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HomeMy WebLinkAbout2005_12_20 Town Board Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING —Tuesday, December 20, 2005 in the Town Center Court Room at 8:15 PM THE TOWN BOARD WILL CONVENE - at 5:00 PM into Work Session to discuss 2006 Preliminary Sanitation Commission Budget, Draft Illuminated Sign Law, Update Forest City Daly, Time Credit for Town Justices. RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PUBLIC HEARINGS —Addition of the Alternate Member of the Board of Assessment Review to List of Employees in Sensitive Positions BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN 1. Adoption 2006 —Town Budget 2. a. Authorization — Closing of 2005 Financial Statements b. Authorization - Inter fund Loan 3. Authorization —Westchester Joint Water Works —Water Bill Arrears 4. Set Public Hearing —Traffic Committee Recommendations 5. Approval of Certiorari 6. Salary Authorization - Recreation APPROVAL OF MINUTES — October 19, 2005 & November 2, 2005 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERKS REPORT Next regularly scheduled meetings —Wednesday, January 4, 2006 & January 18, 2006 1 December 20, 2005 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON DECEMBER 20, 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: Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Cindy Atiencia, Deputy Town Clerk Christina Battalia CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:40 PM. She then pointed out the location of exits. PUBLIC HEARING —Addition of the Alternate Member of the Board of Assessment Review to List of Employees in Sensitive Positions 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 on Tuesday, December 20, 2005 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a local law entitled "Addition of the Alternate Member of the Board of Assessment Review to List of Employees in Sensitive Positions" On motion of Councilman Winick, seconded by Councilwoman Wittner, it was unanimously opened. Mr. Maker explained the nature of what constitutes a sensitive position stating what positions currently hold that classification and explaining the need to classify the alternate member of the Board of Assessment Review as a sensitive position. Supervisor O'Keeffe stated this law was self explanatory. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearing was unanimously closed. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board finds that the adoption of the proposed local law regarding Addition of the Alternate Member of the Board of Assessment Review to List of Employees in Sensitive Positions hereby declared to be a Type II action under the New York State Environmental Quality Review Act (SEQRA). 2 December 20, 2005 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 Winick, seconded by Councilwoman Wittner, the following Local law was adopted: Local Law No18 - _2005 This local law shall be known as the "Addition of the Alternate Member of the Board of Assessment Review to the List of Employees in Sensitive Positions" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: On June 1, 2005, the Town Board adopted a local law which created the position of alternate member of the Board of Assessment Review. The Code of Ethics of the Town of Mamaroneck lists the positions within the Town government which are considered "sensitive" and therefore require the persons holding those positions to follow rules that other employees or officials of the Town do not have to follow (such as the annual filing of disclosure statements, a prohibition on appearing before the Town agencies for the twelve month period immediately following such employee's departure from the Town's employ, etc.). Under the Code of Ethics, the regular members of the Board of Assessment Review are considered employees in sensitive positions. So are the alternate members of the Board of Architectural Review, the Board of Appeals and the Planning Board. Accordingly the alternate member of the Board of Assessment Review also should be added to the list of employees in sensitive positions. This legislation does that. Section 2 Amendment of a current section of the Mamaroneck Code: Section 17-4of the Code of the Town of Mamaroneck hereby is amended by adding the words "alternate member of the Board of Assessment Review" after the words "alternate member of the Board of Architectural Review"in the definition of"SENSITIVE POSITION" contained in section 17-4 of the Code. Section 3 -Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 3 December 20, 2005 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 8:50 PM and on motion of Councilman Winick, 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 1. FIRE CLAIMS Commissioner Wittner presented fire claims for authorization of payment, thereafter on Commissioner Winick'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 as amended: AAA Emergency Supply Co. 23.00 AAA Emergency Supply Co. 51.25 AAA Emergency Supply Co. 53.00 AAA Emergency Supply Co. 173.31 AAA Emergency Supply Co. 29.00 A&J Auto Parts 129.94 AW Direct Inc. 377.22 Bound Tree Medical 144.47 Bound Tree Medical 420.96 Con Edison 1026.49 Greenwich Furniture Barn 495.00 Ikon Solutions 166.95 Jennifer Mirabella 80.00 Nextel 265.46 Ron's Discoveries 399.00 Motorola 78.00 Smith Electrical 581.00 T.C.D. 180.00 Town of Mamaroneck PFF 188.64 Tri-City Auto Parts 163.36 Verizon Wireless 14.31 Westchester Elevator 187.00 TOTAL 5227.36 The above resolution was put to a roll call vote: 4 December 20, 2005 Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 2. Other Business Councilwoman Wittner welcomed the installation of the new Fire Chief, Matthew Peloso, adding that the Officers and Wardens were elected on December 6, 2005 as follows: Town of Mamaroneck FD 2006 Officers and Fire Council Chief Matthew Pe/oso 1st Deputy Chief David Commender 2nd- Deputy Chief Sean McCarthy Engine 36 Engine 37 Captain Brendan Collins Captain Joseph Mirabella Lt. Sean Hughes Lt. Dennis Tortorella Engine 51 Ladder 19 Captain Joseph Russo Captain Michael Acocella Lt. Noah Goldberg Career Staff Lt. William Premuroso Lt. John Garofalo Lt. Darrell Pistone Lt. Chris Denisco 2006 Fire Council Chief M. Pe/oso Deputy D. Commender Deputy S. McCarthy Captain B. Collins Ex-Chief M. Liverzani Captain J. Mirabella Ex-Capt. A. Wilson Captain J. Russo Ex--Capt. D. Cremins Ex-Capt. M. Burrell Andres deLasa Advisory Members Fire Comm. P. Wittner Jr Ex-Chief M Acocella Attorney T. Hecht There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Winick, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Adoption 2006 - Town Budget Mr. Altieri explained that the Board had the Public Hearing on the proposed budget on December 3rd, adding it included $26.2 million in revenues and 26.2 million in expenses. Since that time there were proposed changes to the budget to be considered before a final adoption is made. The board, after further review, has determined that the Highway Department and the Fire District had considerable depletion of surplus funds due to unexpected expenditures. It is therefore proposed that an additional $50,000 be applied to the Fire District budget contingency fund for 2006. In addition to the $50,000 increase to the Fire District Budget, there are modest increases in the surplus applications in the Town Wide Fund, Ambulance District and Sewer District, as well as reducing the 5 December 20, 2005 expenditures in the Sewer District. With these changes the proposed Town budget is $26,265,540. For a resident of the Unincorporated area with an average assessment of$20,000 the town tax would be $4,551, an increase from the tentative budget on December 3rd of$7.00. Residents of both Mamaroneck and Larchmont Villages will see an additional decrease of .15 cents from the tentative budget on December 3rd Councilman Odierna commented that although he is never happy to see increases he commended everyone for working diligently to try and keep increases down and services up to the level everyone expects. Councilwoman Wittner agreed with Councilman Odierna, adding she felt more comfortable adding additional funds to the fire district. Councilman Winick pointed out that the final budget differed from the proposed by only $35,000. Adding overall the 4.5% increase was modest. He commended everyone for their hard work. Supervisor O'Keeffe agreed, adding that many municipalities with little or no increases were those that did not have Fire Districts , services such as leaf removal, side walks etc. We do not propose artificially low budgets only to see large increases when services are needed. The Town has maintained it's buildings and grounds as well as maintaining it's AAA rating. On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the Town Budget as presented by the Budget Officer and as amended for the year 2006. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization — Closing of 2005 Financial Statements RESOLVED, that the Town Board does hereby authorize the Town Comptroller to make the necessary journal entries and budget transfers in order to close the financial records of the Town of Mamaroneck for the fiscal year ending December 31, 2005. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye ADDED ITEM -Authorization — Inter Fund Loan Mr. Altieri explained that following up with our discussion of the Highway and Fire District Funds, based on cash flow projections there are insufficient funds to close out the year 2005. At this time we are requesting the Town Board to 6 December 20, 2005 authorize a Inter Fund Loan to the Highway and Fire District Funds. In the case of the Highway there is a request of a loan not to exceed $100,000. That loan would be made from the Part Town Fund. The recommendation for the Fire District is an amount not to exceed $125,000. This loan would be made from the Town Wide Fund and repaid from the Fire District Fund in the fiscal year 2006. On motion of Councilman Winick, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize an Inter Fund Loan to the Highway Department Fund from the Part Town Fund in an amount not to exceed $100,000. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Seligson, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby authorize an Inter Fund Loan to the Fire District Fund from the Town Wide Fund in an amount not to exceed $125,000, being repaid in fiscal year 2006. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 3. Authorization —Westchester Joint Water Works —Water Bill Arrears Mr. Altieri presented a resolution adopted by the Westchester Joint Water Works authorizing the Town Board, to assess unpaid water bills to the property taxes for the list supplied by the Westchester Joint Water Works These being unpaid water bills over due for the past year. Once collected the monies will be remitted to the Westchester Joint Water Works. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the Receiver of Taxes to assess the following water charges in arrears to the tax bills of the Town of Mamaroneck in the total amount of$5,572.53. SEE ATTACHMENT AT END OF MINUTES The above resolution was put to a roll call vote: 7 December 20, 2005 Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 4. Set Public Hearing — Traffic Committee Recommendations BURTON ROAD On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the Traffic committee's recommendation for a No Parking Zone on Burton Road amendment for January 18, 2006; 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 COOPER LANE On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the Traffic Committee's recommendation for a No Parking Zone on Cooper Lane amendment for January 18, 2006; 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 8 December 20, 2005 5. Approval of Certiorari On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Vincent and Filomena Paniccia 412-422 Fayette Avenue Mamaroneck, NY 10543 Block: 830 Lot: 126 Year Current Assessment Reduced Assessment 2004 $11,800 $7,000 2005 $11,800 $7,000 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye On motion of 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: Vincent and Filomena Paniccia 636 Fenimore Road Mamaroneck, NY 10538 Block: 830 Lot: 107 Year Current Assessment Reduced Assessment 2004 $20,000 $16,000 2005 $20,000 $15,000 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 6. Salary Authorization - Recreation On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that as provided for in the 9 December 20, 2005 2005 Town Budget the Town Board does hereby authorize the payment of salary to the following: Scott Smith, Assistant Coach, Youth Hockey, $9.50/hour, effective 12/17/05. John Abbott, Alternate Skate Guard, Hommocks Park Ice Rink, $9/hour, effective retroactive to 12/18/05. Liz Linsalato, Alternate Skate Guard, Hommocks Park Ice Rink, $9/hour, effective retroactive to 12/18/05. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye APPROVAL OF MINUTES On motion of Councilman Winick, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of, October 19, 2005 as amended. 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 Winick, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of, November 2, 2005 as amended. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye SUPERVISOR REPORTS Supervisor O'Keeffe read from the Senior's report stating Betty Mack, President of the Town of Mamaroneck and Village of Larchmont Senior Center was elected to the Westchester County Senior Citizen Hall of fame. She and others were honored at a luncheon held at the Westchester Marriot. The seniors thanked 10 December 20, 2005 the 234 local merchants who donated items to the annual bazaar on October 23�d. Supervisor O'Keeffe thanked everyone who has been beneficial in helping the seniors over the past year. REPORTS OF THE COUNCIL Councilman Odierna encouraged local residents to come forward in an effort to bring local talent in the form of speakers to the senior center. Some possible ideas are a "Sports Night", book discussions, "Film Night" etc. Councilman Odierna spoke in favor of adding a dance floor to the Town's outdoor concerts. Councilman Odierna reminded residents of the upcoming Martin Luther King celebrations, in which Dionne Warwick would be the keynote speaker and the honoree would be Harold Wolfson. Councilman Odierna recently attended a meeting and tour of the ice rink, noting the wonderful new changes to the facility and encouraged residents to come and enjoy it. Councilwoman Wittner wished everyone a "Happy Holidays and a Healthy New Year". Councilwoman Seligson attended the Board of Architectural Review and the Planning Board, in which they discussed among other things the Forest City Residential project, adding it was interesting to watch the site plan process. She also mentioned that Nita Lowey's office was able to secure $5 million dollars for the David's Island project. Councilman Winick said he attended the Traffic Committee meeting at which they spoke of issues at Falls Road, Cooper Road, Burton Road and timing of the light at Forest and Weaver. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was unanimously adjourned at 9:55 PM. Submitted by Patricia A. DiCioccio, Town Clerk 11