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HomeMy WebLinkAbout2009_11_18 Town Board Minutes NOVEMBER 18, 2009 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON NOVEMBER 18, 2009, BEGINNING AT 4:30 PM IN CONFERENCE ROOM A AND CONTINUING 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 Anthony Siligato,Town Comptroller—Present for Work Session Call to Order On motion of Councilwoman Wittner,seconded by Councilwoman Seligson the Work Session was unanimously opened at 4:30PM. WORK SESSION Added Items USO Phone cards Supervisor O'Keeffe noted a date and location is being discussed for the collection of funds to purchase phone cards for US Troops overseas. Association of Towns Supervisor O'Keeffe noted the date for the Association's Annual Conference in New York City will be from Sunday February 14`"thru 17`",2010. Westchester County Solid Waste Agreement The Board reviewed a proposed Inter Municipal Agreement between Westchester County and Larchmont- Mamaroneck Joint Sanitation Commission for solid waste and recyclables,as well as a memorandum from Mr.Altieri outlining the Agreement's highlights.The Agreement is being discussed further with the Village of Larchmont before final approval. Larchmont-Mamaroneck Joint Garbage Commission Preliminary Budget The Board reviewed the Preliminary Budget including a memorandum with budget overviews prepared by Mr.Altieri.There was a discussion of commercial property owners'dumpsters and how they are currently handled. The Board discussed pay as you go as an option for residential sanitation. Preliminary Budget Discussion The Board reviewed the changes between the Tentative Budget and the Proposed Preliminary Budget including a memorandum from Mr.Altieri outlining the specific changes. The Board was reminded that changes to the budget can occur up until the final adoption date of December16,2009. On motion of Councilwoman Seligson seconded by Councilman Odierna,the Board unanimously agreed to enter into Executive Session to discuss Collective Bargaining. 1 NOVEMBER 18, 2009 EXECUTIVE SESSION Collective Bargaining On motion of Councilman Odierna,seconded by Councilman Fishman,the Board unanimously agreed to re- enter Work Session. Preliminary Budget Discussion Mr.Altieri and Mr.Siligato will prepare a final Preliminary Budget based on the discussed changes for the December 2nd Public Hearing. The Preliminary Budget being presented to the public on December 2nd will have an increase of 2.6%. Residential Parking District The Board would like to move forward immediately with creating a Parking District for Lester Place while discussions continue as to how this will be implemented for the remainder of the Washington Square Area. Mr. Maker is continuing to review the legality of this. The Board would also like to add New Jefferson to the first phase of implementation as there appears to be an immediate need there as well; six vehicles parked along New Jefferson are owned by an auto body shop in the Bronx. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:45 PM, she then pointed out the location of exits. PUBLIC HEARING — Repeal of the Off-Street Parking in Residential Districts The following notice of Public Hearing was entered into the record: NOTICE OF PUBLIC HEARING May 6,2009 Adiourned to May 20,2009, Adiourned to June 3,2009 Adiourned to June 17,2009 Adiourned to August 12,2009 Adiourned to October 7,2009 Adiourned to November 18,2009 PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, November 18, 2009, 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 "Repeal of the Off Street Parking in Residential Districts" Law. Purpose: Section 240-79(B) of the Zoning Ordinance provides restrictions on off-street parking which have become anachronistic. The law was enacted at a time when it was less common for households to have more than one automobile so that parking the family car either in a garage or more than 25 feet from the home's front lot line was feasible. Now it is the norm for each household to have two or three cars making it impossible to park all of them in a garage or more than 25 feet from the home's front lot line. In addition there were no SUVs or other extra large motor vehicles when the law was passed. Garages that were built prior to 1960 cannot accommodate some of today's vehicles. Hence such vehicles are parked in driveways. 2 NOVEMBER 18, 2009 For these reasons,the Town Board finds that it is appropriate to repeal section 240-79(B) of the Zoning Ordinance. 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: March 17,2008 Mr. Maker stated he has rewritten this Local Law to reflect additional modifications. Councilwoman Seligson would like the Planning Board to receive a copy of this latest version as soon as possible. Mr. Maker will forward a copy with a cover letter to the Planning Board. Once the Town Board has had a chance to review this latest version,a date for the adjourned Public Hearing will be set and the Town Board will officially refer it to the Planning Board for their consideration. On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby adjourn the Public hearing on the "Repeal of the Off Street Parking in Residential Districts" Law,for a future date to be determined. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Fishman, seconded by Commissioner Wittner,the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: David J. Fishman 1. FIRE CLAIMS Commissioner Seligson 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: 2434 CW Corp. Super Wash-09/26/09-Collins $ 12.00 AAA Emergency Supply Corp. Repair to Likas Tool $ 1,365.00 AAA Emergency Supply Corp. SCBA Bottle Recharge and Service $ 149.00 AAA Emergency Supply Corp. Repair of Broken Nozzle $ 70.50 3 NOVEMBER 18, 2009 Cleaning Systems Cleaning Supplies $ 257.33 Cleaning Systems Cleaning Supplies $ 139.26 Con Ed Gas Charges 9/21-10/26/09 $ 29.63 DTM Parts Supply Inc. Autoparts $ 231.97 Fire Rides Inc. Fire Rides Service for Public Open House $ 375.00 G&K Services Cleaning Service Oct'09 $ 134.16 Hi Tech Fire &Safety Repair to Turn Out Gear $ 400.00 IKON Copier Service 10/30-11/29/09 $ 212.13 Inter-State Diagnostic Annual Physical Exams $ 7,182.00 Oakland Beach Deli OSHA Day Training-Colation $ 229.00 Oakland Beach Deli West FTC Drill-Colation $ 169.00 On The Job Embroidery Three Chiefs Shirts $ 204.00 Port Chester Auto Radiator Repair and Replace Heater Cores $ 320.00 Rock-N-Rescue Life Saving Ropes and Equipment $ 677.35 Rye Ford Subaru Auto Parts for Rescue 46 $ 26.00 Sound Shore Contracting Faucet Replacement in Public Bathroom $ 698.00 Sound Shore Pest Control Exterminating Service 9/30&10/27/09 $ 130.00 Tri City Auto Parts Vehicle Supplies minus Credit $ 126.11 Verizon Wireless Cell Service 9/27-10/26/09 $ 298.25 Westech Elevator Services Nov. '09 Elevator Maintenance $ 175.00 Total: $ 13,610.69 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 There being no further business to come before the Commission,on motion of Commissioner Odierna, seconded by Commissioner Fishman,the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Easement Agreement—29 Marbourne Drive Mr. Maker explained the background to this easement as well as the highlights of the agreement. On motion of Councilman Odierna,seconded by Councilman Fishman,the following was unanimously approved: 4 NOVEMBER 18, 2009 Easement Agreement This Agreement made as of November , 2009 between Anthony Vaccaro and Jennifer Vaccaro, residing at 29 Marbourne Drive, Mamaroneck, NY 10543 and the Town of Mamaroneck, a municipal corporation having its principal offices at 740 West Boston Post Road, Mamaroneck, NY 10543. Recitals Whereas,Anthony Vaccaro and Jennifer Vaccaro own the real property which is known by the postal address of 29 Marbourne Drive, Mamaroneck, NY 10543 and which is Block 334, Lot 25 on the Town's tax assessment map,and Whereas, both a sanitary sewer line and a storm water sewer line run under the real property owned by the Vaccaros,and Whereas, the Vaccaros constructed a patio above sections of both the sanitary sewer line and the storm water sewer line,and Whereas, the Vaccaros asked the Town if they can relocate the sanitary sewer line and the storm water sewer line,and Whereas,the Town agreed to the Vaccaros' request on condition that the terms specified herein are observed and followed. Now,therefore,intending to be bound,the parties agree as follows: 1. Definitions. For the purpose of this agreement, the following terms shall have the following meanings: "Approval Date" means the later of the date on which the Superintendent certifies that the work described in paragraph 3 has been completed to his/her satisfaction or the date that the Owners deliver to the Superintendent an "as-built" survey showing the location of the Existing Sanitary Pipe,the New Sanitary Pipe,the Existing Storm Water Pipe,the New Storm Water Pipe and the manholes. "Below Patio Sanitary Pipe" means the section of the Existing Sanitary Pipe which no longer will be used to transport sanitary sewerage once sanitary sewerage is rerouted through the New Sanitary Pipe. "Below Patio Storm Water Pipe" means the section of the Existing Storm Water Pipe which no longer will be used to transport storm water once storm water is rerouted through the New Storm Water Pipe. "Cap" means the impermeable covering to be installed on the ends of the Below Patio Sanitary Pipe and the ends of the Below Patio Storm Water Sewer Pipe.The Superintendent must approve the dimensions of,and the material out of which the Caps are made. "Easement Area" means the real property described in Schedule"A". "Existing Sanitary Pipe" means the sanitary sewer lines, pipes, conduits, connections, drains, filters, fittings,gates, mains, manholes and valves which currently are located under the Owners' Property. "Existing Storm Water Pipe" means the storm water sewer lines, pipes, conduits, connections, drains, filters, fittings, gates, mains, manholes and valves which currently are located under the Owners' Property. "Maintenance" means routine care, clearing of obstructions and when necessary or, in the judgment of the Superintendent,appropriate: repair, replacement or reconstruction. "New Sanitary Pipe" means the SDR-35 Pipe that is designed to transport sanitary sewerage, will be installed in the locations shown on the Plans, will be connected to the Existing Sanitary Pipe and will be the substitute for the Below Patio Sanitary Pipe. The New Sanitary Pipe must be eight(8) inches in diameter. "New Storm Water Pipe" means the concrete Pipe that is designed to transport storm water,will be installed in the locations shown on the Plans,will be connected to the Existing Storm Water Pipe and will be the substitute for the Below Patio Storm Water Pipe. The New Storm Water Pipe must be 15 inches in diameter. "Owners" means Anthony Vaccaro and Jennifer Vaccaro and his, her or their grantees, successors, assigns,distributees, legatees and personal representatives. "Owners' Property" means the real property which is known by the postal address of 29 Marbourne Drive, Mamaroneck, NY 10543 and which is Block 334, Lot 25 on the Town's tax assessment map.The Easement Area is part of the Owners' Property. "Patio" means the patio currently located on the Owners' Property. "Plans" means the drawings and related materials showing (i) the dimensions and location of the Patio, (ii) the location within the Easement Area where the New Sanitary Pipe, the New Storm Water Pipe and the manholes will be installed, (iii) soil borings, (iv) calculations done by a professional engineer licensed by the State of New York which demonstrate to the Superintendent's satisfaction that upon installation, the New Sanitary Pipe will transport sanitary sewerage at a rate at least equal to the rate at which the Existing Sanitary Pipe currently transports sanitary sewerage and (v) calculations done by a professional engineer licensed by the State of New York which demonstrate to the Superintendent's satisfaction that upon installation, the New Storm Water Pipe will transport storm water at a rate at least equal to the rate at which the Existing Storm Water Pipe currently transports storm water. "Superintendent" means the Town's Superintendent of Highways. "Tax" has the same meaning as the definition of"tax" or"taxation" contained in section 102 (20) of the New York Real Property Tax Law. "Town" means the Town of Mamaroneck. 5 NOVEMBER 18, 2009 2. Submission of Plans. No later than sixty (60) days after this agreement is approved by the Town Board of the Town,the Owners shall furnish the Superintendent with the Plans. The Owners shall pay all of the costs and expenses associated with the preparation and if necessary,the revision of the Plans. 3. Relocation of the Sanitary Sewer System and the Storm Water Sewer System. After the Superintendent approves the Plans,at their sole cost and expense,the Owners shall (a) install the New Sanitary Pipe, the New Storm Water Pipe and all of the manholes shown on the Plans within the Easement Area in the locations specified in the Plans, (b)connect the New Sanitary Pipe to the Existing Sanitary Pipe at the locations shown on the Plans, (c) connect the New Storm Water Pipe to the Existing Storm Water Pipe at the locations shown on the Plans, (d) once the New Sanitary Pipe is installed and connected to the Existing Sanitary Pipe, install Caps to the Below Patio Sanitary Pipe at the locations shown on the Plans and (e) once the New Storm Water Pipe is installed and connected to the Existing Storm Water Pipe,install Caps to the Below Patio Storm Water Pipe at the locations shown on the Plans. 4. Time Frame for Construction; Quality of Work. (a) The Owners shall complete the work described in paragraph 3 no later than June 15,2010. (b) The work described in paragraph 3 shall be performed in a good workmanlike manner with high quality materials. (c) (i) If the Owners begin the work described in paragraph 3 and prosecute the work diligently and in good faith, the Superintendent may extend the time within which the work must be completed, if in his/her opinion, there is a good reason why the work could not be completed within the time period set forth in this paragraph. If, however, the Owners do not begin the work described in paragraph 3 or having begun, do not prosecute the work diligently and in good faith and the time within which the work must be completed expires without the work described in paragraph 3 being completed to the Superintendent's satisfaction,the Owners shall remove the Patio at their sole cost and expense. Removal shall be completed within 30 days after the Superintendent notifies the Owners either(i) that the work described in paragraph 3 has not been completed to his/her satisfaction within the time period set forth in this paragraph or any extended period or(ii)that the Owners did not begin the work described in paragraph 3 and the time within which the work must have been completed has expired or (iii) having begun the work described in paragraph 3, the Owners did not prosecute the work diligently and in good faith and the time within which the work must have been completed set forth in this paragraph or any extended period has expired without the work described in paragraph 3 having been being completed to the Superintendent's satisfaction. (ii) If the Owners do not remove the Patio within 30 days after the Superintendent notifies them that they must do so, the Town shall have the right but not the obligation to enter upon the Owners' Property to remove the Patio. The Owners shall reimburse the Town for all of the "soft"and "hard" costs of removing the Patio, including the pro-rated portion of the salaries (including overtime) of Town employees who perform or supervise all or some of the removal. If not paid, the Town shall have the right to add that cost to the Tax imposed by the Town on the Owners' Property. In addition, the Owners shall reimburse the Town for any costs the Town incurs in attempting to collect the cost of removing the Patio (e.g. attorney's fees, fees paid to a collection agency, court costs, etc.). If not paid, the Town shall have the right to add such collection costs to the Tax imposed by the Town on the Owners' Property. 5. Maintenance of the Sanitary Sewer Line. (a) Until the fifth (5'h) anniversary of the Approval Date, at their sole cost and expense, the Owners shall be responsible for the Maintenance of the New Sanitary Pipe,the manholes and the Caps. Thereafter the Town shall be responsible for the Maintenance of the New Sanitary Pipe, the manholes and the Caps. The date on which the Owners will be relieved of the responsibilities imposed by this paragraph will be extended if an event described either in paragraph 5(e) or paragraph 5(f)occurs. (b) Until the Owners are relieved of the responsibilities imposed by this paragraph, if the New Sanitary Pipe, a manhole or a Cap requires Maintenance and the Owners do not perform that Maintenance, the Town, after giving or attempting to give such notice to the Owners as it can based upon the exigencies then existing,shall have the right but not the obligation to enter upon the Owners' Property to perform that Maintenance. The Owners shall reimburse the Town for all of the "soft" and "hard" costs of performing the Maintenance, including the pro-rated portion of the salaries (including overtime) of Town employees who perform or supervise all or some of the Maintenance. If not paid, the Town shall have the right to add that cost to the Tax imposed by the Town on the Owners' Property. In addition, the Owners shall reimburse the Town for any costs the Town incurs in attempting to collect the cost of performing the Maintenance (e.g. attorney's fees,fees paid to a collection agency, court costs, etc.). If not paid,the Town shall have the right to add such collection costs to the Tax imposed by the Town on the Owners' Property. (c) Until the Owners are relieved of the responsibilities imposed by this paragraph,the Owners shall be liable for any personal injury, death or damage to property caused by the New Sanitary Pipe, a manhole or a Cap. Any person who is injured or dies and/or the owner of any property which is damaged due to the New Sanitary Pipe,a manhole or a Cap shall be considered a third-party beneficiary of this agreement. (d) (i) At their sole cost and expense, the Owners shall arrange for camera inspections of the New Sanitary Pipe and the manholes to be conducted no earlier than twenty-four(24) months and no later than twenty-six(26) months after the Approval Date and 6 NOVEMBER 18, 2009 no earlier than fifty-nine(59) months and no later than sixty(60) months after the Approval Date. (ii) Within seven (7) days after a camera inspection is made, the Owners shall submit a copy of the video tape (or other visual medium) of the inspection to the Superintendent. If the Owners fail to conduct a camera inspection when one is required or fail to submit a copy of the video tape (or other visual medium) of a camera inspection to the Superintendent within the time allotted for doing so, the Town, after giving the Owners no less than twenty-four(24) hours' notice, may enter upon the Owners' Property to conduct a camera inspection of the New Sanitary Pipe and the manholes. The Owners shall reimburse the Town for the cost of the camera inspection. If not paid, the Town shall have the right to add the cost of the camera inspection to the Tax imposed by the Town on the Owners' Property. In addition, the Owners shall reimburse the Town for any costs the Town incurs in attempting to collect the cost of such camera inspection (e.g. attorney's fees, fees paid to a collection agency, court costs, etc.). If not paid, the Town shall have the right to add such collection costs to the Tax imposed by the Town on the Owners' Property. (e) If the camera inspection conducted no earlier than fifty-nine (59) months and no later than sixty (60) months after the Approval Date reveals that the New Sanitary Pipe, the manholes or the Caps need Maintenance, at their sole cost and expense, the Owners shall perform such Maintenance. Until such Maintenance is completed to the Superintendent's satisfaction,the Owners shall continue to be responsible for the Maintenance of the New Sanitary Pipe, the manholes and the Caps. Thereafter the Town shall be responsible for the Maintenance of the New Sanitary Pipe,the manholes and the Caps. (f) If a camera inspection is not conducted between the fifty-ninth (59th) month and the sixtieth (60th) month after the Approval Date, the Owners shall continue to be responsible for the Maintenance of the New Sanitary Pipe, the manholes and the Caps until such time as a camera inspection is conducted and such inspection reveals that neither the New Sanitary Pipe,the manholes nor the Caps require Maintenance or if any of them do, at their sole cost and expense,the Owners shall have performed such Maintenance to the Superintendent's satisfaction. Thereafter, the Town shall be responsible for the Maintenance of the New Sanitary Pipe,the manholes and the Caps. (g) The Town shall be responsible for the Maintenance of the Existing Sanitary Pipe, other than the Below Patio Sanitary Pipe, starting with the date upon which the Owners deliver to the Town (1) this agreement signed and acknowledged before a notary public by both of them, (2) the Form TP-584 which is required in order for this agreement to be recorded in the office of the County Clerk of the County of Westchester signed by both of them and (3) the sum of two thousand five hundred fifty and no/100ths ($2,500.00) dollars. 6. Maintenance of the New Storm Water Sewer Line. (a) Until the fifth (5'h) anniversary of the Approval Date, at their sole cost and expense, the Owners shall be responsible for the Maintenance of the New Storm Water Pipe, the manholes and the Caps. Thereafter the Town shall be responsible for the Maintenance of the New Storm Water Pipe,the manholes and the Caps. The date on which the Owners will be relieved of the responsibilities imposed by this paragraph will be extended if an event described either in paragraph 6(e)or paragraph 6(f)occurs. (b) Until the Owners are relieved of the responsibilities imposed by this paragraph, if the New Storm Water Pipe, a manhole or a Cap requires Maintenance and the Owners do not perform that Maintenance, the Town, after giving or attempting to give such notice to the Owners as it can based upon the exigencies then existing, shall have the right but not the obligation to enter upon the Owners' Property to perform that Maintenance. The Owners shall reimburse the Town for all of the "soft" and "hard" costs of performing the Maintenance, including the pro-rated portion of the salaries (including overtime) of Town employees who perform or supervise all or some of the Maintenance. If not paid, the Town shall have the right to add that cost to the Tax imposed by the Town on the Owners' Property. In addition, the Owners shall reimburse the Town for any costs the Town incurs in attempting to collect the cost of performing the Maintenance (e.g. attorney's fees, fees paid to a collection agency, court costs, etc.). If not paid, the Town shall have the right to add such collection costs to the Tax imposed by the Town on the Owners' Property. (c) Until the Owners are relieved of the responsibilities imposed by this paragraph,the Owners shall be liable for any personal injury, death or damage to property caused by the New Storm Water Pipe, a manhole or a Cap. Any person who is injured or dies and/or the owner of any property which is damaged due to the New Storm Water Pipe, a manhole or a Cap shall be considered a third-party beneficiary of this agreement. (d) (i) At their sole cost and expense, the Owners shall arrange for camera inspections of the New Storm Water Pipe and the manholes to be conducted no earlier than twenty-four(24) months and no later than twenty-six(26) months after the Approval Date and no earlier than fifty-nine(59) months and no later than sixty(60) months after the Approval Date. (ii) Within seven (7) days after a camera inspection is made, the Owners shall submit a copy of the video tape (or other visual medium) of the inspection to the Superintendent. If the Owners fail to conduct a camera inspection when one is required or fail to submit a copy of the video tape (or other visual medium) of a camera inspection to the Superintendent within the time allotted for doing so, the Town, after giving the Owners no less than twenty-four(24) hours' notice, may enter upon the Owners' Property to conduct a camera inspection of the New Storm Water Pipe and the manholes. The Owners shall reimburse the Town for the cost of the camera inspection. If not paid, the Town shall have the right to add the cost of the camera inspection to the Tax imposed by the Town on the Owners' Property. In addition, the Owners shall reimburse the Town for any costs the Town incurs in attempting to collect the cost of such camera 7 NOVEMBER 18, 2009 inspection (e.g. attorney's fees, fees paid to a collection agency, court costs, etc.). If not paid, the Town shall have the right to add such collection costs to the Tax imposed by the Town on the Owners' Property. (e) If the camera inspection conducted no earlier than fifty-nine (59) months and no later than sixty (60) months after the Approval Date reveals that the New Storm Water Pipe,the manholes or the Caps need Maintenance, at their sole cost and expense, the Owners shall perform such Maintenance. Until such Maintenance is completed to the Superintendent's satisfaction,the Owners shall continue to be responsible for the Maintenance of the New Storm Water Pipe, the manholes and the Caps. Thereafter the Town shall be responsible for the Maintenance of the New Storm Water Pipe,the manholes and the Caps. (f) If a camera inspection is not conducted between the fifty-ninth (59th) month and the sixtieth (60th) month after the Approval Date, the Owners shall continue to be responsible for the Maintenance of the New Storm Water Pipe, the manholes and the Caps until such time as a camera inspection is conducted and such inspection reveals that neither the New Storm Water Pipe, the manholes nor the Caps require Maintenance or if any of them do, at their sole cost and expense, the Owners shall have performed such Maintenance to the Superintendent's satisfaction. Thereafter, the Town shall be responsible for the Maintenance of the New Storm Water Pipe,the manholes and the Caps. (g) The Town shall be responsible for the Maintenance of the Existing Storm Water Pipe, other than the Below Patio Storm Water Pipe, starting with the date upon which the Owners comply with paragraph 5 (g)• 7. Town has No Responsibility or Liability for Below Patio Sanitary Pipe or Below Patio Storm Water Pipe. (a) The Town shall not be responsible for the Maintenance of the Below Patio Sanitary Pipe or the Below Patio Storm Water Pipe either before or after either or both are capped. Nor shall it be responsible for any damages sustained by the Owners due to the Below Patio Sanitary Pipe or the Below Patio Storm Water Pipe either before or after either or both are capped. (b) If the Patio or any other structure on the Owners' Property is destroyed or damaged due to either the Below Patio Sanitary Pipe or the Below Patio Storm Water Pipe,the Town shall not be responsible for restoring or repairing the Patio or any other structure on the Owners' Property. Nor shall the Town be liable in damages to the Owners if the Patio or any other structure on the Owners' Property is destroyed or damaged due to either the Below Patio Sanitary Pipe or the Below Patio Storm Water Pipe. (c) The Owners shall be liable for any personal injury, death or damage to property caused by the Below Patio Sanitary Pipe or the Below Patio Storm Water Pipe. Any person who is injured or dies and/or the owner of any property which is damaged due to the Below Patio Sanitary Pipe or the Below Patio Storm Water Pipe shall be considered a third-party beneficiary of this agreement. 8.Grant of an Easement; Continuation of Easement Shown on Filed Map. (a) The Owners absolutely and unconditionally grant and convey to the Town, its agents, contractors, employees and licensees, a perpetual easement (1) upon, under, through and across the Easement Area to install, connect, construct, extend, lay, repair, replace or reconstruct sanitary sewer lines, storm water sewer lines, pipes, conduits, connections, drains,filters, fittings,gates, mains, manholes and valves and (2) over the remainder of the Owners' Property for the sole purpose of gaining ingress and egress to and from the Easement Area by persons and equipment. (b) Notwithstanding anything to the contrary stated in this agreement, the Town retains all of its rights in and to in the area denoted "Easement for Drainage Retention and for Sanitary Sewer per FM 20060" shown on the Subdivision Map of Marbourne Meadows,Town of Mamaroneck,Westchester County, made by Arthur J. Van Suetendale III, P.E. and L.S. dated October 27, 1978 and filed in the office of the Westchester County Clerk(Division of Land Records)on October 11, 1979 as Map No.20060. 9. Prohibition on Construction. No building or structure, concrete or masonry wall, patio, nonportable fireplace or grill, or pipe (other than a pipe constructed by the Town or with the Town's prior written consent) shall be installed in the Easement Area except that a lawn, shrubs, plants and flowers can be planted therein and asphalt pavement installed thereon. This prohibition does not apply to the Patio; however,the Patio cannot be increased in size if the increased area is in the Easement Area. 10. Non-disturbance. The Owners shall not disturb the use and enjoyment of this easement by conducting excavations in or near the Easement Area so as to damage or expose the sanitary sewer lines, storm water sewer lines, pipes, conduits, connections, drains, filters, fittings, gates, mains, manholes and valves located therein or to deprive them of physical support. 11. Restoration. If the Town enters upon and disrupts any of the Easement Area, it will restore the area disturbed as nearly as possible to the condition existing prior to its entry, except that the Town may remove any items placed in the Easement Area in violation of paragraph 9. 12. Repair. If any of the sanitary sewer lines, storm water sewer lines, pipes, conduits, connections, drains, filters, fittings, gates, mains, manholes and valves located in the Easement Area require Maintenance, the Town will perform such Maintenance promptly after learning of or being notified of the need for Maintenance. This paragraph shall not apply during the period when the Owners are responsible for Maintenance. During that period, the provisions of paragraphs 5 and 6 shall apply. Nor shall this paragraph apply to the Below Patio Sanitary Pipe or the Below Patio Storm Water Sewer Pipe. 13. Delegation. The Town may delegate the rights granted to it in this agreement to any municipal authority or utility company; provided that such entity agrees to comply with the obligations imposed upon the Town hereunder and provided further that the Town continues to be responsible to perform those obligations if that entity fails to do so. 8 NOVEMBER 18, 2009 14. Notices. (a) A notice which is required or may be given under this agreement shall be in writing and shall be deemed to have been made either(i) on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice) or to someone of suitable age and discretion at the address of that party (or a person who is entitled to a copy of the notice) or (ii) on the first business day after it is sent, if it is sent by a reputable overnight delivery service or(iii) on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the persons who are entitled to receive a copy of a notice are: If to the Owners,to: Anthony Vaccaro and Jennifer Vaccaro(or the name of the owner of the Owners' Property that appears on the Town's tax assessment roll when the notice is sent) 29 Marbourne Drive Mamaroneck, NY 10543 If to the Town: Town of Mamaroneck Town Center 740 West Boston Post Road Mamaroneck, NY 10543 Att:Town Administrator With a copy to: Town of Mamaroneck Town Center 740 West Boston Post Road Mamaroneck, NY 10543 Att: Town Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. (b) Paragraph 14 (a) shall not apply if an event described in paragraph 5 (b) or in paragraph 6 (b) occurs. 15. "Run with the Land". The provisions of this agreement shall run with the land and be binding upon and inure to the benefit of and be enforceable by and against (i) the Owners and his, her or their grantees, successors, assigns, distributees, legatees and personal representatives and (ii) the Town and its grantees,successors and assigns. 16. Additional Instruments. The parties shall execute, acknowledge before a notary public and deliver to each other any and all instruments which may reasonably be required to give full force and effect to this agreement or to record this agreement in the office of the County Clerk of the County of Westchester. 17. No Waiver of Rights. The failure of a party to insist upon the strict performance of, or to commence an action to enforce this agreement shall not be construed as a waiver of the right to do so should a breach of this agreement occur subsequently. 18. Gender. Whenever required or appropriate,words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in either of the other two genders. 19. Severability. If any court determines that a portion of this agreement is invalid, illegal or unenforceable,the remaining provisions shall remain in effect. 20. Complete Agreement. This agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. All prior agreements between the parties regarding the subject matter contained herein — whether oral or written — are merged into this agreement and do not survive it as this agreement expresses their entire understanding on the subject matter contained herein. 21. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. 22. Captions. The headings preceding the paragraphs of this agreement are for reference purposes only and shall not be considered when interpreting the meaning of this agreement. 2. Authorization—Capital Projects Fund Closeout and Associated Transfers Capital Projects Fund—Project Length Closeout&Transfer Schedule for all Completed Capital Projects,and Capital Projects Closeout Inter Fund Transfers Schedule are entered into the Minutes as: Attachment A&B 9 NOVEMBER 18, 2009 On motion of Councilman Fishman,seconded by Councilwoman Wittner,it was RESOLVED,that the Mamaroneck Town Board does hereby accept the Closeout and Transfer Schedule as prepared by the Town Comptroller and entered into the Minutes as Attachments A and B,and BE IT, FURTHER RESOLVED,that the Mamaroneck Town Board does hereby approve the interfund transfers to close out the Capital Projects. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 3. Approval of Certiorari On motion of Councilman Odierna,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: Frank Calogero 8 Valley Place Larchmont, NY, 10538 Block: 131 Lot: 11 Town of Mamaroneck Year Assessment Reduced Assessment 2007 $10,000 $7,500 2008 $10,000 $7,500 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 Councilwoman Wittner,it was RESOLVED,that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Myrtle Boulevard Apartment Corporation 172 Myrtle Boulevard Larchmont, NY 10538 10 NOVEMBER 18, 2009 Block: 133 Lot: 652 Town of Mamaroneck/Village of Larchmont Year Assessment Reduced Assessment 2005 $48,500 $48,500 2006 $48,500 $48,500 2007 $48,500 $44,000 2008 $48,500 $43,000 2009 $48,500 $42,000 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 Councilwoman Wittner,it was RESOLVED,that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: EI-Tech Technology, Inc. 7 Woodland Avenue Larchmont, NY, 10538 Block: 603 Lot: 299 Town of Mamaroneck/Village of Larchmont Year Assessment Reduced Assessment 2008 $56,000 $39,000 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 Councilman Fishman,it was RESOLVED,that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Donna Sturino 627 Mamaroneck Avenue Mamaroneck, NY 10543 Block:822 Lot: 252 Town of Mamaroneck/Village of Mamaroneck Year Assessment Reduced Assessment 2008 $14,000 $10,500 11 NOVEMBER 18, 2009 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 4. Sale of Surplus Vehicles On motion of Councilman Odierna,seconded by Councilwoman Wittner,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby declare the following pieces of equipment are no longer necessary for the operations within the Town government and therefore declared surplus,and BE IT, FURTHER RESOLVED,that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute the sale of this equipment. 1996 Ford E350 Bus,VIN# 1FDKE30H9THA28642 Fleet 175 1994 Ford Tractor,VIN #C422238 Fleet 1111994 Ford L9000 Packer Garbage Truck,VIN #1FDZW90L2RVA18371 1973 Zambonie 5. Salary Authorization-Recreation Recreation On motion of Supervisor O'Keeffe,seconded by Councilwoman Seligson,it was RESOLVED,that as provided for in the 2009 Town Budget the Town Board does hereby authorize the payment of salary to the following: Hommocks Pool effective 11/17/09 Cathleen Scanlon Early Morning Swim $26.00 per session Lifeguard $12.50 per hour YOUTH HOCKEY effective retroactive to 11/7/09 Michael Chiapparelli Instructor $25.00 per hour Tyler Curico Assistant Instructor $15.00 per hour Scott Hagan Junior Instructor $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 12 NOVEMBER 18, 2009 APPROVAL OF MINUTES—November 4, 2009 On motion of Supervisor O'Keeffe,seconded by Councilwoman Seligson,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve the Town Board Minutes from the meeting of November 4,2009. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None SUPERVISOR'S REPORT Supervisor O'Keeffe reported that the Board as well as Town personnel are doing major work on the 2010 Budget. The Supervisor reported on the recent presentation co-sponsored by the Summit and the League of Women Voters. The topic was revaluation and property assessment; speakers included Steve Altieri,Town Administrator and Lee Kyriacou, Executive Director of the New York State Office of Real Property Services. The presentation can be seen in its entirety thru LMC-TV. Councilman Fishman added that revaluation is not a tax increase; it is a way to make the assessment fair for the purposes of taxing. REPORT OF COUNCIL Councilman Fishman attended the Housing Authority Meeting,at which they discussed their 2010 budget. The Authority continues to operate very strongly. There have been no rent increases since 2001-while still maintaining capital improvements such as new boilers, new carpeting and weather-stripping. No increase is expected for 2010. Councilman Fishman also noted the improvements to the sidewalk around the entrance to the Hommocks Middle School were paid thru the Authority's pay back of pilot program funds in the amount of$40,000.00. Councilwoman Seligson attended,as did her colleagues,the Veterans' Day events in the Town and Villages. She attended the Planning Board Meeting on November 11. Councilwoman Wittner noted the many Public Budget Meetings the Town has held. She noted that at the last Town Board Meeting she asked residents to e-mail her with their requests for more information to be available on the Town web-site;the Larchmont Gazette put the request on their web-site as well. Councilwoman Wittner sated she received one email. Councilman Odierna stated he received five a-mails in response to Councilwoman Wittner's request. Councilman Odierna attended the Recreation Commission Meeting on November 10`",adding Breakfast with Santa will be December 20`". The League of Woman Voters held a forum on Consolidation and Shared Services on November 6`"at Hector's in the Village of Mamaroneck. Councilman Odierna noted the important upcoming meeting regarding the school district budget on November 30`". The Larchmont Chamber of Commerce will begin meeting again; Councilman Odierna will be attending those meetings. December 13`"will 'kick-off'shopping in the Village of Larchmont for the holiday season. Mr.Altieri noted that after December 15`", residents will need to bag their leaves for pick up.Additionally,a Saturday leaf pick up will be conducted this weekend. The Town was hoping to not add Saturday leaf pick up due to the additional overtime required, but has found the additional pick up this Saturday a necessity. ADJOURNMENT On motion of Councilwoman Wittner,seconded by Councilwoman Seligson the meeting was unanimously adjourned at 10:15PM. 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