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HomeMy WebLinkAbout1999_08_18 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, August 18, 1999 - Town Center Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 7:30 into a Work Session to discuss contract review. CONVENE REGULAR MEETING RECESS INTO WORK SESSION RECESS WORK SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Appointments - Coastal Zone Management Commission and Planning Board 2. Adoption of 2000 Town Budget Calendar 3. Letter of Mr. Robert Herbst re Air Conditioner Units 4. Set Public Hearing -Amendment to Senior Citizen Tax Exemption Law - Public Housing Agency Five Year Plan 5. Authorization - Retainer Agreement Legal Services 6. Authorization -WJWW Engineering and Design Agreement -Water Filtration Plant 7. Authorization - Contract for Alterations - Hommocks Ice Rink Ticket Booth 8. Report of Bids - Contract TA99-4 - Telephone/Radio Recording Device 9. Authorization - CLASS Municipal Cooperation Investment Agreement 10. Authorization -Agreement for Use of Harrison Town Pistol Range 11. Authorization - School Tax Warrant 12. Resolution - Installation of Monitoring Wells -Westchester County Airport 13. Authorization -Waiver of Fee -VFW Sign Application 14. Approval of Certioraris 15. Salary Authorization — Recreation 16. Authorization —Tree Removal — Byron Place APPROVAL OF MINUTES —June 2, 1999 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings - September 8, 1999 - September 22, 1999 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON AUGUST 18, 1999 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Winner Councilwoman Judith A. Myers ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney CONVENE EXECUTIVE SESSION The Board convened into a Work Session at 7:30 PM in Conference Room A of the Town Center to discuss contract review. On motion duly made and seconded the Board adjourned to the Court Room. CALL TO ORDER 'The regular meeting of the Town Board was called to order by Supervisor Ryan at 8:40 PM, who then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Ryan at 8:40 PM. Present were the following members of the Commission: Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Wittner Commissioner: Judith A. Myers 1. Fire Claims: Commissioner Wittner presented fire claims for authorization of payment, thereafter on Commissioner Winner's motion, seconded by Commissioner Myers, 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. 60.00 AAA Emergency Supply Co. Inc. 210.00 August 18, 1999 AAA Emergency Supply Co., Inc. 1035.00 American Gun & Uniform Supply, LTD 360.71 American Gun & Uniform Supply, LTD. 124.92 American Gun & Uniform Supply, LTD. 163.86 American Management Association 159.00 Atlantic-Westchester, Inc. 2705.95 AT &T 2.90 AT &T Wireless 109.72 AT &T Wireless 211.12 Bell Atlantic 486.62 Bigger Faster Stronger 557.90 Brewer Inc. 238.51 Byram Mason Supply 319.20 Car Quest 33.78 Chief Fire Prevention 90.74 Chief Fire Prevention 80.06 Cleaning Systems 27.50 Cleaning Systems 145.04 Community Fire Equipment, Inc. 53.00 Con Edison 4.00 Connecticut Radio, Inc. 1115.00 Coyne Textile Service 66.79 Coyne Textile Service 196.92 Coyne Textile Service 65.54 Excelsior Garage & Machine Works, Inc. 40.00 Excelsior Garage & Machine 829.62 Excelsior Garage & Machine 1839.11 Fire End & Croker Corporation 42.00 Fire End & Croker Corporation 12.80 Gall's, Inc. 224.94 Gall's, Inc. 157.84 Hill Donnelly Corp. 160.47 Hills Sign 98.50 Lawrence Heat & Power 127.47 Lucent Tec. 50.15 Metro Truck Tire Service 159.00 New Court Financial 99.81 Nick Condro 230.00 Poland Spring Water 72.12 Nu-Way HVAC 263.00 Nu-Way HVAC 80.00 William Premuroso 74.95 Quest Diagnostics 184.98 Rita Smith 683.00 Sound Shore 150.00 The Tool Nut 659.03 The Tool Nut 225.09 Tony's Nurseries 83.80 Town of Mamaroneck Professional 220.08 Town of Mamaroneck Professional 220.08 Town of Mamaroneck Fire Dept. 614.21 W.A. Charnstrom 95.00 Westchester Elevator 170.00 Westchester Elevator 170.00 Westchester Joint Water Works 80.00 United Water New Rochelle 198.54 TOTAL $16,939.37 There being no further business to come before the Commission, on motion of Commissioner O'Keeffe, seconded by Commissioner Wittner, the Commission unanimously adjourned at 8:50 PM. 2 August 18, 1999 AFFAIRS OF THE TOWN 1. Appointments Supervisor Ryan said the following members of the Coastal Zone Management Commission and Planning Board terms are expiring: On the Coastal Zone Management Commission Madelaine Berg, Howard McMichael and C. Alan Mason are being reappointed for three year terms, and Madelaine Berg is also being proposed to serve as the Chair for one year On the Planning Board, which has a term of seven years, we are proposing the reappointment of Marilyn Reader, as Chair and C. Alan Mason as a member. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was unanimously, Coastal Zone Management Commission RESOLVED, that the Town Board does hereby reappoint Madelaine Berg as chair of Coastal Zone Management Commission, to serve a term of one year, effective immediately and terminating August 2000; and BE IT FURTHER, RESOLVED, that the Town Board does hereby reappoint Howard McMichael as a member of Coastal Zone Management Commission, to serve a term of office of three years, effective immediately and terminating August 2002; and BE IT FURTHER, RESOLVED, that the Town Board does hereby reappoint C. Alan Mason as a member of Coastal Zone Management Commission, to serve a term of office of three years, effective immediately and terminating August 2002; and Planning Board RESOLVED, that the Town Board does hereby reappoint C. Alan Mason as a member of the Planning Board, to serve a term of office of seven years, effective immediately and terminating July 2005; and BE IT FURTHER, RESOLVED, that the Town Board does hereby reappoint Marilyn Reader as chair of the Planning Board, to serve a term of office of seven years, effective immediately and terminating July 2005. 2. Adoption of 2000 Town Budget Calendar .The Administrator presented the proposed budget calendar for the preparation and adoption of the budget for the year 2000. He said all departments had received their worksheets and have started preparing estimates of costs for the coming year. It was noted that this calendar is flexible and subject to change. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was unanimously, 3 August 18, 1999 RESOLVED, that the Town Board of the Town of Mamaroneck does hereby adopt the following budget calendar for the preparation of the 2000 Town budget. BUDGET CALENDAR-2000 TOWN BUDGET* Thursday,August 5, 1999 Distribution of worksheets to departments Monday, September 20, 1999 Submission of worksheets to Town Administrator 8:15 PM Wednesday, October 20, 1999 Submission of Tentative Budget to Town Board 7:00 PM Thursday, October 28, 1999 Public Work Session -General Review of the Budget 8:00 AM Saturday, October 30, 1999 Public Work Session -Highway, Engineering Building Dept. 7:00 PM Thursday, November 11, 1999 Public Work Session -Recreation 7:00 PM Thursday, November 18, 1999 Public Work Session -Police, Fire Dept. 8:00 AM Saturday, November 20, 1999 Public Work Session -Capital Budget 7:00 PM Tuesday, November 23, 1999 Public Work Session -Capital Budget 8:15 PM Wednesday, December 1, 1999 Public Hearing -Preliminary Budget 8:15 PM Wednesday, December 15, 1999 Adoption of 2000 Town Budget 3. Letter of Mr. Robert Herbst - Re: Air Conditioner Units Judy Herbst said her husband Robert was called away on business so she was here to act in his stead. She then read the following into the record: I am here to address the Board in regard to central air conditioners and the issue of noise disturbance. I viewed the tape of the July meeting where Mr. Hamblet and Mr. Williams addressed the Board. As the injured party, I feel it is my duty to be here tonight to clarify any issues brought up at the last meeting and most importantly share my information and research with the Board as you now consider the issue of central air and noise. It is important to note how this situation came about. Having grown up in this community, I am a graduate of Mamaroneck High School, and having moved back here to start my own family, I understand the importance of respect for your neighbors, especially in the close plots we all live on along North Chatsworth Avenue. I've been in my house 7 years and in the Fall of 1997 2 Trane XE 1200 central air units were erected less than 3 feet from the property line impacting my entire side yard, which is the only yard I have. We met and discussed the issue with our neighbors and explained our concern about the noise disturbance. We even offered to help pay part of the cost to have them moved as there are 3 other sides of their house where the units could be erected. They refused to discuss the issue and told us to sue. Our recourse was to the Zoning Board, which you know, ultimately denied the variance and required the structures be moved because it was ruled that the detriment to us outweighed the benefits to the neighbors. As Mr. Wexler notes, people tend to put ACs in the least intrusive space to them. The term not in my back yard, seems to apply here. Noise. Noise is what drove us to seek a remedy.-Each AC unit is rated by the manufacturer at 78-87 decibels. Put into perspective, 85 Decibels in the workplace, as stated by the Occupational Health & Safety Administration, requires training, medical monitoring and protection. The News 4 helicopter is cited at 81.6 decibels. 4 August 18, 1999 The May 24, 1999 Journal News, what the Daily Times became, reported that the international space station is at 72 decibels- which is equivalent to a busy highway or turned up TV 10 feet away. Astronauts will have to wear earplugs if the noise levels are not reduced to 60 decibels. We also had the unit measured by an Environmental engineer to show the environmental impact to our house. The direct reading is 89 DB. Higher than rated as caused by the multiplier effect of reflection off the side of the house. Also the units work harder as they were installed in violation of the manufacturer's guidelines-requiring 12 inches from wall or shrubbery for adequate circulation. In my case, the units are within 8 inches from the wall and my shrubbery is blown by the fans of the units. The units are 80.3 decibels when they kick on and are 74.1 to 78.3 in my rose and zinnia garden and within the 70's throughout my yard. From the bedrooms, my boys room where my 6 and 3 year old sleep is at 64 decibels they slept on the space station they would be required by NASA to wear earplugs. Temperature is also an issue. The temperature was measured on my front steps at 83.8 degrees, but was 92.8 at the unit. This can cause extensive damage to plants and shrubbery. Our 70 year plus homes were not originally designed for central AC units. These units are much different than the single wall or window units as the central units are regulated by the house thermostat and cool the entire house, not single rooms and are thereby more likely to be on all the time- even when no one is home, which has happened in my case. The zoning board helped us as a variance was not warranted where units could not be made conforming. The zoning board allowed review of such impact. In concluding, I would like to recommend that a noise regulation of some sort be reviewed by the Board as a way of requiring a buffer where noise still remains an issue Supervisor Ryan explained the difficulty of regulating and measuring noise levels. Councilwoman O'Keeffe agreed and explained why the leaf blower law had been adopted to prohibit them during certain periods of time rather than based on levels of noise. She said that other municipalities had been contacted to see how they are dealing with noise issues and most had adopted regulations based on decibel levels, which is difficult for them to enforce. The discussion continued regarding noise issues. 4. Set Public Hearings - Senior Citizens Property Tax Exemption - Public Housing Agency Five Year Plan -This item was deferred SENIOR CITIZENS PROPERTY TAX EXEMPTION The Administrator said that a public hearing had to be scheduled in order for the Board to adopt the recent amendments to the Real Property Tax Law which will allow the Town to increase the income limitations for senior citizens eligible for the Tax Exemption program. Below is a chart showing the new income limits for each exemption amount. ANNUAL INCOME LIMITATIONS FOR COUNTY TAX PURPOSES: 1. 19,500 or less 50% 6. 23,400 to 24,299.99 25% 2. 19,500.01 to 20,499.99 45% 7. 24,300 to 25,199.99 20% 3. 20,500 to 21,499.99 40% 8. 25,200 to 26,099.99 15% 4. 21,500 to 22,499.99 35% 9. 26, 100 to 26,999.99 10% 5 August 18, 1999 5. 22,500 to 23,399.99 30% 10. 27,000 to 27,899.99 5% He added that another change in section 467 of the Real Property Tax Law will eliminate the inclusion of veterans disability compensation from the income calculation. In order to further consider this matter, the Town Board must set a public hearing to amend Local Law#4 of 1997, Senior Citizens Tax Exemption. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was unanimously, RESOLVED, that the Town Board does hereby set the date for public hearing to amend to the Senior Citizen Tax Exemption Law for September 8,1999 at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. 5. Authorization - Retainer Agreement Legal Services The Administrator commented that in the last month, Councilman Weprin, Councilwoman O'Keeffe and he have interviewed two law firms to assist the Town in the review of the proposed IKEA project in New Rochelle. Robert Spalzino of Wilson, Elser, Moskowitz, Edelman & Dicker, and Stephen Kass were interviewed. The recommendation to the Town Board was to retain the firm of Wilson, Elser, Moskowitz, et. al. One of the big concerns is the traffic that will be generated by IKEA, which is expected to generate in large part from the New York State Thruway. The New York State Thruway therefore becomes an important agency for both the Town and the City to work with as we look to mitigate the traffic impacts of this project. Based on the interviews, it appears that Wilson Elser have familiarity with the personnel at the Thruway Authority and have worked with them in the past. Councilwoman Myers asked if this firm had worked on.similar matters in the past. Councilman Weprin and Councilwoman O'Keeffe both said the firm had, noting also that this firm employed over 400 attorneys many of whom were environmental specialists. Supervisor Ryan thanked Councilman Weprin and Councilwoman O'Keeffe for conducting the interviews. He then explained that there are a wide range of reasons for the Town to undertake retaining a firm to represent us in the IKEA project, the most obvious being traffic, but the impact of a project this enormous will be felt for years to come and in way we can not imagine. He added the Town will be looking into a intermunicipal agreement to share the costs of this endeavor. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the law firm of Wilson, Elser, Moskowitz, Edelman and Dicker be retained to assist the Town to review the proposed IKEA project in New Rochelle, the cost for services will be paid at the hourly rate of$225 per hour for partners and "of counsel" attorneys, and $175 per hour for associates for all time spent on this matter, and it is further specified no single expense in excess of$500 will be incurred without the Town's prior permission. 6. Authorization -Westchester Joint Water Works Engineering and Design Agreement -Water Filtration Plant This item was deferred 6 August 18, 1999 7. Authorization - Contract for Alterations - Hommocks Ice Rink Ticket Booth Mr. Altieri reported that in the 1999 Town budget is an appropriation for improvements to the Hommocks Ice Rink, which includes funds for alterations to the ticket booth at the rink. Alterations are required to the ticket booth to provide for faster processing of patrons and to improve security at the main entrance and exit to the rink. The redesign of the ticket booth will provide for a second cashier's window and a wider entranceway. At present, patrons often are bottlenecked at the entrance when purchasing tickets for the rink. A wider entrance that reduces the size of the lines and offers a second ticket window will make the facility more convenient to enter especially during our busy public sessions. In addition, security is sometimes a problem at the entranceway to the rink because the cashier at the ticket window cannot adequately observe the entranceway. The redesigned ticket booth allows the cashier a clear view of the rink entrance and exit. The construction will include the removal and replacement of the ticket booth walls, installation of a new cashier's window similar to a bank teller's window and replacement of the flooring in the booth. He said the schedule of work would complete the new booth in time for the upcoming ice skating season. Proposals were received from three vendors as follows: Mike Pierce Contracting of Larchmont $ 8,485 K. Capolino Construction of White Plains $ 9,877 Murphy Brothers Contracting $12,500 On motion of Councilwoman O'Keeffe, seconded by Councilwoman Myers, it was unanimously, RESOLVED, to authorize Mike Pierce Contracting to do the alterations to the Hommocks Ice Rink ticket booth in the amount of$8,485. 8. Report of Bids - Contract TA-99-4 -Telephone/Radio Recording Device This item was deferred 9. Authorization-Amended CLASS Agreement Mr. Altieri said since 1996, the Town has been a member of the CLASS investment program, which is a municipal cooperative investment consortium administered by MBIA of Armonk, New York. Recently the New York State Legislature, at the request of the State Comptroller, adopted new legislation that changes the operating requirements of cooperative investment programs and as a result it is necessary for MBIA and the participating communities to amend the agreements governing the CLASS program. He noted that the agreement had been reviewed by our Attorney as well as by our Bonding Counsel. Supervisor Ryan said it had been reported a few weeks ago that CLASS had taken a tremendous hit because of poor investments, but that hit had no bearing whatsoever on us or other municipalities. MBIA is stringently controlled and is not allowed to mix us with the other investment groups. On motion of Councilwoman Myers, seconded by Councilwoman O'Keeffe, it was unanimously RESOLVED that the Town Board of the Town of Mamaroneck (the "Town") has heretofore entered into a certain MUNICIPAL COOPERATION AGREEMENT (the "Agreement") made pursuant to New York General Municipal Law, Article 5- G, Section 119-0, amended and restated as of July 20, 1992, by and among the Town and each district and municipal corporation, as defined in section 119-n of the New York General Municipal Law, that enters into the Agreement; and 7 August 18, 1999 WHEREAS, Section 13.1 of the Agreement provides that the Agreement, including the Exhibits thereto, can be amended, from time to time, by the Participants in the manner set forth therein; and WHEREAS, among such reasons is that certain provisions of the Agreement have been identified as being unnecessary, in light of other provisions of the Agreement; and NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck that the amended and restated Municipal Cooperative Agreement, dated as of October 20, 1999, a copy of which is attached as an Exhibit, is hereby approved, and Paul A. Ryan, Town Supervisor, is hereby authorized to execute the contract on behalf of the Town. 10. Authorization -Agreement for Use of Harrison Town Pistol Range The Administrator said the Town of Harrison now requires that municipalities wishing to use the Harrison Police firearms range must pass,a resolution stating the Town is providing an insurance certificate and indemnification agreement. The department has scheduled firearms training at the Harrison range during the week of August 23rd. Councilwoman O'Keeffe said there is a need for a county-wide pistol range. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following was unanimously adopted: WHEREAS, the Town of Mamaroneck Police Department desires to use the Town of Harrison Police Department Pistol Range; and WHEREAS, the Town of Harrison and Village of Harrison require from any municipality requesting use of its Pistol Range proper insurance naming the Town of Harrison and Village of Harrison as additional insureds and a fully executed Indemnification Agreement inuring to the benefit of the Town of Harrison and Village of Harrison; NOW THEREFORE, BE IT RESOLVED, that an Indemnification Agreement inuring to the benefit of the Town of Harrison and Village of Harrison be executed; and BE IT FURTHER RESOLVED, that the Town Board of the of Mamaroneck authorizes Stephen V. Altieri, Town Administrator, to execute the attached Indemnification Agreement, and to deliver same to the Town Attorney of the Town of Harrison; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Town Attorney of the Town of Harrison with a fully executed copy of the Indemnification Agreement. 11. Authorization - School Tax Warrant for 1999 8 August 18, 1999 The Town Administrator presented the school tax warrants for the collection of school taxes for the Mamaroneck School District and for that portion of the Scarsdale School District located in the Unincorporated Town. He said a special meeting was necessary for the approval of the warrants because of a computer software problem in the New York State Real Property Tax System. The final tax warrant could not be prepared until the tax roll could be printed. On motion be Councilwoman Myers, second by Councilwoman Wittner, it was unanimously RESOLVED, that the Town Receiver of Taxes is hereby authorized to receive and collect from the persons named in the Town assessment roll the sum of the school taxes, as set forth in the tax warrant, for the Union Free School Districts in the Town of Mamaroneck and Village of Scarsdale; and BE IT FURTHER RESOLVED, that the monies collected shall be deposited to the credit of the Town of Mamaroneck in the Bank of New York, County Trust Region, Mamaroneck. School Tax Warrant for the collection of school taxes by the Town of Mamaroneck in September. I want to point out that the School Tax Warrant Form now reflects the amount of state aid that will be provided to the school district through the STAR Program. For the 1999/2000 school year$3,229,334.00 will be funded by the State Government. The second warrant sheet is for the Scarsdale school taxes that will be collected by the Town of Mamaroneck in September. TOWN OF MAMARONECK SCHOOL TAX WARRANT FOR THE YEAR 1999 STATE OF NEW YORK COUNTY OF WESTCHESTER TO: Receiver of Taxes of the Town of Mamaroneck in said County YOU ARE HEREBY COMMANDED, to receive and collect from the several persons named in the assessment roll of Union Free School District in the Village of Scarsdale and Town of Mamaroneck, Scarsdale, New York, hereunto annexed and herewith delivered to you, the sum of the School Taxes of said School District set opposite their respective names in accordance with provision of Chapter 852 of the Laws of 1948 (Title 16), and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 18, 1999. AND YOU ARE HEREBY DIRECTED, to deposit all such monies so collected by you in virtue of the warrant, to the credit of the Town of Mamaroneck, in the Bank of New York, County Trust Region, Mamaroneck, as provided by said Chapter 852 of Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and resolution adopted by the Town Board of the Town of Mamaroneck on August 18, 1999, such taxes being levied against the said School District for the year.1999 for the following purposes, viz: APPROPRIATIONS General Support 7,338,159.00 Pupil Transportation 1,777,294.00 Community Services 168,954.00 Undistributed Expenses 12,899,502.00 Capital Reserves -0-. Instructional Services 41,633,306.00 9 August 18, 1999 TOTAL APPROPRIATIONS $ 63,817,215.00 ESTIMATED RECEIPTS Boundary Line Taxes 60,000.00 Tuition-Special Education 67,000.00 Prior Year 765,000.00 State Aid 3,677,957.00 Parochial Health 130,000.00 Interest from Investments 950,000.00 Building Use Fees 42,000.00 Miscellaneous 28,463.00 County Sales Tax 475,000.00 Distribution Transfer from Reserve 24,533.00 TOTAL REVENUES $ 6,219,953.000 TOTAL WARRANT AMOUNT $57,597,262.00 TOWN OF MAMARONECK SHARE 2,678,918.00 LESS AMOUNT TO BE PAID BY STATE (STAR PROGRAM) 76,341.00 NET AMOUNT TO BE RAISED BY TAXATION $2,602,577.00 AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor of the said Town, as required by said Chapter 852 of the Laws Of 1948 (Title 16), and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 286 of the Laws of 1962 and the resolution adopted by the Town Board of Mamaroneck on August 18, 1999, the reports provided for by said Law. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of said Town to be hereunto affixed this 18th day of August 1999. TOWN OF MAMARONECK SCHOOL TAX WARRANT FOR THE YEAR 1999 STATE OF NEW YORK COUNTY OF WESTCHESTER TO: Receiver of Taxes of the Town of Mamaroneck in said County YOU ARE HEREBY COMMANDED, to receive and collect from the several persons named in the assessment roll of Union Free School District in the Town of Mamaroneck, New York, hereunto annexed and herewith delivered to you, the sum of the School Taxes of said School District set opposite their respective names in accordance with provision of Chapter 852 of the Laws of 1948 (Title 16), and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 18, 1999. AND YOUR ARE HEREBY DIRECTED, to deposit all such monies so collected by you in virtue of the warrant, to the credit of the Town of Mamaroneck, in the Bank of New York, County Trust Region, Mamaroneck, as provided by said Chapter 852 of the Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 18, 1999, such taxes being levied against the said School District for the year 1999 for the following purpose, viz: 10 August 18, 1999 APPROPRIATIONS Program Component $ 46,771,692.00 Administration Component 5,953,850.00 Capital Component 10,600,458.00 $ 63,326,000.00 TOTAL APPROPRIATIONS ESTIMATED RECEIPTS Revenue - Other Districts & Governments 715,000.00 Revenue from Local Sources 1105,000.00 Interest on General Fund Investments 550,000.00 State Aid 3,800,000.00 Refund of Prior Expenses 50,000.00 Appropriated Fund Balance 300,000.00 County Sales Tax 650,000.00 TOTAL REVENUES $ 7,170,000.00 TOTAL WARRANT AMOUNT 56,156,000.00 LESS AMOUNT TO BE PAID BY STATE (STAR PROGRAM) 3,229,334.00 NET AMOUNT TO BE RAISED BY TAXATION $ 52,926,66.00 AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor of the said Town, as required by said Chapter 852 of the Laws of 1948 (Title 16), and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 286 of the Laws of 1962 and the resolution adopted by Town Board of the Town of Mamaroneck on August 18, 1999, the reports provided for by said law. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of said Town to be hereunto affixed this 18th day of August 1999. 12. Resolution - Installation of Monitoring Wells -Westchester County Airport Supervisor Ryan reported that there had been a presentation by a group in the Town of Harrison voicing their concerns regarding the possible leeching of chemicals into the Rye Water supply by the airport. They had professionals monitor the situation at the airport; as yet nothing has shown, but they now they want the ground water tested for other chemicals and contaminants. They are requesting a resolution be sent by our Board to Westchester County to install a line of groundwater monitoring wells between the airport boundary and Rye Lake. He said Westchester Joint Water Works had already adopted the proposed resolution. He then read the proposal. Councilwoman Wittner said she had spoken with one of the volunteers who was very involved in this issue and had a few changes to the wording of the resolution. The changes were made and thereafter, on motion of Councilwoman Myers, seconded by Councilwoman Wittner, the following was unanimously adopted: WHEREAS, Westchester County Airport is located on the edge of the Kensico Reservoir which furnishes New York City and 85 percent of Westchester with drinking water; and WHEREAS. the Westchester County Airport has been in existence since the 1930's. Since then, hundreds of leaks, spills, and discharges of petroleum have occurred. And 11 August 18, 1999 although many individual spills are being cleaned up, there is a high potential for undocumented spills to be impacting the groundwater, which flows into the Kensico Reservoir; and WHEREAS, there is also a landfill on the airport property in which petroleum contamination was discovered. The extent of this contamination has not been evaluated and, therefore, it is not known whether or not the groundwater, which.flows into the'Kensico, has been impacted; and WHEREAS, since the Kensico Reservoir is a resource that can be valued in the billions of dollars, it is an imperative step to immediately determine the impact of airport activities on the groundwater beneath the airport; and NOW THEREFORE, BE IT RESOLVED, that Westchester County install a line of groundwater monitoring wells at 50 foot spacings between the airport property and the Kensico Reservoir as soon as possible and test on a continuous basis, so that contamination, if found, may be cleaned up. 13. Authorization-Waiver of Fees Veterans of Foreign Wars The Supervisor explained that in order to comply with the Town's sign ordinance, the Veterans of Foreign Wars must apply for a permit to install a new sign in front of their Boston Post Road building. Because of their tax exempt status as a veterans organization, they have requested a waiver of the $25.00 filing fee for the sign. He added that the cost of said sign will be $2000 and requested a resolution authorizing the Town to pay half of that cost. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby waive all fees to the Veterans of Foreign Wars in regard to the application for a new sign located on the Boston Post Road; and BE IT FURTHER, RESOLVED, that the Town authorizes the expenditure of $1000 to the VFW towards the costs of said sign. 14. Approval of Certiorari On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby approve the following settlement of certiorari as recommended by the Town Attorney: Sussman, Sholom &Yale D. 2106 Boston Post Road Block 613 Lot 215 Town of Mamaroneck, Village of Larchmont 12 August 18, 1999 Year Assessment Reduced To Amount of Reduction 1998 $19,500 $17,600 $1,900 10% The loss to the Town would be approximately $26 for the year in question. The loss to the Village would be approximately $355 for the year in question. Greenwich Associates 1385 Boston Post Road, Block 411 Lot 196.2 Town of Mamaroneck Year Assessment Reduced To Amount of Reduction 1995 $134,100 $70,000 $64,100 48% The loss to the Town would be approximately $9,000 for the year in question. George Poline 419 -423 Boston Post Road, Block 505 Lot 463 Town of Mamaroneck Year Assessment Reduced To Amount of Reduction 1996 $21,200 $12,800 $8,400 40% 1997 $21,000 $12,800 $8,400 40% 1998 $21,100 $12,800 $8,400 40% The Town will refund approximately $3,800 for the three years in question. loss to the Town is approximately $1,300 per year. 15. Salary Authorization - Recreation RESOLVED, that as provided for in the 1999 Town Budget that the Town Board does hereby authorize the payment of salary to the following: Angela Legramandi, Key Attendant, Hommocks Pool, $7.50/hour, effective 7/29199. Cecilia Larocca, Life Guard, Hommocks Pool, $6.25/hour, effective retroactive to 7/19/99. Timothy Kuklis, Tennis Instructor, $9.00/hour, effective retroactive to 7/6/99. William Farrell, Hommocks Kiddie Pool Attendant, $7.85/hour, effective retroactive to 7114/99 Winona Ballentine, Lifeguard, Hommocks Playground, $7.75/hour, effective retroactive to 8/2/99. Dan Joseph, Key Attendant, Hommocks Pool, $5.75/hour, effective retroactive to 8/9/99. James Schroeder, Hommocks Kiddie Pool Attendant, $7.00/hour, effective 8/14/99. Jill Blumenthal, Tennis Instructor, $11/hour, effective retroactive to 8/2/99. Scott Druker, Tennis Instructor, 11/hour, effective retroactive to 8/2/99. APPROVAL OF MINUTES -June 2, 1999 This item was deferred 13 August 18, 1999 ADDED ITEM: Authorization -Tree Removal - Byron Place The Administrator said the applicant, New York Sports Clubs, plans to improve a parking area consisting of sixteen (16) parking spaces on Byron Place which abuts the New York State Thruway. The improvements will be consistent with a license agreement between the applicant and the Town of Mamaroneck. In order to improve this area, it will be necessary to remove thirteen (13) trees that lie within the area to be improved. The existing trees on the site that are scheduled to be removed range between 4 inches to 18 inches in diameter, are growing close together and appear to be poorly formed for that species. Presently, three (3) trees at the site are dead and have been for some time. Following discussion: On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the application made by the New York Sports Club to remove thirteen (13) trees that are currently located on Byron Place. ORAL COMMUNICATIONS Mr. O'Gorman asked if the Board could consider adopting a law to ban trucks from using Jake brakes within Town limits. Supervisor Ryan replied that the Town would not have jurisdiction over this issue. Councilwoman O'Keeffe asked what are Jake brakes. The Administrator said it's an engine compressor that slows down trucks, but is very noisy. They are used instead of mechanical brakes, and truck motor manufacturers have been fined by the EPA for not meeting standards. Mr. O'Gorman said that something should be done to reduce the noise and fumes, it's a life threatening situation and the Board should influence a ruling against Jake brakes. Councilman Weprin asked the Town Attorney to look into the matter. The Attorney commented that this was an interstate commerce law and that she would certainly look into the current trend. Supervisor Ryan said he would contact our State Representative to see what options are available to us on this type of matter. Mr. O'Gorman then asked if the Town could put up pooper scooper signs to remind people walking their dogs in his neighborhood to pick up the waste. Supervisor Ryan said that he would make sure the signs were put up and asked where Mr. O'Gorman thought they should be placed. Mr. O'Gorman said at the foot of Revere Road and another near the Girl Scout House. Councilwoman O'Keeffe suggested that he call the police whenever he sees a violation. Ernie Odierna commented on how terrific the new sidewalks look, and wanted to remind residents to trim overgrown bushes that are growing into the walkways. The Supervisor said that he had received a letter from a Stoneyside resident saying there was no need for replacement of sidewalks in front of their home because they were in good condition. He said that the sidewalks are done by zones,'and he had sent Shimon Gitlitz to assess the walk. He had reported that the sidewalks were both good and bad in certain spots. 14 August 18, 1999 Since it makes no sense to piece meal this type of project, the sidewalks were all done. Councilwoman O'Keeffe added that the same person had urged the state to replace the sidewalks along Weaver Street. She reported that the sidewalk between Dante and Maple Hill are especially in a poor state and are dangerous, particularly during winter months. John Hamlet, 72 No. Chatsworth Avenue said the Zoning Board interpretation of air conditioner units has put hundreds of residents in violation and the noise issue is confusing. He wanted to know what the Board had done about the matter, and if the Town would `grandfather' existing units. Supervisor Ryan said the Board was reviewing a package they had received from the attorney and would have an answer to this matter by the end of the year. The Town Attorney added that it is not a simple process to pass a law like this; many questions need to be answered, there are impacts to consider such as screening, decibel levels, buffer zones and the like. WRITTEN COMMUNICATIONS The Supervisor read the following letter into the record: MURRAYAVENUE SCHOOL PARENT TEACHERS ASSOCIATION LARCHMONT, NEW YORK 10538 July 12, 1999 Honorable Paul Ryan Town Supervisor-Town of Mamaroneck Mamaroneck Town Center 740 West Boston Post Road Mamaroneck, New York 10543 Dear Mr. Ryan, On behalf of our members we wanted to write to express our deepest appreciation for the Council's approval of our request for a crossing guard at Murray and Colonial Avenues. This intersection has been a source of longstanding concern to all of us at Murray Avenue School. We thank you for responding to this concern and look forward to seeing the new guard in place at the opening of the school year. Sincerely, Pam Schearer Sabrina Fiddelman Co-Presidents June 21, 1999 Dear Mr. Ryan: Thank you so much for your attention and concern regarding our proposal of an additional crossing guard for our children at Murray Avenue School. Your support in this effort was very much appreciated. Sincerely, 15 August 18, 1999 Elizabeth Vardell PepsiCo 700 Anderson Hill Road Purchase, NY July 29, 1999 Mr. Richard Rivera, Chief of Police Town of Mamaroneck Police Department 740 West Boston Post Road Mamaroneck, NY 10543 RE. Report No. 99-0365. Dear Chief Rivera: I am writing this letter to express my appreciation for the exemplary job performed by a few of your detectives in successfully retrieving my mobile telephone that was lost/stolen a few weeks ago. On Monday, July 12', 1 filed a lost/stolen property report for a cellular phone that I had lost the previous weekend. This was done primarily as a formality at the request of my telephone carrier(AT&T Wireless), once we had determined that the telephone had been used subsequent to the time that it was last in my possession. On July 21St I spoke with Detective Flores and faxed to him my telephone bill showing the unauthorized calls, along with a few hunches as to where I might have parted with the phone. This past Monday, five days after notifying Detective Flores, my phone was retrieved and back in my hands ! Quite frankly, I never expected to see the phone again. I had resigned myself to the fact that tracking down a mobile phone, especially one that had likely (and in fact, had) been taken in the next town over, was not a top priority of the TMPD. I am very happy to have been proven wrongl Detective Flores acted swiftly, intelligently and energetically in retrieving my phone. In addition, I understand from speaking with Detective Sergeant McCarthy, that Detective Flores demonstrated appropriate degrees of discretion and compassion in dealing with a suspect who was perhaps more a misguided youth rather than a hardened criminal. I feel proud(and secure) residing within the Town of Mamaroneck, knowing that I have a top-notch law enforcement agency looking after the welfare of my family and our personal belongings. Please pass on my appreciation to Detectives Flores and McCarthy for bringing my(admittedly minor) case to a quick and successful resolution. Sincerely, H. Douglas Garfield THE ALLEN 1. FLOOD COMPANIES, INC. Two Madison Avenue Larchmont, New York 10538-1961 16 August 18, 1999 July 23, 1999 Chief Richard Rivera Mamaroneck Town Police Department Mamaroneck Town Center 740 West Boston Post Road Mamaroneck, NY 10533-3319 RE. Officer Paul Degenhardt Dear Chief Rivera: For some time now I've been meaning to write to your department in regard to the assistance and support given my family and I by Sergeant Degenhardt and his associates, and especially Officer Adam Libertella. They were there when we really needed them. I can't say enough about their professionalism and sensitivity and hope they can be recognized in an appropriate manner. Most Sincerely, Allen J. Flood THE ALLEN J. FLOOD COMPANIES, INC. Two Madison Avenue Larchmont, New York 10538-1961 July 23, 1999 Chief Richard Rivera Mamaroneck Town Police Department Mamaroneck Town Center 740 West Boston Post Road Mamaroneck, NY 10533-3319 RE. Officer Adam Libertella Dear Chief Rivera: This is a letter that I should have written much earlier in regard to Officer Adam Libertella in regard to his performance as a police officer in the Town of Mamaroneck. As with Sergeant Degenhardt he is a very professional and dedicated individual who has been there during some critical times involving a member of my family. I can't say enough about his demonstrated interest, concern and sensitivity. Most Sincerely, Allen J. Flood THE ALLEN J. FLOOD COMPANIES, INC. Two Madison Avenue Larchmont, New York 10538-1961 July 23, 1999 Chief Richard Rivera Mamaroneck Town Police Department 17 August 18, 1999 Mamaroneck Town Center 740 West Boston Post Road Mamaroneck, -NY 10533-3319 RE. Officer Frank DellaCambra Dear Chief Rivera: I just want to take a moment to express our appreciation for the assignment of Officer DellaCambra to the Madison Avenue and Myrtle Boulevard area of the town. As you may know, my business is located in this section and our people feel very secure to know that he is on duly, especially in the evenings during the week when we are often working late. On behalf of my staff, please express my appreciation to him for his very professional performance. Most Sincerely, Allen J. Flood SUPERVISOR REPORTS REPORTS OF COUNCIL ADJOURNMENT The Supervisor said that the next scheduled meetings would be September 8 and September 22. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe the meeting was adjourned at 10:25 PM . Submitted by Patricia A. DiCioccio, Town Clerk \\Clerkserverlserver\DocumentslMI NUTES199m inf108-18-99x.doc 18