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HomeMy WebLinkAbout1996_09_18 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING-Wednesday, September 18, 1996 - Town Center Court Room- 8:15 PM THE TOWN BOARD WILL CONVENE at 6:45 PM in a Work Session to discuss the Solid Waste Law and commuter parking permits and adjourn into an Executive Session at 7:30 PM to discuss personnel. CONVENE REGULAR MEETING CONVENE WORK SESSION RECESS WORK SESSION CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION-Location of Exits PUBLIC HEARING-Bond Resolution-Refuse Collection Vehicle AFFAIRS OF THE TOWN 1. Appointments-Town Historian - Community Development Advisory Group -Human Rights Commission 2. Reappointments- Coastal Zone Management Commission 3. Approval of Certiorari Settlements 4. Appeal of Tree Removal Application 5. Report of Bids-Refuse Collection Truck 96-3 6. Authorization-WJWW Project#A-1128, 20"Water Main 7. Adoption of Bond Resolution-Hommocks Drain 8. Resolution- Smart Program 9. Discussion- Commuter Parking Permits 10. Salary Authorizations-Recreation -Ambulance District PROCLAMATION- Constitution Week BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Certification of Referendum-Aerial Ladder Truck ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings- October 2, 1996 - October 16, 1996 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON SEPTEMBER 18, 1996 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK, 10543 PRESENT: Supervisor: Elaine Price Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Steven V. Altieri, Town Administrator Charlene Indelicato, Town Attorney CONVENE EXECUTIVE SESSION The Board convened into an Work Session at 6:45 PM in Conference Room A of the Town Center to discuss the Solid Waste Law, then at 7:30 PM they convened an Executive Session to discuss personnel. On motion duly made and seconded the Board adjourned at 8:35 PM to the Court Room to Reconvene the Regular Meeting. CALL TO ORDER The Regular meeting of the Town Board was called to order by Supervisor Price at 8:35 PM, who then pointed out the location of exits. PUBLIC HEARING - Bond Resolution - Refuse Collection Vehicle The Administrator explained that there was a need for a new Truck and in conjunction with this matter he had our Bond Counsel prepare the necessary paperwork, which he had distributed to the Board members. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Winner, the public hearing was opened. Supervisor Price asked if anyone wished to speak either in favor of or against the proposed Bond. There being no comment, on motion duly made and seconded the public hearing was closed. At a regular meeting of the Town Board of the Town of Mamaroneck,Westchester County, New York, held at the September 18, 1996 Town Hall, in Mamaroneck, New York, in said Town,on September 18. 1996, at 8:15 o'clock PM., Prevailing Time. The meeting was called to order by Supervisor Price and upon roll being called,the following were PRESENT: Supervisor: Elaine Price Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner ABSENT: None The following resolution was offered by Councilwoman O'Keeffe ,who moved its adoption, seconded by Councilwoman Wittner to-wit: BOND RESOLUTION DATED September 18, 1996. A RESOLUTION AUTHORIZING THE ISSUANCE OF$105, 000 SERIAL BONDS OF THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF REFUSE AND GARBAGE DISTRICT NO. 1 IN SAID TOWN. WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an order dated September 18, 1996,the Town Board of the Town of Mamaroneck,Westchester County, New York, has determined it to be in the public interest to increase and improvement of the facilities of Refuse and Garbage District No. 1 in said Town,at a maximum estimated cost of$105,000; and WHEREAS,said capital project,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 as provided by law will not have a significant effect on the environment; and WHEREAS, it is now desired to authorize the financing of such capital project; and NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck,Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of Refuse and Garbage District No. 1 in the Town of Mamaroneck,Westchester County, New York, consisting of purchase of a 1997 25 yard Mack Collection Truck, including incidental expenses in connection therewith,there are hereby authorized to be issued $105,000 serial 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 specific object or purpose is$105,000, and that the plan for the financing of the aforesaid specific 2 September 18, 1996 object or purpose is by the issuance of the$105,000 serial bonds of said Town 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 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 serial 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 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 5. The faith and credit of said Town of Mamaroneck,Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations 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 obligations becoming due and payable in such year. Section 6.Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck,Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor,who shall advertise such bonds for sale, conduct the sale,and award the bonds in such manner as he shall deem best for the interests of the Town; provided, however,that in the exercise of these delegated powers, he 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 Supervisor 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 annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear an 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 3 September 18, 1996 name of the Town by the facsimile signature of its 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. It is hereby determined that it is to the financial advantage of the Town 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 Supervisor shall determine. Section 9. 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 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 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 11. This resolution which takes effect immediately shall be published in the Daily Times official newspaper,together with a notice of the Town Cleric in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilwoman Wittner VOTING AYE Councilman Weprin. VOTING AYE Councilwoman O'Keeffe VOTING AYE Councilman Ryan VOTING AYE Supervisor Price VOTING AYE 4 September 18, 1996 The resolution was thereupon declared duly adopted. AFFAIRS OF THE TOWN 1. Appointments -Town Historian - Community Development Advisory Agency Group - Human Rights Commission' HISTORIAN On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby appoint Paula Lipsett, as the Town Historian, effective immediately, term commensurate with pleasure of the Board.. COMMUNITY DEVELOPMENT ADVISORY GROUP On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously, RESOLVED, that Mary Carlson is hereby appointed as the Town's representative to the Westchester County Community Development Advisory Board effective immediately and said term to continue at the pleasure of the board. HUMAN RIGHTS COMMISSION On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby appoint Judith A. Myers, 257 Barnard Road, to the Human Rights Commission, said term to begin immediately and expiring May 1999. 2. Reappointment - Coastal Zone Management Commission On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby reappoint, to the Coastal Zone Management Commission, C. Alan Mason said term to begin immediately and expiring August 1999. 3. Approval of Certiorari Settlements A letter was received from George Derderian, the Town Consultant in regard to Certiorari maters, requesting approval of settlements that he had negotiated. The Supervisor then read the names and amounts involved in the refunds. Then on motion of Councilwoman Wittner, seconded by Councilman Ryan, the following were all unanimously approved: 5 September 18, 1996 RESOLVED, that the Town Board does hereby approve the following settlements of Certiorari as outlined and recommended by George Derderian, Consultant on Certiorari: 700 Waverly Corp. 700 Waverly Avenue, Village of Mamaroneck BI 826 Lot 1.1 Assessment: $180,000 Years Under Appeal: 1993, 1994 & 1995 This property is located on Waverly, Concord and Rockland Avenues. The site contains approximately 2.0 acres and is improved with a concrete block warehouse containing 33,000 square feet. The building was constructed in 1960 and is in fair condition. The property was purchased by the present owners at the peak of the real estate market in 1987 and has a history of problems since that time. A number of tenants have moved out some have gone out of business and some filed bankruptcy. The Gannet Corporation occupies 6,000 square feet until 4197 and the Toyota Corporation leases a portion of the site until 7197. The remaining space has been rented on a month to month basis. The lack of a stable income from the property has caused the owner to file bankruptcy. A number of appraisals of the property have been made for various purposes and have been provided by the owner. In 1993 the property was appraised by the Lane Appraisal Company for the RTC in the amount of$1,300,000. James Moran, MAI appraised the property in July 1995 for$1,250,000. An appraisal was filed with the Court for the assessment appeal in the amount of$1,100,000. The Town Board authorized the Town Attorney to proceed with the trial scheduled for the 26th of June. Negotiations with the attorney and appraiser for the owner were held at that time and the following settlement was agreed to: Year Assessment Reduced to Amount of Reduction 1993 $180,000 $93,600 $86,400 (48%) 1994 $180,000 $93,600 $86,400 (48%) 1995 $180,000 $93,600 $86,400 (48%) The $93,600 assessment reflects a market value of approximately$1,800,000 The Village of Mamaroneck has approved this same settlement. The loss in taxes to the Town due to this settlement is $3,350. Dance Cavise, Inc. 273 Halstead Avenue, Village of Mamaroneck Block 901 Lot 315 Assessment: $48,800 Years under appeal: 1995 This property is located on the northwest side of Halstead Avenue in the Village of Mamaroneck. The land has 160 feet of frontage with an average depth of 125 feet and contains 16,000 square feet. The site is improved with and old (1927) masonry(8,000 SF) office building which is in fair condition. The property sold to the present owners on July 7, 1995 for$390,000. The price was compared to that of similar properties and found to be an arms-length transaction. Applying the last NY State Equalization Rate of 4.95%to the sale price of$390,000 indicates the correct assessment to be $19,305. The following reduction in the assessment has been agreed to: Year Assessment Reduced to Amount of Reduction 1995 $48,800 $23,400 $25,400 (52%) The loss in taxes to the Town is $330 The above settlement was approved at the June 19th meeting. The previous owner of this property, 86 Plumbers Building Corporation had filed appeals of the assessments.for the years 1993 and 1994. Based on the price of$390,000, the following settlement has been negotiated: 6 September 18,.1996 Year Assessment Reduced to Amount of Reduction 1993 $48,800 $23,400 $25,400 (52%) 1994 $48,800 $23,400 $25,400 (52%) The loss in taxes to the Town by this settlement is.$600 Both of the above settlements have been approved by the Village. Roneck Associates, Inc. 426-438 Mamaroneck Avenue, Village of Mamaroneck BI 907141 Assessment: $56,000 Year Under Appeal: 1991 This property is located on the west side of Mamaroneck Avenue 90 feet from the comer of Mt. Pleasant Avenue. The site has 80 feet of frontage on Mamaroneck Avenue and an area of 7,500 square feet. The improvement consists of a two story store and office building which was constructed in 1927. An appeal was filed on the 1991 assessment by the owners. There was no appeal in 1992 and the property sold in February 11, 1993 for$500,000. The property in 1991 was in very poor condition and*had a number of vacancies resulting in an income of just $75,300 and expenses, not including taxes of$129,675. A copy of the closing statement from the 1993 was requested from the petitioner and proved the sale to be an arms-length transaction. The purchase price was used as the basis of the negotiations. Year Assessment Reduced to Amount of Reduction 1991 $56,000 $39,200 $16,800 (30%) The reduced assessment indicates a full value of.$784,000 for the 1991 year. The Village has approved this settlement. The loss in•taxes to the Town is $170 Camillo M. Sanomero (Santomero III) 146 Larchmont Ave. -Village of Larchmont BI 6131460 Assessment: $35,600 Years under appeal: 1991 through 1995 in the Town & 1992 through 1.996 in the Village. This property is located at the corner of Larchmont Avenue and Gilder Street and has approximately 50 feet of frontage on the south.side of Larchmont Avenue and contains 5,000 square feet. The land is improved with a single story masonry store which was built in 1955 and contains 3,873 square feet. The property was occupied by a toy store until 1991 when it was vacant and then rented to Fabric Design Center, Inc., the present tenant. A review of the terms of the lease was made and a comparison of the sales of similar properties was considered. A settlement was negotiated to reflect the following reduction in assessments: Year Assessment Reduced to Amount of Reduction 1991 -Town $35,600 $28,000 $7,600 (21%) 1992 $35,600 $28,000 $7,600 (21%) 1993 $35,600 $28,000 $7,600 (21%) 1994 $35,600 $28,000 $7,600 (21%) 1995 $35,600 $28,000 $7,600 (21%) 1996 -Vil. $35,600 $28,000 $7,660 (21%) The loss in taxes to the Village based on the above settlement is approximately$4,800. The loss to the Town is $400. September 18, 1996 Peter Wagner, a.k.a. Addison Realty 17 Addison Street, Village of Larchmont BI 613, Lot 333 Assessment: $82,500 Years Under Appeal: Town 1992 through 1995, Village 1993 through 1996 This property is located at the northeast corner of Addison Street and Larchmont Avenue. It has 50 feet of frontage-on Larchmont Avenue, 103.7 feet on Addison Street and contains 5,350 square feet. The improvement is a six story brick apartment house with stores on the Larchmont frontage. The building was constructed-in 1928 and the apartments are all rent controlled. The actual rents were those permitted under the rent controlled guidelines and were used in the capitalization process. The expenses were reviewed and found to be typical for an apartment house of this age (68 years). The net income from the property was then capitalized into full value and the New York State Equalization Rates for the years under appeal were applied. The following reductions in assessments were indicated: Year Assessment Reduced to Amount of Reduction 1992 Town only $82,500 $66,000 $16,500 ,(20%) 1993 $82,500 $66,000 $16,500 (20%) 1994 $82,500 .$66,000 $16,500 (20%) 1995 $82,500 $66,000 $16,500 (20%) 1996 Village .$82,500 $66,500 $16,500 (20%) The loss in taxes to the Village based on this settlement is approximately$8,200. The loss to the Town is $640. 4. Appeal of Tree Removal Application - 10 Salem Drive A letter was received from William E. Jakubowski, Chairman Tree Commission regarding 10 Salem Drive, owned by William Weinberg. It stated the above-referenced application was for a permit to remove four trees on a heavily wooded vacant lot, for the purpose of constructing a one residential dwelling. Twenty-seven trees will remain undisturbed, as a result of this construction. The Tree Preservation Commission specified the planting of seven replacement trees as compensation for the four trees to be removed. It was brought to our attention by a copy of a letter that was sent to Board members (follows later in minutes)from Mrs. Schwartz, who requested an Appeal of the decision of the Tree Commission in the above matter. It is the belief of the Tree Commission that due diligence was exercised in the review of this site and that the permit as approved by the Tree Commission is proper. A review of Section 2074A, Tree Preservation Law, reveals that the decision followed the proper guidelines to allow removal pursuant to parts (2), (3) and (4) of the section. Specifically, the trees to be removed are within the footprint of the building or so close as to suffer damage during the construction of the house. The removal of the trees is to be done in a selective manner, and would permit the proper use of the property for a residence in a one family residence zone. Further, the construction of the garage and driveway will result in cutting and filling of land which would be potentially injurious to the trees. It is our opinion that none of the trees are specimen trees for their species. We find their removal may temporarily disrupt some local wildlife but don't feel that this will be permanent. In conclusion, we believe this permit is issued in a manner consistent with the guideline of Section 207-1 Findings: Purpose. The removal of the trees is not indiscriminate or excessive. It will not create surface drainage problems nor increase municipal costs for drainage as the owner has filed an appropriate Erosion, Sediment Control and Surface Water Runoff Permit which has been accepted by this department. We do not feel this will impact the stability or value of the community nor will it have an adverse impact on the general welfare of the inhabitants of the Town. Based on the above, We believe the Tree Commission has acted properly, and ask that the Town Board affirm our.decision to grant the applicant's request. The Supervisor then read the following letter into the record: 8 September 18, 1996 Town Board Town of Mamaroneck Town Center 740 West Boston Post Road Mamaroneck, NY 10543 Dear Members of the Town Board. I received-the attached letter regarding the removal of trees,on Block 303, Parcel 423, 10 Salem Drive, Town of Mamaroneck As an adjacent property owner, I feel aggrieved by the decision of the Tree Commission to approve such a permit and am, with this letter, filing a formal request to appeal the decision of the Tree Commission. Two of the trees that have been designated for removal are over one hundred feet tall and at least two feet in diameter. They are healthy and strong and their leafy canopies are sanctuaries for birds such as hawks, owls, red-wing blackbirds, and pileated woodpeckers. The roots of these trees are embedded in a rock ledge and their removal would cause serious soil erosion. These trees are hundreds of years old and should be preserved as magnificent specimens. At a time when green areas are disappearing at an alarming rate and conservation of natural resources is a prime commitmen4 the removal of these trees would constitute a wanton act of desecration. If we are to preserve the quality of life in our Town and especially in this area aptly named Murdock Woods, then these trees should be protected and not destroyed. In accordance with your instructions, I am exercising my right to appeal to the Town Board for a review of the decision of the Tree Commission within the specified ten days of the date of notification. Sincerely, Eleanor K Schwartz Following discussion, on motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously RESOLVED, that the Town Board does hereby uphold the decision made by the Tree Commission on the property known as 10 Salem Drive, regarding the removal and replacement of trees, and rejects the appeal of that Commission's approval. 5. Report of Bids - Refuse Collection Truck 96-3 The Administrator reported the bids for this contract and a description of the vehicle had been previously given to the Board members. And since they had approved, during the earlier public hearing, the Bonding for this contract, he was recommending the contract be awarded to the lowest responsible bidder meeting the Towns specifications, Gabrielli Truck Sales of Medford, New York. Authorization is also requested for the Administrator to execute a contract with Gabrielli Truck Sales to purchase the one 25 yard refuse collection truck at a total cost of$101,789.00 Under this contract the Town would replace one of its 25-yard collection trucks. Currently we operate a fleet of three first line and three second line trucks used for collection of rubbish, garbage and recycling. Two bids were received for this contract. The low bid was submitted by Gabrielli Truck Sales of the Bronx, New York. Our original budget estimate for this purchase was $115,000. The funds for this purchase was approved through a five-year bond anticipation note which will be charged back to the Town's 9 September 18, 1996 garbage district budget. Generally we have timed garbage truck purchases to maintain a relatively even debt service expense. The Bids were: CONTRACT"TA-96-3 ONE 25-YARD REFUSE COLLECTION TRUCK 1) Gabrielli Truck Sales, Ltd. $101,789.00 Bid Bond 5% 3200 Horseblock Road Medford, NY 11763 2) Bruno Truck Sales Corp. $102,570.00 Bid Bond 435 Hamilton Avenue Brooklyn, NY 11232 On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby award the contract TA-96-3 for one 25 Yard Refuse Collection Truck to Gabrielli Truck Sales, Ltd., who was the lowest responsible bidder at$101,789.00; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said contract on behalf of the Town. 6. Authorization -Westchester Joint Water Works -A-1128, 20" Water Main Mr. Altieri explained that Westchester Joint Water Works was requesting approval for a Transmission Main replacement at Purchase College in the Town of Harrison. The cost for the entire project is estimated at$565,000, of which our share is 21%, amounting to an expenditure of$124,900. On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does:hereby approve the A-1128 20" transmission main replacement project at Purchase College, as recommended by Westchester Joint Water Works for a total amount of $565,000, the Town's share amounting to $124,900. 7. Adoption of Bond Resolution - Hommocks Drain Mr. Altieri explained that this resolution would authorize the construction of drain vault as part of the Hommocks Park project. The maximum cost of the work is $45,000, and the Board has already authorized the project, this will enable the funding. At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York, in said Town, on September 18, 1996, at 8:15 o'clock PM., Prevailing Time. The meeting was called to order by Supervisor Price and upon roll 10 i September 18, 1996 being called, the following were PRESENT: Supervisor: Elaine Price Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner ABSENT: None The following resolution was offered by Councilman Ryan who moved its adoption, seconded by Councilwoman Winner,to-wit: BOND RESOLUTION DATED September 18-1 1996. A RESOLUTION AUTHORIZING THE ISSUANCE OF$45,000 SERIAL BONDS OF THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK, TO THE COST OF THE CONSTRUCTION OF A HOMMOCKS PARK DRAIN VAULT IN AND FOR SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck,Westchester County, New York,as follows: Section 1. For the specific object or purpose of paying the cost of the construction of a Hommocks Park drain vault in and for the Town of Mamaroneck,Westchester County, New York, including incidental expenses in connection therewith,there are hereby authorized to be issued$45,000 serial 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:such specific object or purpose is$45,000,and that the plan for the financing thereof is by the issuance of the$45,000 serial bonds of said Town authorized pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specifc object or purpose is thirty years, pursuant to subdivision 3 of Paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. 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, 11 September 18, 1996 form and contents,and shall be sold in such manner, as may be prescribed by said Super-visor, 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 to the payment of the principal of and interest on such obligations 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 obligations 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 obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck,Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor,who shall advertise such bonds for sale, conduct the sale,and award the bonds in such manner as the Supervisor shall deem best for the interests of the Town; provided, however,that in the exercise of these delegated powers,the Supervisor 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 Supervisor 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 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 its 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. It is hereby determined that it is to the financial advantage of the Town 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 12 September 18, 1996 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 Supervisor 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 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 11. Upon this resolution taking effect,the same shall be published in full in THE DAILY TIMES ,the official newspaper,together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. Councilwoman Wittner VOTING AYE Councilman Wenrin VOTING AYE Councilwoman O'Keeffe VOTING AYE Councilman Ryan VOTING AYE Supervisor Price VOTING AYE The,resolution was thereupon declared duly adopted. 8. Resolution -Smart Program The Town Administrator said the Office of the State Comptroller offers a program entitled SMART, which offers help from representatives of the State Comptroller to local governments in looking for ways to-improve efficiency in areas such as intermunicipal cooperation. As the Board is aware there has been an ongoing initiative in Town known as the Shared Services 13 September 18, 1996 Task Force. The group, made up of representatives of the Town, School District, two Villages and the Rye Neck School District have been meeting to find ways to cooperate on services that will result in lower operating costs. At our last meeting, the group discussed the SMART program as a means of assisting us with our review of intermunicipal cooperation opportunities. Specifically, the State Comptroller's office would assist with the view of joint cooperation in the following areas: field maintenance, building/facility use, libraryttechnology resources, snow removal, and maintenance facilities. To apply for the program, all the communities must adopt a resolution of support of the program. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the resolution below was unanimously adopted: WHEREAS, the State Comptroller has instituted a program called SMART Reviews; and WHEREAS, a SMART Review entails a study of a particular function or functions of a local government; and WHEREAS, at the conclusion of a SMART Review, the Office of the State Comptroller issues non-binding recommendations suggesting methods of containing costs and/or enhancing revenues without raising taxes; and WHEREAS, the benefits of participating in the SMART Program have been discussed by those officials involved in the management of the Town of Mamaroneck, Village of Larchmont, Village of Mamaroneck, Mamaroneck and Rye Neck School Districts; and WHEREAS, a SMART Review must be requested by resolution of the governing bodies of the municipal agencies; NOW THEREFORE, BE IT RESOLVED, that the Office of the State Comptroller is hereby invited to conduct a SMART Review in the Town of Mamaroneck focusing on the following areas: Intermunicipal Cooperation Building/Facility Use Shared Field and Recreational Facilities Library/Technology Resources Snow Removal Maintenance Facilities 9. Discussion Commuter Parking_Permits The Town Clerk explained that as the Board will no-doubt recall, earlier in the year a resolution was passed to allow the issuance of non-resident parking permits for lot number one, located on Myrtle Boulevard and Vine Street. The permits were issued beginning on June 1, with a expiration date of September 30,1996. A decision now has to be made to extend or curtail parking for the non-residents before they expire at the end of the month. We have sold a total of 569 permits for lot one, 279 daytime, 251 resident meter and 39 non-resident. As of this date we have not had a problem, parkers have always been able to find a space, but the time period covered only the summer months when many commuters were on vacation. The Town closely monitors the availability of spaces in the lot, at least twice weekly, at different times of day. Keep in mind also that we have already old 40 more resident meter permits than last ear. Y p Y The Supervisor then read the following letters into the record: Supervisor Elaine Price Town of Mamaroneck Town Hall Boston Post Road 14 September 18, 1996 Mamaroneck, New York 10543 Dear Supervisor Price: am a former resident of the Town of Mamaroneck and presently a resident of New Rochelle who utilizes the non-resident parking area located on Myrtle Blvd. next to the train station. It is my understanding that the Town Council has not yet made a determination as to whether or not to extend non-resident parking beyond September 30. I am sure you recall that at the Town Council meetings in the Spring, many valid reasons were put forward for continued parking privileges by the non-residents who have been parking for many years in the town parking lot I am well aware of the pressure that you face due to the construction at the train station, but I have been monitoring the parking meters in the town lot and the meter parking continues to have availability on a daily basis. When this subject is taken up at your next meeting,I urge you to recall all of the reasons put forth at your meetings last Spring and I hope that you will continue the good neighbor policy of the Town of Mamaroneck in allowing access to the train station. Thank you for your time and attention to-this matter. Very truly yours, Paul J. Korngold Patrick F. Kelleher 10 Maple Hill Drive Larchmont, NY 10538 Elaine Price, Town Supervisor Town of Mamaroneck 740 W. Boston Post Road Mamaroneck, NY 10543 Dear Supervisor Price: I held a Parking Permit for twelve(12)years prior to my transfer to New Jersey for several years. No relocation was involved but it did require turning in my Parking Lot Permit Today I had the opportunity to reapply for my Permit as I am returning to the City and I was informed that the only permit available to me was a Meter Parking Permit In discussions with several Town officials it appears that the.two primary issues at hand are the large number of meters that remain as well as the forty(40) non-resident permits that have been issued. I would like to ask if it possible to remove a block of meters and reassign spaces to Daytime Parking status to accommodate today's'mobile worker'who lives in our wonderful Town and is currently denied a Daytime Parking Permit in the Vine Street Parking Lot (As a temporary solution I did obtain my Resident Meter Parking Permit today.) Thanking you in advance for your cooperation. Sincerely Patrick Kelleher He submitted a second letter: September 17, 1995 Town Supervisor Elaine Price Town of Mamaroneck Door Supervisor Price; I have previously written to you office,spoken with the Town Clerk and the Town Attorney to see if there is some way to obtain a Parking Permit for the Vine St lot 15 September 18, 1996 As previously suggested the Town could evaluate:' *Reducing current level of metered spaces *Reduce the number of"non-resident"spaces and make them available to Town residents Although I cannot attend the Board Meeting,I would appreciate some consideration in this matter. Sincerely, Patrick Kellerher 10 Maple Hill Drive Larchmon4 NY The Board discussed whether to extend the parking and wanted to know if all permit holders had been notified of the meeting. It was decided to hold this matter over to the first meeting in October and the Clerk was asked to notify all commuters. 10. Salary Authorization - Recreation -Ambulance District Recreation On motion made by Councilman Weprin, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby authorize the payment of salary to: HOMMOCKS POOL STAFF all retroactive to September 7, 1996 Dean Reben, Manager, $13.00 per hour. Cynthia Ort, Manager, $10.00 per hour. Toni Ann Valentinetti, Manager, $10.00 per hour. Jeff Santorsola, Life Guard, $6.50 per hour. Brian Fay, Life Guard, $6.00 per hour. Andrew Philips, Life Guard, $6.00 per hour. Lenise Romero, Life Guard, $8.50 per hour. Arthur Harris, Life Guard, $6.00 per hour. Nicole Mazza, Life Guard, $5.75 per hour- Dan Malutich, Life Guard, $8.00 per hour. Maria Francella, Life Guard, $9.50 per hour. Kelly Kagan, Life Guard, $5.75 per hour. Joseph Rodriguez, Life Guard, $6.00 per hour. Tracy Waters, Life Guard, $8.00 per hour. Mike Ryan, Life Guard, $8.00 per hour Lizandro Zuniga, Life Guard, $6.75 per hour. Brian Sestito, Key Attendant, $5.00 per hour. Ying Li, Key Attendant, $6.50 per hour. Angela Legramandi, Key Attendant, $6.25 per hour. William Roehr, Key Attendant, $5.00 per hour. Peter Braverman, Alternate Key Attendant, $4.75 per hour Mary Lynn Rappaport, Swim Instructor, $18.00 per hour. Tamara Moia, Swim Instructor, $16.50 per hour. Andrew Philps, Early morning Swim Program, $20-00 per session. Joseph Rodriguez, Early Morning Swim Program, $20-00 per session. 16 September 18, 1996 Dittmar Barron, Skate Guard, Hommocks Ice Rink, $6.50 1hour, retroactive to 9111/96. Louis Martinez, Skate Room Attendant, Hommocks Ice Rink, $5.50 1hour, retroactive to 9/11196. Ambulance District Ed McCormack, Ambulance District Administrator, in'a memorandum, requested authorization to hire paramedic Mark Papish at an hourly rate of$15.00 effective September 4, 1996. This per diem appointment brings the total number of paramedics to twenty five. Mark will be probationary until February 4, 1997. On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby approve the request to hire Mark Papish, as a paramedic for the Ambulance District effective retroactive to September 4, 1996 at an hourly rate of$15.00 per hour. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 9:30 PM in the Court Room. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Winner 1. Fire Claims: Commissioner O'Keeffe presented fire claims for authorization of payment, thereafter on Councilwoman O'Keeffe's motion, seconded by Commissioner Ryan, it was unanimously: 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. $ 10.00 Brewers 21.82 Brigante Lawnmowers 220.00 C & H Distributors 587.00 Gall's Inc. 598.13 Jaul &Jaul 817.60 Myron MFG. Corp. 191.95 Poland Spring 58.23 Thomas K. Landau 575.00 United Hospital Medical Center 36.00 Town of Mamaroneck Fire Dept. 375.00 17 September 18, 1996 The Supervisor said a special fire district election was held today, which began at 12 noon and closed at 9:00 PM. The vote was to authorize the purchase of a new fire truck, and the Chairman of the Election Inspectors is here to officially enter the total votes into the record. Thomas Hennessey, Chair of the Elections, then informed everyone that the truck had been approved by a vote of 146 to 57. He then entered the following into the record: MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, f WESTCHESTER COUNTY, NEW YORK NIL I I i CERTIFICATE OF RESULT OF CANVASS OF SPECIAL FIRE DISTRICT ELECTION The undersigned, Thomas Hennessy Chairman of the Election, Norma Ross . Caroline Murray and Louise Ludecke . Inspectors and HEREBY CERTIFY AS FOLLOWS: 1) That each of us is a resident elector of Mamaroneck I the Town of Mamaroneck, Westchester County, New York, a resolution adopted by the Board of Fire Commissioners of s 17th day of July, 1996, we were appointed to the offices set i connection with the special election of said Fire District held September, 1996 between the hours of 12:00 Noon and 9:00 for the purpose of voting upon the following proposition: PROPOSITION "Shall the bond resolution entitled: BOND RESOLUTION DATED JULY 17, 1996. A RESOLUTION AUTHORIZING THE PURCHASE OF AN AERIAL LADDER FIRE TRUCK, INCLUDING ORIGINAL EQUIPMENT AND INCIDENTAL EXPENSES IN CONNECTION THEREWITH, FOR THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF$500,000, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID.FIRE.DISTRICT TO PAY THE COST THEREOF." duly adopted by the Board of Fire Commissioners of said Fire District on the 17th day of July, 1996, be approved? 2) Prior to the opening of the polls, each ballot to be used at the special election had been examined. 3) After the polls had closed for said election, we immediate) canvassed I ballots cast. Inspection of such ballots disclosed the following the Total number of ballots cast 9 results: 203 Number of votes in favor of proposition 146 Number of votes against proposition Number of void ballots 57 0 18 September 18, 1996 PROCLAMATION CONSTITUTION WEEK WHEREAS, The 209th Anniversary of the Signing of our U. S. Constitution Week, September 17-23, so designated by a Joint Act of Congress, August 2, 1956. September 17th was similarly designated, February 20, 1952, as Citizenship Day, both with annual Presidential Proclamation, and WHEREAS, The "Blessings of Lib et , "guaranteed by our "Charter of Freedom," are a priceless: ift to every American, who should remember with,,grat11 dµ t ��Founders of our unique system of government. 3 NOW THEREFORE, BE IT RESOLVE D':t[tt I Elaine Price, Su ervisor of the Town of Mamaroneck hereby proclaimta he week of SEPTEMBER 17, 1996 through AV , SEPTEMBER 23, 1996 be d0a ed as WONSTITUTION Wft IN WITNESS WHEREOF, I 6re nto set my hank and caused the seal of the Town Town of Mamaroneck to be affixed this 6th day of September 1996. Elaine Price, Supervisor t 21