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HomeMy WebLinkAbout2003_12_03 Town Board Minutes December 3, 2003 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON DECEMBER 3, 2003 AT 8:15 PM IN THE COURT ROOM OF THE TOWN, 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. 2004 PRELIMINARY BUDGET The following notice was placed into the record: NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck, New York on Wednesday, December 3, 2003 at 8:15 PM in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the preliminary budget for the calendar year commencing January 1, 2004 and ending December 31, 2004. All citizens are invited to attend and provide the Board with written and oral comments and ask questions concerning the Town's entire preliminary budget. The entire preliminary budget can be inspected by the public from 8:30 AM to 4:30 PM, Monday through Friday in the Town Clerk's Office, Town Center, 740 W. Boston Post Road, Mamaroneck, New York. PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town Board are as follows: Supervisor, $25,000; Town Council (4) $6,000 each and the proposed salary for the Town Clerk is $67,375 and the Town Justices (2) $21,000. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, the hearing was declared open. PUBLIC HEARINGS - a) 2004 Preliminary Town Budget The Town Administrator gave a PowerPoint presentation outlining the budget for the year 2004. Budget Overview The 2004 Preliminary Budget proposes total expenditures in all funds of$24,130,970. This is an increase of$1.5 million over the current year. To fund the budget we are proposing a tax levy of$15.5 million and non-property tax revenues of$8.6 million. As proposed, the 2004 budget represents a 6.7% increase in expenses. DECEMBER 3, 2003 For those residents living in the unincorporated area of the Town who receive all Town government services the proposed tax rate for 2004 increases by $16.10 to $204.05 per one thousand dollars of assessed valuation. Therefore, an unincorporated area resident with an average property assessment of$20,000 would pay $4,080 in property taxes to the Town in 2004, an increase of$320 from 2003. Residents living in the Villages of Larchmont and Mamaroneck receive select services from the Town government including ambulance service, recreation services including the Hornmocks Pool and Ice Rink, election services, property assessment services. In addition, the Town provides tax collection services for Westchester County and Mamaroneck School District property taxes. For these residents the combined tax rate for ambulance and other services will increase to $14.50 per one thousand dollars of assessed valuation, an increase of$.35. Again, using an average assessment of$20,000 a village resident will pay, in 2004, $290 in property taxes to the Town, an increase of$7.00 from the current year. Revenues In order to fund the Town budget in 2004 the Town will use property taxes of$15.5 million, non-property tax revenues of$6.8 million and unreserved funds of$1.87 million. In all, non- tax revenues will only increase by 3% while expenses are expected to increase by 6.7%. The difference is funded with an increase in the tax levy. Tax Levy: The tax levy and tax rates are a function of our total property assessments in the Town. If you refer to the Assessment Roll / Tax Rate page at the beginning of the budget, you will note that each budgetary fund has its own assessment total and tax rate. Overall, property assessments rose in all of the funds this year. The increases are modest, generally less than one percent. The increase is attributable to continued low interest rates that are providing incentives for construction and property improvement. Non-Property Taxes: In this category we place all taxes other than the property tax that for the Town means our sales tax distribution. We anticipate that based upon our revenue expectations for the current year and cautious optimism regarding the economy we have increased our estimated revenue to $1 million for 2004. Departmental Income: Included in this category are revenues earned in the Town Clerk's Office, Ambulance District, and Police Department. Also included here are parking meter and permit fees. In 2004 we anticipate an increase in this revenue stream of$36,000. Of the $604,000 in total estimated income, the single largest revenue is $375,000 from ambulance charges in the Ambulance District. For the coming year, because of our improved revenue recovery systems, we have proposed an increase of$25,000 in ambulance charges. Culture and Recreation: Revenues from all Recreation Department programs and activities are estimated to be $1,420,000 in 2004. These revenues will subsidize 75% of the total Recreation Department budget. You will note that there is a slight decline in Recreation revenues for 2004 and that is related to the expected closure of the Hommocks Pool in September 2004. The school district plans for capital improvements to the facility that will require its closure in the latter part of 2004. Recreation charges ,however, for youth programs are expected to rise by $25,000 as summer program popularity continues to grow. Revenues for the Hommocks Ice Rink are expected to remain at the current levels for the coming year. Intergovernmental Charges: These charges will rise by $5,000 in 2004 to $112,500. Included here are the charges to the State of New York and County of Westchester for snow removal, charges to the Village of Scarsdale for sewer service in the north end of the Town, and the charge to the Village of Mamaroneck for ambulance service in the Rye Neck Section. Use of Money and Property: Included here are the revenues derived from investment income and the rental of the Town Center third floor and the Hommocks Park Apartments property. You will note that this revenue is expected to decrease by $100,000 next year. The main culprit attributable to the decrease is investment income. At this time we have realized 2 DECEMBER 3, 2003 slightly more than half of our 2003 estimates for interest income. Those investment instruments available to the Town continue to yield low interest rates. As a result, we have lowered our expectations in 2004 from $375,000 to $275,000. Alternatively, our property rental income is expected to increase from $230,000 to $240,000 in 2004. Licenses and Permits: In 2004 we expect that this revenue stream will result in total income of$195,750. The single greatest source of revenue in this category comes from Building and Land Use Permits. Land use permits are expected to account for$164,000 in revenue in 2004. The balance of the revenue comes from the issuance of Burglar Alarm licenses by the Town Clerk's Office Fines and Forfeitures: The Town has been busy with both traffic and Town Code enforcement ,and we expect that high levels of enforcement will continue in the coming year. As a result, we expect that our revenues from this source of income will increase from $257,000 to $300,000 in 2004. Sale of Property: This is revenue from the sale of surplus equipment and recycled bulk metal. A small increase is expected in 2004, thus raising the revenue to $72,000. Miscellaneous: In 2004 we have appropriated $2.4 million to this category of revenue. As per the New York State fund accounting standards our allocation of unreserved funds is accounted for here. Of the $2.4 million, $1.8 million of reserves have been applied to this budget. The other large source of revenue is $400,000 in expected water revenues from the Westchester Joint Water Works. State Aid: For next year we estimate $1.4 million in revenue in this category. The title of the category is a bit misleading in that our revenue from mortgage recording tax is included as State Aid. Mortgage tax revenue has been strong and for that reason we have raised our estimates for next year from $775,000 to $1.0 million. The balance of the revenue under this category is actual aid from the State and includes $115,000 in per capital aid, $44,000 in Highway Improvement funding and $195,000 in funding that is directed to the Community Counseling Program. Also, there is a small $3,500 grant that is received each year for youth programs. Interfund Transfers: These are revenues between funds to reconcile services provided by the activities of one fund for another, for instance, the Highway. Department charges the General Town and Part Town fund for the servicing of Town vehicles appropriated to those funds. Another example is a charge to the Part Town fund to cover the Town Center use expenses of the Police and Building Department. Note that this category of revenue will drop by $130,000 to $209,000. The decrease stems from funds not available for transfer from the debt service fund. When capital projects are completed, remaining project fund balances and interest earned on the capital project funds can be returned to the budget in the form of an interfund transfer. Since all of the capital projects are active, there are no available funds for transfer in 2004. Overall non-property tax revenues will fund 36% of the Town budget. This percentage is equal to that of a year ago. The difficulty is that with basically stagnant non-tax revenue performance the Town is more dependent upon the property tax to fund the budget if services are to be maintained at current levels. Just four years ago non-property tax revenues funded close to 42% of the Town budget. One alternative to raise the percentage of non-tax revenues is to consider fee increases for select services of the Town government. Operating Expenses As stated earlier, the budget for 2004 totals $24,130,970, an increase of$1.5 million. Well over 50% of our increased costs for the coming year are attributable to our contribution to the Retirement System, Liability Insurance, Medical Insurance, and Worker's Compensation Insurance. Retirement Contribution: Over the last year there has been much discussion regarding the funding of the pensions system. For a number of years, because of high investment income, 3 DECEMBER 3, 2003 pension contributions were cut to virtually zero. As a result, many communities including the Town reduced pension appropriations to stabilize property taxes. This turned out to be a bad policy and, as a result, we now face a significant increase in our pension contributions as the performance of investments dipped to record low levels. We have been advised by the New York State Retirement System that our expected contributions for 2004 will be $1.3 million. This is on average 13% of our payroll. You will notice, however, that we have only appropriated $1,059,580 for this purpose in 2004. All along there was every reason to believe that the skyrocketing market of the late nineties could not last forever. As a result, the Town did not reduce appropriations for pension contributions to the furthest extent possible at that time. Therefore, based upon our 2003 pension billings we will have excess funds in the amount of$240,000. The recommendation to the Town Board is that these funds be set aside in a retirement reserve fund at the end of this year. In 2004 the funds will be brought back into the budget to help pay for the 2004 pension contributions. This strategy will help us for 2004. However, in 2005 the outlook is unknown as to whether we will again face a significant increase in pension costs. The New York State Retirement System has now adopted a more prudent policy that each year communities will receive a pension contribution bill of at least 4.5% of payroll. This strategy is expected to smooth out contribution levels and provide sufficient funding during times of poor investment income. It may take several years for this policy to accomplish that goal however, which means the possibility for another large increase in pension contributions still exists for 2005. Liability Insurance: As everyone is aware, the liability insurance market has been awful for virtually every category of business including government. Over the last two years we have seen premium increases of 30% and 35%. Based upon the condition of the market, we originally budgeted for a 40% premium increase in 2004. We have learned, however, the actual increase in our insurance premiums will be closer to 22%. Therefore, we will be able to reduce our appropriations in this category. In 2004 the Town will budget $676,000 for liability insurance. The lower than expected premium increase is in large part due to our good claims experience over the last two years. Hospitalization: We are all aware of the rising costs of health care and resulting increase in medical insurance premiums. Our health care provider has notified us to expect an increase of 20% to 25% for next year. The appropriation in the Town budget is based upon an expectation of a 22% increase in costs. We have, therefore, budgeted $2.1 million for health insurance in 2004. Worker's Compensation: For 2004 the increase in premiums for compensation insurance is 11.4%, which is actually the lowest increase in three years. Premiums for next year will be $388,000. Salaries: The 2004 Tentative Budget includes an appropriation of$9.9 million for salaries for all full and part time employees. Our only proposed change in personnel headcount for the coming year is the addition of one part time employee in the Town Court. The proposal is in response to the increasing workload of the Court over the past year. If this proposal is accepted, the additional cost is approximately $16,000. The difference in the budgeted salaries between 2003 and 2004 is $502,560. Be aware, however, that in the case of all CSEA employees and paid firefighters, the salaries shown in the 2003 budget are actually 2002 salaries. Because the Town was in negotiations with both of these bargaining units when the 2003 budget was prepared, new salary information was not available. Therefore, in terms of the budgeted figures the increase appears overstated. The net dollar change from 2003 to 2004 is actually less than $300,000. For 2004 salary adjustments are 3.5% for those bargaining units for which contract settlements have been reached. Debt Service: In 2004 our debt expense will rise to just over$2 million, an increase of $63,408. The increase results from our most recent bond issue. Operating Expenses: This includes all of our day-to-day expenses as well as transfers for capital expenses. The increase in these expenses is approximately one half of one percent. In 2004 operating expenses are expected to total $7.8 million. Generally, all departmental 4 DECEMBER 3, 2003 operating budgets have been reduced for the coming year. As you read through the budget, you will be able to identify the small number of line items that have been increased. For instance, you will note increases in most of our utility costs as a result of changes in rates for electricity and natural gas. Capital Improvements Because of significant cost increases in other areas, the appropriations for capital projects have been reduced over the last several years. For the third year we have again reduced this appropriation to just $104,500. In the year 2000 close to $500,000 was appropriated for capital projects. Included in the appropriation for 2004 is $79,500 for the replacement of police vehicles and $25,000 for the replacement of a Fire Chiefs vehicle. There are a number of other capital improvement projects outlined in a separate report to the Town Board. Included are projects for highway improvements, building improvements and equipment replacement. So as not to fall severely behind in infrastructure improvements, we have proposed to the Town Board a plan to issue general obligation bonds in 2004 in the amount of$2.9 million to finance various projects. Interest rates remain very low and the Town has been advised that its AAA credit rating may result in borrowing rates as low as 3.4%. Based upon debt that will be retired in the next two years the net impact of the new debt will be low. This completes the presentation of the Preliminary Budget for 2004. In our work sessions we have seen that the task of managing and financing the Town government continues to become more difficult as external factors largely outside of our control impact the budget. Since there appears to be no reduction in the demand for services we must find other ways to deliver and finance those services. 2004 BUDGET SUMMARY Allowance for Estimated Unexpended Uncollected Tax Fund and District Appropriations Revenues Balance Taxes Levy GENERAL FUND-General Town 7,105,990 4,179,500 1,000,000 1,926,490 GENERAL FUND-Part Town 8,150,095 1,519,500 250,000 6,380,595 HIGHWAY FUND 3,058,130 237,000 200,000 2,621,130 FIRE DISTRICT 2,350,890 0 0 2,350,890 STREET LIGHTING DISTRICT 143,490 0 0 143,490 AMBULANCE DISTRICT 867,200 445,000 85,000 337,200 GARBAGE DISTRICT 1,523,675 2,500 0 1,521,175 SEWER DISTRICT 215,350 4,500 25,000 185,850 WATER DISTRICT 716,150 405,000 311,150 0 DEBT SERVICE FUND 0 0 0 0 TOTAL 24,130,970 6,793,000 1,871,150 15,466,820 ASSESSMENT ROLL-2003/2004 COMPARISON OF TAX RATE AND ASSESSMENT-2003-2004 TOWN OF MAMARONECK 69,392,855-44% 2003 2004 (Unincorporated Area) General Fund-T.W. 155,534,998 155,831,423 General Fund-T.O. 66,967,137 69,392,856 VILLAGE OF LARCHMONT 38,764,352-25% Highway Fund 68,967,137 69,392,855 Fire District 69,929,090 70,355,105 VILLAGE OF MAMARONECK 47,674,216-31% Street Lighting District 69,929,090 70,355,105 Ambulance District 157,808,906 158,158,927 TOTAL TAXABLE VALUE 155,831,423-100% Garbage District 69,929,090 70,355,105 (Town Wide) Sewer District#1 65,527,689 65,895,804 Water District 69,929,090 70,355,105 EXEMPTIONS PARTIALLY EXEMPT PROPERTY 1,396,304 2003 2004 (section 458&458a,R.P.T.L.) Estimated Estimated Increase Decrease General Fund-T.W, 12.55 12,35 0.00 5 DECEMBER 3, 2003 0.20 PARTIALLY EXEMPT PROPERTY 916,446 General Fund-T,O. 82.40 91.95 9.55 (Section 467,RP.T.L) Highway Fund 37.45 37.75 0.30 Fire District 30.15 33.40 3.25 PARTIALLY EXEMPT PROPERTY 1,500 Street Lighting District 1.80 2.05 0.25 (Section 460,R,P,T.L) Ambulance District 1.60 2.15 0.55 Garbage District 19.15 21.60 2.45 DISABILITY/LIMITED INCOME Sewer District#1 2.85 2.80 0.05 (Section 459-c,RPTL) 17,340 Water District 0 0 TOTAL 187.95 204.05 16.35 .25 SUMMARY TOTAL TAXABLE VALUE 152,613,937 SUMMARY BY AREA VETERANS EXEMPTIONS 1,396,304 Village of Mamaroneck OLD-AGE EXEMPTIONS 916,446 Ambulance District Village of Larchmont CLERGY EXEMPTIONS 1,500 Unincorporated Area DISABILITY/LIMITED INCOME 17,340 WHOLLY EXEMPT PROPERTY 181,304,294 TOTAL 338,581,411 The Supervisor stated the Board had been working on the budget for two months, going over it line by line. Services were left as is and not cut. No new services were added except for Recreation, where there was an increases to camps because of higher enrollment numbers. Councilwoman Seligson commended the Administrator and the Comptroller for an excellent budget, saying the Board works to respond to the community, and putting together the budget is a hard job. Councilwoman Myers said initially the department heads were asked to submit their budgets and the Board then took those numbers trying to work them down. It was a hard year with all the increases to the pension and health insurance. Supervisor O'Keeffe said this was a good budget, The tax rate increase was kept to a minimum, especially when compared to surrounding communities who were increasing by double digits. Councilman Odierna said they had worked hard to cut where possible because he thinks there should be goals set to reduce spending, but all in all, it's the best they could do given the numbers we had to work with. Councilwoman Wittner added her appreciation to the Administrator and Comptroller for a tight budget, saying it was difficult this year as mandatory items increased. On motion of Councilman Odierna, seconded by Councilwoman Wittner, the hearing was declared adjourned at 8:35 PM. PUBLIC HEARING - Second Extension of Boston Post Road Moratorium The following public hearing notice was entered into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, December 3, 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 "Second Extension of the Moratorium on Development Along a Section of the Boston Post Road" law. 6 DECEMBER 3, 2003 The Town Attorney said the extension was necessary to keep the moratorium in place along the Boston Post Road while the planning study was being done, and also adds a provision to allow the Building Department to issue permits when doing so does not affect the moratorium issues. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was unanimously opened. The Supervisor asked if anyone wished to speak for or against this extension. There was no one. Councilwoman Seligson asked if the exemptions the Board had granted under this law had to be renewed, and if this would be the last extension. The attorney replied no extension was necessary and since the consultants are near to complete, this extension should be the last. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the hearing was closed and on those motions, 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 BE IT FURTHER RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed action. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilman Odierna, seconded by Councilwoman Seligson, the following local law was adopted: Local Law No. 24 2003 This local law shall be known as the "Second Extension of the Moratorium on Development along a section of the Boston Post Road" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: Primary Purpose After the Town Board enacted Local Law No. 3-2003 which created a moratorium on development along a section of the Boston Post Road, the firm of Buckhurst, Fish and Jacquemart studied that section of the Boston Post Road and submitted to the Town Board alternatives for the zoning of the affected properties. Those alternatives were discussed at the July 9, 2003 work session of the Town Board where Buckhurst, Fish and Jacquemart was instructed to modify its proposed zoning amendment to reflect the Town Board's reaction to it. The revised zoning amendment has been submitted to the Town Board which currently is considering it. Since this amendment will require adherence to (i) the procedures for studying possible environmental impacts that could be wrought by such a change in zoning and (ii) the mechanisms for amending the Town's zoning laws contained in the Town's zoning ordinance, the process for amending the Town's zoning ordinance probably cannot be concluded by December 31, 2003 ---the date on which the 7 DECEMBER 3, 2003 moratorium is scheduled to expire. This law extends the moratorium for three months to afford the Town Board the opportunity to complete that process. Secondary Purpose The current moratorium prevents the Director of Building Code Enforcement and Land Use Administration from issuing building permits, certificates and letters for property located in the Boston Post Road corridor even in situations where no Planning Board or Board of Appeals approvals are required. The intention of the Town Board in enacting the moratorium was to prevent new development in this corridor while it considered whether to alter the zoning requirements for that area, not to be so restrictive as to prevent property owners from obtaining permits to carry out construction that does not require the approval of either the Planning Board or the Board of Appeals. This amendment also modifies the moratorium law to eliminate this restriction. Section 2 -Amendment: Section 240-83 C (2) of the Code of the Town of Mamaroneck hereby is amended by deleting the words "December 31, 2003" therein and substituting the words "March 31, 2004" in their place. Section 3 -Amendment: Section 240-83 C.(3) of the Code of the Town of Mamaroneck hereby is amended to add the following subparagraph C: "(C) The Director of Building Code Enforcement and Land Use Administration may issue building permits, certificates of completion, letters of compliance or certificates of occupancy (permanent or temporary) provisions for work done or to be done on properties described in paragraph C. (1) when such work does not require a variance, final approval of a subdivision plat, site plan approval or a special permit." Section 4 - 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 this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 - Effective Date: This Local Law shall become effective upon filing with 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 PUBLIC HEARING - Installation of Yield Sign - Howell Avenue The following notice of public hearing 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 December 3, 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 8 DECEMBER 3, 2003 consider adoption of a local law entitled "Yield Sign - Howell Avenue" Law. The purpose of this local law is intended to make motorists traveling south on Howell Avenue from Weaver Street more attentive to traffic approaching from Palmer Avenue on Carleon Avenue. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the public hearing was unanimously opened. Councilwoman Myers explained that residents from Howell Park had attended a Traffic Committee meeting where they requested more enforcement of speeders and to get cars to slow down going from Howell to Carleon Avenue. Supervisor O'Keeffe asked if anyone wished to speak for or against this change. There were no comments. A few students from Iona College were in attendance who had questions on procedure which the attorney and Board members then explained. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board finds that the adoption of the proposed local laws will constitute a Type II action under the New York State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed action. 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 Wittner, seconded by Councilwoman Seligson, the following local law was adopted: Local Law No. 25 -2003 This local law shall be known as the "Yield Sign on Howell Avenue" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The purpose of this local law is to regulate traffic where southbound traffic traveling on Howell Avenue meets traffic coming from Carleon Avenue. Section 2 - Regulation of Traffic on Howell Avenue: Vehicles traveling southbound on Howell Avenue shall be required to yield to traffic traveling on Carleon Avenue at the point where Howell Avenue intersects Carleon Avenue. Section 3 - Sign(s) to be Erected: An appropriate sign or signs shall be erected on Howell Avenue facing the southbound lane or lanes of traffic thereon at the point where Howell Avenue 9 DECEMBER 3, 2003 intersects Carleon Avenue. Section 4 - 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 this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 - Effective Date: This Local Law shall become effective upon filing with 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 PUBLIC HEARING - Establish 10 Minute Parking Zone -Alden House Apartments The following 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 Wednesday, December 3, 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 "Ten Minute Parking Zone -Alden House Apartments" Law. The purpose of this local law is to create a loading zone on Alden Road to allow residents a short period of time to safely and conveniently unload their packages On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the public hearing was unanimously opened. Councilwoman Myers said some of the residents from Alden had asked the Traffic Committee to recommend a ten (10) minute parking zone to unload packages and groceries, and that the spot be located in front of the building to help shorten the distance. There being no comment, on motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was unanimously closed. On motion of Councilwoman Seligson, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board finds that the adoption of the proposed local laws will constitute a Type II action under the New York State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed action. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye 10 DECEMBER 3, 2003 Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following local law was adopted: Local Law No. 26 - 2003 This local law shall be known as the "Restricted Parking Zone in front of Alden House" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The purpose of this local law is to create a loading zone on Alden Road in front of the apartment building known as "Alden House" which can be used by residents of Alden House to load and unload their vehicles. Section 2 - Restricted parking on Alden Road: There shall be a loading zone on the east side of Alden Road which starts at the midpoint to the entrance of the apartment building known as "Alden House" and extends for twenty (20) feet in each direction along Alden Road. Parking in this loading zone shall be limited to ten (10) minutes. Section 3 - Sign(s) to be Erected: An appropriate sign or signs shall be erected on the east side of Alden Road indicating the location of the loading zone and the ten (10) minute time limit for parking therein. Section 4 - 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 this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 - Effective Date: This Local Law shall become effective upon filing with 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 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 11 DECEMBER 3, 2003 Commissioner: Nancy Seligson 1. Fire Claims: Commissioner Myers presented fire claims for authorization of payment , thereafter on Commissioner Myers' 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 follows: AAA Emergency Supply Co. 51.25 AAA Emergency Supply Co. 225.00 At & T Long Distance 236.07 Avaya 51.89 Brewer Hardware 167.28 Cleaning Systems, Co. 287.78 Clinton Kearney Door 175.00 Excelsior Garage & Machine Works 254.00 IOS Capital 181.86 Metrocom Wireless, Inc. 842.75 Metrocom Wireless, Inc. 395.00 Nextel 176.36 Poland Spring 81.88 Pronto Printer 181.61 Joseph A. Russo 874.00 Sound Shore Contracting 150.00 Sunset Printing 831.06 Verizon 397.18 Westchester Elevator 170.00 Total $5,729.97 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Councilwoman Wittner entered the Fire Report for the Month of November 2003 into the record as submitted by Fire Chief Michael Acocella. The following report outlines responses to calls made during the month of November 2003. It summarizes the nature, the number of personnel responding and the total time spent. Alarm Type Number Generals 27 Minors 30 Stills 0 Out of Town (Mutual Aid) 1 EMS 13 Drills 3 TOTAL 74 Total number of personnel responding: 957 Total time working: 34 hours and 54 minutes There being no further business to come before the Commission, on motion of 12 DECEMBER 3, 2003 Commissioner Wittner, seconded by Commissioner Myers, the Commission unanimously adjourned at 9:00 PM. AFFAIRS OF THE TOWN 1. Approval of Certiorari The attorney explained the proposed settlements and recommended they be approved. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following certiorari were approved: Anthony Massa 211 Halstead Avenue Block: 901 Lot: 376 Town of Mamaroneck/Village of Mamaroneck Here is how the settlement would work if the Town Board were to approve it: Year Assessment' Amount of Reduction Reduced Assessment 2002 $15,000 $3,000 $12,000 John and Kathleen Wright 329 Center Avenue Block: 831 Lot: 20 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2002 $31,000 $4,000 $27,000 Frank and Patricia Vitelli 225 Mount Pleasant Avenue Block: 907 Lot: 253 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2002 $15,600 $1,600 $14,800 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization - Computer Support Agreement DB Systems After discussing the various costs related to this matter, it was decided to hold this item over. 3. Report of Bids - a) Street Line Painting b) Police Uniforms On motion of Councilwoman Myers, seconded by Councilwoman Seligson, the following resolution was adopted: RESOLVED, that the Town Board does hereby award 13 DECEMBER 3, 2003 the bid for street painting to M&S Striping who submitted the following bid: Reflectorized $0.064 per lineal foot Nonreflectorized $0.044 per lineal foot The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilman Odierna, seconded by Councilwoman Myers, the following resolution was adopted: RESOLVED, that the Town Board does hereby award the bid for uniforms to New England Sportwear for Police Uniforms for both Winter& Summer, the submitted the following bid: Winter& Summer Uniforms $614.95 Complete Uniform The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Set Date for Public Hearings - a) Draft Environmental Impact Statement - Forest City Daly b) Zoning Petition - Forest City Daly RESOLVED, that the Town Board does hereby set the date for public hearing on the Draft Environmental Impact Statement on Forest City Daly January 20, 2004 at 7:00 PM; and BE IT FURTHER, RESOLVED, that the Town Board does hereby set the date for public hearing on the Zoning Petition for Forest City Daly for January 20, 2004 at 7:00 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. 5. Salary Authorization - Recreation On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was 14 DECEMBER 3, 2003 RESOLVED, that as provided for in the 2004 Town Budget the Town Board does hereby authorize the payment of salary to the following: Joseph Mauro, Instructor, Youth Hockey Program, $9/hour, retroactive to 11/8/03. Scott Smith, Instructor, Youth Hockey Program, change in salary from $7/hour to $9/hour, retroactive to 11/8/03. Matthew Albert, Assistant instructor, Youth Hockey Program, $6/hour, retroactive to 11/8/03. Alexander Eney, Assistant instructor, Youth Hockey Program, $6/hour, retroactive to 11/8/03. Roy Fugazy, Assistant instructor, Youth Hockey Program, $5.50/hour, retroactive to 11/8/03. Patrick Nadolske, Assistant instructor, Youth Hockey Program, $5.50/hour, retroactive to 11/8/03. Kimberly Seedor, Assistant Instructor, Youth Hockey Program, $6/hour, retroactive to 11/8/03. Kathleen Thompson, Assistant instructor, Youth Hockey Program, $6/hour, retroactive to 11/8/03. Paul Tucker, Assistant instructor, Youth Hockey Program, $6/hour, retroactive to 11/8/03. Evan Lanoil, Lifeguard, Hommocks Pool, $7/hour, retroactive to 11/25/03. Andrew Buchbinder, Skate Guard, Hommocks Park Ice Rink, $9/hour, effective 12/5/03. John Pierce, Skate Guard, Hommocks Park Ice Rink, $7.50/hour, effective 12/5/03. Brian Kaplan, Skate Guard, Hommocks Park Ice Rink, $7.50/hour, effective 12/5/03. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 6. Authorization - Close Financial Statements 2003 On motion of Councilwoman Wittner, seconded by Councilman Odierna, RESOLVED, that the Town Board does hereby authorize the Town Comptroller to make all necessary journal entries and transfers to close out the Year 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye APPROVAL OF MINUTES - September 3, 2003 On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was 15 DECEMBER 3, 2003 RESOLVED, that the Town Board does hereby approve the minutes of September 3, 2003 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 The Supervisor said she and the Town Administrator had attended a meeting in Chappaqua with the Executive Committee of the Westchester County Municipal Officials Association regarding the sales tax and if it was imposed how it would be divided. It was suggested that 20% would go to Towns and Villages and 80% to Westchester County. It appears to be regressive, even if the County does need the money, mostly because of state mandated costs. The other subject discussed was the equalization rates. COUNCIL REPORTS Councilman Odierna reminded everyone about an event sponsored by the Human Rights Committee. Andrew Young is to speak at the High School on December 4t" and the public is invited. This Friday is the League of Women Voters breakfast. The trees will be lit at the duck pond on Sunday at 4:30 PM. And Sunday December 7t", there will be skating with Nemo at the Hommocks Ice Rink. Councilwoman Wittner attended the Fire Council meeting on December 1St. At the CZM meeting there was a discussion concerning a subdivision application for Lester Place and a new auto body shop on Fifth Avenue. She also attended a storm water management workshop. Councilwoman Myers attended the Board of Architectural Review meeting last week where they met and spoke to the new owner of Carl's Restaurant and there was a discussion on IHOP. She attended the Cable TV Board of Control meeting and reminded everyone to get their comments in to them, either by email, or by snail mail. Councilwoman Seligson attended the Interfaith Thanksgiving event last Thursday with her children, which was wonderful. The Supervisor said she attended a seminar yesterday sponsored by the Environmental Bureau of District Attorneys. The speaker was Sue Riley. Friday there would be a meeting of the Joint Sanitation Commission held in Larchmont. She had attended the Breakfast farewell party for Carol Acocella where she read a proclamation for her. She had sad news that Selina Grissom had died, also John Quadrine, founder of the Ambulance Corp in the Village of Mamaroneck. The Pastor at Sts. John & Paul, Father Hamilton, had died suddenly of a heart attack. The Supervisor announced the next regularly scheduled meetings will be held on December 17, 2003 and January 7, 2004 ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was adjourned at 11:20 PM. 16 DECEMBER 3, 2003 Submitted by Patricia A. DiCioccio, Town Clerk 1 1ClerkserverlserverlDocumentslM inutes12003minfl12-03-03x.doc 17