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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