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Town Board Regular Meeting November 25_ 1997 ... - eCode360

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Town Board Regular Meeting November 25_ 1997 ... - eCode360 Powered By Docstoc
					                          Town Board Regular Meeting November 25, 1997

MINUTES OF A REGULAR MEETING
OF THE TOWN BOARD
OF THE TOWN OF NEW CASTLE
TUESDAY, NOVEMBER 25, 1997


                PRESENT:     Clinton B. Smith, Supervisor
                     Marion S. Sinek, Council Member
                     Janet L. Wells, Council Member
                     Kenneth J. Novenstern, Council Member
                     Richard Laster, Council Member


        The meeting was called to order at 7:50 p.m. by the Supervisor. Also present were Acting Town
Clerk Patricia Lawson, Town Counsel Lawrence Dittelman, Town Administrator Gennaro Faiella, and
Town Comptroller Penelle Paderewski.

ANNOUNCEMENTS

        Supervisor Smith stated that Barbara Peterson is resigning as Chair and Member of the Solid
Waste Advisory Board effective Tuesday, November 25, 1997. Supervisor Smith thanked Barbara for her
good service and wished her well on her relocation out of town.

        Supervisor Smith noted there is a vacancy on the Solid Waste Advisory Board, which is in
addition to the vacancies on the Conservation Board and the Millwood Task Force. Anyone interested in
these positions should contact Chris Minichello.

        Media One, the Town of New Castle's cable company, has added the Disney Channel, Animal
Planet and Fox News to their basic service package.

       There has been a modification in the traffic flow on Allen Place. Motorists can now drive from
the Chappaqua train station directly into the Allen Place parking lot located behind the Village Market.

        The Chappaqua Volunteer Ambulance Corp has stalled in their fund raising, $25,000 away from
their goal. Residents are asked to remember this organization during the holiday season.

        The New Castle Police Department is still compiling a database of all residents who are on life
support equipment in case of power emergencies, and residents are asked to contact the Department to
provide the necessary information.

         Fleet Bank and New Castle Recreation and Parks Department will again be sponsoring the New
Castle 10K race on Sunday, November 30, 1997 at 11:00 a.m. Anyone interested in participating can
register at Town Hall Sunday morning at 10:00 a.m.

         The Chappaqua Garden Club will hold its annual holiday greenery sale at the Chappaqua railroad
station on Friday, December 5, 1997 and Saturday, December 6, 1997.
         John McGrory, the Town Tax Assessor, is having Saturday office hours to discuss with residents
the newly adopted STAR tax reduction program. All residents, particularly Senior Citizens who meet
certain income requirements, should fill out an application. Anyone interested in making an appointment
or asking any questions should call the Tax Assessor's office.

         On Friday, November 28, 1997, the Chappaqua/Millwood Chamber of Commerce will sponsor a
holiday shopping day with festivities beginning about 2:00 p.m. and ending with a tree and menorah
lighting at the New Castle Community Center at approximately 5:15 p.m.

        Council Member Sinek noted that the latest edition of the New Castle News was mailed to Town
residents this week and will also have a printed version of the announcements that were just made. If
you do not receive one, they are available at Town Hall.


SET PUBLIC HEARING - 1998 ADOPTED BUDGET

        Council Member Sinek moved, seconded by Council Member Wells, to set the public hearing for
the adoption of the 1998 final budget for December 9, 1997.

VOTE:    AYES     ALL


SET PUBLIC HEARING - TO AMEND LOCAL LAW CHANGING MEMBERSHIP
ON DRUG ABUSE PREVENTION COUNCIL FROM 13 TO 15

       Council Member Laster moved, seconded by Supervisor Smith, to set the public hearing to
amend local law to change membership on the Drug Abuse Prevention Council from 13 to 15 for
December 9, 1997.

        VOTE:    AYES     ALL


         Town Counsel Dittelman noted that additional time was needed to post publication and prepare
for the hearing.

        Supervisor Smith moved, seconded by Council Member Laster, to reconsider the decision to set
the public hearing for December 9, 1997.

VOTE:    AYES     ALL


        Council Member Sinek moved, seconded by Council Member Novenstern, to set the public
hearing to amend local law to change membership on the Drug Abuse Prevention Council from 13 to 15
for January 13, 1998.

VOTE:    AYES     ALL


APPROVAL OF 1998 CALENDAR

        Council Member Novenstern moved, seconded by Council Member Laster, to approve the 1998
calendar.

VOTE:       AYES   ALL


        Council Member Wells made a motion that the Tuesday meetings scheduled for January 20, 1998
and February 17, 1998 begin at 8:00 p.m., instead of 7:30 p.m. Supervisor Smith noted that the January
20, 1998 meeting has a full scheduled agenda and would prefer to begin the meeting at 7:30 p.m.

       Supervisor Smith moved, seconded by Council Member Novenstern, to change the time of the
February 17, 1998 meeting from 7:30 p.m. to 8:00 p.m.

VOTE:       AYES   ALL


        Supervisor Smith moved, seconded by Council Member Novenstern, to adopt the 1998 calendar.

VOTE:       AYES   ALL


INTEREST ON GLAZIER ARBORETUM CREDITED TO THE TRUST FUND

         Supervisor Smith explained that this is a proposed resolution for a transfer of $26,000.09 from the
General Fund to the Boulanger/Glazier Trust Fund Account representing interest earned on the
Boulanger/Glazier Trust Fund Account which was credited to the General Fund Account. This transfer of
interest will be correcting a possible error that the Town Board made when it approved and opened the
Boulanger/Glazier Trust Fund three years ago.

        Council Member Laster moved, seconded by Council Member Sinek, to accept the resolution.

        Council Member Wells questioned if it is a legal requirement to return the interest.

      Supervisor Smith stated that this may have been a term of the acceptance of the gift, and the
Town Board is not obligated by law, but perhaps by the agreement.

        Council Member Laster noted that the interest was supposed to be dedicated to the maintenance
of the Glazier Arboretum as set up by the Trust Fund.

        Council Member Sinek requested that the issue be tabled until additional information is reviewed.

        Supervisor Smith suggested that the Town Board continue the discussion on Monday, December
1, 1997, at the Town Board work session and table action on the resolution until the next Town Board
meeting on December 9, 1997.


PUBLIC HEARING (CONT'D) - REZONING OF HUDSON HILLS

        Proof of publication having been offered, the Supervisor opened the public hearing on the
rezoning of Hudson Hills.

        Supervisor Smith stated that IBM as the applicant on the subdivision is currently dealing with
alternatives regarding the septic and sewer issues, and the Town Board does not need to act until these
issues are resolved.

       Council Member Sinek noted County Legislator Richard Wishnie's presence at the Town Board
meeting and suggested he address the residents on the County's decision on the golf course.

        County Legislator Wishnie stated that the County Board of Legislators voted to buy the Hudson
Hills property with a vote of 15 to 1. He noted that all sides are trying to resolve the remaining issues.
He thanked Town Administrator Faiella for his assistance on the project and the Town of New Castle
residents for re-electing him.

        Town resident Henrietta Suhr requested the current time frame for the project since the year is
closing and there is a December 31, 1997 deadline. Supervisor Smith noted that this relies on the
presentation of the final environmental impact statement by IBM and the adoption by the planning board.

      Supervisor Smith moved, seconded by Council Member Sinek, to adjourn the public hearing until
December 9, 1997.

VOTE:       AYES    ALL

PUBLIC HEARING - PRELIMINARY BUDGET

        Proof of publication having been offered, the Supervisor opened the public hearing on the 1998
preliminary budget.

        Council Member Laster noted his satisfaction with the budget and the excellent job performed by
Town Administrator Faiella and Town Comptroller Paderewski in preparing the budget. Although with
the new budget the tax rate will increase slightly, it will be offset by the savings in water cost, which will
be approximately 10%. The net effect on the average taxpayer will be zero.

       Supervisor Smith stated that he was also pleased with the budget and congratulated the Town
Board for being clear on their goals, the Town Administrator and Comptroller for working with the
numbers and dollars and the department heads for meeting the budgetary goals.

        Council Member Sinek agreed with Supervisor Smith and Council Member Laster and further
noted that the Town has advanced in the budget process and now focuses more on the goals and
objectives of each department.

         Council Member Novenstern requested that County Legislator Wishnie, who is the budget co-
chair for the County, address the Westchester County 8% tax increase.

         County Legislator Wishnie stated his unhappiness at the 8% increase and noted that after
examination of the County budget, he thinks the increase will be at least 8%, due to many factors, several
being: The County of Westchester has a billion dollar budget without the capital budget; 70% of the
budget funds are mandates; Westchester County is receiving less State funds; inflation; changes in the
federal government regulations regarding welfare; and, the education and transportation budget. As of
today, New York State owes Westchester County over $20 million for several years of education and
transportation, to cite one example of State funds owed to the County.

           Council Member Sinek moved, seconded by Council Member Novenstern, to close the public
hearing.
VOTE:      AYES    ALL


          Council Member Laster moved, seconded by Council Member Wells, to adopt the preliminary
budget.

VOTE:      AYES    ALL


PUBLIC COMMENT/NEW BUSINESS

        Administrator Faiella stated that the Town's present snow removal contract includes the
commuter parking lot, commercial parking lots and several sidewalks and he would like to expand the
contract. The two options would be to add to the existing contract or request bids from other contractors.
Due to time limitations, he requested permission to move forward.

       Council Member Laster moved, seconded by Council Member Wells, authorization to bid snow
removal for commuter parking lots, commercial parking lots and Town-owned sidewalks.

VOTE:      AYES    ALL


        Supervisor Smith moved, seconded by Council Member Laster, to authorize the
Chappaqua/Millwood Chamber of Commerce to utilize the New Castle Community Center tree for
decoration of such, without religious symbols, and the open space in the adjoining area for placement of
the menorah.

VOTE:      AYES    ALL


        Council Member Wells noted that on December 12, 1997 the Chamber of Commerce will hold a
children's shopping night in Town.


APPOINTMENT - BUILDING INSPECTOR GRADE II

         Supervisor Smith moved, seconded by Council Member Novenstern, to appoint William Maskiell
to the position of Building and Plumbing Inspector Level II at the annual salary of $53,431 which is
Group X, Step IV. The appointment is being made from the Eligible List for Building and Plumbing
Inspector Level II, and is subject to a 26 week probationary period, which may be reduced upon written
notification to a minimum of 12 weeks or any number of weeks thereafter up to 26 weeks. In no event
may the probationary period be reduced below the minimum of 12 weeks.

VOTE:      AYES    ALL


APPOINTMENTS - VARIOUS BOARDS

        Supervisor Smith moved, seconded by Council Member Sinek, to nominate appointment of Jan
Zager to the Solid Waste Advisory Board.
VOTE:    AYES     ALL


      Council Member Novenstern moved, seconded by Council Member Laster, to reappoint Sandy
Cherman to the Recreation and Parks Commission Board.

VOTE:    AYES     ALL


        Supervisor Smith moved, seconded by Council Member Laster, to nominate the reappointment of
Ted Salem, Martha Kohn and Gaye Altman and appointment of Elizabeth Nichols and Arisa Cunningham
to the Drug Abuse Prevention Council.

VOTE:    AYES     ALL


        Supervisor Smith noted that it will be the intention of the Town Board to appoint Amy Schandler
and Frank Carroll to the Drug Abuse Prevention Council as soon as two positions are created.

       Council Member Laster moved, seconded by Supervisor Smith, to nominate the appointment of
Ellen Hexter to the Ethics Board.

VOTE:    AYES     ALL


APPOINTMENTS - VARIOUS TOWN OFFICERS

        Supervisor Smith moved, seconded by Council Member Sinek, to reappoint the following
individuals to the following offices for the Town of New Castle:
        Patricia A. Lawson        - Deputy Clerk
        Penelle Paderewski        - Comptroller
        Tina Peretti              - Deputy Comptroller
        Frank Annunziata          - Town Engineer
        Ralph Tarchine - Building Inspector Grade II
        Steve Coleman             - Wetlands Inspector
        Gerard Moerschell         - Commissioner of Public Works
        Mark Orser                - Deputy Commissioner of Public Works
        Gennaro J. Faiella        - Town Administrator
        Evelyn Cannon             - Court Clerk
        Michelle Danko- Assistant Court Clerk

VOTE:    AYES     ALL


APPROVAL - MVP HEALTH PLAN RENEWAL

         Supervisor Smith moved, seconded by Council Member Novenstern, to offer the alternative MVP
benefit package covering students to age 23.
VOTE: AYES        ALL


MINUTES - OCTOBER 14 AND NOVEMBER 10

       Council Member Novenstern moved, seconded by Council Member Laster, to accept and file the
minutes for November 10 with typographical errors corrected and the following amendments:

Page 1, second paragraph after the League of Women Voters of add "Briarcliff/Ossining/Croton/Cortlandt
and the League of Women Voters of New Castle are..."

Page 10, before the Vote add, "Council Member Sinek emphasized the importance of retaining the
residency requirement for the position of Town Clerk."

VOTE:     AYES     ALL


       Council Member Laster moved, seconded by Council Member Wells, to accept and file the
minutes for October 14 with typographical errors corrected and the following amendments:

Page 22, paragraph 4, to read: "Council Member Wells questioned whether there had been any study
showing a relationship between the use of alcohol and tattooing or whether there was any connection
between body mutilation and tattooing." Mr. Gallo replied, "there is a lot of anecdotal reports regarding
alcohol and tattooing and some are probably true."

Page 22, paragraph 5, second sentence after illness, add Mr. Gallo noted "under the State's penal law,
tattooing anyone under age eighteen is illegal."

VOTE:     AYES     ALL


CORRESPONDENCE

         Council Member Novenstern moved, seconded by Council Member Laster, to receive and file the
correspondence listed below, and that the originals be maintained by the Town Clerk in a separate volume
for the period of time required by law.

         INCOMING

NO.     TO            FROM

56.    Town Clerk       Hershel Reich
      Re: Polling Place Yeshiva Farm Settlement


                         VOTE: AYES        ALL


        Supervisor Smith explained that the correspondence received was from the Yeshiva Farm
Settlement, which is an Orthodox Jewish Community in Town. Their polling places were at the
Presbyterian Church and their concern was that the entrance to the polls was through a room with
religious articles.

         Council Member Sinek noted that it should be a priority of the new Town Clerk to find polling
sites that are acceptable to everyone.

        Council Member Laster stated that he would like the Town Board to become more involved in
the designation and acceptance of polling sites.


COMPTROLLER REPORTS

        Supervisor Smith moved, seconded by Council Member Wells, to accept and file the report on
audited vouchers from the Comptroller dated November 6, 1997.

VOTE:     AYES        ALL


        Supervisor Smith moved, seconded by Council Member Novenstern, to accept and file the report
on audited vouchers from the Comptroller dated November 13, 1997.

VOTE:     AYES        ALL


         Council Member Laster noted $41,000.00 in delinquent property taxes that are a result of
properties having been acquired by the Town. He requested a list of property which the Town owns as a
result of nonpayment of taxes.

        Counsel Dittelman explained that sometimes auctions are held of Town-owned property, however
these properties for the most part are valueless for development and difficult to sell. He noted that a list
could be obtained from the Tax Assessor's roll.

       Council Member Novenstern stated that these properties are documented and has requested an
updated list from Town Administrator Faiella.


EXECUTIVE SESSION

        At 9:20 p.m., Supervisor Smith moved, seconded by Council Member Sinek, to adjourn the
regular meeting and go into an Executive Session to discuss Labor Negotiations/Real Estate.
VOTE: AYES ALL


                                 Respectfully submitted,


                                 Patricia Lawson
                                 Acting Town Clerk

				
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