HomeMy WebLinkAbout1997_05_21 Town Board Regular Minutes TOWN OF MAMARONECK
TOWN BOARD AGENDA
May 21, 1997
REGULAR MEETING - REGULAR MEETING-Wednesday,May 21, 1997-Town Center Court Room-
8:15 PM
SPECIAL VIEWING of the TOWN HISTORICAL VIDEO - 7:15 PM
THE TOWN BOARD WILL CONVENE at 6:30 PM into an Executive Session to review
certiorari negotiations and personnel.
CONVENE REGULAR MEETING
CONVENE IN EXECUTIVE SESSION
RECONVENE REGULAR MEETING
CALL TO ATTENTION-Location of Exits
PUBLIC HEARINGS - Establish No Parking Zone - Boston Post Road
-Amendment- Veteran's Tax Exemption
t - Extension -Retail Food Moratorium
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Ratification - Stipulation of Agreement - Paid Fire Staff Contract
3. Other Business
AFFAIRS OF THE TOWN
1. Appointments - Human Rights Commission
- Recreation Commission
- Tree Commission
2. Authorization - Sale of Land - Jason Lane
3. Set Public Hearing Date - Amendment to Ethics Law
4. Authorization - Bond Resolution - Purchase of Equipment
5. Resolution - Delegation of Authority - Issuance of Debt
6. Approval of Certiorari Settlements
7. Salary Authorizations - Environmental Coordinator
- Paramedics
- Recreation
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SUPERVISOR REPORTS
REPORTS OF THE COUNCIL
Next regularly scheduled meetings - June 4, 1997
- June 18, 1997
Any physically handicapped person needing special assistance in order to attend the meeting
should call the Town Administrator's office at 381-7810.
'1
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE
COMMISSIONERS HELD ON MAY 21, 1997 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
Councilwoman Phyllis Wittner
ALSO PRESENT:
Patricia DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Charlene Indelicato, Town Attorney
The Supervisor said that Councilman Barry Weprin would be arriving late.
CONVENE EXECUTIVE SESSION
The Board convened into an Executive Session at 6:30 PM in Conference Room A of the
Town Center to discuss personnel matters and to review certiorari negotiations and
personnel.
On motion duly made and seconded the Board adjourned at 7:10 PM to the Court Room to
participate in the special viewing of the Town Historical Video.
CALL TO ORDER
The Regular meeting of the Town Board was called to order by Supervisor Price at 8:30
PM, who then pointed out the location of exits.
PUBLIC HEARINGS - Establish No Parking Zone - Boston Post Road
-Amendment -Veteran's Tax Exemption
- Extension - Retail Food Moratorium
May 21, 1997
PUBLIC HEARING - Establish No Parking Zone - Boston Post Road
On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the hearing
was declared open.
The Administrator explained that the intent of the amendment was to alleviate a visual
obstruction that exists at the car dealership at 1 East Main Street and that the Traffic
Committee had reviewed and recommended the passage of this law.
Supervisor Price asked if anyone wished to speak in favor or against the local law; there
being no response, on motion of Councilman Ryan, seconded by Councilwoman O'Keeffe,
the hearing was closed.
Councilwoman Wittner said that this law was a result of a request that had been made by
the dealership at that location to the Traffic Committee; after review, the Traffic
Committee then made this recommended change to the law. She said that a prior Board
meeting a representative from the dealership had been present and had voiced his
endorsement of passage of this amendment.
Then on motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the
following law was unanimously adopted:
LOCAL LAW NO. 5 - 1997
No Parking Zone -One East Main Street, New Rochelle, NY
(That section that is located in Town of Mamaroneck)
This Local Law shall be known as "No Parking Zone" on the east side'of
a driveway which is identified by its proximity to-'the address known as
One East Main Street, New Rochelle, New York.
Section 1. Intent:
One East Main Street is located in the City of New Rochelle. The
driveway and the area east of it is located in the Town of Mamaroneck
and is the subject of this legislation. The Traffic Committee of the Town
of Mamaroneck has reviewed the area and have made findings that a
serious visual obstruction exists for those exiting said driveway when
cars are parked within 20 feet east of the driveway.
Section 2. Purpose:
The purpose of this Local Law is to regulate parking on the east (north)
side of a driveway by establishing a "No Parking Zone" on the east side
of a driveway which is identified by its proximity to the address known
as One East Main Street, New Rochelle.
Section 3. Signs to be Erected:
Appropriate signs shall be erected:
a) One sign 20 feet east from the heretofore described driveway
as a "No Parking Zone".
Section 4. Severability:
Should any provision of the Local Law be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration
2
May 21, 1997
of unconstitutionality or invalidity shall not affect any other provisions of
this Local Law which may be implemented without the invalid or
unconstitutional provision.
Section 5. Effective Date:
This Local Law shall take effect immediately.
PUBLIC HEARINGS - Amendment-Veteran's Tax Exemption
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the hearing was
declared open.
Mr. Altieri explained that this exemption provides a property tax exemption of 15% of the
assessed value to veterans who served during wartime and an additional 10%to those
who served in a combat zone. Originally when the Town opted into this exemption the
equalization rate used to calculate the exemption had been frozen at the 1989 level; now a
1996 amendment restores the alternative veterans exemption by reinstating the original
equalization provisions, thus allowing the municipal caps to fluctuate as the equalization
rates change. He said that if we do not amend our law the exemption amount will probably
decrease every.year as the equalization rates drop, and that by changing the maximums
set by State law to the increased maximums set by local law it would a more stable rate.
Councilman Ryan questioned the ranking of the exemptions; why a combat veteran would
be allowed an $18,000 exemption and a war veteran a $12,000 exemption.
Mr. Altieri replied that the exemptions are cumulative in which case the exemptions could
be applied for under both categories.
Supervisor Price asked if there were any comments either in favor or against the law.
There being none, on motion of Councilwoman O'Keeffe, seconded by Councilman Ryan,
the hearing was closed.
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the following law
was adopted:
LOCAL LAW NO. 6 - 1997
Alternative Veterans Exemption
A Local Law to amend Local Law No. 9-1989 of the Laws of the Town of
Mamaroneck in relation to granting the Alternative Veterans Exemption
from real property taxation.
Be it enacted by the Town Board of the Town of Mamaroneck as follows:
Section 1.
Local Law 9-1989 is amended as follows:
3
May 21, 1997
Section 2.
This Local Law shall be implemented in accordance with Section 458-a
of the Real Property Tax Law and the maximum (d) (ii) exemptions under
Section 458-a of the Real Property Tax Law shall be granted. The
increased maximum pursuant to local law will be as follows:
War Veteran $18,000 x 5.03% _ $ 905.
Combat Veteran $12,000 x 5.03% _ $ 604.
Disabled Veteran $60,000 x 5.03% _ $3,018.
Section 3.
This local law shall take effect immediately after its adoption.
Ayes: O'Keeffe, Ryan, Price
Abstain: Wiftner
Absent: Weprin
Councilwoman Wiftner stated for the record that she was abstaining because her husband
as a veteran has a possible eligibility for this exemption, consequently there is a
possibility for a conflict of interest.
PUBLIC HEARING - Extension - Retail Food Moratorium
On motion of Councilwoman Wiftner, seconded by Councilman Ryan, the public hearing
was opened.
The Town Attorney explained the extension of the moratorium on retail foods was to give
reasonable time for the circulation and review of the proposed law to interested entities.
The Supervisor asked if anyone wished to comment on this extension to the moratorium.
There being no comment, on motion duly made and seconded the hearing was closed.
Thereafter, on motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, the law
was unanimously adopted.
LOCAL LAW NO. 7 - 1997
Extension of Temporary Moratorium
on
Establishment of New Food Related Retail Establishments
This Local Law shall be known as the Extension of the Temporary
Moratorium on the Establishment of new food-related retail uses,
Expansion, and or Addition, and/or Extension of all Food-Related Retail
Establishments and Extended Hours of Operation and 24 Hour
Operation of Retail Establishments.
4
May 21, 1997
Section 1. Intent:
The Town Board of the Town of Mamaroneck hereby determines that in
order to provide adequate time for review by the various Boards and
agencies of the Town of Mamaroneck and County and State, public
discussion of any and all proposed legislation and compliance with all
local and state rules regulations and laws as to the moratorium be
extended for an additional three (3) months from the expiration of the six
(6) month moratorium authorized by Local Law 18 of 1996.
Section 2. Findings:
The Town Board has during the term of the moratorium, retained the
firm of Ferrandino &Associates Inc. which has prepared draft reports
and sample legislation which discusses the review procedure of existing
regulations in the Town of Mamaroneck, review of other municipalities,
inventory of existing food related retail establishments general retail
hours and impact analysis. The first draft was distributed January 23,
1997. The final draft is dated April 16, 1997. The Town Board and staff
have reviewed and re-reviewed and commented. Amendments have
been incorporated in the draft and the legislation. Circulation of the final
draft to the Zoning Board, Planning Board and all other agencies
deemed appropriate by the Town Board and State and local law were
made at the May 7, 1997 Town Board meeting. The Town Board will
declare itself lead agency under the State Environmental Quality Review
Act commencing the process, where public input will be solicited as
mandated by the public hearings requirements.
The Town Board finds that in order to affect a thorough and complete
review of the proposed legislation, including, but not limited to the
environmental impact and community input, an extension of Local Law
18 of 1996 for three months from the expiration date of said Law is
required.
Section 3. Regulation:
A. During the effective period of this Local Law, as provided herein,
no permits, variances, special use permits or site plan approvals will be
issued for any establishment of new food-related retail uses, expansion,
extension and/or addition to any food-related retail establishment in the
Business District or the Service Business District.
B. No retail establishment may extend its usual hours of operation.
Section 4. Duration of Moratorium:
This moratorium shall be in effect for a period of three months after the
expiration date (June 6, 1997) imposed by Local Law 18 of 1996.
Section 5. Violations:
Any person, firm, entity or corporation that shall violate any of the
provision of this Local Law shall be guilty of a violation and upon such
conviction, to a penalty of up to $500.00 for each violation of the
moratorium.
Section 6. Severability:
5
May 21, 1997
Should any provision of this Local Law be declared unconstitutional or'
invalid by any court of competent jurisdiction, such declaration of
unconstitutionality shall not affect the validity of any other provision of
this Local Law.
Section 7. Superseding:
A. All laws, ordinances, rules and regulations of the Town of
Mamaroneck are hereby modified and superseded by this Local Law
with respect to their application to this subject matter of this Local Law
for the term of this Local Law.
B. This Local Law shall modify and supersede, with respect to its
application and for the term of this Local Law, the following provisions
of the Town Law of the State of New York Sections 138, 267-a, 274-b,
276, and 277.
Section 8. Hardship:
A. Should any owner of property affected by this Local Law suffer an
unnecessary hardship in the way of carrying out the strict letter of this
Local Law, then the owner of said property may apply to the Town Board
in writing for a variation from strict compliance with this Local Law, upon
submission of proof of such unnecessary hardship. For the purposes of
this Local Law unnecessary hardship shall not be the mere delay in
being permitted to make application for a building permit, a variance,
special permit, site plan, wetlands permit, or subdivision during the
pendency of this Local Law.
B. Procedure. Upon submission of a written application to the
Town Clerk by the property owner seeking a variation of this Local Law,
the Town Board shall, within 30 days of receipt of such application,
schedule a Public Hearing on said application upon five days written
notice in the official newspaper of the Town. At said Public Hearing, the
property owner and any other parties wishing to present evidence with
regard to the application for a variation from the strict requirements of
this Local Law shall do so. If the Town Board determines that a property
owner will suffer unnecessary hardship of this Local Law, to the
minimum extent necessary to provide the property owner relief from
strict compliance with this Local Law, shall grant such relief.
C. Any party aggrieved by the determination of the Town Board on
an application for a variation from the strict compliance with this Local
Law may appeal said decision to the Supreme Court, State of New York,
Westchester County, pursuant to Articles 78 of the Civil Practice Laws
and Rules within 30 days of the filing said decision in the Office of the
Town Clerk.
Section 9. Effective Date:
The Local Law shall take effect immediately upon filing with the
Secretary of State.
6
May 21, 1997
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Price at 8:45 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: Phyllis Wittner
1. Fire Claims:
Commissioner Wittner presented fire claims for authorization of payment , thereafter on
Councilwoman Wittner'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
AT&T Capital Leasing $ 97.52
AT&T Wireless 148.71
Carquest of Larchmont 94.10
Cleaning Systems 54.15
Con Edison 387.64
Coyne Textile Service 121.14
Gall's Inc. 61.89
Larchmont Heat & Power Corp. 220.11
New Way Cleaning 450.00
Our Designs Inc. 61.25
Rickert Lock & Safe Co. 55.00
Sears 538.39
Signs Plus 12.00
Signs Plus 113.30
Sound Shore 141.00
Staples 157.93
Stillwell Equipment Corp. 50.23
Thomas K. Landau 105.00
Valhar Chemical Corp. 274.90
4t�4�2.
2. Ratification - Stipulation of Agreement - Paid Fire Staff Contract
The Administrator explained that the Town had been negotiating the renewal of the
collective bargaining agreement with the paid firefighters, which had expired in December
1996. The new agreement is for a three year period beginning January 1, 1997.
He outlined the following:
Salary Adjustment- Under the terms of the agreement, the salaries of firefighters would
increase by 3% in 1997, 3.25% in 1998 and 3.5% in 1999; lieutenants would receive an
increment of$350 in 1997 and $300 in 1998.
Hospitalization and Medical Insurance -The agreement will provide for an extension of the
contribution made by new employees towards health insurance costs. All employees
hired after January 1, 1997 will, upon their fifth employment anniversary, contribute $1,200
7
May 21, 1997
per year for family medical coverage. Employees will continue to contribute until they
retire or otherwise end their employment with the Town. The current contract provision
requires a $1,000 contribution for only the first 8 years of employment. Employees hired
after this date will receive hospitalization in retirement, as do other firefighters. Due to the
provisions of social security and Medicare, our medical insurance cost for retired
employees is less expensive than for active employees.
Holidays - Effective January 1, 1997 Election Day will be deleted from the list of paid
holidays for firefighters. Effective January 1, 1998 holiday compensation will be
calculated based on 10 hour days versus the current eight-hour calculation. Firefighters
work 10 hour tours during the day and 14 hour tours when assigned for evening work.
Most departments calculate holiday compensation on either 10 or 12 hours. We have
therefore negotiated a 10 hour calculation coupled with the reduction of one holiday.
Longevity -The schedule for longevity payments will increase by $150 over the term of the
contract.
Sick/Iniury Leave Incentive - Overtime is often generated by employees that are out on
sick leave or non job related injuries. It has become more common for employers to offer
some form of an incentive to employees to maintain better attendance. We have
negotiated a clause that would provide three days pay or compensatory time for
employees that have perfect attendance for a calendar year. This clause would replace an
existing incentive that provides one additional sick day for every three months of perfect
attendance.
Supervisor Price commended the Administrator and the firemen for producing a really
good agreement. She said that the agreement was the result of tremendous cooperation
from both groups.
Councilman Weprin arrived at this point in the meeting - 8:50 PM.
Councilwoman O'Keeffe said that she agreed that it was a good agreement.
Councilman Weprin concurred that it was a good agreement, adding that it is especially so
since change comes hard and that both sides had allowed and agreed on changes.
On motion of Commissioner Wittner, seconded by Commissioner O'Keeffe, it was
unanimously,
RESOLVED, that the Board of Fire Commissioners does hereby
ratify and authorize the agreement between the Town and the
paid firefighters, said agreement is for a three (3) year period,
commencing retroactively to January 1, 1997 and terminating
December 31, 1999; and
BE IT FURTHER,
RESOLVED, the Board of Fire Commissioners authorizes the
Town Administrator to execute the agreement on behalf of.the
Town.
There being no further business to come before the Commission, on motion of
Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the Commission
unanimously adjourned at 8:55 PM.
8
May 21, 1997
AFFAIRS OF THE TOWN
1. Appointments - Human Rights Commission
- Recreation Commission
- Tree Commission
Mr. Altieri submitted a list of people whose terms where expiring on the Hum'
uman Rights,
Recreation Commission and Tree Commission.
Councilman Ryan requested that the appointment to the Recreation Commission be
deferred to the next meeting to allow him more time to ascertain that the member was
willing to be reappointed.
Human Rights Commission:
On motion of Supervisor Price, seconded by Councilman Ryan, it was unanimously,
RESOLVED, that the Town Board does hereby reappoint
the to the Human Rights Commission the following:
Cora Rust, 515 Weaver Street, is hereby reappointed
Chair of the Human Rights Commission, said term to
begin immediately, expiring May 1999;
Judie Martin, 416C Larchmont Acres, is hereby
reappointed as a member of the Human Rights
Commission, effective immediately, term to expire May
1998;
Mary McDonald, 58 Brookside Drive, is hereby
reappointed as a member of the Human Rights _T
Commission, term to begin immediately, expiring May
1998;
Lee Bloom, 22 Myrtle Boulevard is hereby reappointed
as a member of the Human Rights Commission, his
term to begin immediately, and to expire May 1999.
J
Tree Commission:
On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board does hereby reappoint
to the Tree Commission the following:
Nancy Sterbenz, 34 Orchard Road, is hereby
reappointed as a member of the Tree Commission for a
one year term, term to begin immediately, expiring May
1998;
Irma Volk, 16 Country Club Road, is hereby
reappointed as a member of the Tree Commission for a
9
May 21, 1997
one year term, term to begin immediately, expiring May
1998;
William Jakubowski, Building Inspector is hereby -
reappointed as a member of the Tree Commission for a
one year term, term to begin immediately, expiring May
1998;
Shimon Gitlitz, Superintendent of Highways, is hereby
reappointed as a member of the Tree Commission for a
one year term, term to begin immediately, expiring May
1998;
2. Authorization - Sale of Land - Jason Lane
The Administrator reminded the Board members that there had been two previous
auctions for the land on Jason Lane; the first resulted in one bid for$100,000, but the
bidder was unable to procure financing, forfeiting to the Town the $10,000 deposit. At the
second there were no bids received, and it was decided to lower the minimum bid price,
which was originally $125,000; down to $100,000 for the second auction. He said that on
May 8, 1997 the Town had held a third auction; and upon recommendation of the
Assessor, the minimum acceptable bid was reduced to $60,000. There was one bid
received from Joseph Delancey, who lives on Jason Lane, for$60,000. He recommended
that the bid be accepted as the lot is of no use to the Town and the sale would return the
lot to the tax roll.
On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously
adopted,
WHEREAS, a determination was made by the Town Board of the Town
of Mamaroneck to sell the vacant property at Jason Lane, designated
on the Tax Assessment Map as Block 207, Lot 470, as excess land,
and;
WHEREAS, two previous unsuccessful auctions were held pursuant
to authorizing resolutions, and;
WHEREAS, the Town Board adopted a resolution setting an auction
date of May 8, 1997 for the property at Jason Lane for an upset price
of$60,000.00 and caused such notice to be published in the Gannett
Newspaper county-wide, and;
WHEREAS, said auction was held on May 8,1997, at 11:00 a.m. in the
Courtroom of the Town Center, wherein one bid was received for
$60,001.00 by a Mr. Joseph Delancey, and;
WHEREAS, such bid was the highest bid received and the acceptance
of such bid shall restore property to the tax roll;
NOW THEREFORE, BE IT
RESOLVED, that the bid of$60,001.00 for the property at Jason Lane
be accepted, and;
BE IT FURTHER
RESOLVED, that the Town Administrator be authorized to cause title
to transfer to Mr. Joseph Delancey under the terms and conditions as
stated in the Notice of Auction.
10
May 21, 1997
3. Set Public Hearing Date -Amendment to Ethics Law
Mr. Altieri said that there was a proposal to amend the Ethics Law which would require
that a Public Hearing be held.
On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously,
RESOLVED, that the Town Board does hereby set the
date for Public Hearing on the amendment to the Ethics
Law for June 4, 1997 at 8:15 PM; and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to
publish the Notice of Public Hearing in an official Town
newspaper.
4. Authorization - Bond Resolution - Purchase of Equipment
Mr. Altieri told the Board members that this item had been previously approved and had to
be reapproved because the publication requirement had not been met.
BOND RESOLUTION DATED MAY 21, 1997
A RESOLUTION AUTHORIZING THE ISSUANCE OF $53,000
SERIAL BONDS OF THE TOWN OF MAMARONECK,
WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF
THE PURCHASE OF TRUCKS OF 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 class of objects or purposes of paying the cost of the purchase of
trucks for construction, maintenance and snow removal purposes, the cost of each
of which exceeds $15,000, of and for the Town of Mamaroneck, Westchester County,
New York, including incidental equipment, including snow plows, and incidental
expenses in connection therewith, there are hereby authorized to be issued $53,000
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 class of
objects or purposes is $53,000, and that the plan for the financing thereof is by the
issuance of the $53,000 serial bonds of said Town authorized to be issued pursuant
to this bond resolution.
11
May 21, 1997
Section 3. It is hereby etermined that the period of probable useful
Y p p Hess of the
aforesaid class of objects or purposes is ten 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 an 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 acquitance 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 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 1.1502. Other than as specified in this resolution, no
12
May 21, 1997
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.
5. Resolution - Delegation of Authority- Issuance of Debt
The Administrator explained that in June the Town would be conducting a bond sale to
consolidate certain debt issues and to convert the debt issues to long term serial bonds.
He said that the bond anticipation note for the General Environmental Impact Statement
(GEIS) issued in 1994 is one of the bonds to be included in the sale, and that when the
bond resolution was adopted in 1994, the local finance law mandated the debt schedule
follow the fifty percent rule. Since then, the law has been amended to provide for a
substantially level or declining annual debt service. The new law provides greater
flexibility to adopt whichever debt schedule is more advantageous to the Town; because
the 1994 GEIS bond was issued under the prior law, a resolution is required from the
Town Board that will delegate to the Town Supervisor the authority to issue debt under the
new legislation.
The following Bond 52461-377P was thereupon unanimously adopted:
At a regular meeting of the Board of Trustees of the Town of
Mamaroneck, Westchester County, New York, held at the Town
Center, in Mamaroneck, New York, in said Town on May 21, 1997,
at 8:15 o'clock PM, Prevailing Time.
The meeting was called to order by Supervisor Price, and upon roll
being called, the following Board members were
PRESENT:
Supervisor Elaine Price
Councilman Paul Ryan
Councilwoman Valerie M. O'Keeffe
Councilman Barry Weprin
Councilwoman Phyllis Wittner
13
May 21, 1997
ABSENT: None
The following resolution was offered"by Councilman Ryan, who
moved its adoption, seconded by Councilwoman Wittner, to-wit:
RESOLUTION DATED May 21, 1997
A RESOLUTION DELEGATING TO THE SUPERVISOR OF THE
TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,
POWER AND AUTHORITY TO DETERMINE WHETHER BONDS OF
SAID TOWN AUTHORIZED BY BOND RESOLUTION DATED
OCTOBER 5, 1994, SHALL BE PAYABLE IN A SUBSTANTIALLY
LEVEL OR DECLINING ANNUAL DEBT SERVICE MANNER.
WHEREAS, the Local Finance Law of the State provides that a
Town Board may delegate to a Supervisor, as chief fiscal officer,
certain powers of said finance board with respect to the issuance
of obligations of said Town; and
WHEREAS, the Town Board of the Town of Mamaroneck,
Westchester County, New York (the "Town"), has previously
delegated to the Supervisor of said Town certain powers with
respect to the issuance of obligations relating to the preparation of
a generic environmental impact statement (Phase II) concerning
country club properties planned in and for the Town of
Mamaroneck, Westchester County, New York, authorized by bond
resolution dated and duly adopted October 5, 1994, which could
then be so delegated pursuant to the provisions of the Local
Finance Law; and
WHEREAS, on June 20, 1994, the Governor of the State signed into
law Chapter 201 of the Laws of 1994 which, among other things,
authorizes a Town Board to determine to provide for substantially
level or declining annual debt service on bonds and bond
anticipation notes of a Town as an alternative to providing that
such bonds and bond anticipation notes be amortized in
accordance with the so-called fifty per cent rule; and
WHEREAS, said Chapter authorizes the finance board of a Town,
the Town Board, to delegate such determination, together with
certain other determinations therein provided, to the Supervisor of
a Town, as chief fiscal officer; and
WHEREAS, it is now desired to delegate to the Supervisor of the
Town of Mamaroneck, as chief fiscal officer of the Town, such
powers;
NOW THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows:
Section I. Pursuant to the provisions of paragraph a of Section
56.00 of the Local Finance Law, the power to determine whether to
issue bonds and bond anticipation notes having substantially level
or declining annual debt service, as provided in paragraph d of
Section 21.00 of the Local Finance Law, pursuant to bond
resolution dated and duly adopted October 5, 1994, in and for the
Town of Mamaroneck, Westchester County, New York, is hereby
delegated to the Supervisor, the chief fiscal officer of said Town.
14
May 21, 1997
All other matters relating to such bonds and bond anticipation
notes to be issued by said Town and having substantially level or
declining annual debt service, including, but not limited to, the
power to determine the weighted average period of probable
usefulness of the objects or purposes to be included in such
bonds or bond anticipation notes, the maximum authorized period
or maturity of indebtedness of such objects or purposes to be
actually sold, the estimated average rate of interest at which fixed
interest rate bonds of the same maturities would be sold if such
bonds were to be issued with a variable-rate of interest, pursuant
to Section 54.90 of the Local Finance Law, whether interest on
such bonds shall be compounded and payable at maturity or prior
redemption, whether such bonds shall be issued as serial bonds,
as sinking fund bonds, as term bonds, or any combination thereof,
and all other matters which may be delegated pursuant to such
Section, is hereby delegated to the Supervisor of the Town, the
chief fiscal officer.
Section 2. 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:
Councilwoman Wittner _ VOTING AYE _
Councilman Weprin _ VOTING AYE _
Councilwoman O'Keeffe _ VOTING AYE _
Councilman Ryan _ VOTING AYE _
Supervisor Price VOTING AYE
The resolution was thereupon declared duly adopted.
6. Approval of Certiorari Settlements
The Consultant for Certiorari, George Derderian, recommended settlement of certiorari for
Tomar Realty Company (formerly Selectro) and The Great Atlantic & Pacific Tea Company
(A& P) . The Board discussed the ongoing impact of the reductions to assessments that
are increasing with no abatement.
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, the following
certiorari were unanimously approved for settlement:
Tomar Realty Co. (former Selectro property )
225 & 307 Hoyt Avenue, Village of Mamaroneck
Block 823 Lots 9.1 & 36
Assessments: 225 Hoyt Ave. ($130,000, 307 Hoyt Ave. $39,900)
Year. Under Review
1993 Through 1996
225 Hoyt Avenue
Amount of
Year Assessment Reduced to Reduction
1993 $130,000 $60,000 $70,000 (53%)
1994 $130,000 $60,000 $70,000 (53%)
1995 $130,000 $601000 $70,000 (53%)
1996 $130,000 $601000 $70,000 (53%)
15
May 21, 1997
307 Hoyt Avenue
1993 $ 39,900 $20,000 $19,900 (49%)
1994 $ 39,900 $20,000 $191900 (49%)
1995 S39,900 $20,000 $19,000 (49%)
1996 $ 39,900 $20,000 $19,900 (49%)
The settlement was based on a reduction of the total assessment$169,900 ($130,000 &
$39,900)to be reduced to a total assessment reduction of$89,900 (53%).
Recommendation is for the total reduction for each year be approved and the allocation be
left to the Assessor.
The loss in taxes to the Town is $4,600
The Great Atlantic & Pacific Tea Company, Inc. (A& P)
805 Mamaroneck Avenue, Village of Mamaroneck
Block 821, Sect 233
Assessment: $149,000
Years Under Appeal: 1992 through 1996
A & P
Amount of
Year Assessment Reduced to Reduction
1992 $149,000 $130,000 $19,000 (12%)
1993 $1491000 $123,000 $261000 (17%)
1994 $149,000 $124,000 $25,000 (16%)
1995 $149,000 $125,000 $24,000 (16%)
1996 $149,000 $125,000 $24,000 (1.6%)
The loss in taxes due to thin settlement is approximately $1,500.
7. Salary Authorizations - Environmental Coordinator
- Paramedics
- Recreation
Mr. Altieri reported that the Town had received more than 90 resumes for this position and
had interviewed 10 applicants; choosing 3 who were invited back for a second interview.
The Administrator said that James W. Athey, Jr. has been chosen because he has not only
the education credentials, but will bring practical experience, good,writing and research
skills to the job. He noted that James was being hired to replace Eve Bocca, as
Environmental Coordinator, who had resigned to accept a position with the State.
Councilwoman O'Keeffe asked who had interviewed and decided on his hiring.
The Administrator replied that both he and Paulette Gabbriellini had conducted the
interviews. Councilwoman O'Keeffe then questioned the procedures for hiring and said
that she thought a Board member should be included in the interview process as they
might have a better background in the field for which the person is being interviewed.
Mr. Altieri explained that the hiring has always passed through this same procedure, with
usually the Department head being a part of the process and decision making.
Supervisor Price reiterated that the interview procedures seemed sound. But that if the
Councilwoman had any further questions regarding the person being hired, that the Board
could adjourn and reconvene into Executive Session to discuss personnel. It was on
motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, that the Board
unanimously decided to adjourn into Executive Session into the jury room to discuss the
personnel matter.
16
May 21, 1997
There then followed a pause in the Regular Meeting.
Thereafter, on motion duly made and seconded the meeting was reconvened.
On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously
RESOLVED, that the Town Board does hereby authorize the
appointment of James W. Athey, Jr. to the position of
Environmental Coordinator at the annual salary of$31,000,
effective June 2, 1997.
- Paramedics
Ed McCormack, Ambulance Administrator, had sent a memo informing the Board members
that on April 15, 1997 the Ambulance District Board had met and agreed on a compromise
agreement to reduce costs without reducing paramedic staffing at night. The Hourly pay
rates proposed and approved by the Ambulance District Board are:
Days 8:00 AM -4: PM - $16/hour
Eves 4:00 PM - 12 MN - $16 1hour
Nights 12 MN - 8:00 AM - $14/hour
The rates represent a compromise between the costs that could have been saved through
night staffing reduction, and an application of the budgeted .25/hour raise into the night
rate. Annualized cost reductions would amount to $11,680. His memo requested that the
Board approve the agreement.
On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously
RESOLVED, that the Town Board does hereby authorize the
payment of salary to the Paramedics effective May 7, 1997 as
follows:
DAYS EVES NIGHTS
Ballantyne, Mark $15.00 $15.00 $14.00 PROBATION ENDS
5/15/97
AFTER 5/15/97 $16.00 $16.00 $14.00
Baumblatt, Mark $16.00 $16.00 $14.00
Bellingham, Phil $16.00 $16.00 $14.00
Berkowitz, Douglas $16.00 $16.00 $14.00
Burrell, Mark $16.00 $16.00 $14.00
Carcano, Jim $16.00 $16.00 $14.00
Cecere, Nick $16.00 $16.00 $14.00
Davis, Steve $16.00 $16.00 $14.00
Deshensky, Charlie $16.00 $16.00 $14.00
Deutsch, Matt $16.00 $16.00 $14.00
DiMeglio, Sal $16.00 $16.00 $14.00
Glaessgen, Scott $16.00 $16.00 $14.00
Gluckman, Will $16.00 $16.00 $14.00
Grande, Don $16.00 $16.00 $14.00
Kosenko, Pete $16.00 $16.00 $14.00
Liverzani, Mike $16.00 $16.00 $14.00
McCauley, Matt $16.00 $16.00 $14.00
McCormack, Ed $16.00 $16.00 $14.00
Nadolske, Pat $16.00 $16.00 $14.00
Papish, Mark $16.00 $16.00 $14.00
Primrose, Pete $16.00 $16.00 $14.00
17
May 21, 1997
Purcell, Dan $16.00 $16.00 $14.00
Smith, Bob $16.00 $16.00 $14.00
Werner, Rich $16.00 $16.00 $14.00
- Recreation
On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was
unanimously,
RESOLVED, that as provided for in the 1996 budget the
Town Board does hereby approve the authorization of
salary to the following:
Jacob Marcus, Tennis Instructor, $12/hour, effective retroactive to 5/5197
Sarah Higgins, Tennis Instructor, $10 1hour, effective retroactive to 515197.
Levi Litman, Tennis Instructor, $15/hour, effective 5/19/97.
ORAL COMMUNICATIONS
Ernie Ordierna announced that the Larchmont Garden's Civic Association, which he is
President of, would be meeting the next night and invited officials and citizens of the Town
to attend. He said that he had a show on LMCITV on Friday evenings at 7:30 PM and that
he would be asking people involved in the community and government to join him to help
keep us informed on pertinent issued. He congratulated the Board for giving an excellent
party celebrating the 300th anniversary of Town government. He also said that he was
pleased with the plantings that were being put in; and questioned the status of different
aspects of the upcoming PGA Tournament.
WRITTEN COMMUNICATIONS
None
SUPERVISOR REPORTS
Supervisor Price thanked him. She then reiterated that there would be no parking within
one mile of the Winged Foot Golf Club, and that there would be no walk-ons allowed, the
Golf Club was being completely fenced, all attendees would be shuttled in by bus from
various paring areas in the county, from Yonkers, White Plains, New Rochelle, etc. The
closest site would be the Mamaroneck Railroad Station. She said that residents having
guests should make sure they park in the driveway. She added that every effort was being
made to notify everyone of the event, through newspapers, cable TV, and that she would
be including an announcement in the Town newsletter. The Supervisor invited residents
to the firemen's barbecue on June 14, 1997, celebrating their 90th anniversary, which
would be at the firehouse on Weaver Street. She said the next regular meeting of the
Board would be held on June 4, 1997.
Councilwoman Wittner commended the crew doing plantings, noting that its
probably the best she's ever seen.
18
May 21, 1997
PROCLAMATION
JOAN HILLS FA ULKNER
WHEREAS, Joan is retiring as Chairman of the Board of Trustees of the Larchmont Public Library;
and
WHEREAS, Her commitment to the Library and our residents has been repeatedly demonstrated by
her professionalism during her 10 years on the Library Board; and
WHEREAS, She has intuitively understood the difference between policy and procedure and has
consistently advocated innovation rather than settle for inertia; and.
WHEREAS, In large measure we owe the vitality and continued success of the Larchmont Public Library
to Joan's inspiration,dedication, and willingness to devote innumerable hours to help guide the Library
Board through complex and difficult construction issues during the expansion and renovation of the
Larchmont Public Library.
NOW THEREFORE,BE IT
RESOLVED,that I,Elaine Price,Supervisor of the Town of Mamaroneck and the Town Board
members gratefully acknowledge and deeply appreciate Joan's substantial contributions to the Library
and to our community.
IN WITNESS WHEREOF,I have hereunto set hand and caused the seal of the Town of Mamaroneck
to be affixed this 14th day of May 1997
Elaine Price,Supervisor :
Paul A. Ryan, Councilman Valerie Moore O'Keeffe, Councilwoman
Barry A.Weprin,Councilman Phyllis Wittner, Councilwoman
PROCLAMATION
JEANNE SCHWARZ
WHEREAS,Jeanne is retiring from the Larchmont Public Library Board after 9 years of devoted
service; and
WHEREAS,during her tenure Jeanne demonstrated a sharp analytical focus and "no nonsense"
approach as the Library Board grappled with personnel issues and complicated construction projects;
and
WHEREAS,Jeanne's gentle and wise persona will be greatly missed by the countless residents she has
served.
NOW THEREFORE BE IT
RESOLVED that I,Elaine Price, Supervisor, and the Town Council hereby extend to Jeanne Swarz
their appreciation for the outstanding service she has given to the people of the Town of Mamaroneck,
the Village and the Library Board; we wish her and her husband David many years of joyful
retirement.
IN WITNESS WHEREOF,I have set my hand and caused the seal of the Town of Mamaroneck to be
affixed this 14th day of May 1997
Elaine Price,Supervisor :
Paul A. Ryan,Councilman Valerie Moore O'Keeffe,Councilwoman
Barry A.Weprin, Councilman Phyllis Wittner,Councilwoman
ADJOURNMENT
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe the meeting was adjourned.
19