HomeMy WebLinkAbout1997_12_03 Town Board Regular Minutes DECEMBER 3, 1997
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE
COMMISSIONERS HELD ON DECEMBER 3, 1997 AT 8:15 PM IN
THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON
POST ROAD, MAMARONECK, NEW YORK,
PRESENT:
Supervisor Elaine Price
Councilwoman Valerie M. O'Keeffe
Councilman Barry Weprin
Councilwoman Phyllis Winner
ABSENT: Councilman Paul A. Ryan
ALSO PRESENT:
Patricia DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Charlene Indelicato, Town Attorney
CONVENE EXECUTIVE SESSION
The Board convened into a Work Session at 6:45 PM in Conference Room A of the
Town Center to review outside agency budget requests.
On motion duly made and seconded the Board adjourned at 8:.15 -PM to the Court Room
to reconvene the regular meeting.
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CALL TO ORDER
The Regular meeting of the Town Board was called to order by Supervisor Price at 8:15
PM, who then pointed out the location of exits. She Price said that Councilman Ryan was
not here tonight because he was recuperating from back surgery and he vas doing very
well although it was difficult for him to sit for long periods of time, she sent I im our best
wishes.
She then said that this evening we would be celebrating the 87th birthday of St. Clair
Richard. St. Clair is the reporter for the Soundview News, and a long-time activist.
The Supervisor then led everyone in singing happy birthday, adjourned the meeting and
went to the lobby where cake was served.
RECONVENE
On motion made and seconded the meeting was reconvened.
December 3, 1997
PRESENTATION - Community Services Department
Kathy Kopa, Director of Community Services, reported that during the Thanksgiving
season, there were over 600 meals delivered. She said that participating and assisting in
the setting up, cooking, and/or delivery were many groups of people. She mentioned,
Brownie Troops, Larchmont Avenue Church, Larchmont Lions, St Thomas' Outreach
group, and the Town of Mamaroneck Fire Department. She added that she and her
husband both helped on the delivery. Kathy also said that her staff, Noreen Idoni and
Janet Beal, had done an incredible job in helping to coordinate it all.
PUBLIC HEARING - 1998 Preliminary Town Budget
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck, New York on Wednesday, December 3, 1997 at 8:15 PM in the
Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to
consider the preliminary budget for the calendar year commencing January 1, 1998 and
ending December 31, 1998. All citizens, especially senior citizens, are invited to attend
and provide the Board with written and oral comments and ask questions concerning the
Town's entire preliminary budget. The preliminary budget can be inspected by the public
from 8:30 AM to 4:30 PM, Monday through Friday in the Town Clerk's Office, Town Center,
740 W. Boston Post Road, Mamaroneck, New York.
PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town
Board are as follows: Supervisor, $21,000; Town Council (4) $5,000 each and the
proposed salary for the Town Clerk is $53,875 and the Town Justices (2) $18,600.
Mr. Altieri, Town Administrator, presented overhead slides and charts illustrating the
coming year's budget. He said that the one overriding assumption in this budget is that
the residents of the Town continue to expect a high level of service from the Town
government and this budget will continue to provide all the current programs and
services now offered by the Town government. Some of the problems are not new, for
instance, the problem of assessments and tax refunds still plague the Town and
contribute to the need to raise appropriations and tax rates. The Town, not unlike the
private sector, must deal with external market factors that impact some our programs.
Presented in this budget is a strategy for dealing with these factors as they effect the
Town's operations.
The preliminary budget for 1998 includes appropriations of$18,796,540, which is an
increase in appropriations over 1997 in the amount of $704,060 or 3.9%. He said the way
this change will effect tax rates in 1998 is as follows: Village residents in Larchmont and
Mamaroneck will, for the fourth consecutive year, see no increase in the town-wide tax,
also, as a result of our operations we will lower the Ambulance District tax rate in 1998 by
$.15. Freezing the town-wide tax rate and reducing the Ambulance District rate have a
positive effect not only on village residents but also the residents of the Unincorporated
Town. The overall tax rate for residents in the Unincorporated Area will, however,
increase in 1998. The proposed tax rate increase is $5.10 or 3.2%.
He continued that in the Town of Mamaroneck the average property assessment is
$20,000, therefore, a resident of the Town's Unincorporated Area will realize a Town
property tax increase of$102 in 1998. Property owners in the Village of Mamaroneck and
Village of Larchmont that pay only the town-wide tax and Ambulance District tax will
actually see a decrease in their property tax . In 1997 a village resident with an average
assessment of$20,000 paid $207 in taxes to the Town. In 1998 the village residents' tax
bill will be reduced to $204. The changes in the Town budget that have produced these
proposed tax rates are explained in this budget supplement report. As noted earlier,
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December 3, 1997
appropriations for 1998 are proposed to increase by $704,000. Expenses for the Town
are broken down into five categories: Personnel, Equipment, Contractual Expenses, Debt
Service, and Capital Projects.
Personnel:
There were changes in the personnel expenditures in 1998 that should be explained to
better understand the nature of the new expenses. First however it is important to note
that in the 1997 budget, the salaries presented were actual 1996 salaries. This was due to
the fact that the Town was in negotiation with its three bargaining units. Therefore as one
reviews the budget, you will notice what appears to be large increases in personnel
services. The expenditure increase represents two years of salary adjustments. In 1997,
provisions were made for salary adjustments in another section of the budget. Overall,
salaries and wages will total $7.9 million in the budget. Earlier this year, the Board
authorized an additional full-time person in the Assessor's Office to provide more
continuity to handle the increased workload caused by grievances, certiorari, and small
claims appeals. The intent at that time was to partially subsidize the new position by
eliminating an expense of$15,000 originally appropriated for part-time personnel . The
1998 budget proposes to leave this expenditure in place in the Assessor's Office. Recent
legislation known as the STAR program has been signed into law by the Governor and the
legislature. Briefly described, the legislation will allow residential property owners to
receive property tax reductions for school taxes. To implement this program, each
resident must file an application with the local assessor. All applications must be filed
before June 1, 1998, and each application must be reviewed for its accuracy and for
calculation of the school tax credit. In the Town, we expect over 8,400 applications to be
filed by property owners, which is an enormous task requiring additional personnel
during a portion of 1998.
The new additions to the Hommocks Pool were well received this past summer, with
increased attendance by families using the new pools. In the 1998 budget, one will note
an increase in the pool salaries of$5,000; the increased cost will cover the expanded
pool schedule in 1998.
In the Town Supervisor/Town Administrator's Office, a proposal is being made to convert
two part-time positions to a full-time receptionist/secretarial position. As the hub for all
Town operations, there are a great many phone calls received regarding Town services,
which is in addition to the work load to maintain our central record files, personnel
records, and bid specifications. This requires a person with more computer and
secretarial skills. The 1997 budget included an appropriation of$13,000 for part-time
personnel. The additional expense in 1998 is expected to be $17,000.
The Administrator said that with the approval of the Town and the two villages, a Tri-
Municipal Ambulance District was created in 1994. By consolidating efforts, the district
was able to assure quality emergency medical care at a lower cost. The program was
established in such a way as to be funded in large part by fees charged to those that use
the service. As evidenced by the reduction in the district tax rate, our revenues are
beginning to subsidize a larger percentage of the district budget. Efforts in this regard,
plus the task of managing the 24 part-time paramedics, are becoming more complex.
Therefore it is proposed to convert the part-time District Administrator's position to a full-
time position, the net impact to the district budget, however, will be relatively small.
Although the District Administrator will be full-time, he will also act as a working
paramedic two days a week; this has allowed a reduction to the paramedic budget by a
factor of about $15,000. The total salary budget for the district has therefore only been
increased by $17,000 to accommodate this expanded position.
Equipment:
In the context of the Town budget, this category is generally for the replacement of
smaller pieces of equipment used by the Town departments on a regular basis. For
instance, in the Highway Department this would include lawnmowers, chainsaws and
other similar items. In the Fire Department, this includes the replacement of hose,
nozzles, and other small pieces of fire fighting equipment. Also, we include certain
building repairs and upgrades that would not be considered routine. In 1998, total
expenses in this category are $250,150.
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December 3, 1997
Expenditures worth noting in this category are the following. At the Hommocks Ice Rink
we are proposing the replacement of the interior ceiling system with a new reflective
ceiling system that will provide a brighter interior and reduce energy costs. This was one
of the recommendations in the consultants report prepared several years ago. We
estimate that the roof system will save between $6,000 and $9,000 dollars in electric and
natural gas cost. The system surface is designed to be more reflective and will brighten
the facility without adding new light fixtures, The estimated cost of the ceiling system is
$50,000.
An appropriation of$35,000 has also been included for the replacement of the Town
Center telephone system. The current system was installed in 1986 when the Town
moved into the building after its renovation.After eleven years we have reached a point
where there is no more capacity left in the system for additional connections. This has
hampered our ability to add facsimile capability and transmit data using phone lines.
Contractual Expenses:
These are the expenditures that are made each day for the operation of the government.
The more significant items in this category are liability insurance, employee pension
expenses, medical insurance, and funds set aside for tax refunds. Overall our expenses
in this category rose by only 2.2% or$191,000. On a positive note our insurance broker
has notified us that because of our excellent loss ratio our liability insurance costs will be
reduced by 5%. This equates to roughly $15,000.
We have planned for some increases in employee benefit costs. The 1998 budget
includes total appropriations of$2.7 million for benefits for all employees. Several years
ago the Town entered a program with the New York State Retirement System that allowed
us to prepay our expected retirement expense and receive a premium credit for the Town.
This program has now ended and therefore our cost will rise in 1998. Over the past
several years, however, our pension costs were reduced by almost 30%. Also, our health
insurance costs will rise by approximately 3% in 1998.
Another major expense in the contractual expense category is utility costs. You will find
that the largest increase is at the Hommocks Ice Rink. The increase in costs is directly
attributable to the popularity of the facility and its use throughout the year. Generally
speaking, however, there has been an increase in utility costs due to rate increases
granted to the New York State Power Authority which provides electricity to the Town's
buildings.
Property tax refunds continue to be a major expense for the Town. To date, we have
expended $525,000 for tax refunds. Some of this expense is, however, attributable to
certiorari settlements dating back to 1996. Although we do not expect our expenditures to
be as high in 1998, an increase in the appropriation has been made for tax refunds. An
increase of$40,000 has been made for the tax judgements. The total appropriation is
$308,000.
Debt Service:
This coming year, the Town's total debt payments for both short and long term debt will
be $1.98 million. During 1997 the Town took advantage of low interest rates in the market
and held a bond sale for both the Town and the Fire District. Our strong bond rating
resulted in an average interest rate of 4.89%for long term serial bonds. The bonds were
issued to consolidate and convert a series of bond anticipation notes to long term debt.
Included in the bond issue were the financing of the Fire Department ladder truck and the
reconstruction of the Hommocks Field. Other short term instruments that were converted
were borrowings for sidewalk improvements, equipment purchases, and road
improvements. The bond issue for the Town totaled $2.5 million and $705,000 in bonds
were issued for the fire district. Typically, the Town experiences an increase in debt
service expense the year after the bond issue. In 1998, the increase amounts to $75,000.
Capital Projects:
Included in the budget is the Town's proposed five year capital improvement schedule.
p P
Each year the schedule is reviewed and revised as necessary to meet the priorities set by
the Town Board. Of all the projects planned in 1998 the improvements along the Boston
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December 3, 1997
Post Road will be the largest capital project. This project will continue the Town's efforts
to upgrade the character of the Boston Post Road. Estimated at $330,000, the project will
include the installation of new sidewalks, new street lighting and additional trees. Work
will be completed between Alden Road and the Mamaroneck Village border. To help fund
this project, the Town was awarded a Community Development Block Grant of$165,000.
Other proposed capital projects are as follows:
Road Resurfacing $150,000
Replacement of Police Vehicles (4) $100,000
Computer Replacement $ 45,000
Replacement of Refuse Packer $110,000
Replacement of Street Lighting Truck $130,000
For the above capital projects, $295,000 has been appropriated in the Town Budget. The
balance will be financed through the borrowing of funds. Also, as noted above, grant
funds will be used to finance a portion of the Boston Post Road project.
Revenues
In 1998, revenues from sources other than property taxes are expected to total $6.4
million. This is an increase of$400,000 over 1997. Non-tax revenues fund one-third of the
Town's appropriations. Obviously, these revenues have become an important tool for
stabilizing property taxes in the Town. A continuing problem however is the reduction in
assessments from property tax appeals. For budgetary purposes, property assessments
were reduced by $1.8 million. While this reduction is less than last year, it is still
significant. By maintaining current appropriations, the assessment reduction produced a
1.4%tax increase. The non-tax revenues are invaluable for mitigating the effects of
assessment reductions. Some of these non-tax revenues are, however, subject to the
external forces of the local and national economy thus causing them to fluctuate. For this
reason, our estimates are conservative to prevent a serious tax rate impact when non-tax
revenues decrease due to external factors.
Revenue estimates have been increased for mortgage tax revenues, sales tax revenues,
and interest earnings. These revenues have performed well in the past three years and we
expect that the strong economy will continue this strong revenue performance. We are
not expecting any major changes in funding from the State of New York in the form of Per
Capita Aid or Highway Aid Funds.
One area that deserves greater attention in this budget is recreation revenues. The new
pool facility created a major boom to our revenues. We have increased our estimates'to
$380,000 for 1998. This represents an increase of$80,000 over 1997. Revenue increases
are also projected for our summer and winter sports, camp and fitness programs.
We do have concerns however, in regards to revenues at the Hommocks Ice Rink. For the
first time, we are holding the line on all revenue estimates with the exception of ice
rentals. The Town should reach its 1997 estimates; however, current performance
indicates that new increases should not be estimated for 1998. Therefore you will find
1998 ice rink revenue estimates are only increased by $15,000 to $650,000.
In contrast to 1989 when we reopened the rink facility, the ice rink market is far more
competitive. Over the last year, two new rink facilities have opened in Westchester
County and two more are planned for opening in the next year or two. The once short
supply of ice time has disappeared and it is possible we could experience a glut of open
ice time in rinks around the County. The most important factor affecting this will be the
future popularity of hockey, figure skating, and recreational skating. Since 1995, the
Hommocks facility has become a self-sufficient operation requiring no property tax
subsidy.
We have reached this goal by selling ice time and general admissions to not only
community residents but also the general public. Clearly, 40% of the rinks revenue is
generated from sources outside the Town.
In some ways, we are well positioned in the rink market. First, our overhead costs are
generally lower than other rinks in the County. We do not carry the same percentage debt
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December 3, 1997
burden as do the new private rinks. Also, our overhead costs are generally lower. For
instance, the Town can purchase discounted electric power from the New York State
Power Authority. These factors allow us to keep our rental and admission rates low. Also,
we offer variety by not operating solely as an ice rink throughout the year. Our ability to
switch operations from ice to Rollerdome gives us flexibility and allows us to attract
different skating markets.
It will also be important for us to maintain the Hommocks reputation as a quality ice rink
facility. Improvements such as the new locker rooms and the new ceiling system will help
maintain our competitive edge.
Finally, in the area of revenues, we should point out that our Ambulance District is
performing well. While the time lag for the collection of money is still as high as 120 days
for some accounts, our collections are now more reliable. This has allowed us to increase
our 1998 estimates by$25,000 to $280,000. The result has been a reduction of the District
tax rate.
Conclusion:
The 1998 Preliminary Budget for the Town of Mamaroneck is a sound financial plan for
the coming year. Some of the dollars appropriated in the budget will also serve to improve
the quality of the services. In order to do this, a tax increase was necessary. Considering
the impact of assessment reductions, however, the increase proposed is both
responsible and appropriate. In the absence of the assessment reduction and the impact
of tax refunds, the tax rate increase would have been approximately 1.4%which is lower
than the current consumer price index. As always, thanks are due to the staff for their
work in preparing this budget and keeping in mind the need to minimize the property tax
burden for our residents.
The Supervisor thanked Mr. Altieri. She said that the budget document had been worked
on by this Board at many meetings, and that they were pleased with the result. She said
that there would be a continuation of the budget discussions. The budget will be adopted
on December 17, 1997.
Supervisor Price spoke about the impact that certiorari filings are making on the budget,
with the property tax refunds now approximating $500,000 per year. She said that the
budget included the financing of a fire truck; proposed capital projects such as
improvements to the Boston Post Road. She said that a grant for$165,000 had been
used to improve sidewalks, new lighting and curbing, and that new grants would be
applied for to help offset costs of improvements.
There is a difference between the Town and, for example, the City of Rye. The difference
is because the City of Rye had done a reassessment in the 19801s. She added that all the
taxpayers are carrying the cost of non-reassessment and that State and County
cooperation is needed. The issue will not go away, and trying to start a county-wide
assessment is not a popular idea. She said that we've increased our revenue base by
about$350,000 from the Hommocks Park Apartments, Early Beginnings, and cellular
antennae rents. She said that there is a sunset provision on sales tax revenues which
requires a periodic renewal of the sales tax law. Because of the continuing uncertainty
the Town might lose out on sales tax, and we are trying to increase our revenues.
Councilwoman O'Keeffe asked if the Ice Rink worked under a net gain or loss.
The Administrator replied that it was net gain, and the revenues have been increasing
yearly.
Following discussion on revenue sources, on motion made and seconded the hearing
was closed.
PUBLIC HEARING - Handicapped Parking Space No. Chatsworth Avenue
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December 3, 1997
On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin, the hearing was
declared open.
This matter was adjourned from the November 19, 1997 Town Board meeting.
The purpose of the Local Law is to provide a handicapped parking space on North
Chatsworth Avenue near the intersection of Washington Square.
The Supervisor asked for comments either in favor of or against the proposed law.
Mr. Juliano, who had wrote a letter to the Traffic Committee requesting this law, said that
it was difficult for handicapped persons to get a space in order to get groceries in and out
of their cars, and also to be picked up and dropped off, which are just a few of the many
reasons they are asking for the parking space.
Mr. Altieri noted that this item had been discussed at a previous Board meeting and that
because of a discrepancy as to the precise location of the parking space, it had gone
back to the Traffic Committee for clarification, he then explained the location.
The hearing was closed on motion of Councilwoman O'Keeffe, seconded by
Councilwoman Winner.
On motion of Councilwoman Winner, seconded by Councilwoman O'Keeffe, the ensuing
law was unanimously adopted,
LOCAL LAW NO. 16-1997
This Local Law shall be known as a "Handicapped Parking Zone"to be located on the
west side of Washington Square.
Section 1. Intent:
To provide a handicapped space on the west side of Washington Square at a location
approximately 110 feet south of the intersection of North Chatsworth Avenue.
Section 2. Sign to be Erected:
An appropriate sign to be erected on the west side of Washington Square.
Section 3. Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall
not affect any other provisions of this Local Law which may be implemented without the
invalid or unconstitutional provision.
Section 4. Effective Date:
This Local Law shall take effect immediately.
PUBLIC HEARING - Extension of Temporary Moratorium
PLEASE TAKE NOTICE, that the Town Board of the Town of Mamaroneck will hold a
Public Hearing on Wednesday, December 3, 1997 at 8:15 PM or as soon thereafter as is
possible in the Court Room of the Town Center to consider the adoption of an "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."
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December 3, 1997
The purpose of this Local Law is to extend a moratorium on all food-related retail
establishments and extended hour of operation and 24 hour operation of retail
establishments for three (3) months in order to allow the Town to review its regulations of
such uses.
` On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, the hearing was
opened.
The Town Attorney said that an additional extension to the moratorium was necessary to
enable further study of the impacts to the Town on retail food establishments.
There being no comment either in favor of or against the extension, the hearing was
closed on motion of Councilman Weprin, seconded by Councilwoman Wittner, and on the
same motion and seconded the following local law was unanimously adopted:
LOCAL LAW 17 - 1997
This Local Law shall be known as the Third 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.
Section 1. Intent: The Town Board of the Town of Mamaroneck hereby determines that in
order to provide adequate time to review comments by the Zoning Board, Planning Board
and the general public, and further; to allow for public hearings for any proposed material
amendments to the ordinance based on the comments and public hearings the
moratorium be extended for a third time for an additional three (3) months from the
expiration date of the extension December 6, 1997 which is authorized by Local Law 11
1997 to March 6, 1998.
Section 2. Findings: The Town Board of the Town of Mamaroneck authorized a six (6)
month moratorium by Local Law 18 of 1996. Said moratorium was due to expire on June
6, 1997. By Local Law 71997, the moratorium was extended until September 6, 1997 and
again by Local Law 11 to December 6, 1997. As stated in the finding section of Local Law
7 1997, the Town Board during the period of the original moratorium retained the fine of
Ferrandino &Associates Inc. who prepared draft reports and sample legislation. The
report reviews existing regulations in the Town of Mamaroneck, and of other
municipalities, an inventory of existing food related retail establishments, general retail
hours and impact analysis. The first draft was distributed January 23, 1997. A subsequent
redraft was made on April 16, 1997, and a final draft dated May 9, 1997. The document
was then circulated to the County, Zoning Board & Planning Board and other agencies
and commission for comment and review.
During this period, pursuant to the SEAR process, the Town Board declared itself lead
agency. A long form environmental assessment was completed. No adverse
environmental impacts were found and the Town Board recorded a negative declaration.
Thereafter, public meetings on the ordinance were held with the Planning Board on June
10, 1997 and with the Zoning Board on July 2, 1997. A public hearing was held on June
18, 1997 at which a number of citizens and business representatives, addressed the Town
Board with concerns on certain aspects of the ordinance. The pubic hearing was
adjourned to July 2, 1997 at which time the public continued the input and requested
some issues including but not limited to operation, square footage of certain uses, and
definition of certain uses be further explored. Such research and compilation of materials
have been ongoing.
In order to review these requests and, if necessary, draft appropriate amendments and, if
required, recirculate and renotice for further public hearings, the Town Board and staff
requires an extension of Local Law 111997 for an additional three(3) months from the
expiration date of said Law.
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December 3, 1997
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
(3) months after the expiration date (December 6,1997) imposed by Local Law 7 of 1997.
Section 5. Violations: Any person, firm, entity or corporation that shall violate any of the
provision of this Local Law shall be guilty of violation and upon such conviction, subject
to a penalty of up to $500.00 for each violation of the moratorium.
Section 6. Severability: 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.
BOARD OF FIRE COMMISSIONERS
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December 3, 1997
The meeting was called to order by Commissioner Price at 9:35 PM in the Court Room.
Present were the following members of the Commission:
Commissioner: Elaine Price
Commissioner: Valerie M. O'Keeffe
Commissioner: Barry Weprin
Commissioner: Phyllis Wittner
1. Fire Claims:
Commissioner Wittner presented fire claims for authorization of payment, thereafter on
her motion, seconded by Commissioner O'Keeffe, 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. $ 54.50
AAA Emergency Supply Co., Inc. 10.00
Alb & Sons 132.00
AT& T Capital 99.81
Bell Atlantic 435.91
Cleaning Systems 98.00
Cleaning Systems 116.60
Firehouse Magazine 58.00
Poland Spring 129.24
MetroCom North 716.00
Quest Diagnostics 173.08
Quest Diagnostics 86.54
Town of Mamaroneck Professional Firefighters 220.08
Westchester Elevator 170.00
There being no further business, on motion of Councilman Weprin, seconded by
Councilwoman O'Keeffe, the meeting was closed.
AFFAIRS OF THE TOWN
1. Authorization - Easement Agreement - Laurel Manor Subdivision
The Administrator said that he.had attached a proposed easement agreement in
connection with the Laurel Manor Subdivision to the board packets. The agreement
provides an easement for storm drain lines and sanitary sewer lines that will eventually be
maintained by the Town upon acceptance of the public improvements. He said the Town
Attorney had reviewed the agreement and approves of its form. Authorization should be
granted to the Town Supervisor to execute the easement agreement.
Councilwoman Wittner questioned the procedures for the filing of paperwork pertaining to
easements adding that it would make it much easier to locate documents if the filings
could be centralized.
Thereafter, on.the motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it
was unanimously,
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December 3, 1997
RESOLVED, that the Town Board does hereby authorize the
Easement Agreement for the Laurel Manor Subdivision; and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized to
execute said contract on behalf of the Town.
2. Authorization - Multiple Enforcement Reimbursement Agreement-Westchester
County
The County has notified us that the State of New York has reinstated funding for the
Multiple Enforcement Program. The Administrator explained that funding is provided to
municipal governments for the enforcement of speeding, school bus safety/motorists
passing school buses, bicycle helmet safety, and the child safety seat law. There is a
total of$2,800 provided to the Town for officers assigned to enforce these laws, and the
Town in the past year had received $2,300. He then requested authorization.
On motion of Councilman Weprin, seconded by Councilwoman Wittner, it was
unanimously,
RESOLVED, that the Town Board does hereby authorize the
Multiple Enforcement Reimbursement Agreement between the
Town and Westchester; and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby authorized to
execute said contract on behalf of the Town.
3. Authorization -Westchester Joint Water Works Project A-1048 - Caustic Soda
Station
This project relates to the construction of a Caustic Soda Treatment,Facility which will
treat water from the Rye Lake Pump Station. It was a recommended capital improvement
for 1997. The project will enable the Westchester Joint Water Works to comply with the
federal lead and copper rule.
The Westchester Joint Water works is requesting a resolution to authorize it to proceed
with the project.
A motion of Councilman Weprin, seconded by Councilwoman Wittner the following
resolution was unanimously adopted.
WHEREAS, this project is designed to enable the Water Works to comply with the federal
Lead and Copper Rule. The station, to be located adjacent to the Purchase Tanks, will
treat the water from the Rye Lake Pump Station by adding caustic soda to raise the pH of
the water.
WHEREAS, the facility will have the capability of treating average daily flows of 8.0 mgd
up to maximum hourly flows of 20 mgd.
WHEREAS. the Caustic Soda Treatment Facility and the Upper High Service Booster
Station will be constructed under the same.general and electrical contracts. Both facilities
will be housed in the same building. The cost of the overall project has been allocated to
the two portions of the work on the basis of-a detailed engineering analysis of the cost
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December 3, 1997
components, and the cost estimate set forth herein-refers only to the portion of the cost
attributable to the Caustic Soda Treatment Facility.
NOW THEREFORE, BE IT
RESOLVED, that the Town Board does hereby approve the apportionment of said costs in
the amount of$97,300 for the Town of Mamaroneck.
Ayes: Weprin, O'Keeffe,
Wittner, Price
Nays: None
Absent: Ryan
4. Authorization - Small Claims Assessment Services
Mr. Altieri said there has been a rise in the number of property tax appeals over the last
year, and as we enter 1998 we expect that the numbers will continue to rise, and therefore
we have evaluated the need for assistance in this area. The need for assistance is based
upon the caseload of tax appeals and the needs of the Assessor's office for the more
routine tasks of assessment administration for the Town and the Village of Larchmont. In
addition the Assessor will be implementing the STAR Program in 1998 which will take a
great deal of the office's time. He said we are proposing to retain Mr. Brian Kenny to
defend the Town in the small claims proceedings. His fee for this work will be $50 per
petition, based upon last years numbers this amounts to a total cost of about$12,000.
Authorization is requested to execute an agreement with Brian Kenney to provide small
claims assessment services to the Town.
On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board does hereby authorize the
Agreement with Mr. Brian Kenny to defend the Town in the small
claims proceedings for a fee of$50 per petition; and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby authorized to
execute said contract on behalf of the Town.
5. Salary Authorizations - Recreation
- Part Time Clerk -Supervisor/Administrator's Office
Recreation
On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was,
RESOLVED, that as provided for in the 1997 Town Budget,
authority is hereby granted for the payment of salary to the
following:
Christine Archer, Alternate Swim Instructor, $121hour, effective 1217197.
Alex Kaminsky, Assistant Instructor, Youth Hockey, $5.50/hour, effective retroactive to
11/12/97.
Hal Krenkel, Assistant Instructor, Youth Hockey, $5.50 1hour, effective retroactive to
1118197.
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December 3, 1997
Joseph Shanley, Assistant Instructor, Youth Hockey, $5.50 1hour, effective retroactive to
1118/97.
Brendan Collins, Alternate E.M.T., Hommocks Park Ice Rink, $8/hour, effective 11125/97.
Kathryn Krasinski, Alternate Skate Room Attendant, Hommocks Park Ice Rink, $5 1hour,
effective retroactive to 11/21197.
Rebecca Lawer, Alternate Swim Instructor, Hommocks Pool, $16.50/hour, effective
1217/97.
Wilma Birmingham, Alternate Swim Instructor, Hommocks Pool, $16.50 1hour, effective
12/7/97.
Heather Waters, Alternate-Swim Instructor, Hommocks Pool, $16.50/hour, effective
12/7/97.
Lizandro Zuniga, Lifeguard, Early Morning Swim, Hommocks Pool, $20/session, effective
12/2/97.
Ruth Somoza, Alternate Life Guard, Hommocks Pool, $7.75 1hour, effective 12/1197.
Part-time Receptionist/Clerk in Supervisor/Administrator's Office.
RESOLVED, that as provided for in the 1997 Town Budget,
authority is hereby granted for the payment of salary to Jessica
DeRosa as a receptionist/clerk at an hourly rate of$10 per hour.
PROCLAMATION
ARBOR DAY- TREE CITY USA AWARD
PROCLAMATION
Arbor Day- Tree City USA Award
WHEREAS, 1997 marks the sixth year the Town of Mamaroneck has been recognized as a
Tree City U.S.A. by the National Arbor Day Foundation; and
WHEREAS, The Tree City U.S.A. award indicates that the Town of Mamaroneck takes its
tree-care responsibilities seriously with an effective community forestry program; and
WHEREAS trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce oxygen and
provide habitat for wildlife; and
WHEREAS, trees in our Town increase property values, enhance the economic vitality of
business area, and beautify our community.
NOW THEREFORE BE IT
RESOLVED, that I, Elaine Price, Supervisor, and members of the Town Council do
hereby proclaim the month of December as Arbor Day in the Town of Mamaroneck and
urge all citizens to participate in programs and activities designed to furthering the
establishment of trees in our community.
IN WITNESS WHEREOF, I have hereto set my hand and caused the seal of the Town of
Mamaroneck to be affixed this 3rd day of December 1997.
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December 3, 1997
ORAL COMMUNICATION
Ernie Odierna of the Larchmont Gardens Civic Association questioned why there hadn't
been a leaf pickup in three weeks. Councilwoman Wittner informed him that there had
been pickups today. He also complained about holiday garbage schedules, the lack of
enforcement agents on weekends, and that the light in front of Carl's restaurant is still
out.
ADJOURNMENT
On motion of Councilman Weprin, seconded by Councilwoman Wittner, the meeting was
adjourned at 10:05 PM.
Patricia A. DiCioccio, Town Clerk
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