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HomeMy WebLinkAbout2005_11_02 Town Board Minutes REVISED* NOVEMBER 2, 2005 TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING —Wednesday, November 2, 2005 in the Town Center Court Room at 8:15 PM THE TOWN BOARD WILL CONVENE at 5: 00 PM into a Work Session to discuss Floor Area Ratio, Illuminations Sign Law, Broadband Investment and Consumer Choice Act, Boards and Commissions, Update 74 Lansdowne, 2006 Budget, Retirement Benefits - Town Justices. RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN 1. Reports of Bids —TA-05-5 Hommocks Conservation Area Improvement Project 2. Set Public Hearing —Veterans Tax Exemption 3. Approval of Certiorari 4. Salary Authorization — Police Department Town Prosecutor Recreation 5. Investment and Consumer Choice Act PROCLAMATION — School Board Recognition Week* APPROVAL OF MINUTES -August 8, 2005 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERKS REPORT Next regularly scheduled meetings - November 16, 2005 & December 7, 2005 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. November 2, 2005 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON NOVEMBER 2, 2005, 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 Councilman Ernest C. Odierna Councilwoman Nancy Seligson Councilman Paul A. Winick ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Denis Brucciani, Town Comptroller Anna Danoy, Community Services Director WORK SESSION Community Services There was a discussion regarding the budget for Community Service, with a request for new tables and chairs for the Larchmont Senior Center. They also discussed an additional part time worker for the office, and implementing a meal program for Seniors at the center. Fiscal Balances The Town Comptroller, Denis Brucciani outlined the fund balances that were over budget for the year. Illuminated Signs The Board discussed with the Town Attorney what provisions they wanted included in the law regulating these signs. Councilwoman Wittner showed a picture of a sign recently put up at a Chinese restaurant which had red and yellow lettering, which was obnoxious looking she said. Councilman Odierna said he thought the moratorium was too broad. A lengthy discussion ensued. The Board then adjourned into Executive Session for a discussion with the Town Justices. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:25 PM. She then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Councilman Odierna, seconded by Councilwoman 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: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: Paul A. Winick 2 November 2, 2005 1. FIRE CLAIMS Commissioner Seligson presented fire claims for authorization of payment, thereafter on Commissioner Seligson's motion, seconded by Commissioner Wittner, 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: American Gun & Uniform Supply 118.89 Avaya 51.89 Bonnie Briar Country Club 5940.00 Cablevision 29.25 Clinton Kearney Door 90.00 Clinton Kearney Door 216.40 G&K Services 133.25 Loose leaf Law Publications 35.50 Nextel 274.34 Pitt Stop Auto Parts 434.95 Poland Spring 43.53 Scanner world USA 233.49 Town of Mam'k Professional Fire Fighters 282.96 Town of Mam'k Professional Fire Fighters 188.64 United Water 229.80 Westchester Joint Water Works 100.00 Winzer Corp. 50.00 TOTAL 8452.89 Commissioner Wittner said the Fire Council meets next Monday. There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Odierna, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Reports of Bids — TA-05-5 Hommocks Conservation Area Improvement Project The Administrator explained a grant had been procured from Nita Lowey for a cat walk and a 24x245 observation deck in the Hommocks conservation area. He said the project would have to be completed by March 15. He recommended that the contract be awarded to Acocella Contracting, Scarsdale, New York who submitted the lowest bid of$54,660.00. On motion of Councilman Winick, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby award the bid TA-05-05, for the Hommocks Conservation Area Improvement Project to Acocella Contracting, Scarsdale, New York who submitted the lowest bid of$54,660.00; and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 3 November 2, 2005 (Bids at end of minutes) 2. Set Public Hearing —Veterans Tax Exemption On motion of Councilman Winick, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the proposed amendment to the Veteran's Tax Exemption Law for November 16, 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: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 3. Approval of Certiorari On motion of Councilman Winick, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: 725 Fenimore Road, Marnaroneck, NY 10543 Block: 831 Lot: 329 Town of Mamaroneck Village of Mamaroneck Year Current Assessment Reduced Assessment 1999 $21,500 $12,000 2000 $21,500 $12,000 2001 $21,500 $12,000 2002 $21,500 $11,000 2003 $21,500 $11,000 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilman Odierna, seconded by Councilman Winick, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: 145 Library Lane, Mamaroneck, NY 10543 Block: 913 Lot: 319 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 1999 $13,700 $13,700 2000 $13,700 $11,500 4 November 2, 2005 2001 $13,700 $11,500 2002 $13,700 $11,500 2003 $13,700 $11,500 4. Salary Authorization — Police Department Town Prosecutor Recreation Police Department On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the appointment of Vincent J. Galbo as a probationary Police Officer at an annual salary of$44,766 effective November 3, 2005. Town Prosecutor RESOLVED, that the Town Board does hereby appoint Matthew J. McCauley to the position of Town Prosecutor at a rate of$175.00 per court appearance and $75 per hour fee for all work outside the court, effective immediately. Recreation On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that as provided for in the 2005 Town Budget the Town Board does hereby authorize the payment of salary to the following: Sarah Lauza, Fitness Instructor @ $50/session retroactive to October 17, 2005 Eileen Puleo, Assistant Program Supervisor, Pizza Bingo change of salary from $10 to $11/hr., effective October 28, 2005. Francine Brill, Assistant Program Supervisor, Pizza Bingo change of salary from $10 to $11/hr. effective October 28, 2005. ADDED ITEM 5. Investment and Consumer Choice Act Councilman Winick explained that Verizon has been busy installing fiber line which will allow residents to have a choice on cable television franchises for the first time. There now is a movement to lift the responsibility from local control. Mayor Steve Otis of Rye City has sent a proposed resolution against taking control away from local municipalities. After some discussion, on motion of Councilman Winick, seconded by Supervisor O'Keeffe, the following resolution was adopted: WHEREAS, the right of local governments to order their own affairs to the fullest extent reasonable, without undue interference from distant rulers, has evolved over the years since 1776 as a fundamental principle of American democracy; and WHEREAS, a tendency for power and authority to be taken from local governments and transferred to the national government seems to be accelerating, to the detriment of a balanced sharing of functions among different levels of government and WHEREAS, bills are pending in the US House of Representatives and Senate, notable S1504, that would usurp 5 November 2, 2005 the time-honored local function of negotiating television franchise agreements with providers so as to receive compensation for the use of local public rights of way; and WHEREAS, the proposed establishment of national templates for television franchises would disregard and diminish the local variety that makes each community unique and cherished by its inhabitants; NOW THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck, New York, acting unanimously through its duly elected Town Council, declares its total opposition to S1504 and S1349/HR3146 and all legislation of like effect at the national, state or county level, and requests its Supervisor to make the Town of Mamaroneck's position known broadly throughout the United States, cooperating with communities in all parts of the country for the purpose of defeating any such destruction of local prerogatives. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye PROCLAMATION - School Board Recognition Week Councilman Winick read the following proclamation: PROCLAMATION SCHOOL BOARD RECOGNITION WEEK WHEREAS: Governor Pataki has designated the week of October 24, 2005- October 28, 2005 as School Board Recognition Week to commend school board members for their dedicated service to the children of New York State;and WHEREAS: Each year School Board Recognition Week is observed by more than 700 school boards in school districts throughout the Empire State;and WHEREAS: The members of school boards are dedicated to children, learning, and community, and devote many hours of service to elementary and secondary public education as they continually strive for improvement, excellence, and progress in education;and WHEREAS: The members of New York's local school boards are community leaders who provide an invaluable resource as local decision makers, responding not only to the respective educational needs of their communities but also serving in the interests of school children and their future;and WHEREAS: During the week of October 24, 2005- October 28, 2005, special activities and program will be held in communities across New York State in recognition of this observance and it is fitting to join in acknowledging the commitment and contributions of local school boards. NOW THEREFORE, BE IT RESOLVED, that 1, Valerie Moore O'Keeffe, Supervisor of the Town of Mamaroneck, and the Town Board members hereby celebrate the week of October 24, 2005- October 28, 2005 as SCHOOL BOARD RECOGNITION WEEK IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 19th day of October 2005. APPROVAL OF MINUTES -August 8, 2005 On motion of Councilman Winick, seconded by Councilwoman Wittner, it was unanimously 6 November 2, 2005 RESOLVED, that the Town Board does hereby approve the minutes of August 8, 2005 as amended. ORAL COMMUNICATIONS Brian Rohman, 69 Brookside Drive said he was here to speak about the situation at 74 Lansdowne. He said all of them were here who have homes surrounding the property and it has become a complicated issue. He thanked the Board for allowing them to talk about this and was grateful that Ron Carpaneto, the Building Inspector had come out to the property again. There are a number of issues regarding this property such as erosion, safety and compliance. He said the plans have changed and the wall is now longer. Mr. Maker noted the owner of the property has the right to do that. He explained the procedure and added if the property he built on is not his it's a civil matter not under the authority of the Town Board. Mr. Rohman then said there is a third part to this —the owner is now putting at risk three trees not previously included in the tree removal plan. Mr. Maker said the owner would be then subject to a $1000 fine. Mr. Rohman reiterated the property line drawn is incorrect, and the Town is requiring the developer to see if the berm will affect these trees. He is not following the plan and has avoided the issue of the berm. He asked if he was correct that the wall has to come down, and he is building a larger patio. Mr. Maker responded it could be theoretically possible the berm will not be necessary, and it would not be a violation of the law. Resident, 72 Fernwood Road, said this had originally gone to the Coastal Zone Management Commission for review. If the original stakes for the survey on the property had been show properly it might have been looked at differently by them. She said she understands most of this is the building inspector's job, but it seems the Board should have some say. Pat Sweeney, 78 Lansdowne, said she has more and more concern, first thing was erosion, then her bushes and shrubs were ruined, he is changing plans, we will end up with a pool. The line between the properties has not been staked, a survey has not been done and thinks the Town should do more to protect her property. Supervisor O'Keeffe asked the attorney if there are property to property issues between owners, is it a Town matter or is it a civil issue. Mr. Maker said it depends but this sounds to him like a civil issue. Councilman Winick said he understands the concern about the property issues, but it is not the Town that does metes and bounds, you need a survey. But it is not something the Town can mediate. Peggy Herzog said the Town Board should consider sending this back to Coastal Zone Management because of the change in the plans it should be looked at again. Mr. Maker said the reason it was referred to the CZM was because review of the statute which showed it required it go there. Now there is no jurisdiction for the Town Board to refer it. The staff made a mistake not to refer it originally, so the Board could not hear the appeal until it went to Coastal Zone Management. Ms. Herzog said the trees were never reviewed properly, they are changing the plans, and illegally built a longer wall. The Supervisor thanked them all for their input. Abby Katz, 40 Cooper Lane, said the Larchmont Gardens Civic Association wanted her to thank the Board for their support of the Halloween Parade which was held this past weekend. She asked if more fill would be put in around the lake. SUPERVISOR REPORTS 7 November 2, 2005 Supervisor O'Keeffe announced that Ken Bialo, Mayor of Larchmont, and George Latimer, County Legislator will be doing a walk through the tunnel tomorrow with a view towards getting money towards fixing it. It is the obligation of the Village of Larchmont to fix this. We will cooperated and try to help get money from the State. REPORTS OF THE COUNCIL Councilwoman Seligson reported that she had attended the Zoning Board meeting which was lengthy. She thanked the volunteers who do such a great job. She also attended a greenway meeting. We are working with the County to connect the Leather stocking trail with the trail in Saxon Woods. We think it should be ready and open in September of'06. She was invited to Sarah Neuman where the Town received a plaque, it was a lovely event. Councilwoman Wittner went to the Westchester Municipal Officials Association dinner in Scarsdale, it was the best food of the year. There was a Long Island Sound Watershed Intermunicipal Council meeting and the Senior Bazaar was very successful. The Coastal Zone Management meeting had varied proposals before it. Councilman Odierna attended Human Rights on Monday, they are planning the Martin Luther King, Jr. event for January 11. They are looking for names of deserving people for the yearly award. Councilman Winick said Traffic Committee would be held on November 15, the last meeting was cancelled because there was no quorum. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was unanimously adjourned into at 10:00 PM. Submitted by Patricia A. DiCioccio, Town Clerk F:\Documents\M i n utes\2005m i nw\11-02-05.Last.Doc 8