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.
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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.
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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.
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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
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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:
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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
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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.
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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
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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.
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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
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