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HomeMy WebLinkAbout1998_03_18 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, March 18,1998, Town Center Court Room, 8:15 PM. THE TOWN BOARD WILL CONVENE AT 7:00 PM into an Executive Session to discuss litigation and contracts. CONVENE REGULAR MEETING RECESS EXECUTIVE SESSION CONVENE EXECUTIVE SESSION RECONVENE REGULAR MEETING 8:15 PM - PROCLAMATION - OUTGOING FIRE CHIEF FRANK CIOFFI PUBLIC HEARING -Amendment to Town Sewer Act BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Authorization - Grant Contract Fire Fighting Equipment 3. Other Fire Department Business AFFAIRS OF THE TOWN 1. Appointments - Revaluation Committee 2. Authorization -Agreement to establish Tri-Municipal Human Rights Commission 3. Authorization - Installation of Antenna -Winged Foot Water Tank 4. Authorization - Establish Capital Project#98-04 - Boston Post Road Improvements 5. Authorization - Survey Contract for Boston Post Road 6. Set Public Hearing - Bond Resolution -Westchester Joint Water Works Rye Lake Project 7. Resolution - Reschedule April 15, 1998 Town Board Meeting 8. Collection of Town and County Taxes 9. Salary Authorizations - Recreation - Highway Department 10. Settlement of Certiorari ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF COUNCIL Next regularly scheduled meetings -April 1, 1998 -April 15, 1998 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. MARCH 18, 1998 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON MARCH 18, 1998 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 Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney ABSENT: Councilman Paul A. Ryan CONVENE WORK SESSION The Board convened into a Work Session at 7:00 PM in Conference Room A of the Town Center to discuss litigation and contracts. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor Price at 8:20 PM, who then pointed out the location of exits. The Supervisor introduced former Fire Chief Frank Cioffi and requested he come forward. Frank then introduced his wife, son and daughter. The Supervisor said that the Town was very fortunate to have a very special group of volunteers in the Town, and that Frank ,was an integral part of that group, belonging to both the Ambulance Corp. and the Fire` Department. In addition, he had just completed a term as the Fire Chief. She said that Frank had carried on a fine tradition of volunteerism, bringing his unique negotiating skills as well as helping to mediate, establishing an atmosphere of high morale in that department. The Supervisor expressed her gratitude for his time, style and leadership abilities and then read the following proclamation: PROCLAMATION FRANK J. CIOFFI WHEREAS, For 20 years, Frank Cioffi, has unselfishly devoted his time, energy and efforts in the betterment of our community, its citizens and its environment; and WHEREAS, Because of his loyalty, dedication and his leadership qualities, Frank has served the Town of Mamaroneck Fire District first as a volunteer firefighter, then as Deputy Chief and finally as Fire Chief. Throughout his volunteer service and particularly as Fire Chief, Frank has consistently motivated our firefighters with his professionalism and effective problem solving; and MARCH 18, 1998 WHEREAS, In his present position of Sergeant of Arms, Frank continues to contribute to the morale and integrity of our Fire Department. NOW THEREFORE, BE IT RESOLVED that I Elaine Price, Supervisor, and the members of the Town Council of the Town of Mamaroneck could not be more proud or appreciative of his talents, energy, devotion and service to the Town of Mamaroneck. ITEM NOT ON AGENDA CONCRETE SOUND BARRIERS - NORTH BROOK ROAD AND HARMON DRIVE Gene McQuire, 19 North Brook Road, asked if he could be updated on the status of the barriers on Harmon and North Brook. The Supervisor replied that the sound engineer had spent time in the area taking measurements. That a meeting had been held by the engineer, herself and a few others, with Chris Wade from the State Highway Authority, and for the first time they understood about the need for concrete in that area. She said that Congresswoman Nita Lowey, Steve Otis, from Senator Suzi Oppenheimer's office, and County Legislator George Latimer had been contacted and that an attempt had been made to reach Assemblyman Ron Tocci. She said that most of the 2.5 million dollars had been earmarked for Rockland County, but not all of it, and our state representatives will have to help. She said that a letter would be going out to the residents in that area updating them on the status, but that it was imperative that residents on North Brook sign off on the concrete barriers. She said that Mr. Wade had agreed that the concrete would work better than the wood. It was her intent to make findings and pass a resolution in support of the concrete barriers, which would be sent up to Albany to our state representatives. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the following resolution was unanimously adopted: WHEREAS, the New York State Thruway Authority conducted a field visit to Harmon Drive and North Brook Road on March 11, 1998 to assess the need for concrete sound barriers. WHEREAS, the representative from the NYS Thruway Authority stated that the concrete barriers along Harmon Drive would be a good idea since they would be placed close to the 1-95 pavement thereby protecting and saving the trees along Harmon Drive. Also since the concrete barriers would be down along 1-95, the barriers would not be as close to the homes allowing more sunlight in their immediate environment. WHEREAS, concrete sound barriers for North Brook Road have always been essential for North Brook Road residents. WHEREAS, all the sound studies commissioned by the Town and the NYS Thruway Authority demonstrate the intolerable and continuous noise levels on North Brook Road and Harmon Drive; also where concrete barriers are in place along this stretch, noise levels show a 20 decibel reduction. WHEREAS, the residents have been fighting for sound barriers in this area for well over a decade, NOW THEREFORE, BE IT 2 RESOLVED, that the Town Board of the Town of Mamaroneck , MARCH 18, 1998 hereby urges the NYS Thruway Authority to appropriate funding for the construction of Concrete sound barriers along North Brook Road and Harmon Drive in the Town of Mamaroneck. PUBLIC HEARING -AMENDMENT TO TOWN SEWER ACT r The following notice of Public Hearing was officially placed into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, March 18, 1998 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled Amendment to Town of Mamaroneck Sewer Act. The purpose of the Local Law is to prohibit the discharge of materials and substances and waste as specified in Section 173. 1 0 into storm sewers or storm drains. On motion by Councilwoman Wittner, seconded by Councilman Weprin the public hearing was unanimously declared opened. Supervisor Price said that this would correct and underline provisions preventing the disposal of waste materials into the sewer system. She then-asked if there were any comments in favor of or against the amendment. Robert Wassman, 15 Campbell Lane, asked if this item related to storm sewers, explaining that in his area there are no storm sewer connections and as a result of new regulations regarding disallowing pumping water onto Rockingstone, residents in his area are pumping to their rear yards and his basement is flooding. Supervisor Price said that she would set up a meeting with him to look into the problem. .There are answers to it; that work had been done on Bonnie Way recently alleviating a similar problem, but it was unrelated to this item. Councilwoman Wittner said that this amendment would prohibit oil being discharged into the storm drains, which had prompted this amendment. She noted that all gas_ stations are required bylaw to accept used oil. Thereafter, on motion by Councilwoman Wittner, seconded by Councilman Weprin, the hearing was closed and the following local law was unanimously adopted: LOCAL LAW NO. 5 - 1998 This Local Law shall be known as "Amendment to Section 173-10 of the Town of Mamaroneck Environmental Facilities Sewer Act." Section 1. Purpose The purpose of this amendment is to prohibit the discharge of materials, substances and waste as specified in Section 173.1 0 into storm sewers or storm drains. Section 2. Amendment Section 173.10 Prohibited materials, substances and wastes shall be amended to read as follows: ToExcept as hereinafter provided, no person shall discharge or cause to be discharged into any town sanitary sewer system or public sewer tributary thereto, storm sewer or storm drain or any private sewer connecting with a public sewer any of the following materials, substances or wastes: A. Any liquids, solids or gases which by reason of their nature or quantity 3 MARCH 18, 1998 are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion injurious in any other.way to the town sanitary sewer system, storm sewers or storm drain. At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent(5%) nor any single reading over ten percent(10%) of the lower explosive limit(LEL) of the meter. Prohibited materials include but are not limited to gasoline, diesel, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, diesel, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides and any other substances which the town, county or the state or the EPA has notified the user is a fire hazard or a hazard to the system. B. Solid or viscous substances which may cause obstruction to the flow in a sewer, storm sewer or storm drain, or other interference with the operation of the town sanitary sewer system, such as but not limited to: grease, garbage with particles greater than one-half(112) inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper. wood plastics, gas, tar asphalt, residues, residues from refining or processing of fuel or lubrication oil, mud or glass grinding, polishing wastes, ethelenyene glucol or petroleum products. C. Any wastewater or waste material having a pH lower than five point five (5.5) or having a pH higher than nine point five (9.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment of the sewer system, storm sewer or storm drain or personnel employed in its operation. D. Any wastewater containing toxic pollutants or prohibited substances or wastes, as defined herein, in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to human or animals, create a toxic effect in the receiving waters of the town sanitary sewer system or exceed the limitation set forth in a categorical pretreatment standard. E. Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers, storm sewer or storm drain for maintenance and repair. Section 3. Severability Should any provision of this Local Law be declared illegal or unconstitutional by a court of competent jurisdiction, to the extent that the other provisions of this Local Law can be implemented without such illegal or unconstitutional provision, such other provisions shall remain in effect. Section 4. Effective Date This Local Law shall take effect immediately. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price in the Court Room. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Valerie M. O'Keeffe 4 MARCH 18, 1998 Commissioner: Barry Weprin Commissioner: Phyllis Wittner Absent: Commissioner: Paul Ryan 1. Fire Claims: Commissioner Weprin presented fire claims for authorization of payment. Thereafter on Commissioner Weprin's motion, seconded by Commissioner Wittner, 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: AAA Emergency Supply Co., Inc. $ 909.50 AT &T Capital 99.81 AT &T Capital 99.76 AT &T Wireless 117.82 Carquest of Larchmont 46.10 Carquest of Larchmont 49.23 Chief Fire Prevention 100.00 Clinton Kearney Door Co. 75.00 Community Fire Equipment 52.64 Con Edison 868.83 Excelsior Garage & Machine Works, Inc. 1561.82 Gall's Inc. 223.62 Gall's Inc. 412.06 Hewlett Packard Co. 294.00 Lab Safety Supply Inc. 256.43 Lucent Technologies 45.85 New York Barbell 444.60 O.S.P Fire Protection 150.00 R.G. Brewer 83.25 Penwell Publishing 53.10 Poland Spring Water Co. 90.68 Rickert Lock& Safe Co. 17.35 Rickert Lock & Safe Co. 566.60 Rickert Lock & Safe Co. 560.00 Staples 113.82 State Line Fire & Safety, Inc. 4170.00 Town of Mamaroneck Fire Department Icahn 458.00 Town of Mamaroneck Professional Fire Fighters Assoc. 330.08 Westchester Elevator 170.00 $12,419.95 2. Authorization - Grant Contract Fire Fighting Equipment The Administrator said that the Fire Department had been awarded a member item grant which had been arranged through Assemblyman Tocci's Office. The amount of the grant is $4,500 and will be used for the purchase of three sets of turnout gear and a reel for electric cord used at a fire scene. Authorization is requested to execute the grant contract subject to review and comment by the Town Attorney. On motion of Commissioner Weprin, seconded by Commissioner O'Keeffe, it was unanimously, RESOLVED, that the Board of Fire Commissioners 'does hereby authorize the execution of the grant by the Town Administrator which will provide funds for the purchase of turnout gear and reel for electric cord totalling $4,500. 5 MARCH 18, 1998 3. Other Fire Department Business Classification and Nature of Fire Calls The Supervisor read the following communication: I happened to see the portion of the most recent Town Board meeting on LMC-TV where you read the fire report for February, 1998. After your report, Councilman Weprin inquired as to what the nature of the calls were and what a "still"alarm was. At the request of Chief Acocella, I am enclosing an April, 1996 departmental directive which outlines the classifications for a "general"or "minor"alarm and what our apparatus response is to each. A "still"alarm is a "minor" alarm which, in the discretion of a Chief, does not warrant being paged out as such (e.g., "wires down"where there happens to be enough firefighters in quarters to provide a full crew on the responding engine). In addition, we will begin to provide you with a breakdown of the calls on the fire reports (e.g., 12 general alarms of which 1 was a working structure fire, 8 were caused by workmen or smoke from food on the stove and 3 were malfunctions). This addendum to the fire report will attempt to highlight calls that were serious in nature or raised issues of importance to the Department and our community. Please call me if you have any questions. Sincerely Lt. David G. Commender Public Information Officer Supervisor Price thanked him for his prompt reply and for the information. There being no further business to come before the Commission, on motion of Commissioner O'Keeffe, seconded by Commissioner Weprin, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Appointments - Revaluation Committee The Supervisor offered the names of: Robert Katz as a member of the Reevaluation Committee, adding that he is an attorney specializing in property tax valuation issues; Kerry Sperling Moelis, also an attorney, who is also Communication Coordinator for the Mamaroneck Parent-Teacher Association; James Fleming, an Architect, who has served on many committees in the Town, one of which was the Board of Architectural Review. 6 MARCH 18, 1998 She said that the first meeting of this committee was held last Monday, and had went well. The next meeting was scheduled for April 6 at 7:30 PM. 2. Authorization -Agreement to establish Tri-Municipal Human Rights Commission Councilwoman Wittner said that it was very satisfying to make the motion to authorize the Supervisor to execute and institute this intermunicipal agreement, which had first been proposed in 1994, then was uncovered and restarted by former Councilman Lee Bloom. The IMP had already been signed by Mayors Lanza and Lewey. Her motion was then seconded by Councilwoman O'Keeffe, and the following was unanimously adopted: RESOLVED, that the Town Board does hereby authorize the Agreement between the Town of Mamaroneck, the Villages of Larchmont and Mamaroneck to establish a Tri-Municipal Human Rights Commission as follows: THIS AGREEMENT made this 18th day of March 1998 by and between the Town of Mamaroneck, a municipal corporation with offices at 740 West Boston Post Mamaroneck, New York, the VILLAGE OF LARCHMONT, a municipal corporation with offices at 120 Larchmont Avenue, Larchmont, New York, and the VILLAGE OF MAMARONECK, a municipal corporation with offices at 169 Mt. Pleasant Avenue, Mamaroneck, New York. WHEREAS, each of the municipalities presently has a Human Rights Commission as provided in Article 12-D of the General Municipal Law; and WHEREAS, the municipalities wish to establish a joint Town-Village Commission on Human Rights; and WHEREAS, by opinion dated August 29, 1994, the Comptroller of the State of New York opined that the Town and Villages could establish such a joint Town-Village Commission by inter-municipal agreement; it is AGREED, in consideration of the mutual covenants contained herein as follows: 1 . That a joint Human Rights Commission to be known as the Mamaroneck- Larchmont Human Rights Commission is hereby established for the Village of Larchmont, Town of Mamaroneck and the Village of Mamaroneck including Rye Neck. 2. That the Commission shall consist of nine (9) members with three (3) members appointed by each of the municipalities. The Chair of the Commission shall serve a one (1) year term as Chair and shall be selected on a rotating basis by each of the municipalities commencing in the first year with the Town, in the second year with the Village of Larchmont, and in the third year with the Village of Mamaroneck. The members of the Commission shall each serve a three (3) year term; however, the first Commission shall be made up of three (3) members sitting for three (3) years, three (3) members sitting for two (2) years, and three (3) members sitting for one (1) year, with each municipality selecting one (1) member for each term category. 3. The municipalities have jointly agreed that the budget for the Commission shall be appropriated in the Town of Mamaroneck General Town Fund. Each October, the Commission shall be required to submit a budget request to the Town of Mamaroneck identifying all expenses necessary for the following year. The responsibility for maintaining and accounting for the funds of the Commission shall be placed with the Comptroller of the Town of Mamaroneck. The Village of Larchmont and Village of Mamaroneck will be provided with an opportunity to review and approve said budget request annually before it is finally adopted by the Town of Mamaroneck. 7 MARCH 18, 1998 4. The Commission shall have all powers, duties and obligations as conferred in Article 12-D of the General Municipal Law. 5 . This constitutes the entire agreement among the parties which may only be modified in writing executed by the Chief Executive Officer of each municipality. And, BE IT FURTHER, RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the Agreement. 3. Authorization - Installation of Antenna Winged Foot Water Tower Mr. Altieri said that about a year ago the Westchester County Office of Fire Control contacted the Westchester Joint Water Works regarding the installation of an antenna on the water tank at Winged Foot Golf Club. The antenna will improve the transmissions of 'county fire control in this area. Departments dispatched through this antenna would include communities in this general area including the Town. He said a potential problem in completing this agreement was the possible interference of the fire control antenna with other antennas on the tank. Currently, the transmission antennas for the Police Departments of the Town and Village of Mamaroneck, and Village of Larchmont operate off this tank. Additionally, the Water Works antenna for their future SCADA system will operate off the tank. The County has finally agreed to language that will require the removal of the fire control antenna if, in the determination of the Town, the Villages or the Joint Water Works finds there is interference. He noted that the signatories to the agreement will be the County and the Westchester Joint Water Works; however the Town and the two Villages must provide their consent. Since the County has agreed to our requirement for removal of the antenna, the recommendation is to grant our consent to the agreement. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby consent to the installation of a fire dispatching antennae by the Westchester Office of Fire Control on the Water Tower located at Winged Foot in accordance with the terms and conditions of the Agreement between Westchester County and the Westchester Joint Water Works; and BE IT FURTHER, RESOLVED, be if further resolved the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. 4. Authorization - Establish Capital Project#98-04 - Boston Post Road Improvements The Administrator reminded the Board that our capital improvement plan for 1998 includes improvements to the Boston Post Road, replacement of sections of the sidewalks and the installation of new lighting will be the largest of the improvements. In addition, we will install new directional signs at the intersection of Boston Post Road and Hommocks Road. The estimated cost of the project is $375,000. Community Development Block Grant Funds will provide $150,000 towards the project. We have raised the original cost estimate by $45,000 to account for additional surveying cost, 8 MARCH 18, 1998 bonding expenses, and contingencies. Authorization is requested to establish capital project#98-04. Robert Wassman commented that the Board of Architectural Review should be included in the design elements of the Boston Post Road improvements. The Supervisor replied that the BAR would definitely be consulted. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby authorize the establishment of Capital Project 98-04 - Improvements to Boston Post Road at an estimated cost of$375,000, of which $150,000 shall be provided through Community Development Block Grant Funds and the remainder through bonds. 5. Authorization -Surveying Contract for Boston Post Road The Administrator explained to save expenses for the Boston Post Road project, the County of Westchester has agreed to conduct the design of the work and to prepare the bid specifications. A current survey is required to commence design of the project from Boston Post Road between the Village of Mamaroneck line and Alden Road. He explained he had previously recommended awarding the surveying contract to Aristotle Bournazos. At the time the memo was composed (5 days ago)we had only received two proposals for the survey work and Bournazos was the lowest bidder. We have since received another timely proposal from Ward Carpenter Engineers of White Plains, to complete the survey work for a total cost of$11,840. Although the proposal does provide a time for completion, Ward Carpenter has confirmed that the project can be completed in six weeks. This time limit is consistent with the other proposals received. Therefore he was amending his original recommendation; the contract should be awarded to Ward Carpenter Engineers. The following proposals were submitted: Aristotle Bourazos of New Rochelle -$13,800 Roland Link of Mahopac -$29,000 Ward Carpenter Engineers of White Plains -$11,840 RESOLVED, that the Town Board does hereby authorize the Contract for surveying on the Boston Post Road between the Village of Mamaroneck boundary line to Alden Road to Ward Carpenter, White Plains, NY, who submitted the lowest proposal in the amount of$11,840. 6. Set Public Hearing - Bond Resolution -Westchester Joint Water Works Rye Lake Project The Administrator said that since the original paperwork from the Bonding Attorneys had been incorrect it would be necessary to once again vote on setting the date for the public hearing for this project. Councilwoman O'Keeffe asked if this was the bond for the land purchase. The Supervisor replied that it was not, this was for the Rye Lake Project and the land project had been put off indefinitely. 9 MARCH 18, 1998 Then, on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the following was unanimously adopted: In the Matter of ORDER CALLING the Increase and Improvement PUBLIC HEARING of the Facilities of Water District No. I of the Town of Mamaroneck, Westchester County New York WHEREAS, pursuant to proceedings heretofore had and taken by the Town Board of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of Section 202-b of the Town Law, it has been determined to be in the public interest to provide for a certain increase and improvement of the facilities of Water District No. I of the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of$615,000; and WHEREAS, such increase and improvement of facilities includes the replacement of water tanks at various water district locations, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of$615,000; and WHEREAS, in order to complete the aforesaid improvements, it will be necessary to expend the sum of$765,000, an increase of$150,000 over that previously authorized; 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 regulations state that Type II Actions will not have a significant effect on the environment; and WHEREAS, it is now desired to call a public hearing on the question of authorizing such increase and improvement of facilities at a new maximum estimated cost of$765,000; NOW THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section I. A public hearing will be held at the Town Center, in the Town of Mamaroneck, New York, in said Town, on the 18th day of March 1, 1998, at 8:15 o'clock P.M., Prevailing Time, on the question of increasing and improving the facilities of Water District No. I in the manner described in the preambles hereof, and to hear all 10 I MARCH 18, 1998 persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the DAILY TIMES the official newspaper designated for this purpose, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the following form: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet at the Town Center, in the Town of Mamaroneck, New York, in said Town, on the 1st day of April 1, 1998, at 9:15 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing for the specific object or purpose of paying the cost of the increase and improvement of the facilities of Water District No. I in the Town of Mamaroneck, Westchester County, New York, within said Town, consisting of the replacement of water tanks at various water district locations, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith. The maximum estimated cost of the aforesaid increase and improvement of the facilities of Water District No. 1 in the Town is $765,000, an increase of $150,000 over that previously authorized. The project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type 11 Actions will not have a significant effect on the environment. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York March 20, 1998 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Section 4. This Order shall take effect immediately The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Councilwoman Winner VOTING AYE 11 Councilman Weprin VOTING AYE MARCH 18, 1998 Councilwoman O'Keeffe VOTING AYE Supervisor Price VOTING AYE Councilman Ryan ABSENT The order was thereupon declared duly adopted. 7. Resolution - Reschedule April 15, 1998 Town Board Meeting On motion of Councilwoman Wittner, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby change the date for the regular meeting of April 15, 1998 to April 22, 1998. 8. Collection of Town and County Taxes The Administrator said that this was the pro forma authorization for the Tax Receiver to collect County taxes. On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the collection of taxes for the County of Westchester as follows: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 18, 1998, by authority of Chapter 313 of Laws of 1934, to receive and collect from the several persons named in the Assessment Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, for the neglect to pay the State, County Town and Town District Taxes charges for services and exemptions removed after the levy thereof as follows: Judicial and County Taxes - $23,364,729.00 Town and Town District Taxes - 12,340,815.00 Charges for Services - 1,530.75 Exemptions removed - 1,127.24 Water arrears 515.58 $35,708,717.57 And you are hereby directed to deposit to the credit of the Town of Mamaroneck in the Bank of New York, County Trust Region, all of such monies so collected by you by virtue of this warrant. 12 MARCH 18, 1998 And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck, as required by the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck, Westchester County, New York, on the 18th day of March 1998. Elaine Price, SUPERVISOR 9. Salary Authorizations - Recreation - Highway Department On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously RESOLVED, that as provided for in the 1998 Town Budget, authority is hereby given by the Town Board for the payment of salary to: Elinor Graham, Alternate Swim Instructor, $12/hour, effective 3/15/98. Highway Department Authorization is requested to hire Jerry Spinosa as a mechanic in the Highway Department at an annual salary of$37,800 effective March 30, 1998. Jerry will replace Tom Kraus who recently retired. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the payment of salary to Jerry Spinosa, in the amount of$37,800 per year for his services as a mechanic in the Highway Department effective March 30, 1998. ADDED ITEM - Not on Agenda -Certiorari 13 MARCH 18, 1998 10. Settlement of Certiorari The Town Attorney had furnished the Board with a memo regarding settlement of certiorari. On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, the certiorari settlement as outlined and recommended by the Town Attorney was unanimously approved: Block 916, Lot 161 Village of Mamaroneck This commercial property sold in 1994 for$475,000 using the Equalization Rate for that year the assessment should be approximately $19,000. The settlement negotiated is as follows: Year Assessment Reduced Amt. of Reduction 1996 40,000 30,000 10,000 25% 1997 40,000 30,000 10,000 25% 1998 40,000 28,000 12,000 30% The amount of money to refund is approximately $6,000 and the loss of taxes in the Village of Mamaroneck is approximately $3,000 per year; the Town loss is about$150. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the certiorari settlement as outlined and recommended by the Town Attorney was unanimously approved: Amerchol Mfg. Inc. Block 826, Lot 61 This is a commercial property which recently sold for$650,000.00. The new owner requested a reduction based on the sale price which indicates an assessment of $27,755.00 for 1998. The assessor agreed to lower the 1998 assessment to $58,000.00 from $118,700 and settled the 1997 certiorari matter for the same $58,000.00. Year Assessment Reduced Amt. of Reduction 1997 118,700 58,000 60,700 51% The loss to the Village of Mamaroneck will be approximately $9,000. Town loses about$900. The certiorari for Block 701, lot 1 was held over. SUPERVISOR REPORTS The Supervisor congratulated all the newly and reelected officials in the villages. She reported that the sign board for the Kiosk at the station had come in and said that the next meeting of the Board would be held on April 1. ADJOURNMENT On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin the meeting was adjourned at 9:40 PM. 14 MARCH 18, 1998 The Town Attorney had furnished the Board with a memo regarding settlement of certiorari. On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, the certiorari settlement as outlined and recommended by the Town Attorney was unanimously approved: Block 916, Lot 161 Village of Mamaroneck This commercial property sold in 1994 for$475,000 using the Equalization Rate for that year the assessment should be approximately $19,000. The settlement negotiated is as follows: Year Assessment Reduced Amt. of Reduction 1996 40,000 30,000 10,000 25% 1997 40,000 30,000 10,000 25% 1998 40,000 28,000 12,000 30% The amount of money to refund is approximately $6,000 and the loss of taxes in the Village of Mamaroneck is approximately $3,000 per year; the Town loss is about$150. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the certiorari settlement as outlined and recommended by the Town Attorney was unanimously approved: i Amerchol Mfg. Inc. Block 826, Lot 61 This is a commercial property which recently sold for$650,000.00. The new owner requested a reduction based on the sale price which indicates an assessment of $27,755.00 for 1998. The assessor agreed to lower the 1998 assessment to $58,000.00 from $118,700 and settled the 1997 certiorari matter for the same $58,000.00. Year Assessment Reduced Amt. of Reduction 1997 118,700 58,000 60,700 51% The loss to the Village of Mamaroneck will be approximately $9,000. Town loses about$900. The certiorari for Block 701, lot 1 was held over. SUPERVISOR REPORTS The Supervisor congratulated all the newly and reelected officials in the villages. She reported that the sign board for the Kiosk at the station had come in and said that the next meeting of the Board would be held on April 1, ADJOURNMENT On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin the meeting was adjourned at 9:40 PM. Patricia A. DiCioccio, Town Clerk C:1MS OFFICEIWI N WORDIM i n198M I NF13-18x.doc 14