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HomeMy WebLinkAbout2003_08_04 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 AUGUST 4, 2003 AT 8:15 PM IN THE SENIOR CENTER 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, Jr., Town Attorney CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:20 PM, who then pointed out the location of exits. PRESENTATION - Larchmont Library Director - Library Card Drive Diane Courtney, Head Librarian from the Larchmont Library was introduced. She said beginning in September every year there is a promotion to get everyone to sign up for a library card. This year Nancy Donovan, in charge of Public Relations, is here to present each of the Council members with a enlarged library card to help launch the promotion. The Supervisor thanked them for their efforts and for the cards. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 8:25 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 Wittner presented fire claims for authorization of payment , thereafter on Commissioner Wittner's motion, seconded by Commissioner Seligson, 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 as amended: August 4, 2003 AAA Emergency $ 70.00 AAA Emergency 320.98 AAA Emergency 163.80 AT&T 185.75 AT&T 175.31 Avaya 60.90 Avaya 30.45 Con Edison 162.49 D'Agostino Clothiers & Tailors 102.00 Excelsior Garage & Machine Works 3,896.10 IOS Capital 178.09 Lawrence Heat& Power Corp. 119.54 Michael Acocella 1,077.49 Nautilus Diner 125.70 Nextel 170.74 Nick Condro 600.00 Poland Spring 53.97 Redwood 190.00 Staples 221.59 Supreme Auto Spa 100.00 Town of Mam'k Professional Fire Fighters 220.08 Town of Mam'k Professional Fire Fighters 330.12 Tri-City Auto Parts 99.93 Verizon 406.03 Verizon Wireless 13.05 Westchester Elevator 170.00 Westchester Elevator 170.00 Westchester Joint Water Works 100.00 911 Wear, Inc. 580.00 911 Wear, Inc. 594.00 TOTAL $10,688.11 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Resolution - Fire Department Referendum Councilman Odierna explained the history on why this had become necessary, saying that when the firehouse was rebuilt a few years ago a leak started in the roof which was not picked up until it was too late to take recourse. This Bond referendum would be for$188,000. There will be a special vote on this held on September 17, 2003 at the Weaver Street Firehouse, beginning at 6:00 pm and closing at 9:00 PM. Residents of the Unincorporated area of the Town are eligible to vote on this. After discussion, the Board adopted the following resolutions Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York Partial Reconstruction of the Weaver Street Fire House $188, 000 Serial Bonds At a regular meeting of the Board of Fire Commissioners of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, held at the Mamaroneck Town Center, in Mamaroneck, New York, in the Fire District, on the 4th day of August, 2003, at 8:30 o'clock P.M., Prevailing Time. 2 August 4, 2003 The meeting was called to order by Commissioner O'Keeffe called, and upon roll being called, the following were PRESENT: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson The following resolution was offered by Commissioner Wittner, who made its adoption, seconded by Commissioner Odierna, to-wit: A RESOLUTION AUTHORIZING THE PARTIAL RECONSTRUCTION OF WEAVER STREET FIRE HOUSE, IN AND FOR THE MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $188,000, AND AUTHORIZING THE ISSUANCE OF $188,000 SERIAL BONDS OF THE FIRE DISTRICT TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Board of Fire Commissioners has determined will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York (the "Fire District"), as follows: Section 1. The partial reconstruction of the Weaver Street Fire House, including incidental improvements and expenses thereof, for the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, is hereby authorized at a maximum estimated cost of$188,000. Section 2. It is hereby determined that the plan for the financing of such specific object or purpose is by the issuance of$188,000 serial bonds of the Fire District, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds 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 bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in the Fire District, a tax without limitation as to rate or amount sufficient to pay the principal of and interest on such bonds as the same become due and payable. 3 August 4, 2003 Section 5. 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 Fire District Treasurer, 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 Fire District Treasurer, consistent with the provisions of the Local Finance Law. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Fire District Treasurer 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 Fire District Secretary. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, including private sale of the bonds, are hereby delegated to the Fire District Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Fire District; 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 Fire District Treasurer 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 Fire District by the facsimile signature of its Fire District Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Fire District), 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 Fire District Treasurer. It is hereby determined that it is to the financial advantage of the Fire District 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 Fire District Treasurer 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 the Fire District 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 4 August 4, 2003 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 , which is hereby designated as the official newspaper of the Fire District for such purpose, together with a notice of the Fire District Secretary in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to the approval of the qualified votes of the Fire District a special election of the Fire District to be held on the 17th day of September, 2003. 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. The following resolution was offered by Commissioner Wittner, who moved its adoption, seconded by Commissioner Seligson, to-wit: BE IT RESOLVED, by the Board of Fire Commissioners of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A special election of the qualified voters of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, is hereby authorized to be held on the 17th day of September, 2003, at Weaver Street Firehouse, 205 Weaver Street in the Town of Mamaroneck , in the Fire District, between the hours of 6:00 o'clock P.M., and 9:00 o'clock PM., Prevailing Time, for the purpose of voting by ballot on the adoption or rejection of the bond resolution heretofore adopted at this meeting. Section 2. The notice of such special election shall be in substantially the following form, to-wit: NOTICE OF SPECIAL ELECTION MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK NOTICE IS HEREBY GIVEN that, pursuant to Section 38.00 of the Local Finance Law and Section 179 of the Town Law, a special election of the qualified voters of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, will be held on the 17th day of September, 2003, at 205 Weaver Street, in Mamaroneck, New York, in the Fire District, between the hours of 6:00 o'clock P.M., and 9:00 P.M., Prevailing Time, for the purpose of voting by ballot on the adoption or rejection of the resolution. 5 August 4, 2003 STATE OF NEW YORK ) )SS COUNTY OF WESTCHESTER ) I, the undersigned Secretary of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Board of Fire Commissioners of the Fire District, including the resolutions contained therein, held on August 4, 2003, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. RESOLUTION DESIGNATING THE CHAIRMAN AND INSPECTORS OF ELECTION OF THE MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, subdivision 1 of Section 175 of the Town Law authorizes the board of fire commissioners of any fire district to designate a resident fire district elector to serve as chairman of a special election and not less than two nor more than four resident fire district electors to act as election inspectors and ballot clerks at each polling place; and WHEREAS, any such resolution must also fix the compensation of such chairman and such inspectors; NOW THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The following resident fire district electors of the Fire District who are not officers of the Fire District, are hereby designated to act as election officers, respectively indicated below, at the special Fire District election to be held on September 17, 2003: Chairman of Election: Carole Hoffman Inspectors: Sheldon Hoffman Maryanne Leitner Pincus Leitner In the case any of the election officers appointed herein are unable to, or refuse to assume or perform the duties required of them, this Board of Fire Commissioners will appoint alternates who are resident electors. Section 2. The persons named above shall be paid the sum of$ 50.00 each for their services. Section 3. If clerical help is deemed necessary, this Board of Fire Commissioners will consider the appointment of such clerical persons upon request of the Chairman of the Fire District Board of Elections. Section 4. This resolution shall take effect immediately. 6 August 4, 2003 The above resolutions were put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Seligson, the Commission unanimously adjourned at 8:55 PM. AFFAIRS OF THE TOWN 1. Appointments - Recreation Commission Councilwoman Wittner said although William Paonessa has been an excellent member of the Recreation Commission, that as an elected official he should resign, as officials normally do not sit as members of boards and commissions. Councilwoman Myers agreed, saying she wished he would resign. Councilman Odierna said Mr. Paonessa is an excellent member and the matter should be dropped. Councilwoman Seligson said she thought we should go with the original order of the appointments and then revamp the ordinance to state elected officials should not serve on the board and commissions. On motion of Councilwoman Myers, seconded by Councilman Odierna, it was RESOLVED, that the appointments of Richard Conlan, Terry S. Rinaldi, James Druker, William Paonessa, Rosemary Duffy and Rita Plansky as members of the Recreation Commission are revoked effective immediately; and BE IT FURTHER RESOLVED, that Richard Conlan is appointed to the position of Member A of the Recreation Commission; James Druker is appointed to the position of Member B of the Recreation Commission; Rosemary Dufficy is appointed to the position of Member C of the Recreation Commission; William J. Paonessa is appointed to the position of Member D of the Recreation Commission; Rita Plansky is appointed to the position of Member E of the Recreation Commission; Terry Rinaldi is appointed to the position of Member F of the Recreation Commission; and is appointed to the position of Member G of the Recreation Commission; 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 Recreation Commission shall expire on December 31, 2003; Member B of the Recreation Commission shall expire on December 31, 2003; 7 August 4, 2003 Member C of the Recreation Commission shall expire on December 31, 2003; Member D of the Recreation Commission shall expire on December 31, 2004; Member E of the Recreation Commission shall expire on December 31, 2004; Member F of the Recreation Commission shall expire on December 31, 2004; Member G of the Recreation Commission shall expire on December 31, 2005. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye O'Keeffe - Aye Wittner - Nay 2. Resolution - Draft Environmental Impact Statement - Forest City Daly The Attorney explained there had been a meeting held with representatives of FCD regarding the draft environmental statement where all members had commented on the document. Our consultants also commented, as did staff. It was determined there were inadequacies and the Town Administrator has been requested to inform them the DGEIS is inadequate. Councilwoman Seligson said she wants to make sure this document addresses all the issues important to the Town. Councilman Odierna said there were two documents submitted but it is difficult to determine what it means, difficult reading. Councilwoman Myers commented she had learned a great deal about these types of documents from her encounter with IKEA. On motion of Councilman Odierna, seconded by Councilwoman Wittner the following resolution was adopted: WHEREAS, on June 23, 2003, Forest City Daly Mamaroneck, LLC submitted a proposed Draft Environmental Impact Statement to the Town Board in connection with its application to rezone Block 132, Lots 410, 435,458,463,469, 504, 511 and 521 and Block 132, Lot 300.2 and a portion of Byron Place, all as shown on the tax assessment map of the Town of Mamaroneck and; WHEREAS, the Town Board, as lead agency, has reviewed and studied the proposed DEIS to determine whether it is adequate within the meaning of Section 617.9 (a) of the SEQRA regulations and; WHEREAS, the DEIS also was reviewed by members of the Town staff, and the Town's outside consultants; and WHEREAS, the Town Board conducted a special meeting on July 31, 2003 at which the members of the Board, members of the Town's staff and outside consultants reviewed the proposed DEIS and the comments that each person attending the meeting had regarding the proposed DEIS. 8 August 4, 2003 NOW, on the motion of seconded by Councilman Odierna seconded by Councilwoman Wittner, it is RESOLVED, that the proposed Draft Environmental Impact Statement described in the first paragraph is determined to be inadequate within the meaning of Section 617.9 (a) of the SEQRA regulations; and BE IT FURTHER RESOLVED, that the Town Administrator of the Town of Mamaroneck hereby is directed to transmit to Forest City Daly Mamaroneck, LLC and its consultant, Divney, Tung Schwabbe, LLP, the Town Board's comments in writing regarding the incompleteness and inadequacy of the proposed Draft Environmental Impact Statement. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Authorization - Construction Management Services -VAC Project Mr. Altieri said in June, proposals were received for construction management services in connection with the VAC and Police Department renovations. The Board decided to look at different alternatives to lower the costs because the proposals were too high. We spoke with the two firms who submitted proposals about changing the extent of the work, both reduced their fees as outlined in the Administrator's memorandum. In his memo it states the basis for the reduction is as follows: since the construction drawings are essentially complete, the primary task in the pre-construction phase is the preparation of a final estimate, preparation of the bid specification book, review of the bids and recommendation for contract award. Below is a schedule of the original proposals received as well as the revised proposals. Based upon the revised quotes, the lower price was submitted by Tryana Development Corp. Original Proposals VAC Project Calgi Construction Tryana Development Pre-Construction Phase $ 17,790 $ 33,600 Construction Phase $104,750 $ 86,400 Total Fee $122,540 $120,000 Revised Fee Proposals Calgi Construction Tryana Development Pre-construction Phase $ 7,500 $15,350 Construction Phase $78,561 $ 64,207 Total Fee $86,061 $ 79,557 On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board hereby authorizes that the contract for the VAC building project be awarded to Tyrana Development, the lowest bidder, for construction services at a total cost to the of$79,557; and BE IT FURTHER, RESOLVED, that the Administrator is hereby authorized to execute said contract on behalf of the Town. 9 August 4, 2003 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Authorization - Transfer of Funds - Brookside Drive Bridge Mr. Altieri explained that previously the Board had awarded a contract under an emergency resolution for the repair of the Brookside Drive Bridge at Landsdowne and Valley Stream Road. We now need to make provision for payment of the work which has already begun. He recommended surplus funds be applied in the amount of$55,000. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board hereby authorizes the Town Comptroller to transfer funds in the amount of$55,000 from the unreserved funds of the General Fund to General Town Account A5010.4241 for the repair of the Brookside Drive Bridge. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Ruth Campanella said as a walker she notices the area around Gardens Lake (also known as the Brook) looks like a demolition derby and that there should be better communication between the Town and the residents about what is happening. The Supervisor said to fix "the duck pond" would cost a million dollars, which the Town can not afford at this time, to dredge and then an added issue is where would we put the spoils. There was a discussion of the conditions of the pond, paving, and how the rain was causing more sedimentation. 5. Authorization - Transfer of Funds - Capital Project - Police Vehicles There was a request from the Comptroller for the transfer of funds from the general Fund to the Capital Fund in the amount of$19,600 to purchase vehicles. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board hereby authorizes the Town Comptroller to transfer$19,600 in excess revenue (insurance recoveries) in the General Fund - Part Town to the Capital Fund for Project#22-03, Purchase of Vehicles. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye 10 August 4, 2003 Myers - Aye Wittner - Aye O'Keeffe - Aye 6. Report of Bids - Road Resurfacing - TA-03-4 Mr. Altieri explained bids were opened for the road resurfacing project. He read that the following streets would be paved: Rockingstone Avenue (Dead End) Campbell Lane (Villa Lane to Dead End) Villa Lane Villa Road (Villa Lane to Boulder Road) Knollwood Drive The lowest bid was received from Acocella Contracting, Scarsdale, for$65,550. He recommended this bid be awarded and requested authorization to execute the contract. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, the Town Board of the Town of Mamaroneck hereby authorizes that Contract TA-03-04 for road resurfacing be awarded to Acocella Contracting, Scarsdale, New York, the lowest bidder, to complete the resurfacing of roads at a total cost of$65,550; and BE IT FURTHER, RESOLVED, 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 7. Set Public Hearings - Public Housing Agency 2003 Administrative Plan -Amendment to Noise Ordinance Re: Rock Excavation and Removal -Amend Zoning Ordinance to Establish Design Criteria - B-Business Zone PUBLIC HOUSING AGENCY 2003 ADMINISTRATIVE PLAN The Public Housing Agency is required each year to hold a Public Hearing to present the annual Agency Plan for the following year as prescribed by HUD. Submission date for the Plan is October 1, 2003. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following resolutions were unanimously adopted: 11 August 4, 2003 RESOLVED, that the Town Board does hereby set the date for public hearing on the Public Housing Agency 2003 Administrative Plan September 3, 2002 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. AMENDMENT TO NOISE ORDINANCE RE: ROCK EXCAVATION AND REMOVAL RESOLVED, that the Town Board does hereby set the date for public hearing on the Amendment to the Noise Ordinance regarding rock excavation and removal for September 16, 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. AMEND ZONING ORDINANCE TO ESTABLISH DESIGN CRITERIA - B-BUSINESS ZONE RESOLVED, that the Town Board does hereby set the date for public hearing on Amending the Zoning Ordinance to Establish Design Criteria - B-Business Zone for September 16, 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. 8. Authorization - Collection of School Taxes On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Receiver of Taxes is hereby authorized to receive and collect from the persons named in the Town assessment roll the sum of the school taxes, as set forth in the tax warrant, for the Union Free School Districts in the Town of Mamaroneck and Village of Scarsdale; and BE IT FURTHER RESOLVED, that the monies collected shall be deposited to the credit of the Town of Mamaroneck in the Bank of New York, County Trust Region, Mamaroneck. 12 August 4, 2003 TOWN OF MAMARONECK SCHOOL TAX WARRANT FOR THE YEAR 2003 STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) TO: Receiver of Taxes of the Town of Mamaroneck in said County YOU ARE HEREBY COMMANDED, to receive and collect from several persons named in the assessment roll of the Union Free School District in the Town of Mamaroneck, hereunto annexed and herewith delivered to you, the sum of the School Taxes of said School District set opposite their respective names in accordance with provision of Chapter 852 of the Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 4, 2003. YOU ARE HEREBY COMMANDED, to deposit all such monies so collected by you in virtue of the warrant, to the credit of the Town Of Mamaroneck, in the Bank Of New York, County Trust Region 1 Mamaroneck, as provided by said Chapter 852 of Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and resolution adopted by the Town Board of the Town Of Mamaroneck on August 4, 2003, such taxes being levied against the said School District for the year 2003 for the following purposes, viz.: APPROPRIATIONS Program Component $ 58,272,484.00 Administration Component 7,431,290.00 Capitol Component 16,061,226.00 TOTAL APPROPRIATIONS $ 85,765,000.00 ESTIMATED RECEIPTS Revenue-Other Districts & Governments $ 665,000.00 Revenue form Local Sources 200,000.00 Interest on General Fund Investments 550,000.00 State Aid 4,400,000.00 Refund of Prior Expenses 50,000.00 Appropriated Fund Balance 1,300,000.00 County Sales Tax 725,000.00 TOTAL REVENUES $ 7,565,000.00 TOTAL WARRANT AMOUNT $ 74,200,000.00 LESS AMOUNT TO BE PAID BY STATE (STAR PROGRAM) $ 7,149,105.94 NET AMOUNT TO BE RAISED BY TAXATION $ 67,050,894.06 AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor of the said Town, as required by Chapter 852 of the Laws of 1948 (Title 16), and the acts amendatory thereof, and supplemental thereto, including the amendment made by Chapter 286 of the Laws of 1962 and the resolution adopted by the Town Board of Mamaroneck, on August 4, 2003, the reports provided for by said Law. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of said Town to be hereunto affixed this 4th day August 2003. TOWN OF MAMARONECK SCHOOL TAX WARRANT FOR THE YEAR 2003 STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) TO: Receiver of Taxes of the 13 August 4, 2003 Town of Mamaroneck in said County YOU ARE HEREBY COMMANDED, to receive and collect from the several persons named in the assessment roll of Union Free School District in the Towns of Scarsdale and Mamaroneck, Scarsdale, New York, hereunto annexed and herewith delivered to you, the sum of the School Taxes of said School District set opposite their respective names in accordance with provision of Chapter 852 of the Laws of 1948 (Title 16), and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 4, 2003. YOU ARE HEREBY COMMANDED, to deposit all such monies so collected by you in virtue of the warrant, to the credit of the Town of Mamaroneck, in the Bank of New York, County Trust Region, Mamaroneck, as provided by said Chapter 852 of the Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town Board of the Town of Mamaroneck on August 4, 2003, such taxes being levied against the said School District for the year 2003 for the following purpose, viz.: APPROPRIATIONS General Support $10,755,789.00 Pupil Transportation 2,663,485.00 Community Services 268,920.00 Undistributed Expense 23,182,642.00 Capital Reserves 300,000.00 Instructional Services 53,491,224.00 TOTAL APPROPRIATIONS $90,662,060.00 ESTIMATED RECEIPTS Boundary Line Taxes $ 68,000.00 Tuition-Special Education 210,000.00 Prior Year Surplus 1,065,000.00 State Aid 4,861,854.00 Parochial Health 145,000.00 Interest from Investments 456,500.00 Building Use Fees 91,566.00 Miscellaneous 40,000.00 County Sales Tax Distribution 556,617.00 Transfer from Reserve 12,500.00 Transfer from Debt Service Reserve to Cap. Projects Fund 300,000.00 TOTAL REVENUES $ 7,807,037.00 TOTAL WARRANT AMOUNT $ 82,855,023.00 TOWN OF MAMARONECK SHARE $ 4,125,807.00 LESS AMOUNT TO BE PAID BY STATE (STAR PROGRAM) $ 244,424.61 NET AMOUNT TO BE RAISED BY TAXATION $ 3,881,382.39 AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor of the said Town, as required by said Chapter 852 of the Laws of 1948 (Title 16), and the acts amendatory thereof, and supplemental thereto, including the amendment made by Chapter 286 of the Laws of 1962 and the resolution adopted by Town Board of the Town of Mamaroneck, on August 4, 2003, the reports provided for by said Law. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of said Town to be hereunto affixed this 4th day of August 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye 14 August 4, 2003 Myers - Aye Wittner - Aye O'Keeffe - Aye 9. Authorization - Property Appraisal Services - This item was held over 10. Salary Authorizations - Police Department - Recreation POLICE DEPARTMENT On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the payment of salary to Luis Martinez, in the amount of $34,000.00, for his services as a Police Officer in the Town Police Department effective August 14, 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye RECREATION On motion of Councilwoman Wittner, seconded by Councilwoman Myers, 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: Tara Segreti, Lifeguard, Hommocks Pool, $9.50/hr., effective retro. to 7/7/03 Chris McGrath, Lifeguard, Hommocks Pool, $8.25/hr., effective retro. to 7/7/03 Frank Miceli, Lifeguard, Hommocks Pool, $10.00/hr., effective retro. to 7/7/03 Amy Cimco, Lifeguard, Hommocks Pool, $10.00/hr., effective retro. 7/7/03 Cathleen Scanlon, Lifeguard, Hommocks Pool, $7.75/hr., effective retro. 7/10/03 Patrick Saporito, Key Attendant, Hommocks Pool, $7.25/hr., effective retro. to 7/8/03 Jennifer Helnbockel, Lifeguard, Hommocks Pool, $8.00/hr., effective retro. to 7/10/03 Nhu Le, Swim Instructor, Hommocks Pool, $17.00/hr., effective retro. to 7/14/03 Marc Railman, Tennis Instructor, $10.00/hr., effective retro. to 7/7/03 Benjamin Hamlin, Tennis Instructor, $12.00/hr., effective retro. to 7/7/03 Gary Levine, Tennis Instructor, $10.00/hr., effective retro. to 7/7/03 David Still, Tennis Instructor, $9.00/hr., effective retro. to 7/14/03 Richard Zelson, Tennis Instructor, $9.00/hr., effective retro. to 7/7/03 Serge Zeeca, Tennis Attendant, Memorial Park Tennis Courts, $8.75/hr., effective retro. to 7/14/03 Arima Albert, Counselor, Monroe Pre School, $175/week, effective retro. to 6/30/03 Sarah Baum, Counselor, Hommocks Playground, $201/week, effective retro. 7/29/03 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye 15 August 4, 2003 Wittner - Aye O'Keeffe - Aye Approval of Minutes -April 22, 2003 (previously submitted) - May 7, 2003 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of April 22, 2003 as amended. 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 Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of May 7, 2003 as amended. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Proclamations Councilwoman Wittner read the following proclamation: PROCLAMATION JACK SLYPER WHEREAS, throughout its history, the Town of Mamaroneck has been fortunate to have men and women who give of their time and talent for the betterment of the community, and WHEREAS, Jack a selfless gentleman, always thinking of others will be 90 years old on August 1, 2003; and WHEREAS, Jack truly believes in the goodness of mankind. Before moving to the Carlton House, he lived on Larchmont Avenue at the corner of Addison. Jack initiated a tradition of having an open house, at his home, on Memorial Day for the parade goers; and WHEREAS, Jack was an active member of the Larchmont Beautification Committee and the Westchester Men's Garden Club; Jack was well-known for his award winning tulips, daffodils, roses and orchids. He was acclaimed for many projects, especially the flower boxes at The Larchmont Station which was his idea and which he tended to with devotion; and 16 August 4, 2003 WHEREAS, Probably best known for his idea of growing a vegetable garden at the Larchmont Reservoir, with the assistance of the Westchester Men's Garden Club, which ultimately grew over 4 tons of vegetables each season to feed the homeless. Vegetables were given to churches and synagogues that offered meals to those in need. NOW THEREFORE, BE IT RESOLVED, That I, Valerie Moore O'Keeffe, Supervisor, and members of the Town Council of the Town of Mamaroneck hereby proclaim that August 1, 2003 be observed as JACK SLYPER DAY IN WITNESS WHEREOF, the members of the Town Council hereunto set our hand and caused the seal of the Town of Mamaroneck to be affixed this 1st day of August 2003. The Supervisor said that a child, Justin, was picked to meet the players on the Yankees and to have dinner with them, and was supposed to go onto the field but it rained. Our young man is a teacher of the blind, takes care of his sister, amongst other activities. This was sponsored by Con Edison. She then read the proclamation. WESTCHESTER NIGHT AT YANKEE STADIUM WHEREAS, August 5, 2003 marks the 36th year of the Con Edison/New York Yankees "Hall of Fame"Baseball Program at Yankee Stadium; and WHEREAS, this year Con Edison and the New York Yankees will provide tickets, without charge, to thousands of youngsters, 8-16 years of age, who reside in Westchester and New York City, and WHEREAS, tickets are distributed by Con Edison to more than 1,500 youth organizations, and since the Con Edison/New York Baseball Program began in 1968, more than four million youngsters have been provided free admission; and WHEREAS, tonight is Westchester Night at Yankee Stadium and over 2,000 youngsters are here from the Westchester area to watch the world Champion Yankees play the Texas Rangers. NOW THEREFORE, BE IT RESOLVED that I, Valerie Moore O'Keeffe, Supervisor, and the members of the Town Council of the Town of Mamaroneck urge everyone to join us in the expression of our appreciation to Con Edison for this important contribution to our Town's youth. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 4t" day of August 2003. 17 August 4, 2003 WRITTEN COMMUNICATIONS Councilwoman Wittner read the following letter: July 29, 2003 Ms. Liz Paul Town of Mamaroneck, Recreation Department 740 West Boston Post Road Mamaroneck, NY 10543 Dear Liz, A few days ago, Paul Degenhardt told me that the Town work crews completed their work at the James G. Johnson Jr. Conservancy for the summer. 1 walked around the lower river trail and was astounded by the impact of the improvements. The view of the waterfall, especially during some of the heavy rain this year, is terrific. That waterfall and the river from the lower dam to the parking lot could be one of the real visual treasures of the site. After a few false starts, 1 located the new cat-walk. What an improvement! Many thanks from the Sheldrake Board and staff for the work of your crew this summer. And for your personal sweat and labor in addition to your organizational skills. We look forward to continued improvements next summer. Thanks again from all of us at Sheldrake. Very truly yours, Robert G. Martin Cc: Valede Moore O'Keeffe Supervisor O'Keeffe read a letter re: Bus Shelters March 1 6, 1003 The Honorable Lawrence C. Salley Commissioner of Transportation 100 East First Street, 9th Floor Mt. Vernon, NY 10550 Re:Bus Shelter, Palmer Avenue & Richbell Road Dear Commissioner Salley- Please disregard my letter dated May 7, 2003, subject as noted above. Not having been informed that the Town had demolished the 50-year-old bus stop shelter at Palmer Avenue and Richbell Road, 1 was operating under the misapprehension that the County of Westchester had taken i L down. 1 now understand that the Town wilt complete the construction of the replacement shelter within the next three (3) weeks. Sorry for the misinformation and misunderstanding. At least this is one less detail you don't have to worry about! Keep up the good work. REPORTS OF COUNCIL 18 August 4, 2003 Councilman Odierna asked how the concert was; he had been away. Councilwoman Seligson replied it was great; Elvis impersonators had performed. Councilwoman Myers reported she had attended the Board of Architectural Review; they had a special meeting to approve plans and the project on Valley Place. She added IKEA was selling the property they had bought. ADJOURNMENT The Supervisor said that the next scheduled meetings would be May 7 and May 28, 2003. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was unanimously adjourned at 10:40 PM . Submitted by Patricia A. DiCioccio, Town Clerk 11C IerkserverlserverlDocu mentslM i n utes12003m i nf108-04-03x.doc 19