HomeMy WebLinkAbout2006_12_06 Town Board Minutes
December 6, 2006
TOWN OF MAMARONECK
TOWN BOARD AGENDA
REGULAR MEETING – Wednesday, December 6, 2006, in the Town Center Court
Room at 8:15 PM.
5:00PM THE TOWN BOARD WILL CONVENE into a Work Session to discuss
Hommocks Pool Locker Room Policy, 2007 Sanitation Commission Budget & Home
Rule Legislation 2007.
7:15 EXECUTIVE SESSION - To discuss Certiorari & Personnel.
RECONVENE REGULAR MEETING
CALL TO ATTENTION – Location of Exits.
PUBLIC HEARING – 2007 Preliminary Budget
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Fire Department Business
AFFAIRS OF THE TOWN
1. Authorization – Prisoner Transportation Agreement
2. Report of Bids – Furnishing & Delivering Street Sweeping Services TA-06-03
3. Adoption – Bond Resolution – Stormwater Drainage Projects
4. Approval of Certiorari
5. Authorization – Commencement of Litigation – Alexander Gizzo
6. Salary Authorizations - Recreation
7. Appointment of Deputy Town Clerk
APPROVAL OF MINUTES – October 18, 2006 & November 1, 2006
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SUPERVISOR REPORTS
REPORTS OF THE COUNCIL
NEXT REGULARLY SCHEDULED MEETINGS – December 20, 2006 & January 4, 2007
Any physically handicapped person needing special assistance in order to attend
this meeting should call the Town Administrator’s office at 381-7810.
1
December 6, 2006
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK HELD ON DECEMBER 6, 2006
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:
Christina Battalia, Acting Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
Denis Brucciani, Town Comptroller
Cindy Atiencia, Deputy Town Clerk
CALL TO ORDER
PUBLIC HEARING – 2007 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 6, 2006 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, 2007 and ending December 31, 2007. 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, December 4, 2006 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; Town Council (4) $6,000
each and the proposed salary for the Town Clerk is $72,660 and the Town
Justices (2) $21,000.
On motion of Councilman Winick, seconded by Councilwoman Wittner, the public
hearing was unanimously opened.
Mr. Altieri presented a slide show outlining the budget and the following is the
summary of the 2007 Preliminary budget:
2007 Preliminary Town
Budget at a Glance
2006 2007
Revenues
Tax Levy $16,905,720 $17,786,085
Non-Property Tax Revenues 7,645,450 7,747,000
Applied Reserve Funds 1,714,370 1893,000
Total $ 26,265,540 $27,426,085
2
December 6, 2006
Expenditures
Salaries $10,274,600 $10,511,530
Equipment 329,050 280,500
Contractual Expenses 13,599,190 14,390,085
Debt Service 2,062,700 2,243,970
Total $26,265,540 $27,426,085
Impact Upon Unincorporated Area Properties
2006 2007 Change
Property Tax Rate $227.55 $239.60 $12.05
Town Property
1
Taxes$4,551.00 $4,792.00 $241
Impact Upon Properties in the Villages of Mamaroneck and Larchmont
2006 2007 Change
2
Property Tax Rate$11.65 $11.85 $ .20
Town Property
3
Taxes in Villages$233 $ 237 $4.00
Supervisor O'Keeffe asked if anyone wished to speak about the Preliminary budget.
Ruth Campanelli, 7 Barnum Road, asked if the water rates would go down after the
bond is paid in two years. She also asked if there was any progress on the stairway
at Metro North.
Mr. Altieri answered no to Mrs. Campanelli’s questions.
Mrs. Campanelli also stated she was concerned about the Highway Budget
specifically regarding the paving and the sidewalk repairs at the brook.
Graham Barkham, 71 W. Brookside Drive, stated he attended a meeting two years
ago in which discussion of the completion of the curbs would be finalized.
Mr. Altieri stated the price of asphalt had risen substantially forcing the Town to
complete only half of the brook at this time.
Councilwoman Wittner stated that at work session the Board discussed that the
additional $250,000.00 needed to complete the other side of the brook would impact
the budget by increasing it from 5.3% to a 6.3% increase.
Supervisor O’Keeffe stated 3 or 4 years ago when the repairs of the brook were first
discussed, the Town did not at that time have to build the water filtration plant.
Mike Mosley, 62 East Brookside, questioned, if the plant were to actually cost less,
could there be a future commitment to complete the other side of the brook with the
remaining surplus.
Councilman Winnick answered that the debt service for this plant would actually
take place in 2008.
3
December 6, 2006
Mary McDonald, 58 East Brookside Drive, asked if it was possible to receive any
education grant or beautification grants to complete the brook.
Anita Levy, 35 Ellsworth, emphasized the danger in not completing the sidewalks.
DeDe Lucket, 59 West Brookside, stated her concern was the large accumulation of
water at the end of her street were it meets with the brook, emphasizing a need to fix
the water flow problem.
Andrea Boyar, 47 West Brookside Drive, stated she was concerned about West Nile
as it pertained to standing water.
Supervisor O'Keeffe stated her belief in not financing street and sidewalk repairs.
She reemphasizing the Board’s position in only completing one half of the brook at
this time.
There being no further comment, on motion by Councilwoman Wittner, seconded by
Councilman Winnick, the public hearing was unanimously closed.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O’Keeffe and on motion of
Commissioner Wittner, seconded by Commissioner Winick, 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
There were no claims presented for approval.
There being no further business to come before the Commission, on motion of
Commissioner Wittner, seconded by Commissioner Myers, the Commission
unanimously adjourned.
AFFAIRS OF THE TOWN
1. Authorization – Prisoner Transportation Agreement
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it
was
RESOLVED, that the Town Board does hereby
approve the renewal agreement with the County
of Westchester for the reimbursement for
prisoner transportation to and from the Town of
Mamaroneck to the County Correction Facility in
Valhalla at a rate of $157.27 per round trip in 2007
and $176.14 per round trip in 2008; and
BE IT FURTHER
4
December 6, 2006
RESOLVED, that the Town Board authorizes the
Town Administrator to execute above-said
agreement 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
2. Report of Bids – Furnishing & Delivering Street Sweeping Services TA-06-03
On motion of Councilwoman Wittner, seconded by councilwoman Seligson, it was
RESOLVED, that the Mamaroneck Town Board
does hereby award the Contract TA-06-03 to
furnish and deliver street sweeping services to
Three D Industrial Maintenance Corporation in
the amount of $704.00 per day; and
BE IT FURTHER
RESOLVED, that the Mamaroneck Town Board
does hereby authorize the Town Administrator to
execute said contract.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
3. Adoption – Bond Resolution – Stormwater Drainage Projects
The following resolution was offered by Councilwoman Wittner, who moved its
adoption, seconded by Councilwoman Seligson, to-wit:
BOND RESOLUTION DATED DECEMBER 6, 2006.
A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE
REFERENDUM, CONSTRUCTION OF STORM DRAINAGE LINES IN
AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,
NEW YORK, AT A MAXIMUM ESTIMATED COST OF $75,000, AND
AUTHORIZING THE ISSUANCE OF $75,000 BONDS OF SAID TOWN
TO PAY THE COST THEREOF.
WHEREAS, all conditions precedent to the financing of the capital project
hereinafter described, including compliance with the provisions of the State
Environmental Quality Review Act, have been performed; and
5
December 6, 2006
WHEREAS, it is now desired to authorize such capital project and its
financing;
NOW THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows:
Section 1. The construction of two new storm drainage lines located
on Orchard Road and York Road in and for the Town of Mamaroneck,
Westchester County, New York, together with other incidental
improvements and expenses in connection therewith, is hereby
authorized, subject to permissive referendum, at a maximum estimated
cost of $75,000.
Section 2. The plan for the financing of the aforesaid maximum
estimated cost is by the issuance of $75,000 bonds of said Town, hereby
authorized to be issued therefor pursuant to the provisions of the Local
Finance Law.
Section 3. It is hereby determined that the period of probable
usefulness of the aforesaid specific objects or purposes is forty years,
pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local
Finance Law. It is hereby further determined that the maximum maturity
of the bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Mamaroneck,
Westchester County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such bonds 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
bonds becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said Town, a tax sufficient to pay
the principal of and interest on such bonds as the same become due and
payable.
Section 5. 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 bonds herein authorized,
including renewals of such notes, is hereby delegated to the Supervisor
of said Town, 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 6. All other matters except as provided herein relating to the
bonds herein authorized including the date, denominations, maturities
and interest payment dates, within the limitations prescribed herein and
the manner of execution of the same, including the consolidation with
other issues, and also the ability to issue bonds with substantially level
or declining annual debt service, shall be determined by the Supervisor,
the chief fiscal officer of such Town. 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 51.00 of the Local
Finance Law, as the Supervisor shall determine consistent with the
provisions of the Local Finance Law.
Section 7. 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 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.
6
December 6, 2006
Section 8. This resolution shall constitute a statement of official
intent for purposes of Treasury Regulations Section 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 9. Upon this resolution taking effect, the same shall be
published in full or summary form in the Journal News, which is hereby
designated as the official newspaper of said Town for such purpose,
together with a notice of the Town Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO
PERMISSIVE REFERENDUM.
The question of the adoption of the foregoing resolution was duly put to
a vote on roll call, which resulted as follows:
Councilman Winick VOTING Aye
Councilwoman Seligson VOTING Aye
Councilman Odierna VOTING Aye
Councilwoman Wittner VOTING Aye
Supervisor O’Keeffe VOTING Aye
The resolution was thereupon declared duly adopted.
4. Approval of Certiorari
On motion of Councilwoman Wittner, seconded by Councilman Winick, it was
RESOLVED, that the Town Board does hereby
authorize the settlement of tax certiorari on the
following terms, as recommended by the Town
Attorney:
AB-CHD Realty, Inc.
601 —615 Mamaroneck Avenue
Mamaroneck, NY 10543
Block:822 Lot: 236
Town of Mamaroneck/Village of Mamaroneck
Year Current Assessment Reduced Assessment
2000 $33,200 $22,000
2001 $33,200 $22,000
2002 $33,200 $20,000
2003 $33,200 $19,000
2004 $33,200 $19,000
2005 $33,200 $19,000
7
December 6, 2006
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
5. Authorization – Commencement of Litigation – Alexander Gizzo
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the
following was approved,
WHEREAS, at an executive session of the Town
Board held on March 16, 2005, the Town Board
unanimously
(a)decided to commence litigation against
Alexander Gizzo to recover the benefits it had
paid to him or on his behalf pursuant to section
207-c of the N.Y. General Municipal Law from
December of 1997 to June 17, 2004, such benefits
consisting of
(i) the salary it had paid to him,
(ii) the contributions it had made on his behalf
to the pension fund administered by the New
York State and Local Police & Fire Retirement
System and
(iii) the amounts that it had paid for his benefit
(1) to the
United States of America for FICA based upon his
salary and (2) to insurance companies as
premiums for health, life and dental insurance,
and
(b)directed the attorney for the Town to
commence such litigation; and
WHEREAS, no record of the Town Board’s
decision was recorded in the minutes of that
Town Board’s executive session; and
WHEREAS, on March 22, 2005, the Town
commenced litigation against Mr. Gizzo in the
Westchester County Supreme Court to recover
the above described benefits it had paid to him or
on his behalf pursuant to section 207-c of the N.Y.
General Municipal Law from December of 1997 to
June 17, 2004; and
WHEREAS, by a Decision/Order and Judgment of
the Westchester County Supreme Court dated
October 24, 2006, the Town’s complaint was
dismissed on the ground of “lack of capacity”
because there was no record of a formal vote by
the Town Board authorizing the commencement
of the litigation.
NOW THEREFORE, BE IT
8
December 6, 2006
RESOLVED, that the Town commence litigation in
the name of the Town to recover the benefits it
paid to Alexander Gizzo or on his behalf pursuant
to section 207-c of the N.Y. General Municipal
Law from December of 1997 to June 17, 2004,
such benefits consisting of
(a) the salary it paid to him,
(b) the contributions it made on his behalf to
the pension fund administered by the New York
State and Local Police & Fire Retirement System,
and
(c) the amounts that it paid for his benefit (i) to
the United States of America for FICA based upon
that salary and (ii) to insurance companies as
premiums for health, life and dental insurance;
and
BE IT FURTHER
RESOLVED, that William Maker, Jr. the counsel to
the Town, commence and prosecute such
litigation as the attorney for the Town.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
6. Salary Authorizations - Recreation
Recreation
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, that as provided for in the 2006 Town
Budget the Town Board does hereby authorize
the payment of salary to the following:
Jonathan Chapman, Assistant Hockey Instructor, $5.50 per hour, effective 12/2/06.
Sean Donaghy, Assistant Hockey Instructor, $5.50 per hour, effective 12/2/06.
Jack Pace, Assistant Hockey Instructor, $5.50 per hour, effective 12/2/06.
Nick Chirekos, Lifeguard, Hommocks Pool, $7.25/hour, effective 12/1/06.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
7. Appointment — Deputy Town Clerk
RESOLVED, that the Town Board pursuant to the Town
Clerk’s appointment of Christina Battalia to the position of
Deputy Town Clerk, does hereby approve her salary as set
forth in the 2006 budget.
9
December 6, 2006
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
APPROVAL OF MINUTES – October 18, 2006 & November 1, 2006
HELD OVER
SUPERVISOR’S REPORT
Supervisor O'Keeffe stated that the Town was working to get more playing fields. At
the recent RADAR meeting which she attended, District Attorney Janet DiFiore
spoke, specifically in response to the recent results for the district wide drug and
th
alcohol use survey. On December 9 local officials will be out in the community
raising funds to purchase phone cards for the soldiers in Iraq.
REPORT OF COUNCIL
st
Councilman Odierna attended the Summit meeting on November 21, where the
topic was intermunicipal cooperation. Next week he will attend the Sheldrake
Environmental Center meeting. The League of Woman Voters fund raiser will be at
the Emelin Theatre, they will be viewing the movie Iron Jaw Angels. He also
attended the League of Woman Voters meeting where Noam Bramson, the Mayor of
New Rochelle, spoke primarily on the new waterfront development at Echo Bay.
Councilwoman Seligson also attended the League of Woman Voters, adding that
New Rochelle was not doing very well financially and was in need of this kind of
development. They are also in a better position to oversee this kind of project. She
has a lot of hope for New Rochelle, which she hasn’t felt in quite a while.
Councilman Winick interjected that many people do not realize the amount of
dialogue that goes on between the municipalities.
Councilwoman Seligson continued by saying that the budget meetings were
continuing. She attended a conference on climate change in the Hudson Valley,
adding she will be writing a full memo to the Board regarding this conference.
Councilwoman Wittner attended the Coastal Zone Management Commission
meeting There was discussion regarding the proposal to build town houses off
Palmer Avenue in the Village of Larchmont behind the Almarc Drugs complex.
Councilman Winick attended the Traffic Committee meeting There was discussion
involving a request to remove the no left turn restriction at the intersection of Myrtle
and Preston. There is much concern among residents on Senate Place, behind
Murray Ave School, as to whether emergency vehicles are able to access their
street during school pick up and drop off. The Parking Committee met again this
month and is making progress toward their goal of completing their work within a 6
month time frame.
Supervisor O'Keeffe congratulated Town Clerk, Patricia DiCioccio, on becoming a
grandmother again. She also wished Mary Stanton a happy birthday.
10
December 6, 2006
The Supervisor announced the next Town Board meeting will be held on December
20, 2006. Then on motion of Councilwoman Wittner, seconded by Councilman
Winick the meeting was unanimously adjourned at 10:55 PM in memory of Peggy
Troy, a long time resident.
Prepared by
_________________________________
Christina Battalia, Deputy Town Clerk
Submitted by
_________________________________
Patricia A. DiCioccio, Town Clerk
11