Loading...
HomeMy WebLinkAbout2004_12_01 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON DECEMBER 1, 2004 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 WORK SESSION The Town Board convened at 4:30 PM into a Work Session at the Hommocks Pool to look over the locker room conditions. They then reconvened at 5:30 PM at the Town Center in Conference Room A. Forest City Daly Representatives from Forest City Daly, Andrew Tung, and George Kruse said they were prepared to submit the revised Final Draft Environmental Impact Statement (FEIS). Also present was Harlan Sexton from Buckhurst, Fish, consultants to the Town. There was a discussion regarding the SEQRA procedures and timeline to be followed upon acceptance of the FEIS. Use of the Firehouse There was a discussion on the status of the firehouse roof and the meeting room's availability for use by community groups would be ready. Councilwoman Wittner was asked to appeal to Fire Council to let groups know about the use of the fire house so that they can set up their yearly calendars. Supervisor O'Keeffe said she received a letter from Bob Degan regarding the Martin Luther King Jr. event on January 12. Human Rights is still looking for a place to hold this event. Harry Belafonte will be the guest speaker. Notification Procedures Councilwoman Wittner said she had read over the proposed draft, but it didn't address the sizes of signs at all. Mr. Maker said the law does two things, the first being it functions as an ordinance, then it addresses signs and the sizes of signs which can be amended by resolution. Councilwoman Myers said BAR had suggested the size of the signs be varied, small for residences and larger for businesses. They had a further dialogue about refinements to the notification law. December 1, 2004 SEPTIC Councilwoman Seligson said she spoke with someone at the Health Department regarding the sewer issue on Hommocks Road. She will put together a memorandum on what the Health Official said. CALL TO ORDER The Regular Meeting of the Town of Mamaroneck was called to order by Supervisor O'Keeffe at 8:25 PM. She then pointed out the exits. PROCLAMATION —2004 Mamaroneck Girl's Hockey Team The following proclamation was entered into the record by Supervisor O'Keeffe: PROCLAMATION 2004 MAMARONECK GIRL'S FIELD HOCKEY TEAM WHEREAS, The team was ranked #2 in the sectional tournament. They won the quarterfinal game against Suffern, 5-0 and won the section semi-final game against Arlington, 2-1. They won the section finals against Lakeland 1-0 and won the regional final against Ward Melville 2-1; and WHEREAS, Mamaroneck girl's field hockey team is currently 20-0-2 and won the state tournament the weekend of November 19-20, 2004. This is the first time in Mamaroneck history that the team is both a State Champion and undefeated; and WHEREAS, All 11 starters on the field hockey team received post-season awards: All-League Honorable Mention-Mary Colleary, Alexa Cotugno, Leah DiBiccari; All-League-Jillian Cotugno, Katie Devaney, Midori Uehara, Samantha Lyons, Amanda Love, K.J. Warren, Katherine Sampson and Mallory Lichtenstein; All-Section Honorable Mention- Samantha Lyons, Katherine Sampson, Mallory Lichtenstein; All-Section-Jillian Cotugno, Katie Devaney, MidoriUehara, Amanda Love, K.J. Warren; All State-Jillian Cotugno, Midori Uehara; Coach of the Year-John Savage WHEREAS, Three players were also named to the "All- Tournament Team" of the State Championship: Midori Uehara, Alexa Cotugno and Katie Deraney; and WHEREAS, It takes a team working together to achieve victory. In addition to those mentioned above, the following team members made invaluable contributions to the team's success: Rebecca Parter, Amy Parter, Lizzi Smith, Cate Fahey, Sarah Melrose, Sarah Chapin, Diana Bilbao, Charlotte Turovsky, Marian Williams and Marissa Rubin NOW THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor, and the members of the Town Council of the Town of Mamaroneck hereby congratulate the MAMARONECK TIGERS And join with the community in celebrating their outstanding victory as State Champions and for an undefeated season. The Supervisor introduced the coach, who in turn introduced all the members of the team. 2 December 1, 2004 Kaitlin Ferguson was also then presented to the Town Board. She won a medal for swimming. There was a five-minute recess. OUT OF ORDER REPORTS OF THE COUNCIL Councilman Odierna said he attended the Thanksgiving celebration held on November 23 at the Westchester Jewish Center which was in honor of Mary Anne Johnson. He also went to the opening of Apertifo in Larchmont. Human Rights has set January 12 as the date for celebration of Martin Luther King Day. Harry Belafonte will be the guest speaker thanks to the efforts of Frank Ferrari. Councilwoman Myers met with the Board of Architectural Review. The Traffic Committee met last night and discussed the continuing problem of speeding. They discussed Maple Hill and Colonial Avenue as a real problem. The Youth Council is still pursing getting the Cove up and running. There will be a Cable TV Meeting this week on the continuing negotiations on the franchise agreement. Councilwoman Seligson will be attending the Planning Board and Zoning Board meetings next week. She was officially appointed Chair of the Long Island Sound Advisory Committee at their meeting held on the 9th. SUPERVISOR REPORTS Supervisor O'Keeffe said the Westchester Municipal Officials Meeting was held in the Village of Buchanan in the Indian Point Power Plant Cafeteria. She said at the last Town Board Meeting a group of residents appeared from Hommocks Road requesting to be removed from the sewer district because they were paying a tax for something they did not have. Councilwoman Seligson convinced them otherwise, and they have written requesting their application be withdrawn. The Town Administrator then introduced Denis J. Brucciani, the new Town Comptroller. Prior to being hired by the Town, Denis worked at the Village of Mamaroneck and at Westchester Joint Water Works. He lives in the Village of Mamaroneck with his wife and two children. The regular order of the meeting was then resumed. Public Hearings - 1. 2005 Preliminary Budget The following Notice of Public Hearing was entered into the record: PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Mamaroneck, New York on Wednesday, December 1, 2004, at 8:15 PM in the Court Room of the Town Center, 740 West 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, beginning Monday, November 29, 2004 in the Town Clerk's Office, Town Center, 740 West 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, $30,000; 3 December 1, 2004 Town Council (4) $6,000 each and the proposed salary for the Town Clerk is $70,000 and the Town Justices (2) $21,000. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the public hearing was unanimously opened. Mr. Altieri presented the budget in Power Point and in his budget letter outlined: The Tentative Budget for the Town of Mamaroneck for the fiscal year commencing on January 1, 2005. This budget supplement is provided with the budget to provide a general overview of the proposed budget and to point out specific details regarding revenues and expenses. Over the summer the Town conducted a survey of the residents of the unincorporated area to obtain their opinions on Town services. The survey was also used to air several questions about service levels. Residents were surveyed on the question of whether they would be willing to pay fees for certain services if it meant a reduction in their property taxes. Overall, the Town received high marks for the services provided. Residents did, however, want to see further improvements to sidewalks and roads. The vast majority of residents opposed service cuts and was generally opposed to the use of fees as a substitute for the property tax. Although the survey data requires further analysis, there was sufficient information to assume for purposes of this budget that all current services should continue to be provided to the residents. Certain factors that affected the 2004 Budget continue to be of concern for 2005. For instance, after months of discussion regarding pension costs, the proposed one-time bailout for local governments has provided little help in reducing our operating costs. As you will see, our costs will again rise for pension contributions in 2005. Increases in cost for energy have not only affected direct costs for fuel and electricity but also led to increased costs for many goods and services. On the revenue side, non-property tax revenues continue to show sluggish performance. Although there are some proposed increases, these revenues have not risen at the same rate as expenses. Also there are reductions in property assessments in the Town for the coming year. This situation, unfortunately, raises our dependence on the property tax to fund the Town government activities. Keeping all of these factors in mind, we have crafted a budget that is both responsive to the community's desire for services yet mindful of the need to provide those services at a reasonable value. Budget Overview Below is a comparative schedule of appropriations and tax levy for the 2004 adopted budget and 2005 tentative budget. 2004 2005 Change Appropriations $24,130,970 $25,419,002 $1,288,032 Non - Property Tax Revenues $6,793,000 $ 6,930,200 $ 137,200 Reserve Application $1,871,150 $ 1,949,300 $ 78,150 Property Tax Levy $15,466,820 $16,539,502 $1,072,682 Based upon the 2005 property assessment levels, the tax rate impact of the proposed tentative budget is as follows. The combined tax rate for 4 December 1, 2004 Town services and ambulance services provided to residents of the Villages of Larchmont and Mamaroneck will rise from $14.50 to $15.95 per one thousand dollars of assessed valuation. For a property with an average assessment of$20,000, Village residents will pay $319 in 2005, an increase of$29.00. For residents of the unincorporated Town of Mamaroneck who receive all Town government services, the tax rate will increase from $204.04 to $218.95 per one thousand dollars ($1,000) of assessed valuation. Using the same average assessment of$20,000, residents of the unincorporated area will pay approximately $4,380 per year in Town property taxes. When compared to 2004, the increase is $298.00 As previously mentioned, the property assessments applied to this budget are down from last year. Property assessments that apply to the Town-wide tax rate decreased by more than $3.8 million dollars since 2004. Decreases in assessments were also realized for the other Town budget funds. The problem of indefensible property assessments, especially for commercial properties, continues to plague the Town and lead to assessment reductions. Revenues Non property tax revenues will account for 35% of the funding for the Town budget. Overall, non property tax revenues are expected to increase by just $137,000 in 2005. Non-property tax revenues are expected to reach $6.9 million next year. Sales Tax for 2005 - We have increased our estimates for sales tax by $100,000 to $1.1 million. You will recall that the Towns and Villages will receive an additional one half percent (1/2%) of an increased sales tax rate for Westchester County. Back in February of 2004, the County of Westchester estimated our additional sales tax revenue for 2005 to be $180,000. We are not proposing the appropriation of the full amount of the predicted sales tax increase in the 2005 budget. The preference is to monitor the new revenue and determine if a trend develops that provides evidence that the Town will actually realize the increased revenues. Departmental revenues are estimated to increase by $52,000 in 2005 to $656,500. Generally, revenue from planning and zoning fees has remained relatively stable as have parking fees. Virtually all of the increase predicted for next year is found in charges for ambulance service. Increased calls for service and a vastly improved revenue recovery program have allowed us to estimate an increase of $50,000 for ambulance charges. We expect ambulance charges to be $425,000 next year. Recreation Charges - For the first time in a number of years we are predicting that total revenue from recreation fees will drop slightly in 2005. We are estimating total fees for all programs and services to be $1,409,000, a decrease of $16,000 from 2004 estimates. The expected closure of the Hommocks Pool in September of 2005 has caused us to reduce expected revenues by $40,000 to $285,000. Presumably, this is a one-time reduction that will rebound when the pool reopens in the summer of 2006. We have also proposed a small decrease in general admission revenue for the Hommocks Ice Rink. Counter balancing these decreases is an increase in revenues from our popular camps and summer programs. Also, we expect an increase in revenues for the rental of ice time at the rink. Altogether these revenues will rise by $30,000. Use of Money and Property - For the second year in a row we predict the Town will not meet estimates for earnings on investments. Our limited investment options are yielding rates of return of less than 2% in some cases. Right now, there are no predictions for significant increases in interest rates. As a result, we have for 2005 reduced our income estimate from $281,000 to $253,000 for next year. Just to give you an idea of the magnitude of the 5 December 1, 2004 reduction in this source of revenue, in 2001 the Town earned $743,000 in interest earnings. As of today, we have earned just $200,000 in interest earnings. Licenses and Permits - For this category of revenue we expect to earn $203,000 next year. The bulk of the revenue in this category is revenue from building permits which are expected to total $120,000 in 2005. Other revenues for street opening permits, dog licenses, and alarm licenses are expected to remain stable but not increase next year. Fines and Forfeitures - We are expecting an increase in this category of revenues. Increased traffic enforcement and Town code enforcement have resulted in more fine revenue. In 2005 we have raised the estimates from $300,000 to $320,000. One dark spot overshadowing this revenue is the actions of the New York State Legislature to change the formula for calculating the apportionment of fines between the local government and the state for certain traffic violations. Until this is worked out, we hesitate to raise the revenue estimates further at this time. State Aid - Included in this category is the Town's share of New York State Per Capita Aid, Mortgage Tax, and the pass-through of funding for the Community Counseling Center. Certainly with all the fiscal woes in Albany, we do not expect any increase in our per capita aid which at this time totals $116,000. We have increased our estimates for Mortgage Tax revenue by $100,000 to $1.1 million. Even if housing values remain level in 2005, the value of the sales that occur should insure that the Town receives increased mortgage tax revenue. Unreserved Funds - Each year the application of unreserved funds is determined based upon historical trends over past years. Because the Town does not appropriate funds to phantom expenses, our surplus is a function of excess revenues or unexpended appropriations that could not be reasonably predicted during budget preparation. With sluggish non- property tax revenues expected in 2005, we have only increased our reserve application by $78,000. The increase proposed is largely due to the funds that will result from the three months of the 2004 retirement expense that does not have to be accrued in 2005. This aspect of the pension contribution will be explained on the next page. Total surplus appropriations included in the 2005 Budget is $1.8 million. Expenditures In 2005 we have estimated that our total expenditures will be $25.4 million, an increase of$1.28 million over 2004. Earlier it was mentioned that increased energy costs have impacted this budget. We have had to calculate not only the increase in costs for energy used by the Town for operations but also the increased prices for goods and services caused by increased energy costs. The following is a review of expenses for 2005. Salaries/Personnel - our costs for salaries in 2005 are expected to be $10.3 million in 2004, an increase of$260,000 from 2004. As a percentage, the increase is 2.3%. In this budget we are proposing a switch within the Highway Department staff. This budget includes staff changes in several departments. In the Highway Department we are proposing the elimination of one vacant laborer position and replacing it with a new assistant auto mechanic for the garage. The net effect of this move is an increase in costs of$6,000. With the construction of the new garage, we now have the capability of reducing the number of repairs performed by outside vendors. In addition, we are taking on the repairs of the ambulances and some Fire Department equipment which until now was farmed out to outside repair shops. It should also be pointed out that the additional mechanic provides more flexibility for the Highway Department. During leaf season and snow storms, the mechanics can be redeployed as truck drivers if the repair shop is not busy. A laborer cannot be redeployed to a mechanics position when the garage is busy since laborers generally do not have the skill level 6 December 1, 2004 necessary to work in the garage. Therefore, we think this reorganization for the Highway Department is effective for improving our vehicle maintenance operation and providing backup personnel to work on other Highway Department functions. Also, under the category of salaries we have transferred $13,000 from the Section 8 Program budget to the Part Town Senior Citizen budget to cover the salary of the Larchmont Senior Center Director. You will recall that the Section 8 Program has come under serious scrutiny from the Federal Government and, as a result, administrative funds for each Section 8 office are being reduced. Based upon our current estimates, the Town's Section 8 office will be unable to continue to support staff costs for activities other than the administration of the Rent Subsidy Program. The Part Time Senior Center Director is one of the expenses that must be removed from the program. We will need to discuss with the Village of Larchmont a sharing of this expense in the future. The only other personnel issue to mention is the addition of a second Part Time Code Enforcement Officer for the Building Department. The added cost for this part time position is $12,000. Employee Benefits Pension contributions are again front and center in the Town's 2005 budget. The New York State Retirement System had originally proposed and authorized deferring the 2004 retirement contribution payment until February of 2005. This was intended to provide a one-time savings to the local governments that could be added to unreserved fund balances or otherwise used to reduce the impact of 2005 expenditures on the tax rate. For the Town the 2004 budgeted contribution to the pension was $1.08 million. However, two problems arose. First, the State failed to consider that pursuant to General Accounting principles the retirement expense must be accrued in 2005 as a 2004 expense. Therefore, since the retirement billing cycle coincides with the fiscal year of New York State, nine months of the retirement contribution must be accrued for next year. Second, the contribution originally estimated by the retirement system last November was lower than the actual contribution to be paid by the Town for 2004. As a result we have seen a $1.08 windfall projected by the retirement system reduced to approximately $124,000 of funds that can be applied to the unreserved balance. We are proposing the application of$78,000 of these funds to the 2005 budget. Lastly, the retirement bill which is included in the 2005 budget reveals increased costs of$95,000. Since retirement contributions are based upon a percentage of payrolls, a portion of the increase, about 3.5%, is attributable to salary adjustments. The other employee benefit for which costs have increased are Medical Insurance and Medicare payments. In 2005 we anticipate our expenditure for this item to be $2.5 million. This is an increase of about$480,000 over last year. The increase is based upon estimates provided by the State of New York Department of Civil Service. On a more positive note, our Worker's Compensation insurance costs will remain at 2004 levels for next year. Our Worker's Compensation costs total $400,000. An improved loss experience and the activities of our Safety Committee have contributed to the stabilization of this expense. Equipment - This category is for small equipment used for our day-to-day operations. In this budget we are proposing an increase from $185,000 to $200,000 for equipment purchases. Included in this expense are annual purchases of uniforms, firearms, traffic signs, parts for our ice rink equipment, replacement of radio and paging equipment and firefighting equipment. There is, however, several new purchases proposed. At the ice rink we need to replace our rubber mat floor scrubbers, the toilet partitions in the locker room bathrooms, and an electric garage door operator. These items total $14,100. 7 December 1, 2004 Although not specifically a piece of equipment ,we have proposed an appropriation of$5,000 to conduct a feasibility analysis to relocate the entrance of the ice rink and expand the grass area of the Hommocks Pool to include a spray ground. This study may be timely because if the study reveals a feasible project, construction could take place while the main pool is closed for renovation. Spraygrounds have become popular and offer another alternative to pool users with small children and toddlers. In our Traffic Control budget we are proposing the purchase of a new sign-making machine at a cost of$10,000. Using new laminate technology, the signs can be produced more efficiently and at less cost per sign. The Ambulance District budget includes $5,200 for replacing two AED defibrillators machines for the district fly car and one of the ambulances at Mamaroneck EMS. Contractual Expenses -These are the day-to-day operating expenses for the Town government. Included are the costs for the many goods and services used by the Town. One the largest expenses in this category is liability insurance. At this time the Town has yet to receive premium renewal quotations for our various forms of insurance. Our insurance broker has advised us to budget for a six to eight percent increase for 2005. We have, therefore, increased our insurance appropriations by $43,500. Total insurance appropriations at this time are $730,000. Expenses for energy and utilities are expected to continue to increase as the cost of petroleum increases. This category of expense includes gasoline, diesel fuel, heating oil, natural gas and electricity for our vehicles and facilities. We are expecting expenditures in this category to increase by $38,000 in 2005. If our estimates are correct, the Town will spend approximately $532,000 for energy and utilities. Other expenses worth noting are for consultant services in connection with our computer support operation. Previously, we included in the budget an appropriation for a part-time staff person to serve as our computer support technician. In the 2005 budget you will see the funds have been transferred from the salary line to the consultant line item. This expense for DB Systems to serve as our computer support consultant is $96,000 per year. Approximately 25% of this cost is borne by the Village of Larchmont. Capital Projects -The details of the proposed 2005 capital project plan will be provided to the Town Board next week. You should be aware, however, that $188,000 has been appropriated in the 2005 budget for various capital projects. Debt Service -The last category of expense to be discussed is the payment of principal and interest for various general obligation bonds issued by the Town. As you review the budget, you will discover that each budget fund carries its own debt expense and there are variations in the level of this expense for each fund. For instance, in the General Town Budget our debt expense decreased by $111,000 with the retirement of the 1985 bond issued for the renovation of the Town Center. Conversely, in the Highway Fund debt service increase by $144,000 with the issuance of bonds for the new garage. All told, the Town's debt expense in 2005 will be $2.0 million, which is practically unchanged from 2004. This concludes the budget supplement presentation. I am sure you will have additional questions that will be discussed at the upcoming work sessions. What I have attempted to do in this supplement is bring to your attention those factors that drove the increase for 2005. Councilman Odierna asked if there were choices as to medical insurance. Mr. Altieri said there are several. The one we use, The Empire Plan, has stayed steady. If we move to another company, under the contract we have to provide comparable benefits. 8 December 1, 2004 Councilwoman Myers thanked Mr. Altieri on doing a good job. Councilwoman Wittner concurred saying it was an excellent budget. On motion of Councilwoman Seligson, seconded by Councilwoman Myers, the public hearing was unanimously adjourned to December 15, 2004. Public Hearing 2. Proposed Bond resolution — Mamaroneck Water District The following notice was entered into the record: NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted by the Town Board of the Town of Mamaroneck, Westchester County, New York, on the 1st day of December, 2004, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which said Town is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. The following resolution was offered by Councilwoman Wittner who moved its adoption, seconded by Councilwoman Seligson, to-wit A Resolution Authorizing the Issuance Of$375,000 Serial Bonds of The Town Of Mamaroneck, Westchester County, New York, To Pay the Cost of the Increase -An Improvement of The Facilities Of Water District No. 1 In Said Town. WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an order dated December 1, 2004, the Town Board of the Town of Mamaroneck, Westchester County, New York, has determined it to be in the public interest to increase and improvement of the facilities of Water District No. 1 in said Town, at a maximum estimated cost of $375,000; and WHEREAS, all conditions precedent to such capital project, including compliance with the provisions of the State Environmental Quality Review Act, have been met and complied with, and it is now desired to authorize the financing of such capital project; and NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of Water District No. 1 in the Town of Mamaroneck, Westchester County, New York, consisting of the replacement of water pumps and generator at the Rye Lake Plant, including incidental expenses in connection therewith, there are hereby authorized to be issued $375,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of said specific object or purpose is $375,000, and that the plan for the financing of the aforesaid specific object or purpose is by the issuance of the $375,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It 9 December 1, 2004 is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with and an 10 December 1, 2004 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 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 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 11. This resolution which takes effect immediately shall be published in The Journal News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Councilwoman Seligson VOTING Ave Councilman Odierna VOTING Ave Councilwoman Myers VOTING Ave Councilwoman Wittner VOTING Ave Supervisor O'Keeffe VOTING Ave The resolution was thereupon declared duly adopted. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Councilwoman Myers, seconded by Councilman Wittner, the Board of Fire Commissioners was unanimously declared open. 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 motion of Commissioner Wittner, seconded by Commissioner Myers, 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: Avaya 51.89 Lawrence Heat & Power Corp. 292.44 Nextel 692.18 ll December 1, 2004 Sound Shore Pest 130.00 Technical Electronics 38.00 Technical Electronics 297.50 Town of Mamaroneck Professional Fire Fighters 188.64 Verizon 292.10 TOTAL $1.982.75 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye AFFAIRS OF THE TOWN 1. Referral to Town Planning Board — Notification Law Mr. Maker said he had prepared a revised version of the proposed law. The revision is the addition of Section 144-5 which makes it clear that failing to comply with the notification requirements will result in an application being kept off or stricken from an agenda. If the Town Board believes this draft is final, it should refer the proposed law to the Planning Board for a report as required by the Code. If it chooses to do so, the Town Board also can set a date for a public hearing on the law, assuming ample time is left for the Planning Board's review, meeting or the Board may decide to have it at a later date. On the motion of Councilwoman Wittner seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does request the proposed Notification Law be sent to the Planning Board and to the Zoning Board of Appeals for their review and comment; and BE IT FURTHER, RESOLVED, that the Town Board does hereby set the date for public hearing on the proposed legislation for Notification Procedures for February 2, 2005; and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said notice be posted. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 12 December 1, 2004 2. Approval of Certiorari On the motion of Councilwoman Wittner seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Colella Properties, Inc. 682 Center Avenue Block: 826 Lot: 445.2 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2003 $24,300 $18,000 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On the motion of Councilwoman Wittner seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Jackson Family Holdings, LLC 519 Center Avenue Block: 830 Lot: 17 Town of Mamaroneck Village of Mamaroneck Reduced Year Current Assessment Assessment 2003 $20,000 $17,000 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On the motion of Councilman seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Bertram Siegel 137 Mamaroneck Avenue Block: 912 Lot: 14 Town of MamaronecklVillage of Mamaroneck Reduced Year Current Assessment Assessment 2003 $17,000 $14,000 13 December 1, 2004 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Abstained O'Keeffe - Aye 3. Authorization — Stipulation of Settlement— Police Department On motion of Councilman Odierna, seconded by Councilwoman Myers, the following agreement was authorized: This Confidential Settlement Agreement and Release (agreement), dated December 14, 2004, is given by POLICE OFFICER#437 and his heirs, executors, administrators, successors, assigns, and other personal representatives (hereinafter "POLICE OFFICER#437") to the TOWN OF MAMARONECK (hereinafter "the TOWN"), its predecessors and past, present and future assigns, successors, affiliates, subsidiaries, divisions, and all past, present, and future Board Members, employees and agents (individually and in their representative capacities). WHEREAS, the Town could have initiated disciplinary charges against POLICE OFFICER#437; and WHEREAS, the parties, in good faith, have agreed not to initiate the disciplinary proceedings and desire to compromise, settle and resolve the potential disciplinary proceedings, now and for all time, so as to avoid the costs and inconvenience of further litigation, and have reached in confidence this Agreement in settlement of all their differences and in substitution of all claims POLICE OFFICER#437 has or may have against the Town, arising out of or related in any way to POLICE OFFICER#437's employment with and resignation from the Town of Mamaroneck Police Department, and further agree that this Agreement adequately and forever resolves any and all such differences and claims between them; NOW THEREFORE, in consideration of the promises and mutual covenants herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, it is agreed as follows: I. [a] POLICE OFFICER#437 shall be placed back on payroll from December 1, 2004 to December 31, 2004, during all of which time he shall be "off schedule" and not required to call in. Effective at midnight on December 31, 2004, POLICE OFFICER#437 shall resign. Pending that date, his irrevocable letter of resignation shall be held in escrow by Craig Benson, Esq., attorney for the Town; on December 31, 2004; Mr. Benson may release same to the municipal clerk for filing on January 1, 2005. The agreement to keep POLICE OFFICER #437 on the payroll is in exchange for POLICE OFFICER#437's release of any and all claims he has or may have against the Town. POLICE OFFICER#437 hereby acknowledges that the only payment he shall receive is that of his base salary through and including December 31, 2004 and that this payment is in full satisfaction of any and all claims to compensation of any form.' [b] The Town agrees to pay for POLICE OFFICER#437's health insurance through, and including, December 31, 2004. ' In addition, the Town will pay any accruals that were owing to Officer Police Officer#437 as of December 31, 2004. 14 December 1, 2004 2. POLICE OFFICER #437 expressly acknowledges that the payment referenced in #1 is greater than any sum or amount of money to which he may have been entitled under any collective bargaining agreement, verbal or written employment agreement, any employment or personnel policies, procedures or handbooks, or any other legal obligation which the Town may have to POLICE OFFICER #437. He agrees, however, that this Settlement Agreement and Release is in full satisfaction of any and all obligations that the Town may have towards him. 3. In exchange for the consideration described in #1, POLICE OFFICER #437 agrees to submit an irrevocable letter of resignation effective December 31, 2004, and to waive any and all claims of any kind he may have against the Town, whether legal, equitable, administrative, or for attorney's fees and costs, known or unknown, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of this Agreement, including but not limited to any and all claims or legal actions under Title VII of the Civil Rights Act, the Age Discrimination In Employment Act, The Americans With Disabilities Act, the Family and Medical Leave Act, the New York State Human Rights Law, 29 U.S.C. `1983, claims under the United States Constitution, any other state or local law relating to discrimination or any other matter arising out of his employment with the Town, the Employment Retirement Income Security Act, claims for compensation accruals, vacation or personal time, as well as claims or legal actions alleging tortuous conduct, breach of contract, (other than this Agreement), collective bargaining agreement, wrongful discharge, detrimental reliance, defamation, and/or violations of public policy or common law. POLICE OFFICER#437 agrees to forever refrain from filing or otherwise initiating any action, charge, claim, demand, grievance, arbitration, or other legal action against the Town over matters waived in this paragraph, and agrees that he will forever refrain from participating in any action, complaint, charge, claim, demand, grievance, arbitration, or other legal action initiated or pursued by anyone else against the Town that relates in any way to the matters waived herein except as required by law. If POLICE OFFICER# 437 initiates or participates in any lawsuit in violation of these terms, or fails otherwise to abide by this Agreement, the Town is entitled to Ten Thousand Dollars ($10,000.00) without waiving this Agreement and also shall be entitled to its reasonable attorneys= fees in addition to whatever other remedies it may have. 4. Both parties represent that they have not divulged, directly or indirectly, and agree that they shall not at any time hereinafter divulge, directly or indirectly, any information concerning this Agreement, its terms, or the circumstances relating or leading up to its execution. The parties agree that the only communication, of any kind, that either party may relate, should it be necessary, is a statement that, "the matter has been resolved." It shall not be considered a breach of this obligation of confidentiality for either party or their attorneys to disclose the financial terms of this Agreement (i) in order to obtain private and confidential tax or financial advice; (ii) in order to respond to any inquiry from any governmental entity or agency regarding a tax filing; (iii) in response to any court order, subpoena, or other judicial process- Both parties and their attorneys acknowledge and agree that all information, the disclosure of which is prohibited by this Agreement, is confidential and that except for the exceptions set forth above, which are to be construed narrowly, this confidentiality obligation is to be accorded the broadest possible construction. 5. POLICE OFFICER#437, through and by his signature below, represents that he has read this Agreement and fully understands and voluntarily agrees to its terms; that he had opportunity to consider the terms of this Agreement and in fact conferred with his attorney prior to signing same; that he understands any rights that he may have under this Agreement; and that he signs this Agreement understanding that by 15 December 1, 2004 doing so he relinquishes such rights, except for any rights or claims that may arise after the date of this Agreement. This Agreement shall be enforceable upon the signing of same. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Salary Authorization Recreation On Motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that as provided for in the 2004 Town Budget the Town Board does hereby authorize the payment of salary to the following: NAME TITLE LOCATION PAY RATE EFFECTIVE Brian Alternate Hommocks $6.50/hour 11/29/04. Nadolske Skate Room Park Ice Attendant Rink Emma Alternate Hommocks $17/hour retroactive Kravet Swim Pool to 11/13/04 Instructor Gregory Lifeguard Hommocks $8.25/hour retroactive DelNegro Pool to 11/10/04. Racquel Assistant Youth $5/hour retroactive Lividini Instructor Hockey to 11/13/04 Program The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye APPROVAL OF MINUTES— October 20, 2004 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 October 20, 2004 as amended. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 16 December 1, 2004 ORAL COMMUNICATION George Roniger said he would like to see a breakdown within the budget of operating expenses. He said the tree lighting at Gardens Lake will be held on December 11, 2004 between 4:00 and 5:00 PM. He informed the Board of the passing away of Bill O'Gorman last week. He was the founding member of the Gardens Civic Association. He worked diligently for the community and lived here for 53 years. He was a great man. The Supervisor offered her condolences to his family and friends. She then read a letter from the County Department of Health about the flu vaccine shortage. She said priority for the shots will be given to seniors, the disabled and to other people with special problems. The Supervisor read a letter from Anna Danoy, Community Services Director, thanking everyone for the gift cards to Stop and Shop. ADJOURMENT IN MEMORY OF MARY ANNE JOHNSON Councilwoman Wittner read the following into the record: Mary Anne was one of the earliest environmentalists in the Town and Village of Larchmont. She had a vast fund of knowledge and never missed an opportunity to teach, to try to get people to think about their surroundings, to get them involved, to realize the impact they had and could have on their immediate environment and on the world. In 1961 the Cross County lands were turned over to the Town of Mamaroneck (TOM) with a parcel adjoining Memorial Park for$1.00 with the stipulation that it be developed for park, recreation or conservation use within 5 years or it reverted back to Westchester County. In 1963, the Cross County Lands Study Committee was appointed. Mary Anne was Secretary (Lee Bloom was Chairman). The Committee recommended in Jan. 1965 that 54 acres should be developed as "land for learning", an outdoor classroom and for quiet walks. Their recommendation for a Nature Center didn't happen, but those 54 acres are now known as the Sheldrake River Trails. In August 1964, the 5 member Conservation Advisory Committee was formed. Maryanne was the secretary. When it became the 9 member Conservation Advisory Commission (the CAC) in 1973, she remained on it, and stayed with the CAC as Emeritus in later years remaining on the Commission until 1994. From 1965-70, the Conservation Advisory Committee sponsored the Larchmont Mamaroneck Nature Council as an independent group with representatives from various groups who wished to be involved with development of the Sheldrake Trails & other conservation areas. Schools began to use the areas & needed trained people to prepare a class beforehand & assist the teacher on a field trip. Mary Anne was appointed with a science teacher to devise a course of instruction & to recruit a group of Conservation Aides. The Nature Council folded into the Local Involvement for Environment, the L.I.F.E. Center, in 1970. She served on the L.I.F.E. Center Board from 1970-97, and was Vice Chair from 1976-78. Before L.I.F.E. was formalized, MAJ worked with a group called Citizens for Environmental Quality -then with the Junior League and the CAC. Back in 1966, a group called the Mamaroneck-Larchmont Heritage Inc. formed with co chairs Mary Anne & Jim Johnson "for the express purpose of preserving & enhancing the natural beauty, character and appearance of the area and its open spaces". It was also in 1966 that 17 December 1, 2004 the Town passed a law "to regulate, protect and promote the orderly use of Conservation Areas in the Town". Mary Anne wrote numerous newspaper articles for a series called A Weekly Journey Through Nature's Trails that appeared in the Journal News (then known as the Daily Times) from 1966-74. She was responsible for coordinating the weekly articles written by local volunteers. Mary Anne served as a trained naturalist from 1965-93. For 28 years, she did everything from developing slide shows, teaching classrooms, and leading walks for children & adults, and getting out in the fields and marshes herself for cleanups. She lobbied, wrote letters and articles, taught anyone who would listen, Mary Anne was a lobbyist whether on local issues, county, state or federal subjects- she participated through letter writing, telephone calls and getting as many local people involved as she could. She took photos, did whatever to make people aware. She reached out to the academic community- getting them involved in studying local marshes, water quality and the like. I'll give you a few examples of her lobbying efforts which also involved members of the L.1.F.E. Center. In 1972 she supported the Environmental Bond Act, and the New York State bill to prohibit hunting of migratory game birds in Larchmont Harbor. 1973 saw her opposed to having active recreation facilities at the Hommocks and/or Premium River areas because salt water marshes are scarce and fragile, they serve as feeding grounds for fish and wildlife and retard flooding. In 1974, she urged residents to speak out and attend hearings concerning the proposed Rye-Oyster Bay Causeway Bridge, and she urged passage of the Freshwater Wetlands Management Act. In 1975, pollution of the Mamaroneck River by Blood Bros. in Mamaroneck Village was brought to the attention of the State Attorney General's Office who then required them to construct an 8 ft high restraining fence and remove debris from Sheldrake River. Unfortunately, this problem still exists today. 1976 saw her working to keep Environmental Studies Program at SUNY Albany while she also participated in hearings for New York State to adopt a Tidal Wetlands law. In 1977, she urged support for a NY Senate bill to ban one way beverage containers knowing how important recycling is. She advocated for acquisition by Westchester County of the 22 acre Jay Property. Then in 1979, she and her husband James Johnson Jr. fought the battle to retain and protect the Larchmont Reservoir as a conservation area because of its importance in flood control, as a freshwater body for studying local vegetation and wildlife, for passive recreation, adding that its excellent water quality could be used as backup water supply. Mary Anne was one of the guides who led a Larchmont Reservoir walk for 58 county, local officials and citizens so they could see why the property should be saved from development. Beginning in 1988, David's Island in New Rochelle became her focus as did the preservation of Bonnie Briar Golf Club as a recreation area. 1992 saw her focus her efforts on a proposed subdivision of a residential property adjacent to the Larchmont Reservoir(the Diforio property) which did not occur. 18 December 1, 2004 From 1982-86 she was appointed to the Coastal Zone Management Committee (the group that wrote the TOM-Village of Larchmont Local Waterfront Revitalization Program). She was then appointed to the Coastal Zone Management Commission and served until 1989. This is only a short list of her achievements and involvement. Mary Anne was a special breed selfless, unassuming, diligent, intelligent and willing to be involved in any issue for the betterment of our environment- be it local or global. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was unanimously adjourned at 10:55 PM in memory of Mary Anne Johnson. Submitted by Patricia A. DiCioccio, Town Clerk F ADocuments\M i n utes\2004m i nfl12-01-04x.doc 19