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HomeMy WebLinkAbout2010_05_19 Town Board Minutes May 19, 2010 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON WEDNESDAY, MAY 19,2010, BEGINNING AT S:OOPM IN CONFERENCE ROOM C 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: Linda Silvestre, Deputy Town Clerk,Work Session Cindy Atiencia, Deputy Town Clerk, Regular Meeting Stephen V.Altieri,Town Administrator William Maker,Jr.,Town Attorney ABSENT: Christina Battalia,Town Clerk CALL TO ORDER On motion of Councilwoman Wittner,seconded by Councilwoman Seligson the Work Session was unanimously opened at S:OOPM. Meeting with Larchmont Village Board of Trustees to Discuss the Consolidation/Shared Services Report In attendance from the Village: Mayor Josh Mandel,Trustee Marlene Kolbert,Trustee Jaine Eney, Trustee Anne McAndrews. Representing the Consolidation/Shared Services Committee was their Chair Bill Denzer. The Boards discussed the first recommendation of the Committee: 1. Larchmont Mamaroneck Town Joint Detective Task Force On motion of Councilman Fishman,seconded by Councilman Odierna,the following was unanimously approved; WHEREAS,the Town Board of the Town of Mamaroneck and the Larchmont Village Board of Trustees have met to discuss the Shared Services/Consolidation Study Group Report,and WHEREAS,there is a general consensus to pursue the recommendation to create a Joint Detective Task Force. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board hereby endorses the spirit of creating a Joint Detective Task Force and that the Town and Village will evaluate the mechanics and feasibility of this recommendation. 1 May 19, 2010 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. PUBLIC HEARING(S) — Overnight Parking Exemption—Laurel Avenue The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING ADJOURNED to May 19,2010 ADJOURNED to May 5,2010 April 7, 2010 PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday May 19, 2010 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 "Overnight Parking Exemption —Laurel Avenue" Law Purpose: Residents of Laurel Avenue have appeared before the Traffic Committee expressing their concerns regarding an overabundance of cars parking overnight on Laurel Avenue. The residents before the Traffic Committee stated Laurel Avenue is unlike any other street in the Town of Mamaroneck, in which overnight parking is prohibited and the overnight parking regulations should be consistent. Currently, Laurel Avenue is one of approximately 14 streets in the Town of Mamaroneck that are exempt from the 3:OOAM to 6:OOAM ban. The full text of this Local Law may be examined and copies obtained at the Town Clerk's office during regular hours, Monday - Friday, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM 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 22,2010 On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,the Public Hearing was unanimously opened. Supervisor O'Keeffe asked the Town Attorney, Bill Maker to explain the proposed Local Law. Supervisor O'Keeffe asked if anyone wished to comment on the proposed Local Law. Dennis O'Toole, previously resided at 102 Laurel Avenue and currently living at 52 Edgewater Place, explained how this street is no different than any other in the Town. He thinks it is important to help maintain values of homes in the Town. Maureen Denyshenko,currently residing at 95 Laurel Avenue,asked why the other streets currently exempted are not being discussed at this time. Supervisor O'Keeffe stated that no such request has come before the Traffic Committee. On motion of Councilwoman Wittner,seconded by,Councilwoman Seligson,the Public Hearing was unanimously closed. On motion of Councilman Odierna,seconded by Councilwoman Wittner,the following was approved, 2 May 19, 2010 Local Law No. 6-2010 This Local Law shall be known as the "No Overnight Parking on a Section of Laurel Avenue" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: Although overnight parking generally is prohibited in the Town of Mamaroneck, there are certain streets where this prohibition does not apply. Currently the south side of Laurel Avenue between Thompson Street and Weaver Street is exempt from the prohibition.The Town Board has determined that the section of Laurel Avenue between Weaver Street and the dead end no longer should be exempt. This law puts into effect the Town Board's finding. Section 2—Regulation of Parking on a section of Laurel Avenue: The exemption from the prohibition against overnight parking for the section of the south side of Laurel Avenue between Weaver Street and the dead end of Laurel Avenue is repealed. No motor vehicle shall be parked on either side of the aforementioned section of Laurel Avenue between the hours of 3:OOAM and 6:OOAM (prevailing time). Section 3—Sign(s)to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surface of Laurel Avenue indicating where and when parking is prohibited by this law. Section 4—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5—Effective Date: This Local Law shall become effective upon the later of June 19, 2010 or its filing with the Secretary of State. The above resolution was put to a roll call vote: Fishman NO 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 Seligson,the Board of Fire Commissioners was unanimously declared open. 3 May 19, 2010 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 Witter,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: 911 Wear Uniform for FF Brady $ 308.00 911 Wear Uniform for FF Cassidy 138.00 Cablevision Cable Service 4/23-5/22/10 116.18 Christopher Pallett Reimb. For Supplies for Window Prop 350.26 Clarity Testing Pre-Employment Physical-M.Cassidy 375.00 Clarity Testing Pre-Employment Physical-M.Brady 375.00 Clarity Testing Pre-Employment Drug Test-M.Cassidy 60.00 Clarity Testing Pre-Employment Drug Test-M.Brady 60.00 Cleaning Systems Cleaning Supplies 278.84 Fire End &Croker Nozzle&Tip 346.45 Oakland Beach Deli Food for Training 4/10&4/20/10 411.00 Poland Springs Drinking Water for March/10 68.12 Robert's Dept Store Safety Vests 216.00 Verizon Service for 4/10-5/9/10 294.64 Warnock Fleet Emergency Lights for New Tahoe 4,760.42 Westech Elevator Service for May 2010 175.00 Total: $ 8,332.91 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. PRESENTATION—REPLACEMENT OF FIRE APPARATUS Chief Sean McCarthy presented a slide show demonstrating the need for the proposed purchase of(2) Fire Fighting Apparatus and Equipment. The proposal is to replace Rescue 6, Rescue 46 and Engine 37. Rescue 6 responds to all EMS calls; it carries the 'Jaws of Life'and goes extensively on the Thruway.The current Rescue 6 can only transport two fire fighters,this causes safety issues as only two firefighters cannot optimally secure a fire scene;the proposed apparatus would carry four. It is no longer cost effective to continue maintaining this apparatus in their current state. Some additional deficiencies with this apparatus would be that it is not big enough to sufficiently carry the equipment, which causes firefighters to often return to the Fire House for additional equipment. The proposed apparatus would also have 'scene' lighting;this is crucial for safety at fires. The cost for this apparatus is$425,000. 4 May 19, 2010 Engine 37 is pure steel and has extensive corrosion. It currently has two uncovered seats for firefighters currently not up to safety standards.The other seats have lap belts only; during any type of collision this would cause a dangerous situation for the firefighter. The new apparatus would have a 750 gallon water tank versus the current 500 gallons. The new apparatus has additional tower lighting as well as a hydraulic ladder system for swift and safer ladder deployment. The cost for this apparatus is$550,000. Chief McCarthy emphasized the absolute bare bones of these apparatus;the Department fully understands the financial environment this purchase is taking place in. Delivery of these vehicles would be January 2011 for the rescue truck,and the pumper would be May 2011. The Board noted that this purchase does not appear to be a duplication of existing apparatus with respect to any conversation the Town and Village are currently conducting regarding consolidation and or shared services. Supervisor O'Keeffe also noted she spoke with Mayor Mandell on this very topic and he agreed there is no conflict with duplication. 3. RESOLUTIONS FOR THE PURCHASE OF FIRE APPARATUS (a) SEAR ACTION On the motion of Commissioner Wittner,Seconded by Commissioner Seligson,it was RESOLVED,that the Mamaroneck Board of Fire Commissioners as lead agency, has determined that the proposed action described,will not have a significant environmental impact and a Draft Impact Statement will not be prepared,and BE IT FURTHER, RESOLVED,that Replacement of Fire Apparatus is hereby declared to be an Unlisted Action, having no impact under the New York State Environmental Quality Review Act(SEQRA,and BE IT FURTHER, RESOLVED,that the action contemplated by the Mamaroneck Board of Fire Commissioners is to authorize a bond resolution for the replacement of two pieces of fire apparatus used by the Fire Department. Specifically the bonds resolution authorizes the Fire District to borrow funds for the purchase of one heavy fire rescue apparatus and one fire pumper. 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 (b) BOND RESOLUTION - PURCHASE OF FIRE APPARATUS The following resolution was offered by Commissioner Wittner,who moved its adoption, seconded by Commissioner Seligson,to-wit A RESOLUTION AUTHORIZING THE PURCHASE OF FIRE FIGHTING VEHICLES, INCLUDING APPARATUS AND EQUIPMENT, FOR THE MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK,AT A MAXIMUM ESTIMATED COST OF $1,050,000, AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,050,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF. 5 May 19, 2010 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; NOW,THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck,Westchester County, New York,as follows: Section 1. The purchase of fire fighting vehicles,including apparatus and equipment,for the Mamaroneck Fire District in the Town of Mamaroneck,Westchester County, New York,is hereby authorized at a maximum estimated cost of$1,050,000. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of$1,050,000 serial bonds of said Fire District 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 class of objects or purposes is fifteen years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Mamaroneck Fire District in the 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 Fire District,a tax without limitation as to rate or amount 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 Fire District Treasurer,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 Fire District Treasurer,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 Fire District Treasurer,the chief fiscal officer of such Fire District. 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 forth and contain such recitals,in addition to those required by Section 51.00 of the Local Finance Law,as the Fire District Treasurer 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: a) Such obligations are authorized for an object or purpose for which said Fire District is not authorized to expend money,or b) 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 C) 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. 6 May 19, 2010 Section 9. Upon this resolution taking effect,the same shall be published in summary form in the official newspaper of said Fire District for such purpose,together with a notice of the Fire District Secretary in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. This resolution is adopted subject to approval at a special election of said Fire District to be held on June 22,2010 The question of the adoption of the foregoing resolution was duly put to a vote on roll all,which resulted as follows: Commissioner David Fishman VOTING Aye Commissioner Nancy Seligson VOTING Aye Commissioner Ernest Odierna VOTING Aye Commissioner Phyllis Wittner VOTING Aye Commissioner Valerie M.O'Keeffe VOTING Aye (c) RESOLUTION CALLING FOR SPECIAL FIRE DISTRICT ELECTION On motion of Commissioner Seligson,seconded by Commissioner Wittner,the following was approved RESOLUTION CALLING SPECIAL FIRE DISTRICT ELECTION WHEREAS,the Board of Fire Commissioners of the Mamaroneck Fire District in the Town of Mamaroneck,Westchester County, New York has heretofore at this meeting adopted a bond resolution authorizing the purchase of fire fighting vehicles,including apparatus and equipment,at a maximum estimated cost of$1,050,000,which is subject to the approval of the qualified voters of said Fire District,NOW,THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck,Westchester County, New York,as follows: Section 1. A special election of the qualified voters of Mamaroneck Fire District in the Town of Mamaroneck,Westchester County, New York,is hereby authorized to be held on the 22nd day of June,2010,at the Weaver Street Fire House,in Mamaroneck, New York,in said Fire District, between the hours of 6:00 o'clock P.M.and 9:00 o'clock P.M., Prevailing Time,to vote BY PAPER BALLOT upon the adoption or rejection of the bond resolution heretofore adopted at this meeting. Section 2. The notice of such special election shall be in substantially the form attached hereto as Exhibit A,and hereby made a part hereof. Section 3. The Secretary of said Fire District is hereby authorized to give notice of such special election by publication in the Journal News,a newspaper having a general circulation in said Fire District, not less than twenty-seven (27) nor more than thirty-four (34)days prior to the date of such election. Section 4. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call,which resulted as follows: Commissioner David Fishman VOTING Aye Commissioner Nancy Seligson VOTING Aye Commissioner Ernest Odierna VOTING Aye Commissioner Phyllis Wittner VOTING Aye Commissioner Valerie M.O'Keeffe VOTING Aye (d) RESOLUTION SETTING TIME AND PLACE OF MEETING OF INSPECTORS OF ELECTION 7 May 19, 2010 RESOLUTION SETTING TIME AND PLACE OF MEETING OF INSPECTORS OF ELECTION The following resolution was offered by Commissioner Fishman,who moved its adoption,seconded by Commissioner Seligson,to-wit: RESOLUTION SETTING THE TIME AND PLACE OF A MEETING OF THE INSPECTORS OF ELECTION OF MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, FOR THE PURPOSE OF PREPARATION OF THE FIRE DISTRICT ELECTION REGISTER. WHEREAS,the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck,Westchester County, New York, heretofore resolved on May 19,2010 to call a special election of said Fire District, such special election to be held at the Weaver Street Fire House, in Mamaroneck, New York,in said Fire District,on the 22nd day of June,2010, between the hours of 6:00 o'clock P.M.,and 9:00 o'clock P.M., Prevailing Time; and WHEREAS, pursuant to Section 175-a of the Town Law,only persons registered with the County Board of Elections on or before June 1,2010, the date 21 days prior to the date of the election (the 23rd day being a Sunday,the 22nd day being a federal holiday),shall be entitled to vote in such special election; and WHEREAS,such Section 175-a requires that a resolution setting the time and place of the meeting of the election inspectors appointed by said Board of Fire Commissioners of said Fire District for the aforesaid special election be adopted at least thirty days prior to such special election; NOW,THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck,Westchester County, New York; Section 1. The inspectors of election approved by resolution duly adopted by said Board of Fire Commissioners on May 19, 2010, shall meet at the Mamaroneck Town Clerk's Office,Town Center,740 West Boston Post Road, located in Mamaroneck, New York,in said Fire District,on the 2nd day of June,2010 at 4:30 o'clock P.M.to commence preparation of the register of those persons eligible to vote in such special election. In accordance with said Section 175-a of the Town Law,only those persons registered with the Board of Elections of County on or before June 1,2010,the date 21 days prior to the date of the election will be entitled to vote at such special election. Section 2. This resolution shall take effect immediately,and neither publication nor posting is required. The question of the adoption of the foregoing resolution was duly put to a vote on roll all,which resulted as follows: Commissioner David Fishman VOTING Aye Commissioner Nancy Seligson VOTING Aye Commissioner Ernest Odierna VOTING Aye Commissioner Phyllis Wittner VOTING Aye Commissioner Valerie M.O'Keeffe VOTING Aye There being no further business to come before the Commission,on motion of Commissioner Seligson,seconded by Commissioner Wittner,the Commission unanimously adjourned and the Town Board reconvened. 8 May 19, 2010 AFFAIRS OF THE TOWN 1. RESOLUTION—THIRD AMENDMENT SPECIAL PERMIT FCD MAMARONECK LLC AND BYRON PLACE ASSOCIATES LLC Present was Mr.Andrew Tung, representing the developer. Mr.Altieri stated that at the previous Town Board Meeting the Town Board received a presentation by Mr.Tung. At that meeting the Town Board authorized the Town Attorney to draft the resolution before the Board this evening approving those changes. On motion of Councilwoman Phyllis Wittner, seconded by Councilman Ernest Odierna, the following was approved: Whereas,on October 18,2006,the Town Board adopted a resolution wherein it issued a Special Permit to FCD Mamaroneck, LLC for the construction of the mixed-use development,subject to the conditions and requirements contained in the Town Board's October 18,2006 resolution ("Special Permit"), and Whereas,on April 2,2008,the Town Board adopted a resolution whereby it granted the First Amendment to the Special Permit,and Whereas,on November 8,2008,the Town Board adopted a resolution whereby it granted the Second Amendment to the Special Permit; and Whereas,on February 24,2010, Byron Place Associates LLC and FCD Mamaroneck LLC ("Applicants") petitioned the Town Board for a third amendment to the Special Permit which,if granted,would (a)increase the maximum number of dwelling units from 139 to 149 with the 10 additional units being evenly split between one-bedroom and two- bedroom units,(b)increase the number of rental workforce housing units from 9 to 10 with 8 such units being one-bedroom units and 2 such units being two-bedroom units,(c) increase the number of residential parking spaces within the garage from 246 to 261(if there were a ramp connecting the garage's upper level to the other levels of the garage) or 267(if that ramp were eliminated)and (d) locate the western wall of the building approximately 4 feet closer to Maxwell Avenue than the location approved by the Special Permit,as twice amended,and Whereas,on March 3,2010,the Town Board,as required by section 240-25F of the Mamaroneck Code, referred the Applicants' petition to the Planning Board for a report on the request for a third amendment to the Special Permit,and Whereas,on April 14,2010,the Planning Board entertained the referral from the Town Board and resolved to recommend approval of the third amendment to the Special Permit,as requested by the Applicants,and Whereas,the Town Board received the Planning Board's report and after due notice conducted a public hearing on May 5,2010 on the Applicants' request for a third amendment to the Special Permit,and Whereas,on April 21,2010,the notices required to be sent by sections 277.61 and 277.71 of the Administrative Code of the County of Westchester were mailed to the Westchester County Planning Board,the Clerk of the City of New Rochelle,the Clerk of the Village of Larchmont,the Clerk of the Village of Mamaroneck,the Clerk of the Village of Scarsdale,the Clerk of the Town of Harrison and the Clerk of the Town of Rye,and Whereas, neither the Westchester County Planning Board,the City of New Rochelle,the Village of Larchmont,the Village of Mamaroneck,the Village of Scarsdale, the Town of Harrison nor the Town of Rye responded to the April 21, 2010 notice,and Whereas,at the public hearing all persons wishing to be heard were given an opportunity to address the Town Board either orally or in writing,and 9 May 19, 2010 Whereas,the public hearing was closed on May 5,2010,and Whereas,on March 3,2010,the Town Board designated itself as the Lead Agency under the State Environmental Quality Review Act("SEQRA")for the environmental review of the Applicants' request for a third amendment to the Special Permit and directed the Town's staff to advise the other involved agencies(as that term is defined in the regulations promulgated by the New York State Department of Environmental Conservation pursuant to SEQRA)of the Town Board's decision to act as Lead Agency so that those agencies would have the opportunity to contest the Town Board's designation,and Whereas,on March 9,2010,the Town's Environmental Officer sent a notice advising of the Town Board's designation of itself as the Lead Agency under SEQRA for the environmental review of the Applicants' request for a third amendment to the Special Permit to each of the agencies which appear on the List of Involved Agencies for the Byron Place application that is appended to the March 9,2010 notice("Involved Agencies"),and Whereas, more than 30 days have elapsed since the Town's Environmental Officer sent the March 9,2010 notice to each of the Involved Agencies,and Whereas, none of the Involved Agencies responded to the March 9,2010 notice,and Whereas,on May 5,2010,the Town Board reconfirmed its designation of itself as the Lead Agency under SEQRA for the environmental review of the Applicants' request for a third amendment to the Special Permit, and Whereas,on May 5,2010,the Town Board adopted a Negative Declaration (as that term is defined in the regulations promulgated by the New York State Department of Environmental Conservation pursuant to SEQRA)with respect to the Applicants' request for a third amendment to the Special Permit. Now,therefore,after due deliberation, be it resolved as follows: The request for a third amendment to the Special Permit as presented in the Applicants' petition dated February 19,2010(text and graphics)which (a)increases the maximum number of dwelling units from 139 to 149,with the 10 additional units being evenly split between one-bedroom and two-bedroom units,(b)increases the number of workforce housing units from 9 to 10,with 8 such units being one-bedroom units and 2 such units being two-bedroom units,(c)increases the number of residential parking spaces within the garage from 246 to 261 (if there were a ramp connecting the garage's upper level to the other levels of the garage)or 267(if that 1. ramp were eliminated)and (d) locates the western wall of the building approximately 4 feet closer to Maxwell Avenue than the location approved by the Special Permit,as twice amended is granted subject to the following conditions and requirements: (a) Of the 10 rental workforce housing units,8 will be one-bedroom units and 2 will be two bedroom units, (b) The garage shall be built with the ALTERNATIVE W/O RAMP shown on page A-03 of exhibit 3 to the Applicants' petition so that the total number of parking spaces within the garage will be 267, and (c) Within 60 days of the adoption of this resolution,the owner(s)of record of the real property described on Schedule"A"of the Declaration of Covenants made as of January 12,2007 which the County Clerk of the County of Westchester recorded on February 14, 2007 under Control Number 470230111 shall submit for recording to the County Clerk of the County of Westchester an amendment to that Declaration of Covenants,approved by the attorney for the Town of Mamaroneck,which will provide that the mixed-use development will have 10 rental work force housing units,of which 8 will be one- bedroom units and 2 will be two bedroom units and that each rental workforce housing unit will be assigned one parking space within the garage. 10 May 19, 2010 2. Within 5 business days of the adoption of this resolution,the Town Administrator or other duly authorized person (i)shall ascertain whether a copy of this resolution has been filed in the office of the Town Clerk and if not,shall cause a copy to be so filed and (ii) shall transmit by first-class mail,telefax or electronic mail,a copy of this resolution and the Negative Declaration to the Applicants and to the agencies which are either interested or involved agencies under the regulations promulgated by the New York State Department of Environmental Conservation pursuant to the SEQRA. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. AMENDMENT—TOWN CENTER BUILDING USE POLICY On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was RESOLVED,that the Town Board does hereby adopt the revised policy and fee schedule for the use of the Town Center Building effective May 19,2010. Proposed Fee Schedule Community Org. Community Non-Community Non Community Non Revenue Organization Organization Non Organization Room Event Revenue Event Revenue Event Revenue Event Conference Room A&D No Charge $60.00 $85.00 $115.00 Conference Room C No Charge $80.00 $110.00 $135.00 Court Room No Charge $125.00 $195.00 $250.00 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 3. BONDING RESOLUTIONS FOR 2010 CAPITAL PROJECTS a.) Highway Superintendant Vehicle-$25,000 The following resolution was offered by Supervisor O'Keeffe,who moved its adoption,seconded by Councilwoman Wittner,to-wit: A RESOLUTION AUTHORIZING THE PURCHASE OF A FOUR-WHEEL DRIVE VEHICLE FOR THE HIGHWAY SUPERINTENDENT, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $25,000 AND AUTHORIZING THE ISSUANCE OF$25,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. 11 May 19, 2010 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 purchase of a four-wheel drive vehicle for the Highway Superintendent,in and for the Town of Mamaroneck,Westchester County, New York,including original equipment,and incidental expenses in connection therewith,is hereby authorized at a maximum estimated cost of$25,000. Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of$25,000 serial bonds of said Town hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is at least five years, pursuant to subdivision 28 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 not 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 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. Section 9. This resolution,which takes effect immediately,shall be published in 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. 12 May 19, 2010 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 Councilman Ernest Odierna VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye b.) Purchase of Highway/Parks/Recreation Equipment-$535,000 The following resolution was offered by Councilman Odierna,who moved its adoption,seconded by Councilwoman Seligson,to-wit: A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $535,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF MACHINERY AND APPARATUS FOR CONSTRUCTION, MAINTENANCE AND SNOW REMOVAL, FOR SAID TOWN. WHEREAS,the capital items hereinafter described,as proposed, have been determined to be Type II Actions pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act,which regulations state that Type II Actions will not have a significant effect on the environment; NOW,THEREFORE, 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. For the class of objects or purposes of paying the cost of the purchase of machinery and apparatus for construction, maintenance and snow removal purposes,each item of which is$30,000 or more, including incidental equipment and expenses in connection therewith,in and for the Town of Mamaroneck,Westchester County, New York,there are hereby authorized,subject to permissive referendum,to be issued $535,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of said class of objects or purposes is$535,000 and that the plan for the financing thereof is by the issuance of the$535,000 of bonds of the Town authorized to be issued therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. 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,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 5. 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. 13 May 19, 2010 Section 6. All other matters,except as provided herein relating to such bonds,including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town),the date,denominations, maturities and interest payment dates, place or places of payment,and also including the consolidation with other issues,shall be determined by the Supervisor. 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 52.00 of the Local Finance Law,as the Supervisor shall determine. Section 7. 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 8. 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 9. Upon this resolution taking effect,the same shall be published in 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. 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 Councilman Ernest Odierna VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. c.) Road Paving/Curbing-$1,080,000 The following resolution was offered by Supervisor O'Keeffe,who moved its adoption,seconded by Councilwoman Seligson,to-wit: A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $1,080,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF VARIOUS ROADS THROUGHOUT AND IN AND FOR SAID TOWN. 14 May 19, 2010 WHEREAS,the capital project hereinafter described,as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act,which regulations state that Type II Actions will not have a significant effect on the environment; NOW,THEREFORE, 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. For the class of objects or purposes of paying the cost of the reconstruction of various roads throughout and in and for the Town of Mamaroneck,Westchester County, New York,including drainage,sidewalks,curbs,gutters, landscaping,grading or improving rights-of-way,as well as other incidental improvements and expenses in connection therewith,there are hereby authorized,subject to permissive referendum,to be issued $1,080,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of said class of objects or purposes is$1,080,000 and that the plan for the financing thereof is by the issuance of the$1,080,000 of bonds of the Town authorized to be issued therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c)of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. 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,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 5. 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 6. All other matters,except as provided herein relating to such bonds,including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds,appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town),the date,denominations, maturities and interest payment dates, place or places of payment,and also including the consolidation with other issues,shall be determined by the Supervisor. 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 52.00 of the Local Finance Law,as the Supervisor shall determine. Section 7. 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 8. 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 15 May 19, 2010 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 9. Upon this resolution taking effect,the same shall be published in 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. 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. d.) Set Public Hearing-Water District No. 1-$1,550,000 On the motion of Councilwoman Wittner,seconded by,Councilman Fishman it unanimously approved; NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Hall, in Mamaroneck, New York, in said Town, on June 2, 2010, at 8:15 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of Water District No. 1, in said Town, being the construction of improvements to and reconstruction of the water supply, filtration and distribution system, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,550,000. It has been determined that said project is a TYPE II Action under the regulations promulgated under the State Environmental Quality Review Act and SEQRA compliance materials are available for inspection at the Office of the Town Clerk where they may be inspected during normal business hours. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, May 22,2010. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk 4. REPORT OF BIDS—ROAD RESURFACING The following report of bids is entered into the records as: Attachment A On motion of Councilwoman Wittner,seconded by Councilman Fishman,the following was approved, 16 May 19, 2010 WHEREAS,on May 6,2010 the Town publicly opened and read ten (10) bids for Contract TA-10-04 Resurfacing of Various Roads. NOW THEREFORE, BE IT RESOLVED,that the Town Board does hereby award Contract TA-10-04 Resurfacing of Various Roads,to the lowest responsible bidder, Petrillo Construction of Mount Vernon, NY for the resurfacing of Various Roads,at a total cost of$410,000; and BE IT FURTHER, RESOLVED,that the Town Administrator is authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. SALARY AUTHORIZATIONS Recreation On motion of Councilwoman Wittner,seconded by Councilman Fishman,it was RESOLVED,that as provided for in the 2010 Town Budget the Town Board does hereby authorize payment of salary to the following: Tiffany Contreras Lifeguard $11.25/hour Liz Eney Lifeguard $10.00/hour Swim Instructor $13.00/hour Annie Kravet Lifeguard $10.50/hour Lindsay Lifeguard $10.25/hour Naughton Swim Instructor $17.50/hour Rob Micelli Lifeguard $12.25/hour The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 6. Approval of Certiorari On motion of Councilman Odierna,seconded by Councilman Fishman,it was RESOLVED,that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Spadaro Realty Properties 155-157 Mamaroneck Avenue 17 May 19, 2010 Mamaroneck, NY 10543 Block: 912 Lot: 1 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2003 $25,900 $19,200 2004 $25,900 $17,200 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 Seligson,it was RESOLVED,that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Spadaro Realty Properties 322 Mamaroneck Avenue Mamaroneck, NY 10543 Block: 907 Lot: 163 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2000 $25,700 $21,150 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilwoman Seligson,seconded by Councilman Fishman,it was RESOLVED,that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Spadaro Realty Properties 136-138 Mamaroneck Avenue Mamaroneck, NY 10543 Block: 913 Lot: 254 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2003 $11,250 $6,000 2004 $11,250 $5,350 18 May 19, 2010 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES—April 21,2010 On motion of Councilman Fishman,seconded by Councilwoman Wittner,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve the Town Board Minutes from the meeting of April 21,2010. ORAL COMMUNICATIONS Mr. Bryan Rohman,from the Larchmont Gardens'Civic Association noted the wonderful Spring Fling last Saturday. Mr. Rohman thanked the Board for the sidewalk repairs on West Brookside Drive and then asked for an update on the Gardens' Lake project. Mr.Altieri, responded that the bids will be opened next week and awarded at the June 2 Town Board Meeting. Work to begin in about four to five weeks. The Board congratulated George Roniger on being selected (again)as President of the Larchmont Gardens'Civic Association. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Fishman commented on the LMC-TV Awards on May 17. A special presentation was made recognizing the athletic coverage in our community. Assemblyman George Latimer was also recognized. Of note was the Fire Department's award for best public service announcement. Supervisor O'Keeffe thanked Councilman Fishman for his Chairmanship on the Cable TV Advisory Board. Councilwoman Seligson thanked David Goessl, Liz Paul and Steve Altieri for their help with the two grants submitted to the Long Island Sound Futures Fund,adding, hopefully the Town will be successful. Councilwoman Seligson is happy to report that$1,166.00 in surplus funds was given to the Town by the Environmental Expo Committee.The Expo was tremendously successful. The committee has asked that these funds be used for an environmental purpose. Councilwoman Wittner passed on comments. Councilman Odierna reported he attended the Mamaroneck Chamber of Commerce Meeting of which the main topic was the upcoming Harbor Fest,June 6,adding what a wonderful event this is. On May 7,2010 Councilman Odierna attended the League of Women Voters Meeting. On May 12 as Liaison, he attended the Planning Board Meeting,adding his surprise at the level of detail they discussed on various projects.Councilman Odierna attended his grandson's middle school concert,adding how impressed he was with the quality of the performance.On May 15,the Larchmont Gardens'Civic 19 May 19, 2010 Association Spring Fling was held. The Hispanic Resource Center's opening of their new space will take place tomorrow morning at 9:OOAM. SUPERVISOR'S REPORT Supervisor O'Keeffe read the full schedule of the upcoming Memorial Day events. ADJOURNMENT On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner the meeting was unanimously adjourned at 10:35PM. Submitted by Christina Battalia,Town Clerk 20