HomeMy WebLinkAbout2001_05_02 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE
COMMISSIONERS HELD ON MAY 2, 2001 AT 9:00 PM IN THE
COURT ROOM OF THE TOWN CENTER, 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
Patricia A. Samela, Deputy Town Clerk
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 9:10
PM, who then pointed out the location of exits.
WEB PRESENTATION
The Town Administrator introduced Ali Gursel the Town Computer Consultant, who would be
working the computer to show the official Town of Mamaroneck Web site which is now open.
Mr. Gursel showed the home page and Mr. Altieri said the URL was
www.townofmamaroneck.org. There were front pages for almost all the departments, as well
as downloadable forms, a volunteer form for anyone wishing to serve on any of the Town
boards or committees. He thanked all the members of the web committee in putting this site
together. The board then discussed various aspects and things they would like to see added
to the site.
PUBLIC HEARING - Senior Citizens Tax Exemption
The following Public Hearing Notice 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 Wednesday, May 2, 2001 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 proposed Local Law entitled "Amendment to the Senior Citizens
Tax Exemption".
The purpose of the Local Law is to amend the real property tax exemption for persons sixty-
five years of age or over to conform the Town Code to recent amendments to Real Property
Tax Law Section 467.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was
declared open.
The Attorney explained this exemption was adjusted by New York State from time to time
and must be opted into if a municipality so chooses.
Supervisor O'Keeffe asked if there were any comments either in favor or against the
proposed law. There were no statements.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was
declared closed.
May 2, 2001
On motion of Councilman Odierna, seconded by Councilwoman Seligson, the following Local
Law was adopted:
LOCAL LAW NO. 3 -2001
This Local Law shall be known as "Amendment to the Senior Citizens Tax Exemption".
Section 1 - Purpose:
The purpose of this Local Law is to amend Section 195-6 (B), Section 195-6 (C) and Section
195-6 CF) (3) of the Code of the Town of Mamaroneck to conform to recent amendments to
the provisions of Real Property Tax Law Section 467 as it relates to real property tax
exemptions for persons sixty-live years of age or over.
Section 2 -Amendments:
1. The current Section 195-6 (B) of the Code of the Town of Mamaroneck shall be deleted in
its entirety and the following substituted in its place:
B. In order to be eligible to apply for a partial exemption in the mount of 50% of the
assessed valuation, the income of the owner or the combined income of the owners must not
exceed $20,500 from all sources as set forth in such Section 467 as amended for the 12
consecutive months prior to the date that the application is filed. Where title is vested in
either the husband or the wife, the combined income may not exceed such sum. Any such
income , will be offset by all medical and prescription drug expenses actually paid which
were not reimbursed or paid for by insurance.
2. The current Section 195-6 (C) of the Code of the Town of Mamaroneck shall be deleted in
its entirety and the following substituted in its place:
C. The owner or all the owners of real property located in the Town who are 65 years of age
or older and whose income or combined income from all sources for said twelve-month
period exceeded the maximum amount set forth in Subsection B of this Section by less than
$8,400 shall be eligible to apply for a partial exemption as set forth in the following table:
Annual Income Percentage of Assessed
Valuation Exempt
From Taxation
0 to $20,500.00 50%
$20,500.01 to $21,499.99 45%
$21,500.00 to $22,499.99 40%
$22,500.00 to $23,499.99 35%
$23,500.00 to $24,399.99 30%
$24,400.00 to $25,299.99 25%
$25,300.00 to $26,199.99 20%
$26,200.00 to $27,099.99 15%
$27,100.00 to $27,999.99 10%
$28,000.00 to $28,899.99 5%
3. The current Section 195-6 (F) (3) is deleted in its entirety and the following substituted in
its place:
D. Annual income limitations for county tax purposes:
Annual Income Percentage of Assessed
Valuation Exempt
From Taxation
0 to $20,500.00 50%
$20,500.01 to $21,499.99 45%
$21,500.00 to $22,499.99 40%
$22,500.00 to $23,499.99 35%
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May 2, 2001
$23,500.00 to $24,399.99 30%
$24,400.00 to $25,299.99 25%
$25,300.00 to $26,199.99 20%
$26,200.00 to $27,099.99 15%
$27,100.00 to $27,999.99 10%
$28,000.00 to $28,899.99 5%
Section 4. 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 provision.
Section 5 - Effective Date:
This Local Law shall take effect immediately upon filing.
The above local law was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe.
Present were the following members of the Commission:
Commissioner: Valerie M. O'Keeffe
Commissioner: Phyllis Wittner
Commissioner: Judith A. Myers
Commissioner: Ernest C. Odierna
Commissioner: Nancy Seligson
1. Fire Claims:
Commissioner Odierna presented fire claims for authorization of payment , thereafter on
Commissioner Odierna'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:
AAA Emergency Supply Co., Inc 20.00
ASAP 17.95
Cleaning Systems 150.14
Community Fire Equipment 785.00
Excelsior Garage & Machine Works 1,449.02
IOS Capital 169.74
New England Sportswear 657.90
Nextel 205.07
NFPA 965.00
Poland Springs 32.56
Verizon 498.61
Westchester Joint Water Works 100.00
TOTAL 5,050.99
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May 2, 2001
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
2. Authorization - Physical Examination Contract
THIS ITEM WAS DEFERRED
3. Fire Report for the Month of March 2001
The following report was read into the record. Submitted by Michael Liverzani, Fire Chief, it
outlines responses to calls made during the month of March 2001, summarizing the nature
and origin of calls, the number of personnel responding and the total times spent at fire calls.
NATURE OF CALLS:
GENERAL 30
MINOR 10
STILLS 01
OUT OF TOWN 00
MONTHLY DRILL 01
EMS 12
TOTAL 54
TOTAL NUMBER OF MEN RESPONDING: 567
TOTAL HOURS RESPONDING: 14 HOURS AND 24 MINUTES
There being no further business to come before the Commission, on motion of
Commissioner Wittner, seconded by Commissioner Seligson, the Commission unanimously
adjourned.
AFFAIRS OF THE TOWN
1. Set Public Hearing - Establish Stop Intersection - Ellsworth Road/Hickory Grove Drive
- Establish No Parking Zone - Cabot Road
The Administrator explained the Traffic Committee had recommended the placement of a
stop sign at the corner of Ellsworth Road and Hickory Grove Drive, and they were also
recommending a no parking zone on Cabot Road. In order for the Town Board to enact the
legislation a public hearing would be necessary.
On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby set the date
for a public hearing to establish a stop intersection at
Ellsworth Road and Hickory Grove Drive for May 16, 2001 at
8:15 PM; and
BE IT FURTHER,
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May 2, 2001
RESOLVED, that the Town Board does hereby set the date
for a public hearing to establish a no parking zone on the
east side of Cabot Road for May 16, 2001 at 8:15 PM; and
BE IT FURTHER,
RESOLVED, that the Town Clerk be authorized to publish the
notice of said hearings in a newspaper appointed as an
official source, and the said notice be so posted.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
2. Authorization - Selective Enforcement Agreement Westchester County
The Administrator explained this agreement is a renewal between the Town and the County
of Westchester for the enforcement of traffic safety for things such as seat belts, speeding
and pedestrian safety. The County will pay to the Town a reimbursement amount up to
$3,000 towards police overtime in connection with the enforcement. He requested
authorization to execute the agreement on behalf of the Town.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby approve the
agreement between the Town and the County of Westchester
as amended to receive reimbursement for the selective
enforcement of the Traffic Safety Agreement; and
BE IT FURTHER
RESOLVED, that Westchester County will reimburse the
Town up to $3,000 for police overtime.
NOW THEREFORE, BE IT FURTHER
RESOLVED, that the Town Administrator is hereby 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. Resolution -Waiver of Plumbing Fees - Inflow and Infiltration
The Town Attorney, William Maker, said he had prepared the resolution enabling the waiver
of all the fees on this matter.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
WHEREAS, in case number COW-SSES-13-98, the
Westchester County Department of Environmental Facilities
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May 2, 2001
issued a consent order dated January 20,1999 (the "Consent
Order"); and
WHEREAS, under the terms of the Consent Order, the Town
of Mamaroneck is required to enforce the correction of
certain sanitary sewer connections which, under the current
environmental standards are illegal; and
WHEREAS, in many situations, the residences and
businesses involved in this remedial program will be required
to hire licensed plumbers to perform the work required to
remedy the situation; and
WHEREAS, many of the sanitary sewer connections that now
are considered illegal were installed when the laws did not
prevent their installation; and
WHEREAS, the Town Board considers it to be unfair for
persons and businesses to incur permit fees to remedy work
which may have existed prior to their ownership of the
property.
NOW THEREFORE, on motion of Councilwoman Wittner,
seconded by Councilwoman Seligson, it is
RESOLVED, that the plumbing permit fees otherwise imposed
by the Town of Mamaroneck be and the same hereby are
waived for any application made to do plumbing work that, in
the opinion of the Building Inspector, is required in order to
comply with the Town's obligations to correct illegal sanitary
sewer connections under the Consent Order; and
BE IT FURTHER
RESOLVED, that the terms of this resolution shall terminate
automatically on December 31, 2002 without the Town Board
having to take any further action.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
4. Authorization - Settlement of Certiorari
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby authorize the
settlement of the following certiorari as recommended by the
Town Attorney, William Maker, Jr.:
118 West Boston Post Road
Block 913 Lot 216
Town of Mamaroneck
Year Assessment Reduced To Amount of Reduction
1999 $36,000 $23,000 $13,000
2000 $36,000 $23,000 $13,000
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May 2, 2001
The Town will refund approximately $187.50 for each of the two years in question, for a total
of$375.00.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
5. Salary Authorizations - Recreation
- Town Clerk's Office
On motion of Councilman Odierna, seconded by Councilwoman Myers, it was
RESOLVED, that as provided for in the 2001 Town Budget
that the Town Board does hereby authorize the payment of
salary as follows:
Angel Pomeroy, Bubble Babies Instructor, Hommocks Pool,
$13.50/class, effective retroactive to 4/21/01.
Craig Ryan, Lifeguard, Hommocks Pool, $8.50/hour, effective
retroactive to 4/25/01.
Kathleen Flynn, Office Assistant, $13.00/hour, effective
retroactive to 4/25/01; and
BE IT FURTHER,
RESOLVED, that the Town Board does hereby authorize the
payment of salary to Marc Samela as a data entry clerk in the
Town Clerk's office at a rate of$10 per hour on a part time
basis retroactive to April 17, 2001.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
NOT ON AGENDA -ADDED ITEMS
6. Transfer of Funds - Sidewalk Repair
Mr. Altieri explained that authorization was needed to transfer funds in the amount of$25,054
from the unreserved balance of the Highway Fund to the 2001 Capital Sidewalk project for
additional sidewalk work to be completed as part of contract TA-01-3.
On motion of Councilwoman Myers, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board hereby authorizes the
Comptroller to transfer$25,054 from the unreserved balance
of the Highway Fund to the 2001 Capital Sidewalk project for
additional repairs as part of contract TA-01-3.
The above resolution was put to a roll call vote:
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May 2, 2001
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
7. Appointment - Larch mont/Mamaroneck Cable TV Board of Control Advisory Committee
Councilwoman Myers offered the name of C. Luke Brussel to replace William Littauer, who
had resigned from the Cable TV Board of Control Advisory Committee. She explained the
role is to interact with other members of Board who are appointed from each of the Villages
in their oversight of LMC-TV.
On motion of Councilwoman Myers, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board does hereby appoint C.
Luke Brussel as a member of the Larch mont/Mamaroneck
Cable TV Board of Control and Advisory Committee, to fill
the unexpired term of William Littauer, terminating November
2002.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
ORAL COMMUNICATIONS
George Latimer - County Legislator
Mr. Latimer was introduced and he spoke on the following:
1. Cell Phones - The County had adopted a law prohibiting the use of cell phones while
driving.
2. Parking Garage at Airport. By closing the garage until 6:30 AM the County is reducing the
amount of demand for early flights. The early flights that were taking off, were ignoring the
voluntary limit set by the airport of 6:45 AM.
3. David's Island - County and New Rochelle are funding an outside study on turning Davids
Island into a park.
4. Saxon Woods - Equestrian trails and a question on the upkeep especially the dog leash
law.
5. Sewer Question -A homeowner on Hommocks Road wanted to know if it was possible to
take the houses on Hommocks Road and Oak Lane out of the sewer district since they don't
have sewer hookups but are still paying sewer taxes.
6. Taxes - The County budget will be cutting taxes for the third straight year. The decreases
have ranged from 3 % to 4%.
Everyone thanked him for keeping the Town informed.
APPROVAL OF MINUTES - January 3, 2001
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May 2, 2001
January 17, 2001
February 7, 2001 (HELD OVER)
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby approve the
Board minutes from the meetings of January 3 and January
17, 2001 as amended.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
WRITTEN COMMUNICATIONS - None
SUPERVISOR REPORTS - None
REPORTS OF COUNCIL
Councilwoman Seligson said the Westchester County Department of Health had met
regarding spraying against the West Nile virus and it was decided not to spray unless there is
a human case of the virus. She reminded residents to eliminate stagnant water conditions.
She also reminded residents about the new pesticide law regarding spraying. Neighbors
within 150 feet of the property being sprayed must be notified 24 hours in advance.
Councilman Myers said she had attended the Local Summit educational forum on diversity
on Monday night. There were over 100 people in attendance. She had attended the BAR.
They had discussed the streetscape project and the need to decrease speed in that area.
She also attended the Traffic Committee, which resulted in the public hearings which were
set at the beginning of this meeting.
Councilwoman Wittner had met with the Human Rights Commission and attended a Coastal
Zone Watershed Symposium which was organized by the County Planning Department for
students. Children were given different roles and it was interesting.
Councilman Odierna said he had attended the Larchmont Historical Society House Tour on
Sunday - it was fascinating. There was an election reform committee meeting on April 27,
and the next one would be held on June 8. He said the spring organic clippings are not
being picked up and suggested a sticker be put on them to inform residents what is being
done incorrectly with the bundles. He added that Gardens Lake looks like a dust bowl.
ADJOURNMENT
The Supervisor said that the next scheduled meetings would be May 16 and June 6, 2001.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers the meeting was
adjourned at 10:45 PM.
Submitted by
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May 2, 2001
Patricia A. DiCioccio, Town Clerk
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