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HomeMy WebLinkAbout2000_03_22 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON MARCH 22, 2000 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilwoman Judith A. Myers Councilman Ernest C. Odierna Councilwoman Nancy Seligson ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:30 PM, who then pointed out the location of exits. PUBLIC HEARING - Restriction of Parking Permits The following notice was placed into the record by the Town Clerk: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on March 1, 2000, 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 amend Chapter 147 of the Code of the Town of Mamaroneck Originally adopted December 20, 1967, amended by Local Laws No. 9 - 1996 and No. 3 - 1999. The purpose of the Local Law is to Amend Chapter 147 as it relates to the issuance of parking permits in Town owned parking lots to residents of the Town. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was declared open. The Administrator explained this law would restrict parking in the Town commuter lot and scope of project having major impacts on the Town. Supervisor O'Keeffe read the following letters into the record. March 6, 2000 Ms. Patricia A. DiCioccio Town Clerk Town of Mamaroneck Town Center 740 West Boston Road Mamaroneck, NY 10543-3319 Dear Ms. DiCioccio March 22, 2000 1 will be out of town at the time of the rescheduled meeting on public parking in Larchmont and therefore, I'm sending my thoughts in writing. Please consider them as if I were present. The need to reconsider the parking policy that allows non-resident parking in designated areas at the Larchmont Station is unfortunate. However, as you contemplate that possibility you must consider grandfathering those of us who have been using this facility up to this time. Recently in Mamaroneck restrictions were placed on non-resident parkers but the town did grandfather those non-residents who were already using the facility. I have been parking at the Larchmont Station and paying my fees for over 7 years. There are only a handful of us in this circumstance. The few spots that are now designated to us will not solve the real problem of parking shortage what it will serve to do is to impose a hardship and penalize those of us who have done nothing other than follow the rules up to this time. Grandfathering is a common practice in circumstances like these. Please consider taking this action in all fairness. Sincerely, Sharon Summer Rozansky PS I am aware that there are resident parkers that have more than one spot. You might want to consider those before you take away spots from non-resident parkers. Robin Sherman 34 Hayhurst Road New Rochelle, New York 10804 March 22, 2000 To Whom It May Concern: I write this letter in regard to your proposal to only allow Town of Mamaroneck residents to park in town lots at the Larchmont train station. First I would like to thank the Town of Mamaroneck for allowing me and the other non- residents to park at the Larchmont train. I have been parking at the station for the past six years and have greatly appreciated your hospitality and the fact that in the past you have really made an effort to allow us to park at the station, even during times of construction. Second, I would ask that you reconsider your plan to amend your town charter. There are only a few non-residents who park at the train station, and we do bring in additional revenue. I myself do not mind the extra walk from Baldwin Avenue to the platform as long as it enables me to continue to park at the train station. Parking at another train station, would be a hardship, especially when I live so much closer to the Larchmont train station than to the New Rochelle station. Also, many businesses that I shop at and restaurants I eat at are located in Larchmont and disembarking in Larchmont in the evenings enables me to do so. Perhaps you might consider only renewing existing parking permits for non-residents and let that number decrease by attrition as people move away, stop working or retire thereby decreasing the non-resident permits. Thank you. Robin F. Sherman March 22, 2000 Town Supervisor & Town Board Town of Mamaroneck 740 W. Boston Post Road Mamaroneck, NY 10543 2 March 22, 2000 Re: Continuation of Existin_a Non-Resident parking permits Dear Supervisor& Town Board. This application is respectfully submitted to urge, strongly that you decline to revoke non- resident parking rights near the Larchmont Metro-North train station. You thereby consider the extreme hardship to, and loss of rights of, those few non-residents who have been granted this legal right for many years. You also thereby consider the economic and other contributions of these non-residents to the commerce and well-being of Larchmont and Mamaroneck. More and more, each day, we all, and each one of us truly become residents of"ONE WORLD". In the past four years since this parking issue was last on your public agenda, this unifying "Oneness"is seen, more and more, on a daily basis, throughout all walks of life. It is respectfully suggested that you act as elected officials for your Town on the premise that it is one, in many respects, with its neighbors, far and wide. This is true economically and as a practical matter, if not as a legal and political reality. You, yourselves, are asserting this oneness concept in a pressing issue in which you seek to be heard, and, moreover, to exercise legal directive, in matters arising in my City of New Rochelle, which directly impact "your Town". I recently took note of an article on the front page of the New York Times, entitles "Return Passage to India": Emigres Pay Back". The article recounts how during the past generation, "tens of thousands of Indian engineers left home for America and many got rich...". Now, many are splitting their time between India and Seattle. Can you imagine commuting to India? Yet, that is more and more what our little world is about. Contrast this current situation, with the state of international relations existing, "those many year ago", when I was a High School student. We then idealistically debated the then radical concept of"One World", with relation to novel creations such a the United Nations. We reviewed the failure of the League of Nations, another "radical idea" which had been born before its time. That was then. New, the recent article about Indian emigres, referred to commonplace aspects of our present daily lives, such as "airplanes, telephones, e-mail and fax machines"having "transformed the lives of prosperous emigrants....". In a similar vein, you share with your New Rochelle neighbors a tie to the French community, as Larchmont has assimilated a new and vital French community within its political borders, New Rochelle and the French City of La Rochelle, have renewed its bonds in recent years. Long-existing "property lines and political boundaries"are no longer the obstacles to daily commerce that private toll booths, erected on the King's Roads, were, not so long ago. On a more practical and personal note, please consider the following, I hope, compelling matters. I have resided in the Bayberry section of New Rochelle, directly touching on Larchmont and its beautiful reservoir, and I have been parking, by your legal_grant, in your parking lot at the Larchmont train station, for about thirty-five (35) years. Aside from the convenience, the Larchmont station being about a five minute drive, thirty- five years of daily commuting both ways, has built, for me, "a way of life", a strong social life, including a daily bridge game with many of my neighbors who also commute to and from Larchmont. The loss of this daily aspect of my life would constitute a great hardship to me and I am not willing to accept that. Some of these trains friends have been with me for the entire thirty-five years. We, and our families, have become very close. These Larchmont neighbors will not understand my sudden absence from their lives (and their card game), because the Town in which they live would no longer allow me the privilege to park there. Please pardon the pun, but we are talking "Railroad"and it might be said that by now I have acquired a "right of way". To have this long-standing legal right revoked, merely because I am not a resident of this particular village or Town, but, indeed, do reside in an adjoining City within the same County, is grossly unfair and I suggest, perhaps illegal as a denial of my legal fights, 3 March 22, 2000 including the right to equal protection of the laws, wrongful taking of property rights, and an illegal barrier to the unobstructed flow of commerce between separate entities within the County and State. Since this MTA passage to New York City is an instrument of interstate commerce, and subject to Federal Regulation, from a legal point of view, the denial of its use to me, may constitute the wrongful erection of barriers by a government entity to the lawful flow of interstate commerce in violation of the United States Constitution. This situation may well impact many aspects of Federal and Stare funding to the local entity. I respectfully suggest that you also take into account the substantial expenditures which we make in the Town of Mamaroneck for goods and services. My cars have been serviced and repaired, at considerable continuing expense, for all of these years, at a service station next to the train station in Larchmont, our family dentist, whose costs are also considerable, is situated within walking distance of the station, and I have several times purchased expensive eye glasses near the station. We frequent many excellent Larchmont restaurants and several of my last few, costly, automobiles, have meet leased from a prominent dealership in Larchmont. I suggest to you that these economic contributions to your local economy warrant consideration of our continuing right to be able to use the local train station. I suggest that these needs and sentiments of your merchants, should be taken into account. May I also bring to your attention, the many years of volunteer work that I, and my family, have contributed to the welfare of the entire community without regard for distinctions of local boundaries. Amongst others I have served. as an Assistant United States Attorney for the Southern District of New York(1960-1963); as a member of the County Youth Board, for several terms, including serving as its vice-Chair, and as Chair, as a member of the Board of Directors of LAW(formerly Legal Awareness for Women, and, thereafter, Legal Awareness of Westchester); as a member of the 20th Congressional District Nonpartisan Military Academies Appointments Review Board, and, on behalf of numerous candidates for office, and for elected government officials, on all levels of government,judicial, federal, state, county, City and Town. We personally worked on behalf of each of the several elected officials from this particular area. Indeed, in recognition of our years of County-wide, community service, my wife and I were honored at a dinner dance, in 1996, coincidentally at the very time. this same issue was last raised. We were then presented with government resolutions thanking us for our efforts, from all levels of Government, not just from the City of New Rochelle. In view of all o- the foregoing, I urge you to take into account our needs, as well as those of your own residents. The effective workings of good government, must allow for solutions which take all of these factors into account. There should be some acceptable solution to this problem. It is not that the parking is free; as you know, we do pay for the existing permit, and, daily, for the parking meter. For example, if parking spots are scarce at the existing parking lot, you could consider permitting more parking in the nearby streets. Moreover, despite what you perceive as a growing request for parking spaces, your lot in which we formerly parked, is never full. In addition, we non-resident permit holders, now number only fifteen, and you have allocated to us, merely, twelve spots, in a separate "little corner of your world. Thus the effect on your parking problem, if any, is surely "de minimis". Your consideration will be greatly appreciated. Respectfully, Gerald E. Paley The Supervisor then explained the displacement was being caused by the Town residents needing parking because they were no longer being sold permits by the Villages, which is causing this domino effect. She asked if anyone wished to speak on this law. 4 March 22, 2000 Mr. Paley, a New Rochelle resident, said although he had sent a letter he also wanted to speak. He said that he had been a permit holder in our lot for over 30 years, shopped in our area and would be extremely disappointed to lose this privilege. The following people all spoke against the amendment: Susan Despens Elicia Cruss Mr. Korngold Abby Lund, 40 Lundy Lane, stated she was in favor of restricting the lot to Town residents only, as she was one of the residents on a waiting list for a parking space. She said New Rochelle should provide parking for these residents, not the Town. Councilwoman Seligson asked them if they had investigated carpools or hiring a van service. Susan Despens suggested the Town do something to improve its taxi service. Sheldon Rozansky, 11 Larchwood Road read a letter opposing the change in the law, he said it was one year ago the Town had agreed to allowing non-residents to continue to park in the Town lot, and he urged the Board members to continue it for another year. Randy Sherman also read a letter urging this law not be passed and that non-residents be allowed to park. There being no one else wishing to speak, the hearing was closed. Following discussion the hearing was closed on motion of Councilwoman Wittner, seconded by Councilwoman Seligson. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following Local Law was adopted as amended: LOCAL LAW NO. 3 - 2000 This Local Law shall amend Chapter 147 of the Code of the Town of Mamaroneck originally adopted December 20, 1967 amended by Local Laws 9-1996 and No. 3-1999. Section 1 - Purpose: As a result of even further limitations placed on available parking by other nearby communities and the limited available parking within the Town, the purpose of the Local Law is to restrict the issuance of parking permits in Town owned parking to residents of the Town. Section 2 -Amendment to Section C of Chapter 147: C. The Town Clerk may only issue parking permits to residents of the Town for parking in Lots 1 and 3. At the time of application for a parking permit for either Lot 1 or Lot 3, the applicant shall submit proof of residency to the Town Clerk. D. Amended to read as follows: Commencing on September 1, 2000, the Town Clerk shall issue permits to residents of the Town of Mamaroneck only. 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 the Local Law which may be implemented without the invalid or unconstitutional provisions determine. Section 5 - Effective Date: 5 March 22, 2000 This Local Law shall take effect immediately upon filing with the Secretary of State. The above local law was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye BOARD OF POLICE COMMISSIONERS 1. Crime Prevention Program Chief Rivera introduced Detective/Sergeant McCarthy who explained the prevention program and said his department is available to present it for neighborhood associations, or for anyone interested. Councilman Odierna asked if a resident or a student sees something happening what is the procedure to report it, what should they do. Det. McCarthy said they could contact his office and they would then take any necessary action, including keeping the person anonymous, but they would prefer the person reporting incidents identify themselves. Supervisor O'Keeffe said she, Councilwomen Wittner and Myers had attended the DARE Program given by Officer Houlihan. It was very moving, and we were all impressed that so many officers came out on their own time to attend. Its encouraging to see children become familiar with their police. Chief Rivera said Officer Houlihan also stays in touch through email and on the internet with the kids through the DARE program. There was a lengthy dialogue regarding the DARE program and its aim. The Supervisor thanked them for attending. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 9:30 PM. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson PROCLAMATION - Outgoing Fire Chief, Michael J. Acocella Supervisor O'Keeffe read the following proclamation: PROCLAMATION MICHAEL J. ACOCELLA WHEREAS, For over 15 years, Michael Acocella 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, he has served the 6 March 22, 2000 Town of Mamaroneck Fire District first as a volunteer firefighter and then as Fire Chief consistently motivating and training the volunteers; and WHEREAS, Chief Acocella's concern, devotion, and professional expertise contributed significantly to the overwhelming success of the complex reconstruction of the Weaver Street Firehouse. NOW THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor, and the members of the Town Council of the Town of Mamaroneck honor Michael Acocella and recognize his extraordinary service to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 22"d day of March 2000. Supervisor O'Keeffe introduced Michael & Carol Acocella, Michael's parents, and Frank Cioffi, a former Fire Chief. 1. Fire Claims: Commissioner Odierna presented fire claims for authorization of payment , thereafter on Commissioner Myers motion, seconded by Commissioner Wittner, it was 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. 161.90 AAA Emergency Supply Co., Inc. 73.90 AAA Emergency Supply Co., Inc. 39.50 Atlantic Westchester 120.00 AT&T Wireless Services 111.83 Bell Atlantic 430.33 Byram Mason Supply 119.75 Cleaning Systems 119.85 Con Edison 2.00 Con Edison 877.00 Excelsior Garage & Machine Works, Inc. 72.00 Fire End Croker, Corp. 1,207.76 Gall's Inc. 116.47 Gloves Inc. 71.43 The Journal News 210.54 Lucent Technologies 50.15 Metrocom 541.25 Metrocom 89.55 Motorola Paging Products 108.00 Multiplier 114.73 Northeast Fire Apparatus, Inc. 59,000.00 Poland Spring Water Co. 162.19 Quest Diagnostic Inc. 385.50 R&L Consulting 94.35 Sound Shore Pest 120.00 Staples 29.96 Staples 254.76 Staples 1,205.95 Thomas K. Landau 755.00 Town of Mamaroneck Professional Fire Fighters 306.54 7 March 22, 2000 Darrell Pistone 150.43 Westchester Elevator 170.00 TOTAL 67272.62 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Consideration of Stipulation of Agreement - Professional Firefighters Association The Administrator explained that the negotiating committees for the Town of Mamaroneck and the Town's Professional Firefighters Association reached a tentative agreement for a renewal of the current collective bargaining agreement. An agreement reached by the committees however is subject to ratification by both the Board of Fire Commissioners and the union membership. The contract covers the fourteen paid firefighters located at the Weaver St. Fire Headquarters. Submitted to the Board was a summary of costs associated with the contract. Under the terms of the stipulation, Section 31 of the contract would be revised to reflect a new work schedule. Currently, firefighters work three consecutive ten- hour day tours, then receive three days off and return to work three consecutive fourteen- hour night tours. In total, the firefighters work a total of 2,202 hours under this schedule. In the stipulation, there is a proposal to convert the schedule to a twenty four-hour schedule. This means that a firefighter will work twenty-four consecutive hours and then be off duty seventy-two hours before his/her next scheduled tour of duty. This schedule results in a total work year of 2,208 hours. There are advantages to the schedule for both the firefighters and the Town. Although a firefighter will work slightly more hours in this schedule, the number of times the firefighter comes to work is less. For the Town, the schedule is likely to result in better attendance. Since a firefighter will come to work fewer times per year, there will be less of a need for sick leave and personal leave. Less sick and personal leave should result in less overtime to cover short work tours. Opting for the new schedule does not result in any additional costs to the Town. Both the Village of Pelham and the City of Rye use this work schedule for their firefighters. They report that it has worked well and made scheduling easier. Changes were also made to those sections of the contract having to do with vacation leave and sick leave. Specifically Sections 13 and 23 call for reductions in the number of vacation and sick days available to firefighters. The reduced number of days reflects the change in the schedule. He recommended ratification and following discussion of the other changes, on motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Board of Fire Commissioners does hereby approve the agreement between the Town and the Professional Firefighters Association as outlined above; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Report of Bid - TA-00-02 - Installation of Vehicle Exhaust System 8 March 22, 2000 Chief Liverzani said he had reviewed at least five systems and thought the one from the lowest bidder, Clean Air Systems, would be best. The cost of the system is $26,989. It would allow the exhaust fumes to vent out of the building when the truck is started. He said the Village of Mamaroneck has the same type of system and they had recommended it highly. On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that this Commission hereby authorizes that Contract TA-00-02 be awarded to Clean Air Company, the lowest responsible bidder, to furnish, deliver and install an air exhaust system at Fire Headquarters at a total cost of $26,989; and BE IT FURTHER, RESOLVED, that the Administrator is hereby authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye TA-00-2 - BIDS RECEIVED: for INSTALLATION OF VEHICLE EXHAUST NAME OF BIDDER ADDRESS OF BIDDER TOTAL Air Cor Corporation P.O. Box 416, Pelham, NH 03076 $ 7,545.00 per vehicle Clean Air Co 428 New Brunswick Avenue Fords, NJ $26,989.00 Nederman, Inc. 39115 West Warren Road, Westland, MI $32,931.05 Atlantic Westchester, Inc 264 Adams Street, Bedford Hills, NY $44,212.00 There being no further business to come before the Commission, on motion of Commissioner Seligson, seconded by Commissioner Myers, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Appointment - Coastal Zone Management Commission Councilwoman Wittner said that Ms. Cooney had attended the past few meetings of the Coastal Zone Management Commission, and she showed a decided interest in joining the commission as a member, and the Chair of CZMC, Madelaine Berg, was also recommending her for appointment. On motion of Councilwoman Wittner seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby appoint Elizabeth Cooney as a member of the Coastal Zone Management Commission, to serve a term of office of 3 years, effective immediately and terminating August 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 9 March 22, 2000 2. Presentation - Highway Department Garage Renovation Steve said this plan was reviewed with Rotfeld Associates, our consulting engineers, to refine components of the proposal . Mr. Rothfield said project timing has been revised to phase the project in over two years rather than attempt to complete it in 2000. Based upon our estimates, if the project is approved this month construction could not begin until August. The time necessary to complete the surveys, field analysis, and design documents will be approximately four to five months. To construct the entire project would take another six months. Allowing for possible delays, the possibility exists that the site will be under construction in the fall and winter. The repair shop is a critical facility during leaf collection and snow removal season. Therefore, the project would be phased in as follows. In 2000 the proposed expansion of the north end of the building, the new sign shop, and new conservation garage will be constructed. In addition, in 2000, the site work at the south end of the site near the Thruway would be completed. The new repair shop will be constructed in the Spring of 2001 along with the salt shed, and pole barns. Site work at the north end of the site will be completed in 2001 as well. Costs estimates for the project are being revised to reflect the phasing of the project. There was then a discussion of a possible donation of property from the Thruway Authority and the time schedule. Mr. Gitlitz, the Town Engineer, said the survey is being performed to determine the actual layout and amount of property needed. Supervisor O'Keeffe, and Councilwoman Myers both said they had toured the facility and was impressed by how out of date the facility and equipment was. Councilwoman Seligson said she was in favor of the project as she saw a need for improved worker safety and for handling the environmental concerns. Councilwoman Wittner agreed on the need for updating but thought they should look further at the time schedule. Mr. Rothfield and Mr. Altieri said during the first year they would do soil borings, surveys, complete the design, and tentatively have construction begin in August. In year two they would award contracts for demolition, prepare the site plan and construct the south side of the building. Mr. Altieri requested authorization for 1.6 million dollars which he would like to borrow in two stages, and he recommended Plan A. On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize the beginning phase of Plan A to implement reconstruction of the Highway department building, and BE IT FURTHER, RESOLVED, that the Town Administrator be and hereby is authorized to have bond counsel prepare the paperwork to borrow 1.6 million dollars to fund the above stated project. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Determination of Significance - Major Development Impact Law The Administrator said the Attorney for the Town had prepared a draft resolution for consideration by the Town Board in connection with the proposed development law, and a 10 March 22, 2000 notice of determination of significance pursuant to the State Environmental Quality Review Law. Supervisor O'Keeffe said she and Mr. Altieri had met with Mayor Idoni and the Special Counsel on IKEA on this matter. Mayor Idoni had invited a response from the Town giving us a meaningful ability in determining what would happen with this project. When asked if we would have any authority in the decision making process we were told we would not have any other authority then we now have. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following resolution was passed: WHEREAS, by resolution dated February 16, 2000, the Town Board scheduled a public hearing with respect to a proposed local law regarding the review of local impacts caused by major development projects in areas that abut, adjoin or are adjacent to the Town of Mamaroneck; and WHEREAS, a public hearing with respect to such proposed local law was duly held by the Town Board on March 1, 2000; and WHEREAS, in connection with such proposed local law the Town Board has received and considered a Short Environmental Assessment Form. NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK, as follows: 1. The Town Board finds that the adoption of the proposed local law will constitute a Type II action under the New York State Environmental Quality Review Act (SEQRA); 2. The Town Board hereby declares itself to be lead agency with respect to the proposed action, 3. The Town Board finds as follows: (a) The proposed action consists of the adoption of a local law requiring that the impacts on the Town of Mamaroneck of certain major development projects on sites that abut, adjoin or are adjacent to town streets be reviewed by the Town Board. (b) The proposed action will not, itself, result in any construction or other activities that may affect the environment; (c) Any project that is subject to review under the proposed local law the adoption of which constitutes the action will itself be the subject of SEQRA review; (d) The proposed action will have only beneficial impacts on the environment by requiring that the environmental impacts of any major development project on the Town of Mamaroneck, and the measures proposed to mitigate those impacts, receive specific consideration and detailed evaluation by the public officials responsible for protecting the health, safety and welfare of the residents of the Town of Mamaroneck. 11 March 22, 2000 4. For the foregoing reasons, the Town Board finds that there will be no adverse environmental impacts as a result of the proposed action. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Councilwoman Myers said we would continue to try to work with New Rochelle and emphasized that we want to find a way to work this out. Councilwoman Wittner agreed and said she firmly believed in intermunicipal cooperation. They then continued a discussion on the impact of the IKEA project. 4. Authorization - Consultant Services Use/Parking Study -Washington Square Area The Administrator said this would allow the Town to hire Buckhurst Fish & Jacquemart to complete a two part study around the Washington Square area, the cost of which is $35,000. The study would consider alternative land uses for those parcels in the area that have development potential, and the impacts of the alternatives, cost benefits and possible zoning changes. Municipal parking would also be included. He said it was the intent of the Town to invite residents to a public meeting to have their input. Councilman Odierna asked if the process could be speeded up, to which the Administrator said he would see. Councilwoman Myers said she liked the idea of having the residents voice their concerns and opinions. Councilwomen Wittner and Seligson suggested additional informal neighborhood meetings be held to give them a chance to feel included and to hear their vision. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the agreement between the Town and Buckhurst Fish & Jacquemart to complete a two-part study of the Washington Square Area at a cost of$35,000; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 5. Authorization -Westchester Joint Water Works Projects The Town Administrator reported two proposals for projects from the Westchester Joint Water Works. First is the capital improvement plan for the WJWW for 2000. Projects in the plan are categorized as either joint projects or local projects. Joint projects are projects that 12 March 22, 2000 benefit the entire WJWW service area. The three participating communities share costs. Local projects benefit only an individual community in the water works. Joint projects proposed in the plan total $125,000. The share of the Town would be $27,100. Each of the projects is described in the report given to the Board. A local project proposed in the Town is for the replacement of the 8" water main on Burton Road. Total cost for this project will be $85,000. In addition to the above projects, the WJWW is seeking approval for the installation of a containment system for the Purchase Caustic Soda Station. This project, required by the New York State DEC, has a total cost estimate of$79,000. As a joint project of the WJWW, the share of the Town will be 21.4% or $16,900. The following is a summary of those capital project costs: Capital Projects - Joint $ 27,100 Capital Projects - Local $ 85,000 Caustic Soda Station $ 16,900 Total Cost $129,000 He said the Town, in its 2000 Budget, appropriated $80,000 for system improvements. An application of available surplus will provide sufficient funding for all of the proposed projects. However, a difficulty that we experience with the WJWW is the lack of a schedule of payments for past projects that remain open. Therefore, it is conceivable that the WJWW will bill the Town for projects in 2000 that were authorized in prior years. Alternatively, the WJWW is not certain that all of the above projects will be completed in 2000 meaning that all funding for these projects may not be required in 2000 . We are awaiting further information from the WJWW. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve Project A-1183 for the installation of a secondary containment system at the Purchase Caustic Soda Station at a cost not to exceed $16,900; and BE IT FURTHER, RESOLVED, that the Town Board does hereby approve the following joint capital improvement projects: Project 2000-11 for the installation of a 16" valve at Winfield and Union Avenues; and Project 2000-12 to replace BIF flow transmitter at Shaft 22 which enables the Operations Center in Mamaroneck to monitor the rate of flow coming into the system through the meter at Shaft 22 of the Delaware Aqueduct; and Project 2000-13 to upgrade and expand the Supervisory Control and Data Acquisition (SCADA) system to better monitor the operations of the Water Works; and Project 2000-14 to install 12" main during the NYSDOT construction for future use to eliminate deadends at Lincoln Avenue and Westerleigh Road to strengthen the transmission system in this area; and BE IT FURTHER, RESOLVED, that the Town of Mamaroneck's cost for these projects is not to exceed $27,100; and BE IT FURTHER, 13 March 22, 2000 RESOLVED, that the Town Board does hereby approve Project 2000-21 for the replacement of 350' of 8" main extending from Palmer Avenue southeast to Hydrant 2232 at cost not to exceed $85,000. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 6. Resolution -Athletic Field Use Policy A communication was received from Mr. William Zimmerman, Recreation Superintendent, which read: "During the March 14, 2000 meeting of the Recreation Commission, the Commission reviewed and approved the recommended additions to the previously approved field use policy. These items should be treated as an addendum to the policy. A. Members of the Town Board want to make certain that the policy will not eliminate the casual use of non-permitted fields, i.e. Memorial Park field, by residents and their children. B. Specific to the Carpino-Steffens (Hommocks) Recreation Fields is the question of how to protect and maintain the fields based upon the intense use that is expected. Some type of limitation is necessary to protect the field. Therefore, the Town Board reaffirmed its position that the field will not be used during the recess periods of the Middle School. Further, in response to the concept of diversified use, the Town Board endorses other organized adult leagues in the community having limited access to the permitted fields." On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the addendum to the recommendations for the usage of Community Fields as follows: A. Members of the Town Board want to make certain that the policy will not eliminate the casual use of non- permitted fields, i.e. Memorial Park field, by residents and their children. B. Specific to the Carpino-Steffens (Hommocks) Recreation Fields is the question of how to protect and maintain the fields based upon the intense use that is expected. Some type of limitation is necessary to protect the field. Therefore, the Town Board reaffirmed its position that the field will not be used during the recess periods of the Middle School. Further, in response to the concept of diversified use, the Town Board endorses other organized adult leagues in the community having limited access to the permitted fields. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 14 March 22, 2000 Councilwoman Myers said this had been a long time coming, and was happy. The Supervisor said she was happy to see a consensus. Councilwoman Wittner said this was done well and Saturday, April 8 at 9:00 AM is the official ribbon cutting ceremony for the Carpino - Steffens field. 7. Authorization -Animal Control Services Mr. Altieri requested authorization to enter into a contract with Ace Trapping of Port Chester. They would be helping us with the control of the population of Canada geese. The NYS permit received by the Town specifies that we can control through the addling of the eggs. The Town would enter the agreement for one year, and it would add removal of nuisance wildlife animals such as skunks, bats, and snakes and periodic inspections of the Gardens Lane area for goose control for a fee of$3,700. Following discussion: On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the agreement between the Town of Mamaroneck and Ace Trapping and Exterminating, Inc. to control the local population of Canada Geese and the removal of nuisance wildlife animals including skunks, bats, snakes and other similar animals at a cost of$3,7000 for a period of one year; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 8. Bonding Resolution - Myrtle Boulevard Improvements This matter was actually discussed earlier under the Washington Square item on the agenda. Councilwoman Wittner suggested Myrtle Road be changed to Myrtle Boulevard, and thereafter the following was adopted. At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York, in said Town, on March 22, 2000 at 8:15 o'clock P .M., Prevailing Time. The meeting was called to order by Supervisor O'Keeffe , and upon roll being called, the following were PRESENT: Supervisor O'Keeffe Councilwoman Wittner Councilwoman Myers Councilman Odierna Councilwoman Seligson 15 March 22, 2000 ABSENT: None BOND RESOLUTION DATED MARCH 22, 2000 A RESOLUTION AUTHORIZING THE ISSUANCE OF $350,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF MYRTLE BLVD. IN AND FOR SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the reconstruction of Myrtle Blvd. in and for the Town of Mamaroneck, Westchester County, New York, including sidewalks, curbs and other incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $350,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $350,000, and that the plan for the financing thereof is by the issuance of the $350,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, authorized to be issued pursuant to this bond resolution; provided, however, that the amount of serial bonds ultimately to be issued shall be reduced by any State and/or Federal grants-in-aid received by said Town for such specific object or purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and 16 March 22, 2000 award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph C of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. , Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in full in THE JOURNAL NEWS, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: COUNCILWOMAN SELIGSON VOTING AYE COUNCILMAN ODIERNA VOTING AYE COUNCILWOMAN MYERS VOTING AYE COUNCILWOMAN WITTNER VOTING AYE SUPERVISOR O'KEEFFE VOTING AYE The resolution was thereupon declared duly adopted. 17 March 22, 2000 9. Report of Bids - TA-00-03 - Energy Management Control System (HELD OVER) - TA-00-4 Grass Maintenance The Administrator outlined that on March 15, 2000, the Town publicly opened and read bids for the above referenced contract. The scope of work in this contract includes grass cutting, fall and spring clean up, and planting bed maintenance at the following areas: Hommocks Field, Hommocks Pool, Island at Huguenot Street and the Park at Palmer Avenue &Weaver Street. Bids were received from seven landscaping firms and the lowest bid was submitted by Carino Land Management of New Rochelle New York. Their total bid of$13,930.00 will cover all of the described work in the bid specifications. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board hereby authorizes that Contract TA-00-4 be awarded to Carino Land Management , Inc., the lowest responsible bidder, to do grass cutting, fall and spring clean up, and planting bed maintenance at Hommocks field, Hommocks pool, the island at Huguenot Street and Park at Palmer Avenue and Weaver Street at a cost not to exceed $13,9300; and BE IT FURTHER, RESOLVED, that the Administrator is hereby authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Following is the list of bidders for Contract TA-00-4. NAME OF BIDDER TOTAL Carino Land Management, Inc. $13,930.00 Acocella Contracting, Inc. $14.800.00 Joseph Calautti Gardening & Landscape Maintenance $15,196.00 Tony Casale, Inc. $21,700.00 Tardio Landscape Contr., Inc. $24,093.75 Tony Corvino Landscaping, Inc. $28.050.00 Colonial Landscaping. Inc. $41,624.80 10. Resolution - Cable TV Councilwoman Myers stated that as the Town Board liaison to the Larch mont-Mamaroneck Cable TV Board of Control, she would like to update the Board on the LMC-TV channel change. She said as you are all undoubtedly well aware by now, Cablevision has just notified its customers that they will switch our local access cable TV channels from 14, 15 and 16 to channels 71, 72 and 73. This presents a grave problem for the many members of our community who rely on LMC-TV as a means of staying in touch locally. The current channel location is easily accessible when surfing upwards from the network channels located below channel 14 - a fact that often allows viewers to land on LMC before the other cable stations and very often keeps their interest enough to preclude moving on. Fewer viewers surf' in the higher channels because, if they are clicking channels one-by-one, it takes quite a while to reach them and there is a good chance that viewer interest will have been captured 18 March 22, 2000 by programming long before they get to the 70's. Further, many older television sets, even though cable-ready, do not receive channels in the 70's range. It is the belief of the LMC Board of Control that many of these sets belong to older residents who are not about to purchase new sets or add cable TV boxes and yet ,are so dependent on LMC for their community information. Unfortunately, our contract with Cablevision specifies only that they provide us with notification of channel changes (as well as changes in rates, service terms or conditions) at least 30 days prior to implementation -which they have done. According to Mike Blau, the Board of Control Administrator, this channel change is in compliance with both our contract as well as Federal Law. On behalf of the Board of Control, Mike Blau has written to Cablevision expressing opposition to the channel change and requesting remedial actions including provision of free cable boxes for all subscribers whose sets do not receive the new channels as well as advertisements alerting subscribers of the channel changes. He is also going to raise the idea of joint opposition between municipalities with the Westchester Municipal Officials Association. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the following resolution was adopted: WHEREAS, Cablevision of Westchester Inc. is the authorized holder of a cable television franchise authorizing the use of the Town of Mamaroneck's public , streets, roads and right- of-ways for the operation of a cable television , system and authorizing franchisee to serve the Town of Mamaroneck; and WHEREAS, an integral part of the franchise agreement between the Town of Mamaroneck, Village of Larchmont, and Village of Mamaroneck and Cablevision is the provision of public, educational, and government television (PEG) services to the citizens of the Town; and WHEREAS, the Communities have relied in good faith on Cablevision's provision of PEG channels and their placement at channels 14, 15, and 16 adjacent to channel 13, a long standing public television channel; and WHEREAS, Cablevision proposes to reassign three PEG channels from 14, 15 and 16 to channels 71, 72, and 73 in an isolated and unpopular viewing area with virtually no surrounding channels of interest; and WHEREAS, the channel realignment will result in confusion to subscribers and a decline in audience for PEG channels. NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town Of Mamaroneck strongly opposes the unilateral realignment of the PEG access channels and require that this arbitrary decision be reversed. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Similar resolutions were adopted by the Village of Mamaroneck and City of Rye. 11. Salary Authorizations - Recreation 19 March 22, 2000 - Custodian/Caretaker RECREATION On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that as provided for in the 2000 Town Budget that the Town Board does hereby authorize the payment of salary to the following: Lester Wauchope, Attendant, Memorial Park Tennis Courts, $10.75/hour, effective 3/27/00. Raymond Varian, Attendant, Memorial Park Tennis Courts, $9/hour, effective 3/27/00. CUSTODIAN/CARETAKER On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby authorize the payment of salary to Augusto Dulanto as Custodian/Caretaker, replacing Jim Morris, at a salary of$27,735, effective March 27, 2000. The above resolutions were put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 12. Authorization Property Tax Warrant - Town and County Taxes The Administrator said that this was the pro forma resolution which authorizes the Tax Receiver to collect County taxes. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following was adopted: STATE OF NEW YORK COUNTY OF WESTCHESTER TOWN OF MAMARONECK THE PEOPLE OF THE STATE OF NEW YORK To Carmine A. DeLuca, Receiver of Taxes of the Town of Mamaroneck in said County: 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 22, 2000, 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 ,water arrears after the levy thereof as follows: Judicial and County Taxes $24,348,402.00 Town and Town District Taxes 12,603,015.00 Charges for Services 300.00 Exemptions removed -0- Water arrears -0- 20 March 22, 2000 $36,9511717.00 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. 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 22"d day of March 2000. APPROVAL OF MINUTES -January 12, 2000 - March 3, 2000 (Special Meeting) On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meetings of January 12 and March 3, 2000 as amended. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye SUPERVISOR REPORTS Supervisor O'Keeffe recommended that people make sure there are no old tires, cans or standing puddles around the area because that is the type of environment in which the mosquito carrying West Nile Virus tends to proliferate. She said the County would be spraying what is believed to be completely safe larvicide by licensed and trained personnel. Rather lengthy discussion then took place about the mosquito problem. ADJOURNMENT The Supervisor said that the next scheduled meetings would be April 5 and April 26. On motion of Councilwoman Wittner, seconded by Councilwoman Myers the meeting was adjourned at 11:30 PM. Submitted by 21 March 22, 2000 Patricia A. DiCioccio, Town Clerk \\CLERKSERVER\SERVER\Documents\M i nutes\2000m i nfl03-22-00x.doc 22