HomeMy WebLinkAbout2003_07_09 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 JULY 9, 2003 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
William Maker, 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 -Amend Overnight Parking Regulations - Town Parking Lot#1
The following Public Hearing Notice was placed into the record.
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town
of Mamaroneck on July 9, 2003, at 8:15 PM or as soon thereafter as is possible, in the
Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to
consider adoption of a local law entitled "Hours of Permitted Use of Parking Lot No. 1 in
the Town of Mamaroneck" Law.
The purpose of this local law is to change the hours when parking is allowed in Parking
Lot No. 1. No vehicles shall be parked in Parking Lot No. 1 between the hours of 3:00 AM
and 5:00 AM (prevailing time). Vehicles may be parked in Parking Lot No. 1 at other
times during the day.
The Attorney explained many commuters take trains earlier than 6:00 AM. They would,
therefore, be subject to tickets when parking in this lot. It seems reasonable to change
the hours to better comply with the normal usage of permit holders.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing was
declared open.
The Supervisor asked if anyone wished to speak on this matter. No one came forward to
speak.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing was
declared closed.
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, that 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); and
July 9, 2003
BE IT FURTHER
RESOLVED, that the Town Board hereby declares itself
to be lead agency with respect to the proposed actions.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the following
Local Law was adopted:
Local Law No. 15 -2003
This local law shall be known as the "Hours of Permitted Use of Parking Lot No.
1 in the Town of Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 - Purpose
Parking Lot No. 1 is the Town-owned parking lot that is closest to the
Larchmont railroad station. Recently, it has come to the Town Board's attention
that commuters park in that lot prior to 6:00 AM in order to travel on the early
trains leaving for New York City. Currently, it is illegal to park in Parking Lot No.
1 prior to 6:00 AM. Since such a restriction imposes an unreasonable and
unnecessary burden upon the commuters and confers no benefit to the Town
as a whole, this law is being enacted to change the hours when parking is
permitted in Parking Lot No. 1.
Section 2 -Amendment to an Existing Section of the Code of the Town of
Mamaroneck
Section 147-4 of the Code of the Town of Mamaroneck hereby is amended by
deleting it in its entirety and substituting the following in its place:
§ 147-4. Hours of permitted use.
A. The hours of permitted use of Lot Nos. 1, 2, 3 and 4 shall be established by
the Town Board from time to time either by resolution or by local law.
B. Notwithstanding any other law regarding the hours when parking is
forbidden, no vehicles shall be parked in Parking Lot No. 1 between the hours
of 3:00 AM and 5:00 AM (prevailing time). Vehicles may be parked in Parking
Lot No. 1 at other times during the day.
Section 3 - Signs to be Erected
An appropriate sign or signs shall be erected in and/or at the entrances to
Parking Lot No. 1.
Section 4 - Severability
Should any court of competent jurisdiction declare any provision of this Local
Law invalid or unconstitutional, such declaration of unconstitutionality or
invalidity shall not affect any other provisions of this Local Law, which may be
implemented without the invalid or unconstitutional provisions.
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July 9, 2003
Section 5 - Effective Date
This Local Law shall become effective on the date that it is filed in the office of
the Secretary of State
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe at 8:45 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
1. Fire Claims:
Commissioner Seligson presented fire claims for authorization of payment. Thereafter on
Commissioner Seligson's 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:
Avaya $ 30.45
R. G. Brewer 294.89
Con Edison 1.94
Con Edison 208.91
Fire Hooks, Unlimited 484.65
IOS Capital 355.78
Motorola Communications Enterprise 38.43
Nextel 164.53
Supreme Auto Spa of Larchmont 135.00
Supreme Auto Spa of Larchmont 150.00
Verizon 419.99
Verizon Wireless 13.61
Westchester Joint Water Works 89.68
TOTAL j2a87.86
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
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July 9, 2003
Councilwoman Myers said the parade in the Village of Mamaroneck was wonderful, and
she wondered if the Town Fire Department had won any awards.
There being no further business to come before the Commission, on motion made and
seconded, the Commission unanimously adjourned at 8:50 PM.
AFFAIRS OF THE TOWN
1. Appointments
Mr. Maker explained this part of the Code has been changed to include the Board of
Appeals, the Planning Board and the Recreation Commission. He said in laying out the
designation to the member positions they were done alphabetically with the Chairs being
re-appointed, with the exception of the Recreation Commission whose members select
their own chair. He left blank spaces to indicate vacancies.
Board of Appeals
(5 members, 1 Alternate)
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the appointments of Thomas Gunther as the
Chairperson of the Board of Appeals and of Linda Harrington, Jillian
Martin, Arthur Wexler and Paul Winick as members of that Board
are revoked effective immediately; and
BE IT FURTHER
RESOLVED, that Thomas Gunther is appointed to the position of
Member A of the Board of Appeals; Linda Harrington is appointed to
the position of Member B of the Board of Appeals; Jillian A. Martin
is appointed to the position of Member C of the Board of Appeals;
Arthur Wexler is appointed to the position of Member D of the Board
of Appeals; Paul Winick is appointed to the position of Member E of
the Board of Appeals; John Anthony Ortiz is appointed to the
position of Alternate Member A of the Board of Appeals; and
is appointed to the position of Alternate
Member B of the Board of Appeals; and
BE IT FURTHER
RESOLVED, that the foregoing appointments shall be effective
immediately upon the appointee taking and subscribing the oath
mandated by section 25 of the New York Town Law; and
BE IT FURTHER
RESOLVED, that in accordance with Chapter 5 of the Code of the
Town of Mamaroneck the term of office of:
Member A of the Board of Appeals shall expire on December 31, 2003;
Member B of the Board of Appeals shall expire on December 31, 2003;
Member C of the Board of Appeals shall expire on December 31, 2004;
Member D of the Board of Appeals shall expire on December 31, 2004;
Member E of the Board of Appeals shall expire on December 31, 2005;
Alternate Member A of the Board of Appeals shall expire on December 31,
2005; and Alternate Member B of the Board of Appeals shall expire on
December 31, 2005; and
BE IT FURTHER
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July 9, 2003
RESOLVED, that Thomas Gunther, shall serve as the Chairperson
of the Board of Appeals for the year 2003.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
Planning Board
(7 members, 1 Alternate)
On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was
RESOLVED, that the appointments of Marilyn Reader as the
Chairperson of the Planning Board and of C. Alan Mason, Mary W.
Aisen, Robert A. Cohen, Edmund R. Papazian, Edward W. Jacobson
and Mark H. Rosenbaum as members of that Board are revoked
effective immediately; and
BE IT FURTHER
RESOLVED, that Mary W. Aisen is appointed to the position of
Member A of the Planning Board; Robert A. Cohen is appointed to
the position of Member B of the Planning Board; Edward Z.
Jacobson is appointed to the position of Member C of the Planning
Board; C. Alan Mason is appointed to the position of Member D of
the Planning Board; Edmund R, Papazian is appointed to the
position of Member E of the Planning Board; Marilyn Reader is
appointed to the position of Member F of the Planning Board;
Marc H.. Rosenbaum is appointed to the position of Member G of
the Planning Board; John Anthony Ortiz is appointed to the position
of Alternate Member A of the Planning Board; and No one is
appointed as Alternate Member B of the Planning Board; and
BE IT FURTHER
RESOLVED, that the foregoing appointments shall be effective
immediately upon the appointee taking and subscribing the oath
mandated by section 25 of the New York Town Law; and
BE IT FURTHER
RESOLVED, that in accordance with Chapter 5 of the Code of the
Town of Mamaroneck the term of office of:
Member A of the Planning Board shall expire on December 31, 2003;
Member B of the Planning Board shall expire on December 31, 2003;
Member C of the Planning Board shall expire on December 31,2003;
Member D of the Planning Board shall expire on December 31,2004;
Member E of the Planning Board shall expire on December 31,2004;
Member F of the Planning Board shall expire on December 31, 2004;
Member G of the Planning Board shall expire on December 31, 2005
Alternate Member A of the Planning Board shall expire on December 31, 2005; and
Alternate Member B of the Planning Board shall expire on December 31, 2005; and
BE IT FURTHER
RESOLVED, that Marilyn Reader shall serve as the Chairperson of
the Planning Board for the year 2003.
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July 9, 2003
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
2. Resolution - Indian Point
The Supervisor explained she had received a letter from the Indian Point Safe Energy
Coalition requesting passage of a resolution on the safety of Indian Point. It read as
follows:
"Dear Mamaroneck Town Board Members:
Enclosed you will find a letter from elected officials of our region to Michael
Brown, Under Secretary of the Federal Emergency Management Agency(FEMA).
The Indian Point Safe Energy Coalition (IPSEC) is calling on the elected officials of
our region to continue protecting the residents living within the 50 mile radius of
Indian Point. We thank you for the support you have already given to this effort.
We anticipate that FEMA will soon be issuing its decision on the adequacy of the
Indian Point evacuation plan. Therefore, we are asking you to sign the attached
letter to FEMA so that the federal agency will hear from the elected officials of this
region before making its ruling.
FEMA has delayed ruling on whether the evacuation plan for Indian Point is
adequate, because the four counties surrounding the plant, as well as the State
Emergency Management Office, did not send their paperwork approving the plan,
based on the Witt Report.
As you may know, Governor Pataki commissioned former head of FEMA, James
Lee Witt, to study the evacuation plans for Indian Point. One of the conclusions of
the report was that the plan is not adequate to protect public health and safety.
We ask that you fax back a signed copy to (845) 371-3721 or call Susan Shapiro at
(845) 371-2100 within the week, if you agree to sign onto the letter. Your
cooperation is greatly appreciated.
Sincerely yours,
Nancy ??????????
Indian Point Safe Energy Coalition"
Councilwoman Seligson commented that most people in Westchester agree the
evacuation plan is not workable.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following
resolution was adopted.
We, the Town Board of the Town of Mamaroneck, are elected
officials whose responsibilities include protecting the health and
safety of the citizens whom we represent. We believe it would be an
act of gross negligence and a violation of the Federal Emergency
Management Agency's (FEMA) responsibility, if FEMA were to
certify the current radiological evacuation plan for Indian Point
which clearly does not meet the required standard of being
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July 9, 2003
"adequate to protect the public health and safety" of the citizens of
our region.
In August 2002, Governor George Pataki commissioned a
comprehensive study to be conducted by the former Director of
FEMA, James Lee Witt, who has extensive credentials and
experience as a nuclear emergency planner.
The study was conducted over several months and involved
technical and personal evaluations. The results of that study were
released in January 2003 and stated that the current evacuation
plan is "inadequate to protect the public from an unacceptable dose
of radiation." Further, the report specifically says that the plan
would be even less effective if the radiation release exceeded the
design basis threat.
Among the findings of the Witt Report are that there is a lack of
belief in the plan by first responders, that the plan ignores the
likelihood of shadow evacuation and that the plan is predicated on
the belief that citizens will adhere to plan protocols rather than take
the actions that they intuitively feel will best protect themselves and
their families, such as attempting to retrieve their children from
schools as they did on 9/11.
Mr. Witt also has stated that during its September drill, FEMA's
assumptions regarding traffic and public reaction were not realistic,
and that there were communications problems even under the
limited assumptions used in the drill.
The President of the United States has specifically identified
domestic nuclear plants as active targets of anti-US terrorists.
Indian Point represents a uniquely attractive target because it is
situated in the most densely populated area in the United States,
with over 20 million residents within a fifty-mile radius, in close
proximity to the financial capital of the United States and the West
Point Military Academy.
Given the new threat environment we now face and the
preponderance of evidence that the evacuation plan is wholly
unworkable and unfixable, we call on FEMA to formally withdraw its
approval and withhold certification of the evacuation plan and start
the 120-day clock in accordance with FEMA Rule 44 of the Code of
Federal Regulations Part 350.13.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
3. Authorization - Escrow Agreement - Forest City Daly
Mr. Altieri explained the Town had retained Buckhurst, Fish & Jacquemart as consultants
for this project with the intent that the developer, Forest City Daly, would pay the costs.
Forest City Daly has asked if the money could be paid to the consultants on an
installment basis, with a cap of$40,000.
Councilwoman Myers asked if the cost exceeded $40,000, would the Town have to bear
the cost. Mr. Altieri said no. The Attorney added there is no ceiling, if there are more
costs, Forest City Daly would have to pay it.
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July 9, 2003
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby authorize
the Escrow Agreement between the Town and Forest
City Daly; 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
4. Authorization - Section 125 Cafeteria Plan - Employee Health Insurance
The Administrator said this plan would allow the Town to adopt the premium only
portion of this code, which would mean the employees would not pay federal income
taxes, New York State or FICA taxes on that portion which is paid by the employee
toward their premiums on health Insurance.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following
resolution was adopted.
WHEREAS a Section 125 Plan, also legally known as a "cafeteria
plan," allows employee health, life, dental, vision care, prescription
drugs and disability contributions and deposits to flexible benefit
spending accounts to be made with pre-tax dollars within the
guidelines established for such plans in Internal Revenue code
Section 125; and
WHEREAS a Premium Only Conversion Plan is a type of Section
125 Plan where the only benefits accorded the pre-tax treatment are
employee contributions toward health, life, dental, vision care,
prescription drugs and disability; and
WHEREAS under the Premium Only Plan Town employees would
not pay federal income tax or FICA taxes on their contributory
share of premiums and would also be exempt from New York State
income tax; and
WHEREAS the Town would also be excused from matching FICA
taxes and would not be required to take on the additional costs and
burdensome procedure of a full blown cafeteria plan; and
WHEREAS such a Premium Only Plan can easily be implemented,
documented, and maintained by the Town's payroll provider, ADP.
NOW THEREFORE, BE IT
RESOLVED, that authorization is granted to the Town Administrator
to implement a Premium Only Conversion Plan for the employees of
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July 9, 2003
the Town, through the ADP payroll provider, consistent with Internal
Revenue Code Section 125.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
5. Authorization Software Services Agreement - Building Department
The Administrator stated this agreement, if approved, would provide a specially designed
software package for the Building Department. The software is known as Govxcel which
is a Windows-based software program designed for Building and Engineering
Departments and allows for the inputting of permit application into a database. This also
will allow the information to be shared with other departments. Approval is requested to
enter into an agreement with Mitchell Humphrey Accounting Software Company to
provide software for the Building Department.
The building and zoning codes will also be on the system and should help with code
enforcement. The cost for the software is $13,500, and $3000 in addition for training of
personnel and for converting all of existing data in the Building Department. There will
be an annual maintenance fee of$3,000.
The Supervisor said she had spoken to Ron Carpaneto at length regarding the
advantages of this program. He seemed to think it would be a big advantage to his
office.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby authorize
the agreement between the Town and Mitchell Humphrey
Accounting Software Company to provide software for
the Building Department at a cost of$13,500 plus an
additional $3,000 for training of conversion of all existing
date, 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
6. Authorization - Sale of Surplus Equipment
The Administrator noted the items for auction will have no minimum set since the last
time we ended up not selling some of the equipment because the bids didn't meet the
minimum.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was
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July 9, 2003
RESOLVED, that the Town Board does hereby authorize
following vehicles to be auctioned at the Village of
Scarsdale Public Works garage on August 2, 2003:
FLEET# YEAR MAKE MODEL VEHICLE ID# MILES CONDITION
11 1999 FORD CROWN VICTORIA 2FAFP71W4XX200253 47,338 FAIR
12 1999 FORD CROWN VICTORIA 2FAFP71W6XX200254 56,617 WRECKED
13 1999 FORD CROWN VICTORIA 2FAFP71W8XX200255 48,528 FAIR
18 2000 FORD CROWN VICTORIA 2FAFP71W3YX179008 37,418 FAIR
19 2001 FORD CROWN VICTORIA 2FAFP71W91X136573 22,096 WRECKED
93 1994 FORD CROWN VICTORIA 2FALP71W7RX197144 60,288 POOR
205 1993 FORD CROWN VICTORIA 1 FDKF37H4PNA32172 22,961 POOR
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
7. Salary Authorizations - Recreation
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, that as provided for in the 2003 Town
Budget the Town Board does hereby authorize the
payment of salary to the following:
HOMMOCKS PLAYGROUND
Richard Gardner Assistant Sports Specialist $370.00/week
Tiffany Segreti Lifeguard $ 9.50/hour
Dustin Congello Counselor $195.00/week
Dwayne Dunlop* Counselor $285.00/week
Bridget Frey Counselor $229.00/week
Latanya Greaves* Counselor $255.00/week
Benny Greenstein Counselor $201.00/week
Celine Lefebvre Counselor $211.00/week
Daniel Lockwood Counselor $201.00/week
Juanita Mtchell* Counselor $225.00/week
Keija Ponticello Counselor $276.00/week
Gabriel Smedresman Counselor $215.00/week
Amanda Sosa* Counselor $245.00/week
Danielle Vitta Counselor $190.00/week
Michael Dearwester Junior Counselor $154.00/week
Robert Spedafeno Junior Counselor $154.00/week
MONROE PRE SCHOOL
Suzanne Carlin Music Specialist $ 19.00/hour
Beatrice Weinberger Program/Activity Specialist $ 19.00/hour
Alex Rapp E.M.T. $ 8.00/hour
Charles Beale Counselor $135.00/week
John Feigherg Counselor $135.00/week
Erwin Mazariegos Counselor $135.00/week
Justin Mitchell Counselor $151.00/week
Rebecca Roberts Wolfe Counselor $140.00/week
MUSIC WORKSHOP
Kathleen Mulcahy Counselor $140.00/week
*Transferred from Pre School
CENTRAL PRE SCHOOL
Biju Panicker E.M.T. $ 9.00/hour
Annette Ballone Counselor $150.00/week
Elsa Brewer Counselor $160.00/week
Anthony Segno Counselor $140.00/week
Martha Silvestre Counselor $150.00/week
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July 9, 2003
RECREATION OFFICE
Jessica Lopez Office Aide $ 8.50/hour
HOMMOCKS POOL
Casey Topol Swim Instructor $18.00/hour
Melissa Weaver Bubble Babies Instructor $17.00/session
Leticia Garcia Matron —Women's Locker room $10.50/hour
Murlena Garcia Matron —Women's Locker room $10.50/hour
Sarah Spader Lifeguard $10.75/hour
HOMMOCKS PLAYGROUND
Julie Brown Counselor $150/week
TENNIS INSTRUCTION
Samuel LaRussa Instructor $ 9.00/hour
Adam Goldberg Instructor $10.00/hour
HOMMOCKS POOL
Ann Anderson Lifeguard $ 9.75/hour
Stephanie Allen Lifeguard $11.75/hour
Swim Instructor $18.00/hour
Eric Brandom Lifeguard $ 9.50/hour
Jen Fatato Manager $16.00/hour
Brian Fay Lifeguard-Early Morning Swim $25.00/session
Alternate Lifeguard $11.75/hour
John Keenan Manager $17.00/hour
Andrea Patterson Lifeguard $ 8.50/hour
Cindy Scholz Lifeguard $ 8.50/hour
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
8. Adoption of 2004 Budget Calendar
Mr. Altieri said he had prepared the schedule for the budget sessions, adding it was
flexible and subject to change, as well as the possibility of more meetings if necessary.
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby authorize
the adoption of the budget calendar for preparation of the
2004 Town Budget subject to change as follows:
Monday, July 21, 2003 Issue work papers to Department Heads
Friday, September 12, 2003 Submission of Budget Requests by Dept. Heads
September 15—September 26, 2003 Departmental Budget Review by Budget Officer
Wednesday, October 15, 2003 Presentation of 2004 Tentative Budget to Town
Board
Wednesday, October 22, 2003 Public Work Session —Overview of Tentative Budget
Friday, October 31, 2003 Public Work Session —Operating Departments
Wednesday, November 12, 2003 Public Work Session —Capital Budget
Wednesday, December 3, 2003 Preliminary Budget Public Hearing
Wednesday, December 17, 2003 2004 Budget Adoption
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
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July 9, 2003
O'Keeffe - Aye
11. Resolution - Equalization Rates
Supervisor O'Keeffe said she had received a letter from the City of Peekskill on the
equalization rates. It pointed out if 89% of the communities do reassessment then all
would do it, but we never got to 80% - Town of Pelham has finished, Town of Rye is
inventorying, our Town's Assessment Committee has urged us to reassess.
Mr. Altieri explained how the equalization rate was not a fair representation of market
value, and if adopted, this resolution endorses a separate rate for commercial properties.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following
resolution was adopted:
WHEREAS, the methodology used by the State of New
York Office of Real Property Services in calculating
Equalization Rates is appropriate for the majority of
municipalities and communities throughout the State
of New York; however, this methodology clearly
provides a misleading rate, which artificially inflates
the values of commercial property specifically
throughout the County of Westchester; and
WHEREAS, the potential financial impact of said
Equalization Rates presents a devastatingly negative
impact by opening municipal government to copious
and unnecessary litigation through certiorari
proceedings; and
WHEREAS, Westchester County has experienced a
rapid increase in its housing market with estimates of
home values increasing fifteen to twenty percent in the
past year alone; and
WHEREAS, Westchester County has not experienced
an increase in the value of commercial and rental
properties but in some areas has actually endured a
decrease in value; and
WHEREAS, it is the opinion of the Town of
Mamaroneck that the current Equalization Rates will
unreasonably shift the tax burden from commercial
properties to residential properties; and
WHEREAS, The Town of Mamaroneck believes it in the best
interest of the residents and taxpayers of the County of
Westchester that the Legislature of the State of New York
earnestly compel the State of New York Office of Real
Property Services to review the appeals set forth by the
twenty-five municipalities of the County of Westchester and
to investigate, examine and modify the procedures and
methodology of the Equalization Rate process in
Westchester County to ensure fairness and equity in the
distribution of real property taxes by creating a Commercial
Assessment Ratio in the same manner that the Real Property
Tax Law provides a residential ratio; and
WHEREAS, The Town of Mamaroneck further believes it
imperative that the Legislature of the State of New York and
the State of New York Office of Real Property Services move
to impose a moratorium on the 2002 Equalization Rates and
revert these rates to the previous year's Equalization Rate
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July 9, 2003
for those municipalities in the County of Westchester in need
of such preventative measure.
NOW THEREFORE, BE IT
RESOLVED, that the Town of Mamaroneck does and hereby
ardently petitions the Legislature of the State of New York,
and the Governor of the State of New York to amend the
State of New York Real Property Tax Law to impose a
moratorium on the 2002 Equalization Rates and revert these
rates to the previous year's Equalization Rate for those
municipalities in the County of Westchester in need of such
preventative measure; and
BE IT FURTHER,
RESOLVED, that the Legislature of the State of New York
earnestly compel the State of New York Office of Real
Property Services to review the appeals set forth by the
twenty-five municipalities of the County of Westchester and
to investigate, examine and modify the procedures and
methodology of the Equalization Rate process in the County
of Westchester to ensure fairness and equity in the
distribution of real property taxes by creating a Commercial
Assessment Ratio in the same manner that the Real Property
Tax Law provides a residential ratio; and
BE IT FURTHER,
RESOLVED, that the City Clerk be and is hereby authorized
to forward a copy of this resolution to State of New York
Governor George Pataki, the Clerk of the State of the New
York Senate, the Clerk of the State of the New York
Assembly, each Supervisor and Mayor in the Twenty-five
municipalities in Westchester County and The Westchester
County Assessors Association.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
11. Authorization -Amend Zoning Ordinance
The Supervisor said they were adding this item to the agenda. It is a proposed
amendment to the design elements in the business district which has to be referred to
the planning Board.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Attorney be hereby authorized
to refer the proposed amendment to the Zoning Ordinance
which would add design elements to the business district
to the Planning Board for review, as required by law; and
BE IT FURTHER,
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July 9, 2003
RESOLVED, that the Town Board does hereby set the date
for public hearing on the "Amendment to the Zoning
Ordinance" for September 16, 2003; 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 said notice be so posted.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
12. Authorization - Extension of Moratorium date - Refer to Planning Board
On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Attorney be hereby authorized
to refer the proposed extension of the Moratorium Law to
December 31, 2003 to the Planning Board for review, as
required by law.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
13. Set Public Hearing - Extension of Moratorium
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board does hereby set the
date for public hearing on the Extension of the
Moratorium on Development along a section of the
Boston Post Road for September 3, 2003 at 8:15 PM in
the Court Room of the Town Center; 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.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
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July 9, 2003
O'Keeffe - Aye
14. Approval of Certiorari
Mr. Maker recommended the settlement of Certiorari for Heathcote Manor.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby authorize
the settlement of the following certiorari as
recommended by the Town Attorney, William Maker, Jr.:
Heathcote Manor
412 Munro Avenue
Block: 915, Lot: 282
Town of Mamaroneck/Village of Mamaroneck
Year Assessment Reduced To Amount of Reduction
1996 $63,600 $63,600 $ -0-
1997 $63,600 $63,600 $ -0-
1998 $63,600 $63,600 $ -0-
1999 $63,600 $63,600 $ -0-
2000 $63,600 $51,600 $12,000
2001 $63,600 $48,600 $15,000
2002 $63,600 $47,600 $16,000
The cost to the Town will be approximately $5,600.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
Approval of Minutes - deferred
REPORTS OF COUNCIL
Councilman Odierna said the Concert held on Monday evening was fun; a Doo Wop
group performed. It was moved to Hommocks because of rain. He reminded everyone
the concerts will be held Mondays nights in July; the next performance will be a Beatles
tribute. There will be a family day at the pool on July 27th° there will be hot dogs & other
refreshments; the cost is $1.00.
Councilwoman Wittner reported both she and the Supervisor attended a meeting with the
Army Corp of Engineers on building for the Habitat for Humanity. She added there was a
program at Pace on strong mayor vs. strong manager form of government.
Councilwoman Myers said the Board of Architectural Review met last week and approved
the plans for the VAC building.
Councilwoman Seligson said the Planning Board meeting being held tonight was
conflicting with this Town Board meeting. And in June, she had marched in the Village
of Mamaroneck Firemen's Parade.
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July 9, 2003
Supervisor O'Keeffe read the following proclamation in honor of Monsignor Boyd - Sts.
John & Paul Church
PROCLAMATION
REVEREND MONSIGNOR JOSEPH J. BOYD
CHURCH OF SAINTS JOHN AND PAUL
WHEREAS, Monsignor Joseph J. Boyd has served as spiritual leader at the Church
of Saints John and Paul since January 1985. He was ordained a priest on June 3,
1950 by Cardinal Spellman at St. Patrick's Cathedral, New York City, and
WHEREAS, Monsignor Boyd has served with dedication and distinction as
Chaplain of the Town of Mamaroneck Fire Department, and
WHEREAS, Members of our community irrespective of faith, color or socio-
economic status have regarded Monsignor Boyd as a unifying force and
exceptional leader in his tireless efforts to bring people together through love and
understanding; and
WHEREAS, While Monsignor Boyd's departure leaves us with a deep sense of loss,
it also allows us the opportunity to grow and build upon the good will and sense of
community he has instilled in all those who have been fortunate enough to know
him. May we continue to work for mutual respect which is his legacy to us.
NOW THEREFORE, BE IT
RESOLVED, that 1, Valerie Moore O'Keeffe, Supervisor, and the members of the
Town Council of the Town of Mamaroneck do hereby proclaim Sunday, June 29,
2003 as Joseph J. Boyd's Day in the Town of Mamaroneck in recognition of his
caring ministry and ecumenical advocacy through the years which helped to draw
all in our community closer together.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
Town of Mamaroneck to be affixed this 29th day of June 2003.
She said he was retiring and moving to Riverdale; his replacement's name is Sullivan.
The Supervisor said that the next scheduled meetings would be August 4 and July 31,
2003.
ADJOURNMENT
On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the meeting
was adjourned at 10:45 PM .
Submitted by
Patricia A. DiCioccio, Town Clerk
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