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HomeMy WebLinkAbout1994_08_17 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA August 17, 1994 REGULAR MEETING -Wednesday, August 17, 1994 - McLain Auditorium, Post Road Building, Mamaroneck High School - 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM into an Executive Session to discuss an easement agreement and personnel and adjourn at 7:45 PM into a Work Session to discuss towing contracts and a fence for the Larchmont Gardens Lake. CONVENE REGULAR MEETING RECESS INTO EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION CONVENE INTO WORK SESSION RECESS WORK SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PUBLIC HEARINGS - Parking Ordinance - Emergency Vehicle - Copley Road and Alden Road - Moratorium on Placement of Cellular Telephone Antennas ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL - Town Board Minutes BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Bonding Resolution -Weaver Street Firehouse 3. Other Business AFFAIRS OF THE TOWN 1. Authorization - Community Development Block Grant Agreement- Weaver Street Firehouse Renovation Resolution 2. Resolution - Water Rate Increase 3. Authorization -Westchester Joint Water Works Capital Projects 4. Authorization - Collection of School Taxes 5. Report of Bids - Passenger Cars 6. Adoption - 1995 Budget Calendar 7. Resolution - Change of Polling Locations -Districts 8 and 25 8. Salary Authorizations - Recreation Next regularly scheduled meetings - September 7, 1994 - September 21, 1994 TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING-Wednesday,August 17, 1994—McLain Auditorium, Post Road Building, Mamaroneck High School - 8:15 PM THE TOWN BOARD WILL CONVENE AT 7:00 PM into an Executive Session to discuss an easement agreement and personnel and adjourn at 7:45 PM into a Work Session to discuss towing contracts and a fence for the Larchmont Gardens Lake. CONVENE REGULAR MEETING RECESS INTO EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION CONVENE INTO WORK SESSION RECESS WORK SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION -Location of Exits PUBLIC HEARINGS - Parking Ordinance—Emergency Vehicle—Copley Rd and Alden Rd - Moratorium on Placement of Cellular Telephone Antennas ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS REPORTS OF THE SUPERVISOR REPORTS OF THE COUNCIL - Town Board Minutes BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Bonding Resolution—Weaver Street Firehouse 3. Other Business AFFAIRS OF THE TOWN 1. Authorization—Community Development Block Grant Agreement—Weaver Street Firehouse Renovation 2. Resolution—Water Rate Increase 3. Bond Resolution—GEIS Country Club Properties 4. Authorization Westchester Joint Water Works Capital Projects 5. Authorization—Collection of School Taxes 6. Report of Bids—Passenger Cars 7. Adoption— 1995 Budget Calendar 8. Resolution—Change of Polling Locations—Districts 8 and 25 9. Salary Authorization - Recreation Next regularly scheduled meetings - September 7, 1994 - September 21, 1994 REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRt COMMISSIONERS OF THE TOWN OF MAMARONECK HELD WEDNESDAY, AUGUST 17, 1994 AT 8:15 PM IN THE MAMARONECK HIGH SCHOOL AUDITORIUM, 1000 BOSTON POST ROAD, MAMARONECK, NY PRESENT: Supervisor: Elaine Price Councilwoman: Kathleen Tracy O'Flinn -4 Councilman: Paul A. Ryan Councilwoman: Valerie M. O'Keeffe Councilman: Barry Weprin Also Present: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Attorney CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Price at 7:00 p.m., at which time a motion duly made and seconded, the meeting was unanimously declared adjourned into Executive Session in Conference Room A to discuss personnel matters. At 7:45 the Board adjourned into a Work Session to discuss Towing Contracts and Fencing for Gardens Lake. The Board members discussed the present towing contract and questioned how many towing operators were necessary; the number of cars that are towed; any costs involved; and whether one or more towing companies were needed. On motion duly made and seconded the Work Session was adjourned. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Price at 8:30 p.m. CALL TO ATTENTION Supervisor Price pointed out to those assembled the locations of exits as required by law for public gatherings. PUBLIC HEARING - Parking of an Emergency Vehicle on Alden Road On motion of Councilwoman 0' ' , }-by-C° oilman Ryan, the Public Hearing was opened at 8:35 p.m. The Supervisor requested that anyone in favor of this ordinance to now come forward. Dennis McCauley, 14 Alden Road, objected, saying that parking on that corner is presently not allowed and to open it to parking would,cause congestion to an already overloaded parking area. ..... . .............. . . . August 17, 1994 The Town Administrator explained that the purpose of the ordinance was to allow the parking of a Fire Chiefs car to give him fast accessibility to his emergency vehicle in the event of his having to get to a fire. Mr. McCauley responded that there is adequate parking without having to designate this corner area for parking, and that the corner has always been no parking, and should continue as such. He continued that its not a good spot because the street is too narrow also. Nancy Anguilo, a member of the Traffic Committee, said that the Committee had studied this in depth, and that the parking would only be allowed for this one vehicle and only when he was on duty. Councilman Ryan stated that the reason for the law was to give the Chief the ability to get to a fire as quickly as possible and he suggested that there be a sunset placed on the law, dissolving the parking whenever he no longer served as Chief. A resident commented that Alden House didn't have adequate parking and that area is extremely dense and congested, and this ordinance would add to an already bad problem. Councilwoman O'Keeffe said that she would like to know more specifically where the parking would be located. Mr. Altieri explained that the parking space is to be located on the corner where the apartment house is. After a brief discussion, it was decided to adjourn this hearing to September pending further input from the Traffic Committee. PUBLIC HEARING - Moratorium on Erection of Cellular Telephone Antennas Supervisor Price stated that this was the second hearing on the proposed law. She then read the following: The Town Board is cognizant of the concern within the community of potential impacts to public health, safety and welfare of cellular telephone antennas. Antennas emit electromagnetic fields and there is a public perception that exposure to those fields at certain distances may adversely affect the health of individuals who are exposed. At the present time the Town of Mamaroneck has no specific regulations with respect to the placement of cellular telephone antennas. The intent is to provide for a moratorium on the placement of antennas so that the Town Board may have an opportunity to study the public perception of the effects of these antennas the concomitant impact of any such perception on matters within the jurisdiction of the Town. In particular, the Town Board wants to consider the potential impact of such structures on property values in certain zoning districts, and on the visual aesthetic character of the Town, and to determine whether it is appropriate to adopt zoning changes with respect to cellular telephone antennas to protect these values. On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, the Public Hearing was opened at 8:30 p.m. The Supervisor requested that anyone in favor of this moratorium should now come forward. Annette Berkowitz, Copley Road, read statement (attached to minutes). She also thanked the Board members for their concern and stance. Helen Davidson, member of the Flint Park Neighborhood Association, said that she was not speaking on behalf of the Association, mainly because so many were away at this time of year and she was unable to contact them. But she explained that she very much supported this moratorium as the effect on future health problems will be enormous, that there already has been a 25% increase to lymphoma cancer, more study 2 , J August 17, 1994 • was necessary and she urged the Board to take the time necessary to learn more about the health Impacts from these antennas. Mr. Baker, Town resident, said that there is not one person here from the public that is not in favor of this moratorium. Bob Kell, 20 Bruce Road, stated that scientists have been studying this problem for longer than 90 days, and we still don't fully know the price to our health. He said that it wasn't enough • time to find out what this is all about and to even begin to all the possible adverse impacts that could evolve. Lois Weinstein, Head Medical Librarian of the Sloan Kettering Library at Rockefeller Center. She said that it was her job to maintain medical journals for this institution - and that there were 300 references on the biological effects of EMF's. Ms. Weinstein stated that on the Internet forum, where scientists discuss prepublication theories and to share as well as to identify all the problems with EMF's, they have been advocating a EMF free zone: She said also that by allowing these antennas we would be experimenting with children and residents. Supervisor Price then read communications she had received from the following: (All attached at end of minutes) Westchester County Planning Department Marilyn Reader, Chair of the Town of Mamaroneck Planning Board (Letter and Resolution passed by Planning Board) Congresswoman Nita Lowey Petition with 255 signatures Eleanor Brachman William & Doris Meister Stephen Kronenberg Jill Parry Janet Schaeffer Nannette, 7 Bruce Road Helen Abramowitz Joseph Lanza, Mayor - Village of Mamaroneck Cheryl Lewy, Mayor - Village of Larchmont The Supervisor explained that there had been previous communications that had been received at the prior hearings on this matter. She then asked if there was anyone who wished to speak in opposition to the proposed moratorium. Leslie Snyder, representing NYNEX, then read the following letters from Lane Appraisals and from the Coast Guard: fo- Ladies and Gentlemen: At the request of NYNEX Mobil Communications Company, we evaluated the effect of the cellular telephone antenna installation at the Brompton House, Larchmont, New York on surrounding property values. I obtained the following information from Sharon Ladrak of Orlofsy Management, the building manager, regarding rental values in Brompton House, Larchmont, New York. The Brompton House has had cellular telephone antennas on its roof since 1990. In the years 1990-1992, the management was warehousing vacant apartments with the expectation that the building would become a cooperative. The conversion did not occur due to the downtown in the cooperative market throughout Westchester County, but during this period there was no leasing of vacant apartments. In 1992, they once again began renting apartments. There are seventy-five (75) apartments in the building: 14 studios, 28 - one bedroom and 33 - two 3 August 17, 1994 bedroom units. In 1992, the average studio rental was $700.00;in 1994 it is $750.00 to $775.00. Average 1992 rentals for a one bedroom was $825.00 to $850.00; in 1994 the average is $850.00 to $875.00. Two bedroom units rented for $1, 100 in 1992. In 1994, rentals range from $1,200 to $1,300. Many of these units have been renovated and there is a waiting list for apartments. It is therefore our conclusion, that the value of the property has increased steadily since the 1990 cellular antennas'installation. We see no indication of a diminution of value due to the installation and/or operation of cellular telephone antennas on the roof of the structure and hence no diminution of the value of nearby properties. It is our opinion that a similar installation of cellular telephone antennas on the roof of the Alden House will also not result in any diminution of the value of the Alden House or nearby properties. I trust that this is the information that you require. Very truly yours, Edward J. Freeborn, MAI The Coast Guard Letter was read: Dear Mr. Donate: The United States Coast Guard has stated in COMDTNOTE 2000 dated 9 September 1991 that, for boaters, cellular telephone service is a reliable secondary means by which to contact the Coast Guard. The primary means for boaters to contact the Coast Guard remains VHF-FM marine band radios, but a cellular telephone, with its separate channels and power supply, provides a valuable backup to the marine radio. The Coast Guard's first District, which encompasses all of New England, Eastern New York, and Northern New Jersey, has cooperated closely with the cellular providers in the District to initiate the Star-CG dialing feature. This feature enables boaters to dial Star-CG (*24) to contact the Coast Guard whenever they are in range of shore-side cellular service. There have been several instances of boaters using this service to call the Coast Guard for assistance. The Star-CG feature is efficient and time-saving, it eliminates the need for the cellular boater to locate the number of the nearest Coast Guard unit and dial that number. The Coast Guard has also started using cellular communication onboard our own boats and cutters,'again as a secondary (supplemental) communications link. The fact that cellular service is available offshore is of value to is as well as the other mariners out on the coastal waters of the First District. Sincerely, William C. Glidden US Coast Guard Lt. Commander By direction of the Commander Ms. Snyder said that the public deserves answers, but that a moratorium would not accomplish that. Ms. Snyder explained that the local laws that the Town have at present already empower the Planning Board, Coastal Zone Management Commission, and so on to take on these issues and for them to study them. Mr. Baker said that her statement was erroneous, outrageous and that property values will be adversely affected. Supervisor Price stated that the letters were disingenuous at best, that no one was aware that the antennas had been placed on•the.•building, which is why there hadn't been an outcry, and that the Mayor hadn't known of the antennas existence. 4 4. August 17, 1994 Ms. Snyder said that she had gone through all the proper channels to install these antennas. Channels that were put in place by the Town, and that she felt the town Board should let the Planning Board do their job, that this moratorium deprives NYNEX of that process. There then ensued a lengthy discussion between everyone. On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the Public Hearing was declared closed. On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby designate itself as Lead Agency with respect to the proposed local law entitled "Moratorium on Placement of Cellular Telephone Antennas" and BE IT FURTHER, RESOLVED, that the Town Board has determined the proposed action to be an unlisted action under applicable state and local environmental regulations; and BE IT FURTHER, RESOLVED, that the proposed action shall not have a significant impact on the environment for the reasons stated below and therefore the Town environmental officer is directed to file a negative declaration with respect to the proposed local law based on the following: Findings: The proposed action is a short term moratorium in order to allow the Town Board an opportunity to review information relating to the location of cellular telephone antennas and determine with respect to the placement of these antennas as part of its authority under zoning and other land use regulations. After reviewing the criteria contained in 6 NYCRR part 617 and Local Law No. 4 of 1989, this Board has determined that there will be no significant impacts from the proposed moratorium. Any regulations which may be promulgated as a result of the study to be undertaken during the period of the moratorium shall be subject to separate evaluation under, applicable environmental regulations. On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby adopt the following Local Law: LOCAL LAW NO. 9-1994 This Local Law shall be known as Amendment to Local Law No. 7-1994, "Moratorium on Placement of Cellular Telephone Antennas". BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: 1. This Local Law shall be known as Amendment to Local Law No. 7-1994, "Moratorium on Placement of Cellular Telephone Antennas". 2. Purpose and Intent: 5 f , August 17, 1994 The Town Board, on August 17, 1994, adopted Local Law No. 7-1994, known as "Moratorium on Placement of Cellular Telephone Antennas", which provided for a moratorium for a period of ninety (90) days from adoption, on any action which would permit the erection of a cellular telephone antenna within the Town of Mamaroneck. Since the adoption of the Moratorium, the Town Board has retained the services of Cleary Consulting, Planning and Environmental Consultants, for the purpose of undertaking a study of the Town's land use regulations with respect to placement of cellular telephone antennas within the Town of Mamaroneck. As a result of the study, Cleary Consulting has advised that they will recommend certain amendments to the Town Zoning Ordinance with respect to the citing of cellular telephone antennas within the Town so as to address aesthetic, as well as public health and safety concerns arising from the proliferation of these antennas. Town regulations and State statute require that prior to the adoption of a zoning amendment that such amendment be referred to the Town of Mamaroneck Planning Board and to the County Department of Planning, and further, that the Town undertake compliance with the State Environmental Quality Review Act. It will be impossible to review the proposal of our consultant to implement any changes before the expiration of the initial ninety (90) day moratorium period. It is therefore the purpose of this Local Law to amend Local Law No. 7-1994 for the purpose of extending the moratorium so as to allow the Town to complete its study and adoption of regulations based upon that study and to maintain the status quo pending the adoption of those regulations so as not to render the Town's effort to review these uses moot. 3. Section 6 of Local Law No. 7-1994 is hereby amended to read as follows: "The Local Law shall be in effect until February 15, 1995". 4. Severability Should any provision of this Local Law be declared unconstitutional or invalid 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 provision. 5. Effective Date This Local Law shall take effect immediately upon acknowledgment of filing in the Secretary of State's Office. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 11:20 p.m. in the Court Room. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Kathleen Tracy O'Flinn Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin 1. Fire Claims Commissioner Ryan presented fire claims for authorization of payment and on his motion, seconded by Commissioner O'Flinn, it was unani AQAWy, 6 I August 17, 1994 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: OPERATING FUND • AAA Emergency Supply Co., Inc $ 9.00 AAA Emergency Supply Co., Inc. 448.85 AAA Emergency Supply Co., Inc. 954.41 Answer H.V.A.0 Service 597.00 Brewers Hardware 193.02 Cellular One 231.43 Cleaning Systems 121.30 Cleaning Systems 140.00 Coyne Textile Services 60.94 Dri-Chem Fire Extinguishers 175.00 Dri-Chem Fire Extinguishers 31.00 Excelsior Garage & Machine Works 1,212.64 Excelsior Garage & Machine Works 76.50 Excelsior Garage & Machine Works 154.23 Everson Ross Co. 737.42 Dr. Thomas Landau 540.00 Fire Magazine 40.00 Larchmont Auto Parts, Dist., Inc. 81.60 Lifesaving Systems Corp. 477.85 Metpath 167.65 New England Uniform 371.00 New England Uniform 298.00 NFPA 187.15 New Rochelle Water Company 183.08 NYNEX Information 9.00 NYNEX Information 9.00 Pronto Printer 44.00 Rescue 21.95 Route 202 Lumber 160.00 Saxony Equipment Dist. 76.00 Sound Shore Contracting Inc. 135.00 Sound Shore Pest Control 40.00 Sound Shore Pest Control 40.00 Sound Shore Fire 111.00 • Star Auto Collision Center 1,850.00 State Insurance Fund 13.57 Tech Products 247.32 Town of Mamaroneck Fire Dept. 375.00 Unitech Electronics Company 75.00 West. County. Assoc. of Fire Chiefs 125.00 Westchester Joint Water Works 15,120.00 Total $25,998.51 25,998.51 CAPITAL PROJECTS FUND Ats, Inc. $ 19,116.20 Call A Head Corp 75.00 CK Industries Corp. 1,312.48 Gannett Suburban Newspaper 403.20 NYNEX 136.35 Rt 202 Lumber Inc. 897.10 Sullivan Architects 14,914.00 Tartaglione Consultants, Inc. 3,564.00 Williams/Scotsman 99.00 Westchester Supply Corp. 161.05 SRN Contracting Corp. 16,596.00 Tartaglione Consultants 13,826.67 $ 71,101.05 71,101.05 GRAND TOTAL $97,099.56 7 August 17, 1994 2. Bonding Resolution - Weaver Street Firehouse The Town Administrator explained that the Bonding papers for the renovation of the Weaver Street Firehouse were prepared by Willkie Farr and Gallagher, our Bonding Attorneys, he added that the resolutions were prepared as instructed by the Board and it would entail the adoption of four resolutions: the first would be for the authorization of the Bonding Resolution in the amount of $255,000; then the Board would authorize the date of the special fire district election which Is to be held on September 27th, 1994; third would entail the Approval of Election Inspectors as well as the salary authorization for them; and last would be the time and place of the Election. The Fire Commissioners then discussed the options available for the hours of election, agreeing that the hours should be from 12 noon to 9:00 p.m. and how they explored the best ways to let people know of the fire election. The Supervisor said that the announcement would be in the Town Newsletter, in The Daily Times, The Soundview News and on LMC-TV. Councilwoman O'Flinn suggested that flyers be distributed in apartment buildings and also in the schools. Councilwoman O'Keeffe added that every avenue should be followed to ensure that everyone is informed of this vote. A resident questioned the logic of holding this special election in September rather than at the November elections. The procedures were explained to him regarding the necessity for Bonding immediately, and that only those residents living in the Unincorporated Area of the Town would be eligible to vote for this election, it might prove to be even more confusing if held in November. Councilwoman O'Keeffe asked whether the BAR would be reviewing the changes to the Firehouse, adding that she was unhappy to have to increase the amount of money to be spent on this project, it was important that the building not look crummy. Supervisor Price answered that there were some changes to the schematics and to the site plan • which would be reviewed by the Planning Board and the BAR on September 8th and 15th, respectively. Thereafter, on roll call votes, the following Resolutions were adopted: 52463-305P ftv At a regular meeting of the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, held at 1000 W. Boston Post Road, , in Mamaroneck, New York, in said Fire District, on the 17th day of August, 1994, at 8:15 o' clock P .M. , Prevailing Time . • The meeting was called to order by Commissioner Price and upon roll being called, the following were PRESENT: Commissioner Elaine Price Commissioner Kathleen Tracy O'Flinn Commissioner Paul A. Ryan ' Commissioner Valerie Moore O'Keeffe Commissioner Barry Weprin 8 . • August 17, 1994 ABSENT: None The following resolution was offered by Commissioner Ryan , who moved its adoption, seconded by Commissioner O'Keeffe , to-wit : 52463-305P (306) BOND RESOLUTION DATED AUGUST 17, 1994 . A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $255, 000 SERIAL BONDS TO PAY ADDITIONAL COSTS OF THE RECONSTRUCTION OF FIRE DISTRICT HEADQUARTERS AND THE CONSTRUCTION OF ADDITIONS TO SAID BUILDING, ON WEAVER STREET AT EDGEWOOD AVENUE, INCLUDING ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY APPARATUS AND INCIDENTAL EXPENSES AND IMPROVEMENTS IN CONNECTION THEREWITH FOR THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AND AUTHORIZING SAID CAPITAL PROJECT AT THE NEW MAXIMUM ESTIMATED COST OF $2, 355, 000 . WHEREAS, by bond resolution dated April 7, 1993 , the Board of Fire Commissioners of Mamaroneck Fire District No . 1 in the Town of Mamaroneck, Westchester County, New York, authorized the issuance of $2, 100, 000 serial bonds of said Fire District to pay the cost of the reconstruction of Fire District Headquarters and the construction of an addition to said building, on Weaver Street at Edgewood Avenue, in the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery and apparatus required for the purposes for which said reconstructed building and additions are to be used and incidental expenses and improvements in connection therewith, at a maximum estimated cost of $2, 100, 000; and WHEREAS, it has now been determined that in order to complete such capital project an additional $255, 000 over that previously authorized will be required; and WHEREAS, it is now desired to authorize the issuance of an additional $255, 000 serial bonds to pay such additional cost and to authorize said capital project at the new maximum estimated cost; , and 9 . • August , 1994 • WHEREAS, the capital project hereinafter described has been 'determined to be an Unlisted Action pursuant to the provisions of the New York State Environmental Quality Review Act, and the regulations of the Department of Environmental Conservation promulgated pursuant thereto and a long . form Environmental Assessment Form has been prepared in connection therewith which is on file in the Office of the Fire District Secretary at Fire District Headquarters and is available for public inspection; NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District 1 in the Town of Mamaroneck, Westchester County, New York, as follows : Section 1 . For the specific object or purpose of paying additional costs of the reconstruction of Fire District Headquarters and the construction of additions to said building, on Weaver Street at Edgewood Avenue, in the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery and apparatus required for the purposes for which said reconstructed building and additions are to be used and incidental expenses and improvements in connection therewith, in and for Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued an additional $255, 000 serial bonds of said Fire District pursuant to the provisions of the Local Finance Law. Section 2 . It is hereby further determined that the maximum estimated cost of said specific object or purpose is now 10 August 17, 1994 determined to be $2, 355, 000, which specific object or purpose is hereby authorized at said new maximum estimated cost, and that the plan for the financing of such specific object or purpose shall be as follows : 1) by the issuance of $2, 100, 000 serial bonds of said Fire District, authorized to be issued pursuant to bond resolution dated April 7, 1993 ; and 2) by the issuance of the additional $255 , 000 serial bonds of said Fire District, authorized to be issued pursuant to this bond resolution. Section 3 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12 (a) (1) of paragraph a of Section 11 . 00 of the Local Finance Law, calculated from October 4, 1993 , the date of issuance of the first bond anticipation note • issued for said specific object or purpose. • Section 4 . The faith and credit of said Mamaroneck Fire District No. 1 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 11 August 17, 1994 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 . Such bonds shall be in fully registered form and shall be signed in the name of the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Fire District Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of the Fire District Secretary. Section 7 . The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Fire District Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Fire District ; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds . The receipt 12 August 17, 1994 of the Fire District Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8 . All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining 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 Fire District by the facsimile signature of its Fire District Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Fire District) , 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 Fire District Treasurer. It is hereby determined that it is to the financial advantage of the Fire District not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70 . 00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent . 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 13 August 17, 1994 in addition to those required by section 52 . 00 of the Local Finance Law, as the Fire District Treasurer shall determine . Section 9 . 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 10 . 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 Fire District 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 11 . Upon this resolution taking effect, the same shall be published in full in the Daily Times , which is hereby designated as 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 C7ie Local Finance Law. Section 12 . This resolution is adopted subject to approval at a special election of said Fire District to be held on the 27th day of September, 1994 . 14 August 17, 1994 . The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows : Commissioner Weprin VOTING AYE Commissioner O'Keeffe VOTING AYE Commissioner Ryan VOTING AYE Commissioner O'Flinn VOTING AYE Commissioner Price VOTING AYE The resolution was thereupon declared duly adopted. The following resolution was offered by Commissioner O'Flinn , who moved its adoption, seconded by Commissioner O'Keeffe, to-wit : BE IT RESOLVED, by the Board of Fire Commissioners of the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, as follows : Section 1 . A special election of the qualified voters of the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, is hereby authorized to be held on the 27th day of September, 1994 , at the Weaver Street Firehouse, in Mamaroneck, New York, in said Fire District, between the hours of 12:00 o' clock P.M. and 9 :00 o' clock P.M. , Prevailing Time, for the purpose of voting by ballot on 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 following form, to-wit : 15 August 17, 1994 • • NOTICE OF SPECIAL ELECTION Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York NOTICE IS HEREBY GIVEN that, pursuant to Section 38 . 00 of the Local Finance Law and Section 179 of the Town Law, a special election of the qualified voters of the Mamaroneck Fire District No . 1 in the Town of Mamaroneck, Westchester County, New York, will be held at the Weaver Street Firehouse, in Mamaroneck, New York, in said Fire District, on the 27th day of September, 1994, between the hours of 12:00 o' clock P.M. and 9 : 00 o' clock P.M. , Prevailing Time, for the purpose of voting by ballot on the adoption or rejection of the following resolution: BOND RESOLUTION DATED AUGUST 17, 1994 . A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $255, 000 SERIAL BONDS TO PAY ADDITIONAL COSTS OF THE RECONSTRUCTION OF FIRE DISTRICT HEADQUARTERS AND THE CONSTRUCTION OF ADDITIONS TO SAID BUILDING, ON WEAVER STREET AT EDGEWOOD AVENUE, INCLUDING ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY APPARATUS AND INCIDENTAL EXPENSES AND IMPROVEMENTS IN CONNECTION THEREWITH FOR THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AND AUTHORIZING SAID CAPITAL PROJECT AT THE NEW MAXIMUM ESTIMATED COST OF. $2, 355, 000 . WHEREAS, by bond resolution dated April 7, 1993 , the toard of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, authorized the issuance of $2 , 100, 000 serial bonds of said Fire District to pay the cost of the reconstruction of Fire District Headquarters and the construction of an addition to said building, on Weaver Street at 16 August 17, 1994 • Edgewood Avenue, in the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery and apparatus required for the purposes for which said reconstructed building and additions are to be used and incidental expenses and improvements in connection therewith, at a maximum estimated cost • of $2, 100, 000; and WHEREAS, it has now been determined that in order to complete such capital project an additional $255, 000 over that previously authorized will be required; and WHEREAS, it is now desired to authorize the issuance of an additional $255, 000 serial bonds to pay such additional cost and to authorize said capital project at the new maximum estimated cost; and WHEREAS, the capital project hereinafter described has been determined to be an Unlisted Action pursuant to the provisions of the New York State Environmental Quality Review Act, and the regulations of the Department of Environmental Conservation promulgated pursuant thereto and a long form Environmental Assessment Form has been prepared in connection therewith which is on file in the Office of the Fire District Secretary at Fire District Headquarters and is available for public inspection; NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District 1 in the Town of Mamaroneck, Westchester County, New York, as follows : Section 1 . For the specific object or purpose of paying additional costs of the reconstruction of Fire District 17 August 17, 1994 Headquarters and the construction of additions to said building, on Weaver Street at Edgewood Avenue, in the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery and apparatus required for the purposes for which said reconstructed building and additions are to be used and incidental expenses and improvements in connection therewith, in and for Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued an additional $255, 000 serial bonds of said Fire District pursuant to the provisions of the Local Finance Law. Section 2 . It is hereby further determined that the maximum estimated cost of said specific object or purpose is now determined to be $2, 355, 000, which specific object or purpose is hereby authorized at said new maximum estimated cost, and that the plan for the financing of such specific object or purpose shall be as follows : • 1) by the issuance of $2, 100, 000 serial bonds of said Fire District, authorized to be issued pursuant to bond resolution dated April 7, 1993 ; and 2) by the issuance of the additional $255, 000 serial bonds of said Fire District, authorized to be issued pursuant to this bond resolution. Section 3 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12 (a) (1) of paragraph a of Section 11 . 00 of the Local Finance Law, calculated from October 4, 18 August 17, 1994 • 1993 , the date of issuance of the first bond anticipation note issued for said specific object or purpose . Section 4 . The faith and credit of said Mamaroneck Fire District No. 1 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 . Such bonds shall be in fully registered form and shall be signed in the name of the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Fire District Treasurer and' a 19 August 17, 1994 • facsimile of its corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of the Fire District Secretary. Section 7 . The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Fire District Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Fire • District; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds . The receipt of the Fire District Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8 . All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the me, hod 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 Fire District by the facsimile signature of its Fire District Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Fire District) , the 20 August 17, 1994 • • 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 Fire District Treasurer. It is hereby determined that it is to the financial advantage of the Fire District not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70 . 00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent . 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 Fire District Treasurer shall determine . Section 9 . 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 10 . The validity of such bonds arlt1. bond anticipation notes may be contested only if : 1) Such obligations are authorized for an object or purpose for which said Fire District is not authorized to -expend money, or 2) ' The provisions of law which should be complied with at 21 • August 17, 1994 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 11 . Upon this resolution taking effect, the same shall be published in full in the Daily Times , which is hereby designated as 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 12 . This resolution is adopted subject to approval at a special election of said Fire District to be held on the 27th day of September, 1994 . * * * * * * * * * * * * * The polls will be kept open for the receipt of ballots during the aforesaid hours and the proposition will be in substantially the following form, to-wit : PROPOSITION Shall the resolution entitled: "BOND RESOLUTION DATED AUGUST 17, 1994 . A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $255, 000 SERIAL BONDS TO PAY ADDITIONAL COSTS OF THE RECONSTRUCTION OF FIRE DISTRICT HEADQUARTERS AND THE CONSTRUCTION OF ADDITIONS TO SAID BUILDING, ON WEAVER STREET AT EDGEWOOD AVENUE, INCLUDING ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY APPARATUS AND INCIDENTAL EXPENSES AND IMPROVEMENTS IN CONNECTION THEREWITH FOR THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW fRK, AND AUTHORIZING SAID CAPITAL PROJECT AT THE NEW MAXIMUM ESTIMATED COST OF $2, 355, 000" , duly adopted by the Board of Fire Commissioners of said Fire District on the 17th day of August, 1994, be approved? Dated: Mamaroneck, New York, September 9 , 1994 . • BY ORDER OF THE BOARD OF FIRE COMMISSIONERS OF THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK By Patricia A. DiCioccio Fire District Secretary 22 August 17, 1994 Section 3 . The Fire District Secretary is hereby authorized and directe°d to give notice of such special election by publication of the notice described in Section 2 hereof once in The Daily Times a newspaper published in Mamaroneck, New York, and having a general circulation in said Fire District, the first publication to be not less than thirteen (13) nor more than twenty (20) days prior to -the date of such election. Section 4 . Only those persons registered with the County Board of Elections (hereinafter the "Board of Elections" ) on or before September 5, 1994 shall be entitled to vote upon the aforesaid proposition. No additional personal registration shall be permitted. The Board of Elections is hereby requested to deliver to the Fire District Secretary a list of persons registered to vote on or before the 5th day of September, 1994 to said Fire . District or to place the registration poll records for such Fire District in properly locked ledgers in the temporary custody of the Fire District Secretary for the purpose of permitting the copying of such records . The Inspectors of Election shall meet at the time and place to be set forth in a further resolution of the Board of Fire Commissioners of said Fire District to prepare the register for the election called hereby. Such register shall be prepared pursuant to the requirements of Section 175-a of the Town Law by adopting, using or copying from the registration list certified and supplied by the Board of Elections the names appearing thereon of all persons residing in said Fire District and qualified teo vote in such election. The register shall include at least the space for the name of the voter, his or her address within said Fire District and a space for his or her signature to be signed by the voter on election day. The Fire District Secretary shall furnish the Inspectors of Election, at the expense of said Fire District, with all necessary registration books, papers, equipment and supplies . Section 5 . This resolution shall take effect immediately. 23 August 17, 1994 • The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows : Commissioner Weprin VOTINGAYE Commissioner O'Keeffe VOTINGAYE Commisioner Ryan VOTING AYE Commissioner O'Flinn VOTING AYE Commissioner Price VOTING AYE The resolution was thereupon declared duly adopted. * * . * * * The following resolution was offered by Commissioner Commisioner Ryan , who moved its adoption, seconded' by Commissioner Commissioner O'Keeffe , to-wit : 24 August 17, 1994 RESOLUTION DATED AUGUST 17, 1994 . RESOLUTION SETTING THE TIME AND PLACE OF A MEETING OF THE INSPECTORS OF ELECTION OF THE MAMARONECK FIRE DISTRICT NO. 1 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 the "Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, resolved on August 17, 1994 , to call a special election of said Fire District, such special election to be held at the Weaver Street Firehouse, in Mamaroneck, New York, in said Fire District, on the 27th day of September, between the hours of 12:00 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 Westchester County Board of Elections on or before September 5, 1994 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 the Mamaroneck Fire District No. 1 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 Post Road August 17, 1994, shall meet at the Town .Center, 740 W. Boston in Mamaroneck, New York, in said Fire District, on the 15th day of _ September , 1994 at 7:00 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 Westchester County on or before September 5, 1994 will be entitled to vote at such special election. Section 2 . This resolution shall take effect immediately. 25 August 17, 1994 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows : Commissioner Weprin VOTING AYE Commissioner O'Keeffe VOTING AYE Commissioner Ryan VOTING AYE Commissioner O'Flinn VOTING AYE • Commissioner Price VOTING AYE The resolution was thereupon declared duly adopted. * * STATE OF NEW YORK ss : COUNTY OF WESTCHESTER ) I, the undersigned Secretary of the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Board of Fire Commissioners of said Fire District, including the resolutions contained therein, held on August 17, 1994, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. ro I FURTHER CERTIFY that, pursuant to Section 103 of the Public ' Officers Law (Open Meetings Law) , said meeting was open to the general public . I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows : Newspaper and/or other news media Date given The Daily Times August 8, 1994 26 August 17, 1994 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates : Designated Location(s) Date of Posting of osted notice Town Clerk's Bulletin Board August 8, 1994 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Fire District, on August . 2_, 19\ . Fire District Secretary (SEAL) At a regular meeting of the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, held at 1000 W. Boston Post Road , in Mamaroneck, New York, in said Fire District, on the 17th day of August, 1994, at 8:15 o' clock P .M. , Prevailing Time . The meeting was called to order by Commissioner Price and upon roll being called, the following were PRESENT: Commissioner Elaine Price Commissioner Kathleen Tracy O'Flinn Commissioner Paul A. Ryan Commissioner Valerie Moore O'Keeffe Commissioner Barry Weprin ABSENT: None The following resolution was offered by Commissioner Ryan , who moved its adoption, seconded by Commissioner O'Keeffe to-wit : 27 August 17, 1994 .t RESOLUTION DATED AUGUST 17, 1994 . RESOLUTION DESIGNATING INSPECTORS OF ELECTION OF THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, subdivision 6 of Section 175-a of the Town Law, as amended by Chapter 456 of the Laws of 1986 of the State of New York, requires the board of fire commissioners of any fire district, by resolution adopted at least forty days prior to fire district elections, to designate a resident fire district elector to serve as chairman of such election and not less than two nor more than four resident fire district electors to act as election inspectors and ballot clerks in such election; and WHEREAS, any such resolution must also fix the compensation of such chairman and such inspectors; and WHEREAS, it is anticipated that a special election of the Mamaroneck Fire District No. 1 of the Town of Mamaroneck, Westchester County, New York, will be held not less than forty days from the date hereof; NOW, THEREFORE BE IT RESOLVED, by the Board of Fire Commissioners of the Mamaroneck Fire District No. 1 of the Town of Mamaroneck, Westchester County, New York, as follows : Section 1 . The following resident fire district electors of said Fire District who are not officers of said Fire District, are hereby designated to act as election officers, respectively indicated below: I 28 August 17, 1994 • STATE OF NEW YORK ss : COUNTY OF WESTCHESTER ) I, the undersigned Secretary of the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Board of Fire Commissioners of said Fire District, including the ' resolutions contained therein, held on August 17, 1994, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters . therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law) , said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows : Newspaper and/or other news media Date given The Daily Times August 5, 1994 29 • • August 17, 1994 Chairman of Election: Thomas Hennessy Louise Ludecke ) Margaret Degen ) ) Inspectors Carole Hoffman ) ) Robert Degen, Jr. ) Section 2 . The persons named above shall be paid the sum of $ 75.00 each for their services . Section 3 . 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 Weprin VOTING AYE Commissioner O'Keeffe VOTING AYE Commissioner Ryan VOTING AYE Commissioner O'Flinn VOTING AYE Commissioner Price VOTING AYE The resolution was thereupon declared duly adopted. * * * * .. * 30 August 17, 1994 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public, location (s) on the following dates : Designated Location(s) Date of Posting of posted notice Town Clerk's Bulletin Board August 8 , 1994 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Fire District, on August 9 , 1994 . Fire District Secretary (SEAL) AFFAIRS OF THE TOWN 1. Authorization - Community Development Block Grant Agreement Weaver Street Firehouse Renovation Mr. Altieri informed the Board members that their authorization would be necessary to enable the Town to enter into a contract with the County of Westchester for a Community Development Block Grant Agreement, which would give the Town $50,000 for the installation of an elevator at the Weaver Street Firehouse. He added that the agreement had been reviewed by Counsel. 31 • August 17, 1994 On motion of Councilwoman O'Flinn, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Agreement between the Town of Mamaroneck and the County of Westchester for a Community Development Block Grant in the amount of $50,000 for the installation of an elevator at the Weaver Street Firehouse; and BE IT FURTHER, RESOLVED, that the Town Administrator be authorized to sign said agreement on behalf of the Town. 2. Resolution - Water Rate Increase The Supervisor explained that she had been given information from John Hock regarding the need for an increase to the water rates. The Administrator then said that the increase was necessitated because the City of New York had raised the fees charged beginning July 1, 1994, and that he had asked Mr. Hock to prepare an analysis showing the projected impact of this increase, which he believed the Board members had received. After a brief discussion, it was decided to approve the increase of $0.01 per hundred cubic feed (ccf), but the Board would prefer to not approve the request for automatic future increases, rather that any future increases be approved by the Board on a dollar for dollar basis. Therefore, on motion of Councilwoman O'Keeffe seconded by Councilwoman O'Flinn, that, WHEREAS, the City of New York has increased the wholesale water rate charged to the Westchester Joint Water Works; and WHEREAS, it is necessary for the Westchester Joint Water Works to increase its domestic water rate to cover the wholesale price increases; NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck hereby approves the water rate increase of $0.01 per hundred cubic feed to cover the cost of the New York City increase, scheduled to be effective September 1, 1994 as recommended by the Westchester Joint Water Works; and BE IT FURTHER, RESOLVED, that any future increase in the New York City wholesale rate must be approved prior to imposing the increased rates to Town residents. 3. Authorization - Westchester Joint Water Works Capital Projects A-1046 Purchase Tanks Site Improvements A-1065 Winged Foot Tank Replacement The Administrator explained that Westchester Joint Water Works was proposing that site work and yard piping be funded for construction of a second million gallon tank, modification to an existing tank and any association electrical and miscellaneous work at the Purchase Street Tanks' site in the Town of Harrison. He stated that the second project was for the replacement of the Winged Foot Water Tank in the Town of Mamaroneck, adding that the total value of the Town's share of these two projects is $572,300. Mr. Altieri noted that he had spoken with Mr. Hock regarding the construction schedule, which he said would be completed in 1995, which means that the Town would have to fund the projects in that fiscal year. He explained that existing appropriations in the Water Fund were not sufficient to fund the project, therefore the 32 August 17, 1994 Town would have to borrow the funds in 1995 and that the debt payment would be in 1996. He suggested that this debt service could be financed either through a water district tax levy or with an increase in water usage rates. The Board discussed different funding methods, and after much ado about nothing, A-1046 Purchase Tanks Site Improvements On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposal by Westchester Joint Water Works for Project A-1046, to perform site work and yard piping; construction of a second 1.0. million gallon tank; modification to the existing tank; and associated work at a total cost of $1,309,900 of which the Town's share is $285,600. A-1065 Replacement of Winged Foot Water Tank RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposal by Westchester Joint Water Works for Project A-1065, to replace the Winged Foot Water Tank at a total cost of $1,315,000 of which the Town's share shall be $286,700. 4. Authorization - Collection of School Taxes The Administrator explained that this was pro forma, the Town collects taxes on behalf of the Mamaroneck and Scarsdale School systems and it is necessary for the Board to approve the collection. On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, approved as follows: TOWN OF MAMARONECK SCHOOL TAX WARRANT FOR THE YEAR 1994 STATE OF NEW YORK COUNTY OF WESTCHESTER ) TO: Receiver of Taxes of the Town of Mamaroneck in said County YOU ARE HEREBY COMMANDED, to receive and collect from the several persons named in the assessment roll of Union Free School District in the Towns of Scarsdale and Mamaroneck, Scarsdale, New York, hereunto annexed and herewith delivered to you, the sum of the School Taxes of said School District set opposite their respective names in accordance with provision of Chapter 852 of the Laws of 1948 (Title 16) , and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 17, 1994 AND YOU ARE HEREBY DIRECTED, to deposit all such monies so collected by you in virtue of the warrant, to the credit of the Town of Mamaroneck, in the Bank of New York, County Trust Region, Mamaroneck, as provided by said Chapter 852 of the Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 Rnd the resolution adopted by the Town Board of the Town of Mamaroneck on August 17, 1994, such taxes being levied against the said School District for the year 1994 for the following purpose, viz: 33 August 17, 1994 APPROPRIATIONS Support Services General Support $ 5,853,666.00 Pupil Transportation • 1,363,546.00 Community Services 184,265.00 Undistributed Expense 11,909,947.00 Capital Reserves 40,594.00 Instructional Services Supervising & Improvement $ 2,007,580.00 Teaching 25,699, 118.00 Audio-Visual Center 219,978.00 Pupil Personnel Services 2,731,674.00 TOTAL APPROPRIATIONS $ 50,010,368.00 ESTIMATED RECEIPTS Boundry Line Taxes 40,000.00 Tuition-Special Education 80,000.00 Prior Year Surplus $ 1,200,000.00 State Aid 3,280,306.00 Parochial Health 70,000.00 Interest from Investments 5.82,500.00 Building Use Fees 40,000.00 Miscellaneous 45,000.00 County Sales Tax Distribution 470,000.00 Transfer from Reserve 70,000.00 TOTAL REVENUES $ 5,877,806.00 ' NET AMOUNT TO BE RAISED BY TAXATION $ 44,132,562.00 TOWN OF MAMARONECK SHARE $ 1,911,544.00 AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor of the said Town, as required by said Chapter 852 of the Laws of 1948 (Title 16) , and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 286 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 17, 1994, the reports provided for by said law. . IN WITNESS WHEREOF, I have hereunto set my .hand and caused the seal of said Town to be hereunto affixed this 17th day of August 1994. ELAINE PRICE SUPERVISOR TOWN OF MAMARONECK • 34 , August 17, 1994 TOWN OF MAMARONECK SCHOOL TAX WARRANT FOR THE YEAR 1994 STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) TO: Receiver of Taxes of the Town of Mamaroneck in said County j II YOU ARE HEREBY COMMANDED, to receive and collect from the several persons named in the assessment roll of Union Free School District in the Town of Mamaroneck, hereunto annexed and herewith delivered to you, the sum of the School Taxes of . said School District set opposite their respective names in accordance with provision of Chapter 852 of the Laws of 1948 (Title 16) , and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 17, 1994. YOU ARE HEREBY DIRECTED, to deposit all such monies so collected by you in virtue of the warrant, to the credit of the Town of Mamaroneck, in the Bank of New York, County Trust Region, Mamaroneck, as provided by said Chapter 852 of Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and resolution adopted by the Town Board of the Town of Mamaroneck on August 17, 1994, such taxes being levied against the said School District for the year 1994 for the following purposes, viz: APPROPRIATIONS General Support $ 7,283,904.00 Instructional Expenses 31,655,833.00 Pupil Transportation 1,302,371.00 , Community Services 45,085.00 Undistributed Expenses 12.580,807.00 IIITOTAL APPROPRIATIONS $ 52,868,000.00 ESTIMATED RECEIPTS Revenue - Other Districts & Governments $ 607,500.00 Revenue from Local Sources 130,000.00 Interest on General Fund Investments 475,000.00 State Aid 3,393,000.00 Refund of Prior Expenses 65,000.00 Appropriated Fund Balance 1,300,000.00 County Sales Tax 500,000.00 TOTAL REVENUES $ 6,470,500.00 fo NET AMOUNT TO BE RAISED BY TAXATION $ 46,397,500.00 AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor of the said Town, as required by said Chapter 852 of the Laws of 1948 (Title 16), and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 286 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 17, 1994, the reports provided for by said Law. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of said Town to be hereunto affixed this 17th day of August 1994. ELAINE PRICE • SUPERVISOR TOWN OF MAMARONECK . 35 August 17, 1994 5. Report of Bids - Passenger Cars Mr. Altieri said that he had opened bids on August 8, 1994 for the furnishing and delivery of two mid-size four door sedans, and that a bid had been received from one contractor, which was Russell Chevrolet, who bid $28,246. He noted that the contractor would be delivering two 1995 Chevrolet Luminas, which are replacing two vehicles as in accordance with the Town's operating budget and capital projects fund. He explained that the average life of staff vehicles ranges from seven to ten years, and interestingly this bid is actually $500 less per vehicle than the 1994 State Purchasing contract price. He thenceforth recommended the contract be awarded, and that the vehicles would be delivered within forty-five days of the award of contract. Councilwoman O'Keeffe questioned the need for the replacement of two cars, and the reason why only one bid was received. The Administrator replied that our long range planning and replacement program encompassed the purchase of these two cars, adding that these cars are mostly used by our police department and it is imperative that their cars be in peak condition. He explained further that after two to three years of use by the Police the cars are recycled down to other departments and that those cars in turn become staff pool cars. Councilwoman O'Keeffe said that she would like to vote no to one of the cars, but since that was not possible, she would have to vote no to the whole contract. On motion of Councilwoman O'Flinn, seconded by Councilman Weprin, it was RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve awarding the Contract for the purchase of Two Chevrolet Luminas in the per unit amount of $14,123, and the total price of $28,246, to Russell Chevrolet, of Fairfield Connecticut. Ayes: Weprin, Ryan, O'Flinn, Price Nays: O'Keeffe 6. Adoption - 1995 Budget Calendar On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously: RESOLVED, that the Town Board hereby approves the Budget Calendar as follows: August 19th Issue work papers to Department Heads September 19th Receive back work papers from Department Heads October 19th Presentation of Tentative Budget to Town Board October 26th Public Work Session-Operating Departments November 3rd Public Work Session-Operating Departments November 9th Public Work Session-Outside Agencies November 17th Public Work Session-Capital Budget November 22nd Public Work Session-Final Review Prior to Public Hearing December 7th Public Hearing on the Budget December 20th 1995 Budget Adoption 36 w ry August 17, 1994 7. Resolution - Change of Polling Locations Districts 8 & 25 . The Town Clerk explained that the construction has been completed on the Larchmont Village Center, the Polling Places for Districts 8 and 25 could now be taken out of the Larchmont Firehouse, which had been very uncomfortable for the Election Inspectors, and put back into the Senior Center. She added that it would be necessary for the Town to send a resolution approving the change to the Westchester County Board of Elections. On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize that the Polling Place for Election Districts 8 and 25 be moved to the Larchmont Village Center effective immediately. 8. Salary Authorizations - Recreation On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously: RESOLVED, as provided for in the 1994 Town Budget, authority is hereby requested for the payment of salary to the following: Jason Matlon, Tennis Instructor, $9/hr, retroactive to 7/18/94. Laurie Rosenweig, Tennis Instructor, $20/hr (instruction) $15/hr (match playl,retroactive to 7/25/94. Nelson Pena, Tennis Specialist, Monroe Pre-School $12/hr, retroactive to 7/25/94, replacing Steven DeLuca. Anthony Proia, Counselor, Monroe Pre-School, $122/wk, retroactive to 7/25/94, replacing Tom Delia. Leicia Grant, Life Guard, Hommocks Pool, $5.75/hr, effective 8/5/94. Mike Cerasoli, Alt. Life Guard, Hommocks Pool, $5.50/hr, retroactive to 8/10/94. Pranav Shukla, Alt. Key Attendant, Hommocks Pool, $4.75/hr, retroactive to 8/5/94. ADJOURNMENT There being no further business, the meeting was adjourned to executive session to discuss personnel matters at 12:50 PM. I • Patricia A. DiCioccio, Town Clerk Town of Mamaroneck 37