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HomeMy WebLinkAbout1999_02_10 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, February 10, 1999, Town Center Courtroom, 8:15 PM. THE TOWN BOARD WILL CONVENE AT 6:45 PM into a Work Session for Service Awards Program and adjourn at 7:45 PM into an Executive Session to discuss Personnel. CONVENE REGULAR MEETING CONVENE WORK SESSION RECESS WORK SESSION CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING PUBLIC HEARING -SENIOR EXEMPTION PROGRAM BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Discussion of Service Awards Program 3: Other Business AFFAIRS OF THE TOWN 1. Appointment - Board of Ethics 2. Discussion -Appointment of Town Prosecutor 3. Authorization - Lease Agreement JAD Management 4. Resolution - Sales Tax Extension 5. Salary Authorization - Recreation 6. Approval of Certiorari APPROVAL OF MINUTES - December 16, 1998 - January 6, 1999 PROCLAMATIONS - 95TH BIRTHDAY OF MARY JOSEPHINE ANGUILO BLACK HISTORY MONTH AMERICAN HISTORY MONTH ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF COUNCIL NOTE: There will be a "Last Meeting"reception hosted by Town officials for outgoing Supervisor Elaine Price from 7:00 PM to 8:00 PM prior to the regular Town Board meeting on Wednesday, February 24, 1999. The reception will be held in the lobby outside the Courtroom at the Town Center. Next regularly scheduled meetings - February 24, 1999 March 3, 1999 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON FEBRUARY 10, 1999 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Elaine Price Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilwoman Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney ABSENT: Councilman Barry Weprin, who was out of town on business CONVENE EXECUTIVE SESSION The Board convened into a Work Session at 6:45 PM in Conference Room A of the Town Center to discuss the Service Awards Program and adjourned at 7:45 PM into an Executive Session to discuss personnel. On motion duly made and seconded the Board adjourned at 8:15 PM to the Court Room. CALL TO ORDER The Regular meeting of the Town Board was called to order by Supervisor Price at 8:25 PM, who then pointed out the location of exits. The Supervisor introduced Mrs. Angiulo, who was here with her daughter Nancy. She then read the following proclamation: PROCLAMATION MARY JOSEPHINE ANGIULO WHEREAS, MARY JOSEPHINE ANGIULO has reached the exciting age of 95 years- almost 10 decades of fulfilling life and has witnessed the progress made from candle light to electricity to electronics;from horse drawn vehicles to airplanes.to space travel; and WHEREAS, MARY is a loving mother, grandmother and great grandmother; and WHEREAS, MARY was born in Naples, Italy on February 4, 1904. MARY emigrated to the United States in 1906 and moved to Larchmont in 1968 where her many accomplishments include: active member of St. Augustine's Church;Election Inspector for approximately thirty(30) years;an active member of the Larchmont Senior Citizens since 1973;and winner of the Senior Citizens'Painting Contest(Larchmont Bi-Centennial in 1976;and WHEREAS, MARY's tireless efforts as an ambassador of good will in both the Town of Mamaroneck and the Village of Larchmont, have established bonds of friendship, February 10, 1999 cooperation, and respect which will be MARY's legacy to the Mamaroneck/Larchmont community for generations to come. NOW THEREFORE, BE IT RESOLVED, that 1, Elaine Price Supervisor of the Town of Mamaroneck and the Town Board members extend to, MARY JOSEPHINE ANGIULO our very best wishes and the community in recognizing and honoring a truly outstanding member of the community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 10' day of February 1999. Mrs. Angiulo thanked everyone and her daughter Nancy said that they were on their way to Massachusetts to visit with a few of Mrs. Angiulo's great grandchildren. PUBLIC HEARING -SENIOR EXEMPTION PROGRAM 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, February 10, 1999 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to amend Local Law 7-1998 entitled "Amend Article VI of the Town Code in Relation to the Alternative Veterans Exemption by adding Section 195-28 Cooperative Apartments" to include Westchester County. On motion made by Councilman Ryan, seconded by Councilwoman Wittner the Public Hearing was declared open. The Town Attorney explained that the purpose of the amendment was to clarify whether the exemptions given to seniors would also apply to county taxes. The Supervisor asked if anyone wished to speak either in favor of or against the proposal. Bill O'Gorman, a Town resident, asked if this would apply to both County and Town taxes. The Town Attorney responded that this would make clear that the exemption applies to the County tax that is billed by the Town. Mr. O'Gorman stated that 4%"is to low an exemption for those who live in this community, especially for those who live on a restricted income. Ms. Indelicato explained that the Town has adopted the highest level allowed by law, maximizing it as much as permitted by the State. Councilman Ryan said that it is unfortunate that there are no automatic cost of living adjustments. Then, on motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe the hearing was closed. On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the following local law was unanimously adopted: LOCAL LAW NO. 2- 1999 This Local Law shall amend Local Law 4-1997, Senior Citizen Tax Exemptions 2 February 10, 1999 Section 1 - Purpose: The purpose of this Local Law is to amend Section 195-7 of the Code of the Town of Mamaroneck to conform with recent amendments to the enabling provisions of Real Property Tax Law Section 467 as it relates to County Senior Citizens Tax Exemptions. Section 2 -Amendments: Section 195-7 shall be amended to add Section F to read as follows: F. Persons reaching 65 years of age on or before December 31 are eligible to apply for county tax purposes for the.assessment roll applicable to that year. Tenant-stockholders of cooperative apartment corporations are eligible to apply for county tax purposes. Annual Income Limitations for County tax purposes: $18,500 or less 50% $18,500.01 to $19,499.99 45% $19,500 to $20,499.99 40% $20,500 to $21,499.99 35% $21,500 to $22,399.99 30% $22,400 to $23,299.99 25% $23,300 to $24,199.99 20% $24,200 to $25,099.99 15% $25,100 to $25,999.99 10% $26,100 to $26,899.99 5% Section 3 Effective Date: The Local Law shall take effect immediately. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price in the Court Room. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner ABSENT: Commissioner: Barry Weprin 1. Discussion of Service Awards Program The Supervisor said that there was an issue about service awards that she supports but will need more clarification. She said that there would be a referendum on the matter. The status and health of volunteer firefighters are being discussed here and in many municipalities. She then introduced Wayne Hopkins, a representative from a company working with our volunteer fire department on working out the details of coverage. Mr. Hopkins thanked her and said that he has spent 15 years with his company and has watched the tide change with the available pool of volunteers; they're much harder to find and keep. The numbers keep diminishing, as fires are increasing. It takes a lot of p p 9� 9 time to be a volunteer fire fighter: training, care of equipment, attendance at meetings, etc. A death and disability benefit would give more incentive to have them join and stay. The benefits would be provided on a sliding scale basis based on hours volunteered with a minimum amount of activity that would be required in order to qualify for the program. He explained further the benefits and how they would accrue. 3 February 10, 1999 In response to a question from Councilwoman O'Keeffe, he said that the cost of the program would be approximately $68,000 annually, which is based on 50 members who would be vested after 10 years. He said that the minimum coverage would be a $10,000 death benefit. There then followed a discussion on costs and expectations for increased enrollment. The Supervisor said that there are still many questions that need answering, but the - Board's full support is behind this and there would be a referendum. She thanked Mr. Hopkins and also Joe Mirabella and Frank Cioffi who had worked on this project. 2. Fire Claims Commissioner Ryan presented fire claims for authorization of payment, thereafter on Commissioner Ryan's motion, seconded by Commissioner Wittner, it was unanimously: 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: American Mgt. Association 137.70 (changed from 137.50) Brewer Hardware 89.93 Con Edison 2.03 Excelsior Garage & Machine Works 2543.23 Excelsior Garage & Machine Works 2546.10 Gall's Inc. 53.24 Gall's Inc. 106.55 Grant's Florist& Green House 175.00 Larchmont Vol. Ambulance 359.00 Pronto Printer 260.00 SSMC 776.00 Thomas Landau, M.D. 250.00 Thomas Landau, M.D. 285.00 Thomas Landau, M.D. 215.00 Thomas Landau, M.D. 180.00 Town of Mam'k Prof. Fire Fighters 204.36 Westchester County Association 250.00 Home Depot 605.58 Total $9,038.72 It was noted that although the total is correct-the amount for American Mgt. Association was increased by 20 cents. There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner O'Keeffe, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Appointment- Board of Ethics On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that Edwin Kaufman 21 Mohegan Road, is hereby appointed as a member of the Board of Ethics of the Town of Mamaroneck to replace Christine Helwig who resigned December 1998. This term will expire December 2000. 4 February 10, 1999 2. Discussion -Appointment of Town Prosecutor The Supervisor said that she wanted to appoint a committee comprised of Councilman Ryan and Councilwoman O'Keeffe to find and appoint a second Town Prosecutor. 3. Authorization - Lease Agreement JAD Management The Administrator explained that a tenant, Patrick Gizzo, had recently moved out of his office on the third floor. JAD Management, currently located on the third floor, has asked to lease that vacated space. They've agreed to pay $576.00 for the remainder of February and will pay $883.00 thereafter for the addition 750 square feet. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby approve the lease agreement between the Town and JAD Management allowing them to lease an additional 750 square feet on the third floor of the Town Center at the cost of$576.00 for February 1999 and $883.00 per month through to October 1, 2000; then $11,630 annually commencing October 1, 2000 to September 31, 20001; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to sign said lease agreement on behalf of the Town. 4. Resolution -Sales Tax Extension Supervisor Price explained that a bill was being submitted to the State to extend the distribution of sales tax monies to local municipalities. The Town received $875,000 this past year and that would be a lot for us to lose. It enabled us to pass a budget with a zero increase to taxes. We are therefore proposing a resolution urging that the State extend the sales tax sharing. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe the following resolution was unanimously adopted. WHEREAS, cities, towns and villages in Westchester County are severely restricted in their revenue base, with real property tax as their main source of revenue constantly rising and putting a disproportionate burden on the property owner, and; WHEREAS, the County Executive and the Board of Legislators advocated and approved the distribution of sales tax revenue to the cities, towns, villages and school districts, in accordance with Chapter 272 of the Laws of 1991, and; NOW THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck hereby requests that Senator Suzi Oppenheimer and Assemblyman Ronald Tocci support a two-year extension on Article 29, Section 1262-b of the tax law entitled 1991 property Tax Relief Act, which said law presently has a sunset provision of May 31, 2000, and; 5 I. V February 10, 1999 BE IT FURTHER, RESOLVED, that by copy of this resolution we urge our representatives to support the extension of the 1991 Property Tax Stabilization and Relief Act until such time as New York State Aid to Local Governments is restored. The Supervisor requested that the above resolution be mailed to Assemblyman Ron Tocci and Senator Suzi Oppenheimer's offices. 5. Salary Authorization Recreation On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that as provided for in the 1999 Town Budget, authority is hereby given for the payment of salary to the following: Michael Gonzalez, Alternate Pool Manager, Hommocks Pool, $10/hour, effective 2/9/99. Francine Aivas, Women's Fitness Instructor, $55/session, effective retroactive to 2/1/99. 6. Approval of Certiorari A communication was received from the Town Attorney asking that the ensuring settlements of certiorari be approved. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby approve the following reduction to assessments as recommended by the Town Attorney and Assessor: SUBURBAN CARTING 309 FAYETTE AVE. BLOCK 831 LOT 215 Year Assessment Reduced To Amount of Reduction 1993 $18,100 $15,000 $3,100 1994 $18,100 $15,000 $3,100 1995 $18,100 $15,000 $3,100 1996 $18,100 $15,000 $3,100 1997 $18,100 $15,000 $3,100 1998 $18,100 $15,000 $3,100 The Town will refund approximately $250 for the six years in question. The loss to the Town will be approximately $40 per year. TEN GRAND INC., 1330 BOSTON POST ROAD BLOCK 410 LOT 463 6 February 10, 1999 Year Assessment Reduced To Amount of Reduction 1994 $510,000 $395,000 $115,000 1995 $510,000 $395,000 $115,000 1996 $332,700 $332,700 -0- The Town will refund approximately $31,000 for the three years in question. The loss to the Town is approximately $15,500 per year for 1994 and 1995 and no loss thereafter. MANUFACTURER'S HANOVER TRUST 1350 BOSTON POST ROAD BLOCK 410 LOT 130 Year Assessment Reduced To Amount of Reduction 1993 $191,500 $65,000 $126,000 1994 $ 95,500 $65,000 $ 30,500 1995 $ 95,500 $65,000 $ 30,500 1996 $ 95,500 $65,000 $ 30,500 1997 $ 95,500 $65,000 $ 30,500 1998 $ 95,500 $65,000 $ 30,500 The Town will refund approximately $37,600 for the six years in question. The loss to the Town is approximately $4,100 per year. LARCHMONT HILLS CORP. 17 N. CHATSWORTH AVE. BLOCK 133 LOT 662 Year Assessment Reduced To Amount of Reduction 1994 $230,000 $180,000 $50,000 1995 $230,000 $180,000 $50,000 1996 $230,000 $180,000 $50,000 1997 $230,000 $180,000 $50,000 The Town will refund approximately $33,750. The loss to the Town is approximately $6,750 per year. JANINA BOUKOUKHLIAN MOUNT PLEASANT AVE. BLOCK 907 LOT 71 1993,1994, 1995: $14,500 ($310,000 value) 1996,1997, 1998: $15,000 ($351,000 value) Year Assessment Reduced Amount of Reduction 1993 $18,000 $14,500 $3,500 1994 $18,000 $14,500 $3,500 1995 $18,000 $14,500 $3,500 1996 $18,000 $15,000 $3,000 1997 $18,000 $15,000 $3,000 1998 $18,000 $15,000 $3,000 The Town will refund approximately $265 for the six years in question. The loss to the 7 February 10, 1999 Town is approximately $40.50 per year. Patricia Gardens 1825-1829-1833 Palmer Ave. Block 603 Lot 113 Year Assessment Reduced To Amount of Reduction 1994 $175,500 $150,000 $25,500 1995 $175,500 $150,000 $25,500 1996 $175,500 $150,000 $25,500 1997 $175,500 $150,000 $25,500 1998 $175,500 $150,000 $25,500 The Town will refund approximately $1,700 for the five years in question. The loss to the Town will be approximately $344 per year. The Village of Larchmont refund will be approximately $2,165 for the period in question and the loss to the Village will be approximately $21,675 over the five year period in question. Vincent and Filomena Paniccia 636 Fenimore Road Block 830 Lot 107 Year Assessment Reduced to Amount of Reduction 1993 $41,000 $22,000 $19,000 1994 $41,000 $22,000 $19,000 1995 $41,000 $22,000 $19,000 1996 $41,000 $22,000 $19,000 1997 $41,000 $22,000 $19,000 199'8 $41,000 $20,000 $21,000 The Town would refund approximately $1,500 for the six years in question. The loss to the Town would be approximately $285 per year. APPROVAL OF MINUTES On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe it was unanimously, RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of December 16, 1998, as amended. The minutes from the meeting of January 6, 1999 were held over. PROCLAMATIONS - BLACK HISTORY MONTH AMERICAN HISTORY MONTH The Supervisor read the following proclamations: PROCLAMATION BLACK HISTORY MONTH WHEREAS;BLACK HISTORY MONTH is celebrated each year in February; and WHEREAS; that celebration continues to grow, as African-Americans and others devote increasing attention to their role in American society; and 8 February 10, 1999 WHEREAS;it is our hope that during this year we remember the African-Americans who selflessly and bravely contributed to our Nation's progress. NOW, THEREFORE, BE IT RESOLVED, that 1, Elaine Price, Supervisor of the Town of Mamaroneck and the members of the Town Board hereby proclaim that the month of February 1999 as BLACK HISTORY MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 10t' day of February 1999. PROCLAMATION AMERICAN HISTORY MONTH WHEREAS; the Congress of the United States of America has designated February as AMERICAN HISTORYMONTH;and WHEREAS; the National Society Daughters of the American Revolution sponsor February as American History Month each year, and WHEREAS; the backbone of this great nation of America is its history, upon which all of our accomplishments are based. NOW, THEREFORE, BE IT RESOLVED, that 1, Elaine Price, Supervisor of the Town of Mamaroneck and the members of the Town Board hereby proclaim that-the month of February 1999 as AMERICAN HISTORY MONTH throughout the Town of Mamaroneck and urge all residents to join with me and the Town Board in the celebration of AMERICAN HISTORY MONTH. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 10t' day of February 1999. ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS Supervisor Price stated that after four months of a disciplinary hearing against Officer Cedric Winn, the Honorable Martin R. Goldberg, a Federal Judge for the Southern District of N.Y. sitting as a hearing officer, found that the Town "convincingly" proved that Officer Winn committed misconduct. The Honorable Martin Goldberg further found that the misconduct was "so egregious that as a Hearing Officer he would recommend that the Board consider the termination of Police Officer Cedric Winn as a Police Officer with the Town of Mamaroneck Police Department." The misconduct as set forth in the hearing officer's findings would be considered an E Felony under N.Y. State Penal law. The Town Board met as a Board of Police Commissioners and after reviewing the total record found the hearing officer's recommendation to be credible and based on substantial evidence. The Town Board also accepted and adopted the hearing officer's recommendation of termination. She said that she was proud of the way the Police Department had responded and of their conduct since they are under great duress. Everyone has been treated and continues to be treated equally and fairly. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe the meeting was adjourned at 9:45 PM into an Executive Session to discuss litigation. Submitted by: Patricia A. DiCioccio, Town Clerk C:\MSOffice\Winword\MINUTES\99minf\02-10-99x.doc 9