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HomeMy WebLinkAbout2004_02_25 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON FEBRUARY 25, 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 CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:30 PM. She then pointed out the location of exits. She said the Board had convened into a Work Session at 5:00 PM to discuss Historical Cemeteries, the Citizen's Survey, Westchester County Surplus Land, Hommocks Pool, Medical Insurance, and Cable Television Rate Resolution. The Supervisor then introduced George Latimer, County Legislator. Mr. Latimer said he was here to update the Town on what was going on with the County Budget for 2004. He said most of the increase was caused by mandatory items such as Medicaid, the state retirement increase, as well as health insurance premiums. They had tried to cut bus services, but residents fought and it was reinstated. Supervisor O'Keeffe asked him about the Westchester County Medical Center and, since it actually serves three counties, do the other two counties pay towards it. Mr. Latimer replied that they did not. Westchester County actually spun off the hospital because of it, in hopes of privatization —which has not been successfully accomplished. Councilwoman Seligson asked if Westchester County had a fiduciary responsibility towards the hospital. Mr. Latimer said they stand behind the bonding; therefore, if the hospital becomes insolvent, that burden becomes a county responsibility. Councilwoman Wittner asked if the County has representatives on its board. Mr. Latimer said yes, and they get updated reports. Councilwoman Myers wanted to know if there were talks with the other entities to take over the hospital, to which Mr. Latimer said he could not answer because negotiations are restricted. There was a lengthy discussion about the county budget, cost savings, sales tax, and increasing costs. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 9:00 PM and on motion of Councilwoman Wittner, seconded by Councilwoman Seligson. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers February 25, 2004 Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson 1. Fire Claims Commissioner Wittner presented fire claims for authorization of payment, thereafter on Commissioner Witter's motion, 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: Brewer Hardware. 115.66 Cleaning Systems Co. 226.64 Con Edison 1702.52 Con Edison 13.28 Excelsior Garage & Machine Works, Inc. 1,155.82 Industrial Medicine Assoc. 600.00 IOS Capital 159.00 IOS Capital 140.21 Joseph Caldararol 130.00 Motorola 156.00 Staples 335.34 Staples 125.33 Technical Electronics, Inc. 50.00 TOTAL 4,909.80 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Myers, the Commission unanimously adjourned at 9:05 PM. AFFAIRS OF THE TOWN 1. Authorization - Renewal of Agency Agreement - South East Consortium. The Administrator explained this agreement allows for a payment of$19,709.00 for South East to provide recreational services for disabled residents. The consortium is made up of nine communities who share in the costs of running the programs. RESOLVED, that the Town Board does hereby approve the agreement with South East Consortium in the amount of $19,709.00, for them to provide recreational programs to disabled residents for the year 2004. BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said agreement on behalf of the Town. 2. Authorization - Renewal of Employee Assistance Program Agreement. Mr. Altieri said this agreement would provide specialized referral services to all Town Employees who may be in some form of distress, such as family problems, credit, or 2 February 25, 2004 various other concerns. The costs are the same as last year and he recommended approval. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the Employee Assistance Program Agreement between the Town and the County of Westchester at a cost of$25 per employee for a total of$3,125; and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Authorization - Renewal -Animal Control Contract. The Administrator said this contract with Ace Trapping will pay them to remove dead animals, and also the addling of Canadian geese eggs at Garden's Lake. The cost is $5,000 for 2004. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the Animal Control Agreement with Ace Trapping in the Amount of $5,000 for the year 2004; and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Report of Bids - Street Sweeping Contract Mr. Altieri said this would provide street sweeping services in the Town for the year 2004. They typically sweep streets four times per year. We sent out specifications for this bid to four companies but only one sent in a bid, 3D Industrial Maintenance, who is currently and has been our contractor. The contract would be for two years ending in December of 2005. The bid is based on a per-day cost of$672, with an expectation of 24 sweeping days per year. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was: RESOLVED, that the Town Board does hereby approve the Street Sweeping Contract with 3D Industrial Maintenance, Hawthorne, NY, at a cost of$672 per day with a total of 24 days per year, said contract to expire December 2005. 3 February 25, 2004 BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 5. Resolution - Surplus Land - Westchester County. The Supervisor explained she had received a communication from the County asking if the Town could formally adopt a resolution stating it relinquishes its rights to purchase land offered by the County (as specified below). On motion of Councilman Odierna, seconded by Councilwoman Seligson, the following resolution was adopted: WHEREAS, the County of Westchester desires to convey certain County property consisting of approximately 1,376 square feet of vacant land (the "Property") located at 108 Myrtle Blvd., Mamaroneck, New York (Tax Lot Section 1 Block 126 Lot 429) to George Vecchione; and WHEREAS, in accordance with Section 209.101(8) (b) of the Laws of Westchester County, the County of Westchester ("County") has offered the Town of Mamaroneck (the "Town") the opportunity to purchase said Property under the following terms and conditions: 1. For use in perpetuity for park and recreation purposes for the sum of one dollar ($1.00); 2. For other municipal purposes at the current appraised value as determined by the County Board of Legislators, or for no more than the same consideration for which it is proposed to be sold to George Vecchione, whichever is less; 3. The deed conveying said Property to the Town for either purpose listed above shall include clauses specifying said purpose and that the Property shall revert to the County if it is not utilized for that purpose within five (5) years or at any time that such specifically enumerated use ceases; the Town shall elect to make such purchase within ninety (90) days of its receipt of this offer from the County; this opportunity to purchase this Property shall not constitute a right to purchase and may be withdrawn by the County at any time. NOW THEREFORE, BE IT RESOLVED, that the Town waives and relinquishes any rights that it may have under the aforesaid opportunity to purchase said Property. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4 February 25, 2004 6. Authorization - Settlement of Certiorari. The attorney explained the proposed settlements and recommended they be approved. On 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: Bar- Larch Associates 2 East Avenue Larchmont, New York Block: 602 Lot: 701 Reduced Year Assessment Amount of Reduction Assessment 1997 $150,000 -0- N/A 1998 $150,000 -0- N/A 1999 $150,000 -0- N/A 2000 $150,000 -0- N/A 2001 $150,000 $10,000 140,000 2002 $150,000 $30,000 120,000 2003 $150,000 $10,000 120,000 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Seligson, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: James Carnavalla 147 Plaza Avenue Mamaroneck, New York Block: 823 Lot: 285.1 Reduced Year Assessment Amount of Reduction Assessment 1998 $22,000 -0- $22,000 1999 $22,000 -0- $22,000 2000 $22,000 $ 1,000 $21,000 2001 $22,000 $ 3,600 $18,400 2002 $22,000 $ 7,000 $15,000 2003 $22,000 $ 8,500 $13,500 The above resolution was put to a roll call vote: 5 February 25, 2004 Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On 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: 610 Fayette Avenue Associates 608-610 Fayette Avenue Mamaroneck, New York Block: 829 Lot: 87 Reduced Year Assessment Amount of Reduction Assessment 2003 $34,600 $16,600 $18,000 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Seligson, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Christian Nitzsche 501 Center Avenue Mamaroneck, New York Block: 830 Lot: 40 Reduced Year Assessment Amount of Reduction Assessment 1998 $17,500 -0- $12,500 1999 $17,500 -0- $12,500 2000 $17,500 $ 1,000 $12,500 2001 $17,500 $ 5,000 $12,500 2002 $17,500 $ 5,000 $12,500 2003 $17,500 $ 5,000 $12,500 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7. Set Public Hearing -Amendment - Boston Post Road Business District Zoning (no attachment) 6 February 25, 2004 RESOLVED, that the Town Board does hereby set the date for public hearing on the Boston Post Road Business District Zoning for March 17, 2004; 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 newspaper, and that said notice be so posted. 8. Cable Television Rate Resolution Councilwoman Myers explained the negotiations for the franchise agreement for Cable TV has begun. They will be looking at the structure to ensure compliance and also be looking at the rates. The present agreement expires May 2006. Our consultant has reviewed the proposed rate change and saw mistakes which have reduced them slightly. Each of the three municipalities has to adopt the agreement separately. All the different needs will be assessed over the next two years. She recommended the Board adopt the proposed resolution. On motion of Councilwoman Judith Myers, seconded by Councilwoman Phyllis Wittner, the following was adopted: WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. §543, as amended ("Cable Act"), and Chapter 74 of the Town Code of the Town of Mamaroneck, the Town Board of the Town of Mamaroneck ("Board") is permitted to regulate rates for basic cable service and equipment (including installations); and WHEREAS, Cablevision of Southern Westchester-Mamaroneck ("Cablevision") filed with the Board of Control Federal Communications Commission ("FCC") Form 1240 dated March 1, 2003, "Updating Maximum Permitted Rates for Regulated Cable Services," ("March 2003 Filing"), seeking a rate increase with respect to basic and cable programming service, purporting to set forth and justify the rates it proposed to charge subscribers in the Town of Mamaroneck for basic cable service; and WHEREAS, under applicable FCC rules, a community has one year to review a rate filing and order refunds for rates charged pursuant to that filing, so that it is urgent that the Town Board of the Town of Mamaroneck exercise its authority immediately with respect to the March 2003 Filing; and WHEREAS, the Larch mont-Mamaroneck Cable TV Board of Control ("Board of Control") received and preliminarily reviewed the March 2003 Filing, and WHEREAS, the Board of Control issued the "Recommendation of the Larch mont-Mamaroneck Cable TV Board of Control Regarding Cablevision's March 2003 FCC Form 1240 Filing," appended here as Attachment 1, which includes a proposed Order with respect to the March 2003 Filing; and WHEREAS, the Town Board of the Town of Mamaroneck finds, after considering all comments, that the recommendations of the Board of Control including the attached February 9, 2004 report of Aspaugh & Sculco, CPAs which provides the basis for those recommendations and the attached proposed Order, should be approved and Cablevision ordered to pay refunds for overcharges, and reduce rates and take other steps as provided further herein. 7 February 25, 2004 NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Mamaroneck that: Section I. The attached ORDER SETTING THE MAXIMUM PERMITTED RATE FOR CABLE TELEVISION RATES FOR BASIC SERVICE PURSUANT TO FCC FORM 1240 DATED MARCH 1, 2003 is hereby adopted as if set forth fully herein. The recommendations of the Board of Control and February 9, 2004 report of Aspaugh & Sculco, CPAs which provides the basis for those recommendations and the attached order are approved. Section 2. This resolution constitutes the written decision required by 47 C.F.R. § 76.936(a). Section 3. To the extent that the Mamaroneck Town Code would impose deadlines or hearing requirements more stringent than those observed with respect to this process, and waiver of such requirements would be consistent with applicable FCC regulations, the Board hereby waives such requirements, finding that no party would be substantially harmed thereby. Section 4: This resolution shall be effective immediately upon its approval by the Board. Section 5: This resolution shall be released to the public and to Cablevision, and a public notice shall be published stating that this resolution has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 9. Salary Authorizations - Highway Department On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby promote Ronaldo Vega from Laborer to Motor Equipment Operator at an annual salary of$48,715, effective February 26, 2004; and BE IT FURTHER, RESOLVED, that the Town Board does hereby promote Max Llaque from Laborer to Motor Equipment Operator at an annual salary of$42,795, effective February 26, 2004; and BE IT FURTHER, RESOLVED, that the Town Board does hereby promote Luis Santana from Laborer to skilled laborer Motor Equipment Operator at an annual salary of$39,835, effective February 26, 2004; and BE IT FURTHER, RESOLVED, that the Town Board does hereby promote Giovanni Bianco from Laborer to Skilled Laborer at an annual salary of$48,715, effective February 26, 2004; and 8 February 25, 2004 BE IT FURTHER, RESOLVED, that the Town Board does hereby promote Anthony Buonnano from Skilled Laborer to Heavy Motor Equipment Operator at an annual salary of$50,605, effective February 26, 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Ambulance District Authorization was requested to hire Scott Mikos as Basic Life Support Coordinator for the Ambulance District for $36,115 annually. There was a discussion on the rate of salary. The Supervisor said Kelly, who had the job previously, was making in the $32,000 range; why was this so much higher. Mr. Altieri replied it was the union scale. The Supervisor asked before we voted on it why other members of the Ambulance District Board are not aware of this. After further discussion, on motion of Councilwoman Wittner, seconded by Odierna, it was RESOLVED, that the Town Board does hereby hire Scott Mikos for the position of Basic Life Support Coordinator in the Ambulance District at an annual salary of$36,115, effective February 26, 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Nay ADDED AGENDA ITEM 10. Change of Meeting Date —April 7, 2004 to March 31, 2004 On motion of Supervisor O'Keeffe, seconded by Councilwoman Myers, the following was unanimously adopted: RESOLVED, that the Town Board does hereby change the regular meeting date of April 7, 2004 to March 31, 2004. APPROVAL OF MINUTES - October 15, 2003, November 19, 2003, December 3, 2003, January 29, 2004 On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby approve the minutes of October 15, 2003, November 19, 2003, December 3, 2003, and January 29, 2004 as amended. ORAL COMMUNICATIONS George Roniger, representing the Larchmont Gardens Civic Association, invited everyone to the Spring Fling being held on May 1, 2004. He asked about plantings along the brook. 9 February 25, 2004 SUPERVISOR REPORTS Supervisor O'Keeffe said she had spoken to people in Albany regarding revaluation to no avail. We have to get them to make a commitment; a sit-down should be held with elected officials along the Sound Shore, although Steve Otis from Rye, wants no part of it. The New Rochelle Manager likes it. The State Legislators laughed in our face. We need the County to do a resolution in favor of this. She attended a NYCOM meeting where upstate communities were clamoring for relief from the pension costs, it is so bad some were talking about dissolving. Mr. Hevesi spoke and assured everyone there would never be a time where there would be no contribution again, which is what caused this situation. They also spoke about the Wicks law. Everyone wants to get rid of it, or raise the limit to $1,000,000. REPORTS OF THE COUNCIL Councilman Odierna said he attended the Association of Towns meeting in the City where he spoke to vendors, collected a lot of material and business cards and one person, Vincent Smith, wants to help us on revaluation. The theme was intermunicipal cooperation, especially on GIS. Councilwoman Seligson said she attended the conference, too. There were so many things to choose from and sometimes you were in rooms with people from other municipalities with little in common, but she was happy she went. The LI Sound Stewardship System proposed by NYS agencies and the Federal government will be discussed tomorrow night in New Rochelle. Come, listen and see how the public feels about this and see what needs protecting. A volunteer program is being proposed to connect important parcels along the Sound. It will begin at 7 PM. Councilwoman Myers said the Traffic Meeting was cancelled. She would be attending the Board of Architectural Review meeting tomorrow night. They will be discussing revisions to Duane Reade and Webster Bank. Councilwoman Wittner said Coastal Zone Management had met last night and discussed the Women's Spa. Their annual report will be given soon. Liz Paul has done a great job. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the meeting was adjourned at 10:45 PM into Executive Session. Submitted by Patricia A. DiCioccio, Town Clerk F:\Documents\Minutes\2004minf\02-25-04x.f 10