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HomeMy WebLinkAbout2007_12_06 Town Board Minutes DECEMBER 6, 2007 TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING — Thursday, December 6, 2007 in the Town Center Court Room at 8:15 PM THE TOWN BOARD WILL CONVENE — at 5:00 PM into a Work Session to discuss The Community Preservation Act, Drainage regulation, Agenda for Meeting with Village of Larchmont, Boards and Commissions & Habitat for Humanity Proposal. RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PUBLIC HEARING —2008 Preliminary Town Budget BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN 1. Salary Authorization — Police Department Paramedics Recreation APPROVAL OF MINUTES: November 7, 2007 November 20, 2007 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERKS REPORT Next regularly scheduled meetings — December 19, 2007 &January 3, 2008 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 DECEMBER 6, 2007 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON DECEMBER 6, 2007 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 David J. Fishman ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Linda Silvestre, Deputy Town Clerk WORK SESSION FCD Mamaroneck, LLC Supervisor O'Keeffe notified the Board that representatives from Forest City are here and would like to speak with the Board. On motion of Supervisor O'Keeffe, seconded by Councilman Fishman, the Board unanimously closed the open meeting for advice of Counsel. The Board reconvened the open meeting and the representatives from Forest City were introduced. David Levey addressed the Board. Mr. Levey noted that FCD Mamaroneck, LLC, currently holds a Special Permit due to expire on April 18, 2008, to construct a Condominium, as well as a parking deck, for use by the Town of Mamaroneck. Mr. Levey explained that due to the current real estate market, Forest City cannot at this time move forward with the construction of the condominium. Mr. Levey assured the Board that FCD Mamaroneck is still very committed to this project. Mr. Levey made note of a letter from Mr. Altieri, written on behalf of the Town Board on advice of Counsel during Executive Session, in which the Town would hold a mortgage against the property, if the Town built the parking deck. Mr. Levey is instead, proposing that FCD Mamaroneck, LLC build the deck, in return the Town would grant FCD Mamaroneck an extension on their current Special Permit for thirty six more months. The Board expressed their concern, that a time frame needed to be in place for finishing the deck, and proposed that a reduction to the thirty six month extension could be imposed if the deck is not completed by a determined date. The Board and the representatives of FCD Mamaroneck discussed what a reasonable time frame should be, as well as the next steps involved in constructing the parking deck. The Board agreed to a month by month penalty, for every month beyond the finish date, FCD Mamaroneck will lose one month off the thirty six month extension. The Board agreed that FCD Mamaroneck would solicit 4 bids. After review by the Town, an additional 4 month time frame would be added to the awarded contract and used as a basis for the time frame granted to FCD Mamaroneck, for completion of the parking deck. Mr. Maker noted that a Public Hearing would need to be held, as is legal protocol when amending a Special Permit. In conclusion, Mr. Maker will begin to amend the language of the Special Permit, FCD Mamaroneck will gather bids and the Town will set a Public Hearing. 2 DECEMBER 6, 2007 Correspondence - Daniela Rabino Supervisor O'Keeffe noted she has been contacted by a Skidmore student named Daniela Rabino. She is currently working on a conservation project in Madagascar. She would like to address the Town Board at a future Town Board meeting. She will be added to the agenda for December 19tH New Fire Truck Mr. Altieri reported the Fire Department took delivery of their new Fire Truck. Unfortunately, there were minor corrections that needed to be made, and the truck was returned to Pennsylvania. Appointments of Police Officers - Report from Chief Rivera Chief Rivera reported to the Board the specifics regarding his recommendation for the appointment of three new Police Officers to fill current vacancies. These appointments are on the agenda for this evening's meeting. The Board took this opportunity to bring the Chief `up to speed' on the intersection of Myrtle Boulevard and No. Chatsworth Avenue. Supervisor O'Keeffe asked for additional Police presence should the Board decide to remove the no turn on red, at the intersection. Mr. Altieri was asked to generate a press release regarding upcoming meetings being held regarding this issue. Mr. Altieri noted he would be discussing with the engineers, the possibility of an advanced pedestrian phase as opposed to an exclusive pedestrian phase. The Hudson Valley Community Preservation Act (2007) Mary Stanton explained, the Hudson Valley Community Preservation Act, recently signed by Gov. Elliott Spitzer. This Act gives residents of Westchester, Putnam, Ulster and Orange Counties the power, through referendum, to create a fund dedicated to protecting open spaces, water resources, working farms and historic buildings. The Act also creates a vehicle for funding through the implementation of a real estate transfer fee of up to 2%, bond money, property tax revenue, or gifts of land. The transfer fee would be based on the portion of the sale price above the median real estate sale price in Westchester County. The Board felt this might not be an appropriate time to establish such a fund. The Board agreed to have Mr. Maker review the Statute further. Drainage Regulations Councilwoman Seligson noted at the last meeting of the Zoning Board of Appeals, it was brought to her attention that there is a discrepancy in Zoning Code §240-50. Terraces and Porches, with respect to open porches. The Board reviewed the inconsistencies, and determined there were multiple issues with the code as written. Mr. Maker would revise the language for the Board to review. Mr. Maker advised the Board that it would need to set a public hearing and refer changes to the Planning Board. Mr. Altieri will add this item to the next agenda. Boards and Commissions The Board reviewed the list of individuals with expiring terms for the Town's Boards and Commissions. These re-appointments will take place, at the January 2008 Organizational Meeting. The Supervisor, and in some cases the Board liaisons, will contact the members to assess their desire for reappointment. The Board noted an alternate member is still needed for the Zoning Board. Councilman Fishman noted Robert Viner was interested in this appointment. His resume will be requested and the Board will interview him. Agenda for Meeting with the Village of Larchmont The Board was asked to email items to Mr. Altieri. He will prepare an agenda for the Board to review. 3 DECEMBER 6, 2007 Habitat for Humanity Proposal Mr. Altieri reminded the Council members to look at the proposed affordable housing site. Mr. Altieri will be emailing issues for discussion, at the next work session. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe, at 8:35 PM, she then pointed out the location of exits. Supervisor O'Keeffe welcomed students from Iona College who were unexpectedly in the audience. They were present at the meeting for the budget presentation, as part of an assignment for their Government Accounting class. PUBLIC HEARINGS - 2008 Preliminary Town Budget The following notice of Public Hearing was entered into the record: PUBLIC HEARING —2008 Preliminary Budget PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck, New York on Thursday, December 6, 2007 at 8:15 PM in the Court Room of the Town Center, 740 West Boston Post Road, Mamaroneck, New York to consider the Town of Mamaroneck's Preliminary Budget for the calendar year commencing January 1, 2008 and ending December 31, 2008. All citizens are invited to attend and provide the Board with written and oral comments and ask questions concerning the preliminary budget. The entire preliminary budget can be inspected by the public from 8:30 AM to 4:30 PM, beginning Wednesday, November 28, 2007, in the Town Clerk's Office, Town Center, 740 West Boston Post Road, Mamaroneck, New York. Copies of the Preliminary Budget will also be available at the Town Clerk's Office. PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town Board are as follows: Supervisor $37,500; Town Council (4) $6,000 each and the proposed salary for the Town Clerk is $76,200 and the Town Justices (2) $21,000. On motion of Councilwoman Wittner, seconded by Councilman Fishman-, the Public Hearing was unanimously opened. Mr. Altieri presented a slide show outlining the Preliminary Budget. The following summary from the Preliminary Budget is follows: 2008 Preliminary Town Budget at a Glance 2007 2008 Revenues Tax Levy $17,736,085 $18,322,705 Non-Property Tax Revenues 7,847,000 8,538,400 Applied Reserve Funds 1,893.000 2,277,640 Total $27,476,085 $29,138,745 Expenditures Salaries $10,511,530 $11,985,945 Equipment 280,500 367,290 Contractual Expenses 14,440,085 14,573,745 Debt Service 2.243,970 2,211.765 Total $27,476,085 $29,138,745 4 DECEMBER 6, 2007 The Preliminary Budget proposes to increase expenditures by $1,662,660 which represents a 6% increase. Based upon the revenues and appropriations included in the 2008 budget, property owners in the Town will realize the following change in property taxes. The schedule distinguishes the impact upon properties in the Villages of Mamaroneck and Larchmont and the unincorporated area of the Town. Impact Upon Unincorporated Area Properties 2007 2008 Change Property Tax Rate $239.70 $251.55 $11.85 Town Property Taxes 1 $4,794.00 $5,031.00 $237.00 The increase in the property tax is 4.9% Impact Upon Properties in the Villages of Mamaroneck and Larchmont 2007 2008 Change Property Tax Rate $11.25 $10.20 ($1.05) Town Property Taxes in Villages3 $225 $204 ($21) The decrease in the Town wide tax is 9.3% Denis Brucciani gave a slide presentation of the Town's debt service. Supervisor O'Keeffe asked if anyone wished to speak about the Preliminary budget. Councilwoman Wittner thanked Mr. Altieri for an excellent summary. Mr. Brian Rohman, 69 W. Brookside Drive, asked for an explanation of where short term funds of the Town are kept. Mr. Altieri explained by law the avenues of investment for the Town are very limited. On motion of Councilwoman Wittner, seconded by Councilman Fishman, 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 Fishman, 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: David J. Fishman 1. FIRE CLAIMS Commissioner Odierna presented fire claims for authorization of payment, thereafter on Commissioner Wittner's motion, seconded by Commissioner Seligson, 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: 5 DECEMBER 6, 2007 911 Wear $ 408.00 911 Wear $ 387.00 AAA Emergency Supply Co. Inc. $ 256.06 AAA Emergency Supply Co. Inc. $ 60.00 AAA Emergency Supply Co. Inc. $ 32.00 AAA Emergency Supply Co. Inc. $ 7.50 Brewer's $ 47.78 Cablevision $ 78.69 Excelsior Garage $ 3,422.00 G & K Services $ 203.92 Inter-State Diagnostics $ 313.50 Inter-State Diagnostics $ 238.50 Nextel $ 175.23 Poland Springs $ 126.77 Rice Maintenance Service $ 860.00 Town of Mamaroneck P.F.F.A. $ 220.08 Verizon Wireless $ 12.56 William Premuroso $ 56.65 W.S. Darley & Co. $ 429.01 Total: $ 7,335.25 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Other Fire Department Business Mr. Altieri reported, the Fire Department took delivery of their new Fire Truck. Unfortunately, after 9 to 10 hours of inspection, issue with the bid specifications not being followed were discovered. The Fire Truck was returned to Pennsylvania so the corrections could be made. There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Seligson, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Salary Authorization — Police Department Paramedics Recreation POLICE DEPARTMENT On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize the appointment of James Kerr as a Probationary Police Officer at an annual salary of$46,305, effective December 13, 2007 and; BE IT FURTHER RESOLVED, that the Town Board does hereby authorize the appointment of Philip G. Titolo as a Probationary Police Officer at an annual salary of$46,305, effective December 13, 2007 and 6 DECEMBER 6, 2007 BE IT FURTHER RESOLVED, that the Town Board does hereby authorize the appointment of William P. Kolman as a Probationary Police Officer at an annual salary of$46,305, effective December 13, 2007. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye PARAMEDICS On motion of Councilman Odierna, seconded by Councilman Fishman, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the appointment of Mark J. Ballantyne as a Paramedic with the Town of Mamaroneck Ambulance District at a per diem rate of $25.50 an hour effective December 6, 2007. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye RECREATION On motion of Councilman Odierna, seconded by Councilman Fishman, it was RESOLVED, that as provided for in the 2007 Town Budget the Town Board does hereby authorize the payment of salary to the following: Christopher Hartnett, Skate Guard, Hommocks Park Ice Rink, $9/hour, effective 12/1/07. John Inglis, Hockey Coach, Youth Hockey Program, $6/hour, effective retroactive to 11/15/07. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Report of Bids — Contract TA-07-04—Conservation Area Repairs Mr. Altieri explained during the April 15th flooding of the Sheldrake River, damage was sustained to the catwalk and bridge. The total length of the proposed structure is 275 linear feet extending from the entrance on Weaver Street toward Highland Road. 7 DECEMBER 6, 2007 On December 3, 2007 at 11:00 AM, the Town of Mamaroneck opened bids for Contract #TA-07-04, Conservation Area Improvement Project. The following bids are entered into the record at the end of the minutes as: Attachment A On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following was approved; Whereas, during the April 15th flooding of the Sheldrake River damage was sustained to the catwalk and bridge, and Whereas, the Town of Mamaroneck has received a Federal Emergency Management Agency (FEMA) grant in the amount of $40,000.00, and Whereas, on December 3, 2007 at 11:00 AM, the Town of Mamaroneck opened bids for Contract#TA-07-04, Conservation Area Improvement Project#27-12, for the construction of a new catwalk and bridge to include 275 linear feet of structure extending from the entrance on Weaver Street toward Highland Road, and Whereas, the Town has received five proposals ranging from 59,608.00 to $152,861.15. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract#TA-07-04, to Acocella Contracting, Inc., Scarsdale, New York, the lowest responsible bidder, in the amount of 59,608.00, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Comptroller to transfer funds in the amount of$19,000.00, from General Town-General Fund into Capital Project Account# H8597.4-8510.5002, to cover the additional cost of the project, above the FEMA Grant received of$40,000, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said contract with Acocella Contracting, Inc., on behalf of the Town. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES November 7, 2007 November 20, 2007 NOVEMBER 7, 2007 On motion of Supervisor O'Keeffe, seconded by Councilman Fishman, it was unanimously 8 DECEMBER 6, 2007 RESOLVED, that the Mamaroneck Town Board does hereby approve the Board minutes from the meeting of, November, 7, 2007 NOVEMBER 20, 2007 Councilman Odierna asked the Clerk to check on the paragraph in the Report of Council, in which reference was made to an upcoming Budget Work Session. Therefore, the minutes for November 20th were not approved. ORAL COMMUNICATIONS Brian Rohman, Larchmont Gardens' Civic Association, asked the Board to explain further the $600,000, budgeted for the Larchmont Public Library, and where the additional funding would come from. He noted the Association's pleasure in seeing the funding for the paving on the other side of the Brook, he asked what the time frame for completion would be. He welcomed the community to the Annual Tree Lighting Ceremony this Saturday at 4:3013M. Finally, he asked for a status on the stairwell repair at the train station, as well as the light at Myrtle Blvd. and Mr. Altieri responded, the additional funding for the Library will come from fundraising, the paving at the Brook should begin in June of 2008, the stairwell deterioration was too great to leave the structure open. The stairwell project should take 3 months. WRITTEN COMMUNICATIONS None reported SUPERVISOR'S REPORT Supervisor O'Keeffe reported the Board has been very busy with the budget process. The swearing in ceremony for newly elected officials will take place during the Town's Organizational Meeting on January 2, 2008. She wished everyone a Happy Hanukah! REPORT OF COUNCIL Councilman Fishman reported on the recent meetings of the Village of Larchmont and the Mamaroneck School Board, regarding concerns over the use of synthetic turf for fields. He praised both Boards for providing a forum for discussion and for providing a fair conversation. He is personally happy to see these projects move forward. Councilwoman Seligson attended a Greenway Meeting. The signage is now complete and will be installed next week. A soft opening is scheduled, with a hard opening to take place around Earth Day. She attended ICLEI's regional meeting last week, noting they are continuing their work to help municipalities evaluate and minimize their carbon footprints. She attended the Zoning Board Meeting, as well as many budget meetings. She noted, the Town of Mamaroneck, hosted the Westchester Municipal Officials' Dinner at the Bonnie Briar County Club, the newspaper editor, Milt Hoffman was a wonderful speaker. Councilwoman Wittner appeared jointly with the Village of Scarsdale, before the Westchester County Legislator's Environment and Energy Committee. They presented the Long Island Sound Watershed Inter Municipal Association's (LISWIC) creation of a Storm Water District. She attended the Westchester County Soil and Water Conservation District Meeting, she was informed that the County is ready to move forward with the Gardens' Lake Project. She also attended the Village of Larchmont's Meeting regarding the synthetic turf fields. Councilman Odierna, noted he had attended many of the same meetings. He also attended the Chamber of Commerce Meeting and the Santa Walk along Mamaroneck Avenue. The Recreation Commission Meeting will be next week. Mr. Altieri noted, the County will not be requiring Town residents to place garbage in a clear plastic bag. The County is initiating greater recycling enforcement; Oops stickers will be re-instituted. 9 DECEMBER 6, 2007 ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilman Fishman the meeting was unanimously adjourned at 11:10 PM, in memory of Mary Bopp and Richard McHugh. Supervisor O'Keeffe sent the Board's sympathy to both families, noting they were both pillars in the community. Submitted by Christina Battalia, Town Clerk 10