuss the upcoming cemetery restoration workshop which will take place on Sunday, October 19th at the Barker-Quaker Burial Grounds in Larchmont. The Board thanked Ms. van Eyck for the good work she and her volunteers have been providing with respect to restoration. The Board did, however, remind Ms. van Eyck that the Town owns all the cemeteries in the Town, including the Villages, and the Town Board would need to be kept informed of all activities taking place at the cemeteries. Specific to the workshop on October 19th, the Board requested a certificate of insurance from those involved as well as waivers of liability from the participants. Leaf Blower Law Paul Schwendener, 27 Edgewood Ave, addressed the Board with a follow up to his letter to the Board, outlining his concerns that the Leaf Blower Law is ineffectual. He outlined what he felt were issues with enforcement, as well as, his ideas for possible improvements. The Board agreed that enforcement of the Law is difficult. The Board discussed adding fines to homeowners, as well as, fining the landscapers as an added enforcement tool. Mr. Maker will draft a proposed Amendment to the Law for the Board to review at its next Board Meeting. Police Chief Department Update Chief Rivera, Detective Lieutenant Gerry McCarthy Detective Robert Reynolds, addressed the Board. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Board unanimously agreed to enter into Executive Session to discuss a matter of public safety. EXECUTIVE SESSION Public Safety On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Board unanimously agreed to reconvene into work session. On motion of Councilman Fishman, seconded by Councilwoman Wittner, the Board unanimously agreed to enter into Executive Session to discuss Employment History. 1 October 1, 2008 EXECUTIVE SESSION Employment History On motion of Councilwoman Wittner, seconded by Councilman Fishman, the Board unanimously agreed to reconvene into work session. Mr. Maker informed the Board that the Town had received the third installment in the settlement agreement with Mr. Alexander Gizzo. East Garden Road — Easement Mr. Schaffer, 200 East Garden Road, addressed the Board. He has a concern regarding the proposed easement agreement on this evening's agenda, between the Town of Mamaroneck and his neighbor Eleanor E. Leichter. The easement agreement has as schedule "C" a site plan prepared by Hudson Engineering and Consulting, P.C. Mr. Schaffer is uncomfortable with how a common easement for the shared driveway as per a judgment between the properties of 200 East Garden Road and 202 East Garden Road is denoted. Mr. Schaffer is requesting the Town not approve the easement until a new site plan is prepared, or the Town insert into the easement agreement a copy of the judgment with regards to the shared driveway. The Town attorney Mr. William Maker, advised Mr. Schaffer that there is nothing incorrect regarding the site plan as referenced in schedule "C" of the easement agreement and further asserted that attaching a document unrelated to the easement agreement is incorrect and inappropriate. The Board stated that if Mr. Schaffer wished, he could make a statement at the time during which the Board was prepared to vote on the easement agreement. Shared Services —Town of Mamaroneck and Village of Larchmont The Board reviewed the questionnaire completed by the Highway, Fire and Police Departments. The questionnaire is in response to the Town of Mamaroneck and Village of Larchmont's decision to investigate the feasibility of consolidating certain services within the two governments. Once a final version is prepared, the questionnaire will be sent to the Village of Larchmont for review. The Board is still awaiting feedback on the Village of Larchmont's questionnaire. Town of Mamaroneck Site Plan Law The Board reviewed the Village of Larchmont's Site Plan Law. The fundamental difference between the Town and the Village, is that the Village reviews site plans for residential construction, whereas the Town does not review for individual residential construction - only for commercial. The Board discussed what would constitute a site plan review for residential construction. They further discussed that by adopting such a site plan review law the Board of Architectural Review (BAR) would be reviewing residential as well as commercial site plans. The Board decided to defer the discussion of this matter. FCD Mamaroneck, LLC—Tree Plan for the New Parking Deck The Board was informed that many of the existing trees at the location of the new parking deck are too close to the foundation of the building. Some of these tress are viewed by the Tree Commission as unhealthy, as well as, not the most desirable in the long run. The Town's Tree Commission and Andrew Tung, Architect for FCD Mamaroneck, LLC, have created a Tree Plan that the Board reviewed. The Board will be sending this Tree Plan to the Board of Architectural Review (BAR) for their evaluation. Mr. Altieri asked the Board to approve the removal of the existing tress while they await review of the replanting plan by the BAR. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Board unanimously agreed to enter into Executive Session to discuss Employment History. 2 October 1, 2008 EXECUTIVE SESSION Employment History CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:35 PM she then pointed out the location of exits. The following Proclamation was read by Councilman Fishman PROCLAMATION — Larchmont— Mamaroneck Walk to School Day WHEREAS, hundreds of children could be saved each year if communities take steps to make pedestrian safety a priority. WHEREAS, a lack of physical activity plays a leading role in rising rates of obesity, diabetes and other health problems among children and being able to walk or bicycle to school offers an opportunity to build activity into daily routine. WHEREAS, driving students to school by private vehicle contributes to traffic congestion and air pollution. WHEREAS, an important role for parents and caregivers is to teach children about pedestrian safety and become aware of the difficulties and dangers that children face on their trip to school each day and the health and environmental risks related to physical inactivity and air pollution. WHEREAS, community leaders and parents can determine the "walkability" of their community by using a walkability checklist. WHEREAS, community members and leaders should make a plan to make immediate changes to enable children to safely walk and bicycle in our communities and develop a list of suggestions for improvements that can be done over time. WHEREAS, children, parents and community leaders around the world are joining together to walk to school and evaluate walking and bicycling conditions in their communities. NOW, THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor of the Town of Mamaroneck, and the Town Board members hereby proclaim OCTOBER 8, 2008, "INTERNATIONAL WALK TO SCHOOL DAY" in the Town of Mamaroneck and encourage everyone to consider the safety and health of children today and everyday. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 1st day of October 2008. PUBLIC HEARINGS— Section 8 Administrative Plan Intersection of Murray Avenue/Myrtle Boulevard/North Chatsworth Ave. SECTION 8 ADMINISTRATIVE PLAN The following notice of Public Hearing was entered into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, October 1, 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 review the 3 October 1, 2008 Town of Mamaroneck Public Housing Agency Annual PHA Plan for Fiscal Year 2008. The full text of this Plan may be examined at the Town Clerk's Office or the Public Housing Authority Office beginning August 18, 2008 during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. PLEASE TAKE FURTHER NOTICE, that at said Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK To be published: August 13, 2008 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearing was unanimously opened. Anna Danoy, Director of the Town of Mamaroneck Public Housing Agency and Community Services, gave an overview of the 2009 Administrative Plan. Highlights include the consolidation of the Section 8 programs of the Town of Mamaroneck and the Village of Mamaroneck, adding the remaining steps in this process is the approval by Housing and Urban Development (HUD). Since consolidation was HUD initiated, approval is certainly expected. The Board praised Ms. Danoy for the hard work she has done analyzing and preparing for this consolidation. The Board feels proud to house this program in the Town. Supervisor O'Keeffe asked if there were any comments from the public. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearing was unanimously closed. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby accept the Public Housing Agency Administrative Plan for the Fiscal Year 2009. INTERSECTION OF MURRAY AVENUE/MYRTLE BOULEVARD/NORTH CHATSWORTH AVE The following notice of Public Hearing was entered into the record. PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on October 1, 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 modifications to the intersection of Myrtle Boulevard and N. Chatsworth Avenue. Purpose: To maintain or remove the "No Turn on Red" signs at each point in the intersection of Myrtle Boulevard and N. Chatsworth Avenue. Purpose: To maintain or remove the "No Turn on Red" sign at the point where Murray Avenue terminates at Myrtle Boulevard which 4 October 1, 2008 prohibits motor vehicles traveling south on Murray Avenue from making a right turn when the traffic-control signal located within Myrtle Boulevard at that point displays a steady circular red signal for southbound traffic on Murray Avenue. Purpose: To create a "No Turn on Red" sign at the point where Murray Avenue terminates at Myrtle Boulevard which prohibits motor vehicles traveling west on Myrtle Avenue from making a right turn when the traffic-control signal located within Myrtle Boulevard at that point displays a steady circular red signal for westbound traffic on Myrtle Boulevard. The full text of these recommendations 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: September 20, 2008 Supervisor O'Keeffe commented that the Town consultant Phil Cimino is currently reviewing comments from the public, as well as, possible alterations to the intersections. The Board would like time to review these comments and alternatives. Councilman Fishman stated he feels he has received enough information to make a determination, he is prepared to move forward with a vote. Councilman Odierna agreed with Councilman Fishman but was willing to adjourn so that residents had a chance to appear when the Public Hearing would be rescheduled. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby adjourn the Public Hearing on the Intersection of Murray Avenue/Myrtle Boulevard/North Chatsworth Avenue to October 15, 2008. The above resolution was put to a roll call vote: Fishman Nay Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Wittner, seconded by Commissioner Fishman, the Board of Fire Commissioners was unanimously declared open. 5 October 1, 2008 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 Fishman presented fire claims for authorization of payment, thereafter on Commissioner Fishman'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. $ 491.40 AAA Emergency Supply Co. Inc. $ 54.00 Austin Hardware $ 199.37 Brake, Clutch & Driveshaft $ 112.86 Brewer Hardware $ 56.66 D.T.M. Parts Supply $ 99.54 G & K Services $ 135.27 Ikon $ 212.13 O.S.P. Fire Protection $ 94.00 Performance Parts $ 600.44 Poland Springs $ 109.77 R & L Consulting $ 120.00 Town of Mamaroneck PFFA $ 220.08 Westchester Joint Water Works $ 100.68 Total: $ 2,606.20 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 Chief Commender presented the Fire Department Report for the 3rd quarter of 2008. He reported that the Department received 659 calls with 8,800 personnel responding (approx. 12 per call) and 170 EMS calls were received. There have been no serious injury or line of duty accidents. The apparatus has received all annual maintenance with no equipment issues. Total training hours were 1,200 with FAST now up and running. The Board thanked Chief Commender for his report. There being no further business to come before the Commission, on motion of Commissioner Seligson, seconded by Commissioner Odierna, the Commission unanimously adjourned. 6 October 1, 2008 AFFAIRS OF THE TOWN 1. AUTHORIZATION — REVISED SCHOOL TAX WARRANT Mr. Altieri explained that each year the Town Board authorizes Tax Warrants of which they did this year on March 5, 2008. The STAR exemptions on these tax warrants are based on amounts issued by the State. In April of 2008 the State issued amended STAR exemptions which were inadvertently not recognized by the Town Tax Office. Mr. Altieri noted that it is very unusual for the Sate to issue revised STAR exemption figures, noting three other municipalities made the same error. After extensive discussions with the NYS Office of Real Property Services (ORPS) and the Mamaroneck School District the Town is now preparing to send out revised school tax bills which will reflect only the additional tax due with a letter of explanation. REVISED SCHOOL TAX WARRANT FOR THE YEAR 2008 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 6, 2008. 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 JPMorgan 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 6, 2008, such taxes being levied against the said School District for the year 2008 for the following purposes, viz: APPROPRIATIONS Program Component $83,731,950.00 Administration Component 11,523,740.00 Capitol Component 21,667,607.00 TOTAL APPROPRIATIONS $116,923,297.00 ESTIMATED RECEIPTS Revenue-Other Districts & Governments $ 767,000.00 Revenue form Local Sources 785,000.00 Interest on General Fund Investments 350,000.00 State Aid 7,337,361.00 Refund of Prior Expenses 50,000.00 Appropriated Fund Balance 2,000,000.00 County Sales Tax 1,100,000.00 TOTAL REVENUES $12,389,361.00 7 October 1, 2008 TOTAL WARRANT AMOUNT $104,533,936.00 LESS AMOUNT TO BE PAID BY STATE (STAR PROGRAM) $ 8,935,850.24 NET AMOUNT TO BE RAISED BY TAXATION $ 95,598,085.76 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 6, 2008, 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 6th day August 2008. VALERIE MOORE O'KEEFFE SUPERVISOR TOWN OF MAMARONECK 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 6, 2008. 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 JPMorgan 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 6, 2008, such taxes being levied against the said School District for the year 2008 for the following purpose, viz: APPROPRIATIONS General Support $ 15,293,459.00 Pupil Transportation 3,712,920.00 Community Services 341,924.00 Undistributed Expense 35,938,492.00 Instructional Services 72,724,861.00 Capital Reserve 471,236.00 TOTAL APPROPRIATIONS $ 128,482,892.00 ESTIMATED RECEIPTS Boundary Line Taxes $ 196,000.00 Tuition-Special Education 42,000.00 Prior Year Surplus 3,934,546.00 State Aid 5,951,331.00 8 October 1, 2008 Parochial Health 192,975.00 Interest from Investments 1,055,015.00 Building Use Fees 105,888.00 Miscellaneous 78,246.00 County Sales Tax Distribution 906,869.00 Transfer from Reserve 19,750.00 Transfer from Debt Service Reserve to Capital Projects Fund 471,236.00 TOTAL REVENUES $ 12,953,856.00 TOTAL WARRANT AMOUNT $ 115,529,036.00 TOWN OF MAMARONECK SHARE $ 5,307,409.06 LESS AMOUNT TO BE PAID BY STATE (STAR PROGRAM) $ 268,040.26 NET AMOUNT TO BE RAISED BY TAXATION $ 5,039,368.80 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 6, 2008, 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 6th day of August 2008. VALERIE MOORE O'KEEFFE SUPERVISOR TOWN OF MAMARONECK 2. AUTHORIZATION — EAST GARDEN ROAD EASEMENT Mr. Maker stated that a sewer line extends across the Leichter's property line at 202 East Garden Road. The Leichter's have designed an off street parking area on their property which conforms to all Town Zoning Codes. During the designing of this parking area, it became known to the Town that the sewer lines that the Town has are not within the boundaries of the original easement agreement of the 1970's. This easement agreement before the Board this evening correctly states where the easement for the sewer exists. It is the recommendation of Mr. Maker, that the Town approve this easement agreement and authorize Mr. Altieri to execute it on behalf of the Town. Mr. Nicholas Ward Willis, Counsel to the Leichter's, addressed the Board. He stated that Mr. Maker has properly stated what has taken place over the last few months. He also stated that as the Board is aware Mr. Schaffer, the neighbor at 200 East Garden Road, has concerns regarding the common driveway that has been the subject of two litigations. Mr. Schaffer has expressed concerns that the document attached to the easement as schedule "C" is not clear in its depiction of the easement for the common driveway between the property owners of 200 and 202 East Garden Road. Mr. Willis stated it was his clients understanding that the easement applies to the entire driveway. Mr. Schaffer addressed the Board. He thanked Mr. Willis for the explanation that the easement for the common driveway between the property owners of 200 and 202 East Garden Road, as reflected in the case judgment is for the entire driveway and not a portion from the street to the retaining wall, including the turn around. Mr. Schaffer noted he contacted the surveyor requesting he change the document and was told that 9 October 1, 2008 it could not be done because Mr. Schaffer was not their client. He feels the document as stated is unclear at best, misleading at worst. Supervisor O'Keeffe asked if there were any further comments. On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Mamaroneck Town Board finds that the approval of the easement agreement between the Town of Mamaroneck and Eleanor E. Leichter, residing at 202 East Garden, Larchmont, NY is hereby declared to be a Type II action under the New York State Environmental Quality Review Act (SEQRA) requiring no further action. On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the easement agreement between the Town of Mamaroneck and Eleanor E. Leichter, residing at 202 East Garden Road, Larchmont, NY, and BE IT, FURTHER RESOLVED, that the Town Board does hereby authorize the Town Administrator to execute said easement 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 3. APPROVAL - WESTCHESTER COUNTY PURCHASING RESOLUTION Mr. Altieri explained that the County has amended their purchasing program, of which the Town has been participating in for many years, to provide greater value and more favorable pricing for the County and the municipalities. It is Mr. Altieri's recommendation that the Town approve the resolution for the Westchester County Municipal Purchasing Program. On motion of Councilman Odierna, seconded by Councilwoman Wittner, the following was approved WHEREAS, by Act No. 8-93, the County Board of Legislators authorized the County Purchasing Agent to act as Purchasing Agent for any city, town, village, school district or other unit of local government within Westchester County, and WHEREAS, said unit of local government by act, ordinance or resolution authorizes the County Purchasing Agent to act as its Purchasing Agent for items purchased by the County, and empowers designated officers and employees to sign requisitions, and further direct the proper official of local government to audit and pay County bills for the cost of County services within thirty (30) days after the receipt of said bill by the local government and to 10 October 1, 2008 provide such insurance coverage as may be required by the County's Director of Risk Management. NOW, THEREFORE BE IT, RESOLVED, that the County Purchasing Agent is hereby authorized to act as purchasing agent for the Town of Mamaroneck on a continuing basis only for purchases authorized by the designated officials of the Town of Mamaroneck, and BE IT FURTHER, RESOLVED, that the following officers and employees are hereby authorized to sign appropriate requisitions: Either Stephen V. Altieri Town Administrator or Anthony Siligato Town Comptroller, and BE IT FURTHER, RESOLVED, that the above referenced officials are hereby authorized and directed to audit and pay County bills for the cost of County services within thirty (30) days after receipt of said bills, and BE IT FURTHER, RESOLVED, that the following named official is hereby authorized to secure and provide to the County of Westchester any and all insurance required by the County's Director of Risk Management, in accordance with County Act No8-1 983: Either Stephen V. Altieri Town Administrator or Anthony Siligato Town Comptroller The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 4. APPROVAL OF CERTIORARI On motion of Councilwoman Wittner, 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: Vanco Associates 2072 Boston Post Road Larchmont, NY 10538 Block: 613 Lot: 257.1 Year Assessment Amount of Reduction Reduced Assessment 2004 $32,700 $2,700 $30,000 2005 $32,700 $4,700 $28,000 2006 $32,700 $5,700 $27,000 2007 $32,700 $7,700 $25,000 11 October 1, 2008 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. SALARY AUTHORIZATION — TOWN COURT RECREATION TOWN COURT On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize the appointment of Megan Hoffmann as a part time clerical assistant with the Town Court effective September 16, 2008 at an hourly rate of$12.00 for not more than 17 % hours per week until a full time Assistant Court Clerk is appointed. 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 Wittner, seconded by Councilman Odierna, 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 Park Ice Rink Diane Kruse Skate Guard $ 9/hr. 9/26/08. Skating Instructor $16/class 9/26/08. Megan Ettenger Asst. Skating Instructor $ 8/hr. 9/26/08. Hommocks Pool Sabrina Bieloski Alternate Manager $17.50/hr. 9/23/08. Robert Rainaldi Alternate Manager $17.00/hr. 9/23/08. Maragaret Waits Alternate Manager $16.00/hr. 9/23/08. Tiffany Contreras Alternate Life Guard $10.25/hr. 9/23/08. Jason Corbett Alternate Life Guard $ 8.75/hr. 9/23/08. Alexander Daum Alternate Life Guard $10.00/hr. 9/23/08. Jennifer Heinbockel Alternate Life Guard $11.00/hr. 9/23/08. Early Morning Swim $25/ses. 9/23/08. Robert Miceli Life Guard $11.25/hr. 9/23/08. Brett Moeller Life Guard $12.00/hr. 9/23/08. Early Morning Swim $30/ses. 9/23/08. Sarah Monaghan Alternate Life Guard $ 9.00/hr. 9/23/08. Early Morning Swim $25/ses. 9/23/08. Alicia Vignola Life Guard $10.50/hr. 9/23/08. Amanda Biddle Swim Instructor $16.00/hr. 9/23/08. Erin Hayes Swim Instructor $13.50/hr. 9/23/08. Antonio Issac Swim Instructor $13.50/hr. 9/23/08 12 October 1, 2008 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 6. SET PUBLIC HEARING — REAR YARD SETBACK On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Town Board does hereby set the date for Public Hearing on a "Limited Incursion of Steps into a Rear Yard Setback" for October 15, 2008, 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. APPROVAL OF MINUTES September 17, 2008 On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of, September 17, 2008. ORAL COMMUNICATIONS Mr. George Roniger, Larchmont Gardens' Civic Association, addressed the Board. He noted that leaf blowers seemed less of a problem this year. He commented that the new paving and sidewalks along the Brook were well done. He asked for an update on revaluation and the Gardens' Lake Project. The Board informed him that the revaluation report was on the website and the first of three resident information sessions would be at the November 5t" Town Board Meeting; two more sessions with the Villages would be forthcoming. The Board noted that it has applied for a Flood Prevention Grant for the Lake that was well received by the Grant Committee. Therefore, there is now potentially simultaneous projects for the Lake. The Board emphasized that the main objective of the Flood Prevention Grant was for the removal of additional silt. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilwoman Seligson spoke of the exciting Greenway Trail Grand Opening, noting the wonderful brochure that is now available at the Town Center. They are working on getting the trail map onto the Town web site. 13 October 1, 2008 Supervisor O'Keeffe congratulated Councilwoman Seligson for all the hard work she has accomplished with the Greenway Project. Councilman Fishman offered his report time to the Town Clerk. TOWN CLERK REPORT The Town Clerk gave a brief update on work being done with records management, specifically the continued work maintaining the Town's Archive Room. She has spearheaded the formation of a Town Records Management Committee, with the intention of creating more effective procedures and policies with respect to records management. She informed the Board of her recent appointment to the County Records Management Committee. Councilman Odierna noted the Fall Fling at the Sheldrake Environmental Center Sunday, October 19tH ADJOURNMENT On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner the Town Board unanimously agreed to enter into Executive Session, in Conference Room A, to discuss litigation. EXECUTIVE SESSION Litigation Submitted by Christina Battalia, Town Clerk 14