HomeMy WebLinkAbout2008_12_03 Town Board Minutes December 3, 2008
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK HELD ON DECEMBER 3, 2008 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
WORK SESSION
Town Website
Tiffany Torres, of Brian Foy Consulting, was present to discuss her company's redesign of the
Town Website. Ms. Torres discussed the feedback from the Department Head questionnaire
as well as from individual Department Head meetings. She presented her finding of resident
access to the Town website, specifically total `hits', page views per day and visitors by IP's.
The Board reviewed possible page layout and asked for a website `mock up' for further review.
Safe Routes to School
The Board discussed a memo from Mary Stanton, in which she asked the Board to consider
using the anticipated payment of funds in the amount of$40,000 from the Housing Authority,
to help finance the installation of new sidewalks and curbs at Hommocks School. The
proposed sidewalks and curbs would run along Town property in front of Blockbuster. Ms.
Stanton reminded the Board that Safe Routes to School was denied grant monies from the
Department of Transportation, to which they had applied and the Town endorsed. After the
denial, Kim Larson of Safe Routes to School appeared before the Board, requesting the Town
consider installing the Hommocks' sidewalk as a needed safety issue. The Town
Superintendent of Highway has estimated the project to cost $25,567 and has provided a
sketch of the proposal. The Board agreed to the concept but specified final approval would
not take place until the Town receives the Housing Authority payment.
On motion of Councilman Fishman, seconded by Councilwoman Seligson, the Board
unanimously agreed to enter into Executive Session to discuss Certiorari.
EXECUTIVE SESSION
Certiorari
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:15PM she then pointed out the location of exits.
FIRE DEPARTMENT CITATIONS
Supervisor O'Keeffe welcomed Fire Department Chief David Commender and Deputy Chiefs
Sean McCarthy and Brendan Collins. The Town has awarded a Unit Citation to the Fire
Department as follows:
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December 3, 2008
UNIT CITATION
FIREFIGHTERS OF THE TOWN OF MAMARONECK
WHEREAS: On the weekend of November 22, 2008 in an unprecedented 18-hour
period the Town of Mamaroneck Fire Department battled 3 working fires;
and
WHEREAS: The fires located at Harmon Drive, Premium Point, and Myrtle Boulevard
tested the skill, professionalism, and commitment of our volunteer and
career firefighters in fighting these fires; and
WHEREAS: The fires were extinguished without serious injury to our residents or
firefighters.
NOW, THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor of the Town
of Mamaroneck, and the Town Board members hereby enthusiastically commend all of the
members of the Town of Mamaroneck Fire Department for their hard work and dedication on
the weekend of November 22, 2008 in protecting the property and lives of the residents of our
community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of
Mamaroneck to be affixed this 3rd day of December 2008.
Certificate of Appreciations were also awarded to the Town Police as well as the Firefighters
who assisted the homeowner to safety.
PUBLIC HEARING —2009 Preliminary Budget
Handicapped Parking Space– Copley Road
No Parking Zone– Murray Ave
Regulation of large Propane Tanks
The following notice of Public Hearing was entered into the record:
PUBLIC HEARING –2009 Preliminary Budget
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of
Mamaroneck, New York on Wednesday, December 3, 2008 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, 2009 and
ending December 31, 2009. 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
Monday, December 1, 2008, 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 $82,000 and the Town Justices (2) $21,000.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Published: November 26, 2008
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December 3, 2008
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the Public
Hearing was unanimously opened.
Supervisor O'Keeffe asked the Board to take a recess of the Public Hearing and to enter a
motion to convene as Fire Council while the Chiefs were in attendance.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner
Wittner, seconded by Commissioner Seligson, 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 Seligson presented fire claims for authorization of payment, thereafter on
Commissioner Wittner's motion, seconded by Commissioner Odierna, 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. Air Compressor& FF Equip. $ 1,108.00
AAA Emergency Supply Co. Inc. Fire Fight. Equip. $ 751.00
AAA Emergency Supply Co. Inc. Scott Pac Repair $ 484.83
AAA Emergency Supply Co. Inc. Safety Vests $ 299.70
AAA Emergency Supply Co. Inc. Fire Fight. Equip. Repairs $ 225.00
AAA Emergency Supply Co. Inc. Fire Fight. Equip. $ 191.25
AAA Emergency Supply Co. Inc. Fire Fight Equip. $ 147.25
AAA Emergency Supply Co. Inc. Fire Hose Repair $ 60.00
AAA Emergency Supply Co. Inc. Fire Hose $ 40.00
Austin Hardware Eng 37 Supplies $ 43.00
AW Direct Ladder 19 $ 121.34
Brewers Spring Fish Scale $ 29.68
Cablevision Cable TV $ 79.17
Fire end &Croker Hoods & Suspenders $ 449.61
IKON Copier $ 212.13
Keith Napolitano Textbooks $ 88.33
Larchmont Yacht Club Inspection Dinner $ 10,544.80
Motorola Pagers $ 156.00
Poland Springs Drinking Water $ 98.58
Proftech Chair $ 174.00
Proftech Office Supplies $ 142.42
Proftech Office Supplies $ 14.84
TMFD Reimb. for Food 11/21 & 11/22 $ 167.72
TOMPFFA Life Ins. Premium $ 220.08
Total: $ 15,848.73
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December 3, 2008
The above resolution was put to a roll call vote:
Commissioner Fishman Aye
Commissioner Seligson Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner O'Keeffe Aye
2. Other Fire Department Business
Commissioner Wittner read the Fire Report for November, as submitted by Chief Commender.
She also noted the Fire Department's Annual Toy Drive, adding all unwrapped toys can be
brought directly to the Weaver Street Fire House, as well as the Ice rink on December 14th for
the `Skate with Fire Fighters' event.
There being no further business to come before the Commission, on motion of Commissioner
Wittner, seconded by Commissioner Fishman, the Commission unanimously adjourned and
the Town Board reconvened.
The Public Hearing reconvened.
Mr. Altieri presented the 2009 Town Budget with a PowerPoint presentation as follows:
2009 Preliminary Town Budget at a Glance
2008 2009 Change
Revenues
Tax Levy $ 18,323,305 $ 19,066,155 $742,850
Non-Property Tax Revenues 8,538,400 8,895,240 56,840
Applied Reserve Funds 2,277,640 2,047,330 (230,310)
Total $29,138,745 $30,008,725
Expenditures 2008 2009 Change
Salaries $11,965,945 $12,656,065 $690,120
Equipment 367,290 342,700 (24,590)
Contractual Expenses 14,593,745 15,094,915 501,170
Debt Service 2,211,765 1,915,045 (296,720)
Total $29,138,745 $30,008,725
The Preliminary Budget proposes to increase expenditures by$869,980. This
compares quite favorably to 2008 when expenditures rose by$1,662,660. Based upon
the revenues and appropriations included in the 2009 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
2008 2009 Change
Property Tax Rate $251.55 $257.50 $ 5.95
Town Property
Taxes ' $5,031.00 $5150.00 $119.00
Impact Upon Properties in the Villages of Mamaroneck and Larchmont
2008 2009 Change
Property Tax Rate2 $10.20 $14.25 $4.05
' Calculation of property taxes is based upon a property with an average assessment of$20,000
2 Property tax rate is a combined tax rate that includes the Townwide tax rate and Ambulance District
tax rate both of which are levied upon all properties in the Town of Mamaroneck
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December 3, 2008
Town Property
Taxes in Villages3 $204 $285 $81.00
The adjustment in taxes for Village taxpayers proposed for 2009 will be the first
increase in four years. The Townwide tax has actually declined in each of the last four
years.
Because of the New York State statutes regarding Town services and Town budgeting
there is often confusion as to why one group of residents of the Town appears to pay
so much less in property taxes than another. The Town budget is comprised of nine
operating budget funds. Each fund operates independently and includes separate
revenues and expenditures. Residents living in the Villages of Mamaroneck and
Larchmont receive certain Town services including recreation services, assessment
services, election services, and ambulance service. In 2009 the list of services to
Village residents will increase to include Senior Services and Community Services as
well as Section 8 Housing Voucher Services. As will be explained later the services
taken over from the Village were a major driver of expenditure increases in the
Townwide General Fund.
Residents of the unincorporated Town not only receive the aforementioned services
but also receive all of the essential municipal services including police, fire, and
garbage and recycling collection, snow removal, sewer service and land use services.
Revenues and expenses for these services are accounted for in the seven remaining
budget funds that apply only in the unincorporated area of the Town.
Each year as the budget is prepared we attempt to look at expenses on a multi-year
basis to avoid large fluctuations in revenue and expense estimates. Budgets
prepared in this fashion assure against large spikes in property tax adjustments from
year to year which is generally more acceptable to taxpayers. This year in the
Townwide Fund it was difficult to avoid a larger fluctuation due to severe revenue
reductions and the increase in expenditures resulting from the service consolidation.
Where the Money Will Come From?
Non-property tax revenues are expected to total$8.9million in 2009 and fund roughly
30% of the Town budget. In 2008 non-property tax revenues used to offset property
taxes increased by$690,000. For 2009 we estimate that these same revenues will rise
by half that amount, increasing by only$345,000. The significance of this change is
felt most in the Townwide budget where we account for mortgage tax and investment
income revenue.
Mortgage tax revenue estimates have been scaled back from $1.4million to$1.2million
in light of the downturn in housing sales. Investment income is expected to decrease
from $610,000 to $455,000 in 2009 also because of the current economic conditions.
These two sources of income comprise roughly 25% of our non-tax revenue.
Therefore a reduction of$355,000 in revenue produces a significant impact upon the
budget.
The Town also receives a portion of total sales tax revenue earned in Westchester
County. Sales tax is apportioned to Towns and Villages on a per capital formula.
Sales tax revenue has remained relatively stable through 2008 which we believe is
attributable to sales tax revenues from the sale of gasoline and diesel fuel when fuel
prices were at or above $4.00 per gallon. Based upon payments received to date and
because of our conservative estimates from prior years we are proposing to leave
expected sales tax revenues at$1.3 million for the coming year.
While other sources of revenue are not impacted as severely as the mortgage tax and
investment income,overall performance is expected to be fair. For instance, revenue
estimates for land use and construction permits have either been reduced or left
unchanged from 2008 in light of the economic conditions at this time.
Aid from New York State is very uncertain at this time due to the expected deficit in
the New York State Budget and the talk of cutbacks to aid to schools and
municipalities. Because of the precarious nature of aid from the state we have always
been conservative in our budget estimates. By following this practice we are able to
soften the impact of aid reductions in any given year. Although there have been
minor increases in aid in the last two years we continue to carry in the budget an
s Calculation of property taxes is based upon a property with an average assessment of$20,000
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December 3, 2008
estimate of$135,000 which dates back several years. Should there come a time when
the Town can rely upon a more stable increase in state aid, we will revise our
estimates.
Under the category of State Aid and grants, the consolidation of the Senior and
Community Service Programs will produce new revenues for the Town. The Town will
assume grant contracts for the newly consolidated nutrition center program, meals-
on-wheels program, and transportation program for senior citizens. The grants are
expected to generate $61,000 in aid from Westchester County. In addition there will
be anther$50,000 in fees and charges generated by the programs. The new revenues
will offset 30% of the total program costs.
While the on the whole the revenue picture is down there are some revenue increases
worthy of note. Revenues from parking fees are expected to increase from $180,000
to $300,000 in the coming year. Most of this is attributable to the new parking deck on
Myrtle Boulevard which should be completed in April of 2009. The deck will provide
approximately forty new parking spaces that will be used for resident and daytime
parking. New parking fees are also planned for 2009 when the New York State
Legislature is expected to permit the Town to allow resident only parking on the
streets in Washington Square. Lastly the Town will obtain eleven new parking spaces
for daytime use on Byron Place.
Recreation Department revenues will again increase in 2009 by approximately$75,500
to $1.8million. Continued success at the Hommocks Ice Rink is expected to result in
more revenue from ice rentals and general public sessions. There has also been
renewed interest in our house hockey program. In total Ice Rink revenues are
expected to total$840,000 in 2009, an increase of$74,000. Pool revenues will
increase by$30,000 as we expect that in 2009 the pool will operate for a complete
summer and winter season. This past year the pool season was interrupted by the
renovation of the locker rooms and pool facility. The increases in pool and ice rink
revenues will be offset however by expected decreases in revenues for some of our
youth and summer programs. Also general recreation charges are expected to remain
unchanged in 2009.
In the category of departmental income the single largest increase will be in the
Ambulance District where charges are expected to increase from $600,000 to
$625,000. The adjustment is due to an increase in the number of ambulance calls and
increases in reimbursement rates from Medicare and health insurance providers.
The property tax, as the single largest revenue source to the budget must be
mentioned in this discussion. For 2009 the Town's taxable property assessments
decreased by over$500,000. A reduction of$650,000 in the assessment role
produces a one percent increase in the tax rate. This will now be the third
consecutive year that taxable assessments have decreased. The decreases in the
assessment role will continue as long as commercial and residential property owners
are able to succeed in appealing their assessments. Property owner's, particularly
commercial property owners, are able to successfully appeal their assessments
because of the failure of the assessment role to accurately relate to a property's
market value. The problem is further aggravated by the fact that as property
assessments are reduced through the appeal process the property taxes lost on
various properties must be absorbed by other property owners. The solution to this
problem is property revaluation which will produce a more stable and equitable
apportionment of property taxes among property owners and reduce the potential for
large reductions in assessments.
Lastly, we want to touch upon the application of unreserved funds or surplus funds as
a funding source to the budget. Surplus funds are necessary to maintain the Town's
credit worthiness and to adequately provide for.
1. Economic uncertainties
2. Local disasters and other financial hardships
3. Contingencies for unforeseen operating or capital needs
4. Cash flow requirements in connection with the collection and guarantee of
County and School District Taxes
For 2009 we have proposed the application of$2.04 million in surplus funds, a
decrease of$230,000 from 2008. Surplus funds are generally derived from greater
than expected revenues or unexpended appropriations. Our decision to reduce the
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December 3, 2008
application of surplus is due to expected decreases in revenue sources. Also with
reductions in expense lines the potential for outstanding expense account balances is
unlikely.
Where will the Money Go?
As mentioned earlier expenditures for all funds of the Town government will increase
by$869,980 for next year. The Town's budget for 2009 for the major budget
categories are as follows:
2008 2009
• Salaries $11,965,945 $12,656,065
• Equipment 367,290 342,700
• Contractual Expenses 14,593,745 15,094,915
• Debt Expense 2,211,765 1,195,045
The following is an explanation of the major budget program highlights for 2009.
Consolidation of Senior Center/Community Service/Section 8 Programs
Earlier this year the Town and Village Mamaroneck began discussions on a concept of
consolidating programs relating housing, senior and community services. For a
number of years the Town and Village have operated these activities with separate
offices and separate staffs. Currently the Village of Mamaroneck operates separate
offices for Section 8 Housing Administration and Community/Senior Services. The
Town also operates a Section 8 Housing Office and Community Services Office but
the two functions are provided in one office using the same staff.
Under the plan approved by both the Town and Village Board the Town will now
operate a consolidated Housing and Community Service office to provide services to
all Town residents including the Villages of Larchmont and Mamaroneck. The
consolidation of the Community Service component of the new office will save over
$50,000. Of equal importance is the fact that new and more diverse programming will
be available to the senior residents of the community. In order for the Town to
operate the new office however there is an initial increase in expenses of$264,000.
The increased costs relate to the addition of one full time staff person and seven part
time staff positions as well as additional operating expenses for food service and
programming.
Police Department Expenses
Expenditures in the Police Department in 2009 will rise by$198,000. The bulk of the
increase is directly related to the Town's contractual commitments to salary increases
provided in the collective bargaining agreement. However within the increase is also
an allowance of$15,000 for a part time parking enforcement officer which will be new
to the budget. With the expansion of parking on Myrtle Boulevard in the new parking
deck and changes to on street parking an enforcement officer is needed to provide for
better parking management.
Employee Benefits
Overall, employee benefits will increase by$191,000 to $5.9million. The increase in
this expense is fortunately smaller than in previous years. Our retirement
contributions will actually decrease slightly in 2009 as will our costs for worker's
compensation insurance. Cost increases are anticipated for medical insurance,
dental and optical insurance. All of our collective bargaining agreements include
requirements for contributions to health insurance benefits.
Increased Energy Costs
The Town's cost for electricity, gasoline, diesel fuel, and natural gas are expected to
increase by$150,000 in 2009 to a total of$938,000. We have been advised by the New
York State Power Authority to expect a 20% to 24% increase in electric rates in 2009.
Electricity accounts for$450,000 of our total energy costs.
Fuel costs for our vehicles accounts for just over$300,000 of our total energy cost.
Fuel expenses were difficult to estimate for the upcoming budget year. Within a four
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December 3, 2008
month period we have observed both the highest and lowest pricing in a number of
years. How fuel pricing will change in the next year is anybody's guess. It is clearly
plausible however, that if economic performance improves in 2009 an increase in oil
prices are possible. Therefore we took an average of pricing during the summer
months and applied that to our estimates for next year.
To combat the cost of fuel, the Town is proposing steps to reduce consumption. By
the end of 2008 we will convert our second garbage truck to run on vegetable oil.
Together the two vegetable oil garbage trucks will reduce our diesel fuel consumption
by over 4,000 gallons. In the capital budget we are proposing the purchase of two
compact cars for use by administrative and inspection personnel. Previously we have
used old police vehicles for this purpose however even at the current price of fuel we
believe the return on the investment in smaller vehicles will be realized within two or
three years.
Transition to Full Time Comptroller
With the decision by the Village of Larchmont to hire the former shared Town/Village
Comptroller on a full time basis the Town needed to transition to a full time
comptroller. The cost for the additional salary and benefits is $50,000. We have
however expanded the scope of work for the position to include the management of
the Town's technology systems. Placing this additional responsibility within the
Town Comptroller's prevue should produce savings down the road for management
of the Town's technology systems.
Off Street Parking Improvements
The 2009 Budget sets aside$40,000 for improvements to off street parking facilities
on Myrtle Boulevard. In commuter parking lot#1 we will eliminate older parking
meters and replace them with parking machines found in many parking lots today.
The parking machines are easier to use and will be more convenient to commuters
who will no longer have to carry pockets full of change each day. New short term
parking meters are also planned for the new parking spaces on Byron Place and on
Myrtle Boulevard and Madison Avenue.
Capital Improvement Plan
Earlier in this letter we noted that all capital projects scheduled for 2008 that required
the borrowing of funds were deferred. This was to avoid an expense in the 2009
Budget and to take advantage of future decreases in overall debt expense. Capital
projects however if deferred to long result in higher costs in the future. Therefore you
will see that many of the projects proposed for 2009 are holdovers from 2008.
The Town's proposed capital improvement plan for 2009 totals $2.9 million. Included
are the following projects:
1. Replacement of Police Vehicles $ 50,000
2. Purchase of compact vehicles $ 24,000
3. Replacement of Refuse Packer $ 185,000
4. Replacement of Highway Dept. Equipment $495,000
5. Road Resurfacing and Curb Replacement $370,000
6. Sanitation Commission Building( $ 300,000
7. Renovations to Senior Center $425,000
8. Baldwin Avenue Sewer Pump Station $ 65,000
9. Highway Garage Electrical Repairs $ 64,000
10.Flood Mitigation Projects $ 700,000
11.Information System Improvements $ 238,000
To finance the 2009 capital projects the Town Board has appropriated$349,000 in the
proposed Budget which is a decrease of$225,000 from last year's appropriation.
Generally speaking annually recurring projects should be financed with budget
appropriations. The objective is to reserve the issuance of bonds for those projects
that are not done each year or for projects that have a useful life of ten or more years.
Therefore the Town intends to issue $2.7million of debt to finance the majority of the
(This project is a joint project of the Town of Mamaroneck and the Village of Larchmont. The amount
listed is the Town's share of the project.
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December 3, 2008
capital project list. Also we are looking forward to grant funds to subsidize roughly
50% of the senior citizen center renovation.
Debt Expense
Lastly, we would like to touch upon the Town's debt expense. Currently the Town's
total outstanding debt inclusive of interest expense is $13.9 million which is a
decrease of just under$3 million. Our outstanding debt is very low for communities of
our size and that is in part due to our reluctance to borrow frequently or for recurring
projects.
Our total principle and interest payments for 2009 will be$1.9million, a reduction of
$300,000 from 2008. Earlier it was mentioned that the Town deferred most of its 2008
capital projects to avoid an increase in debt expense in 2009. In 2010 our debt will
again decrease but this time the decrease will be over$550,000. Therefore our
proposal is to borrow funds for capital projects in 2009 for which the debt expense
will not be realized until 2010. Even with this new borrowing our total debt will still be
down by approximately$270,000. This plan will maintain debt expense at a relatively
low level within the Town Budget.
This brings to a close our discussion and presentation of the 2009 Preliminary Town
Budget. We know that the coming year will present many challenges as we fulfill our
responsibility to provide municipal services in what could be a difficult economy.
However, rather than make hasty decisions that could drastically change the
character and expectations of the community, the Town has developed an even and
considered budget that provides all current services with minor tax adjustments. It
will be our responsibility to closely monitor economic conditions in 2009 and react
accordingly to provide greater value to the community.
Supervisor O'Keeffe asked if anyone wished to speak about the Budget.
The following residents had questions for the Board.
Greg Sposito, 8 Grove Ave
Mike Clayborn, 331 Stanley Ave
Abby Katz, 40 Cooper Lane
Harriett Klein, Larchmont Gazette
Mr. Altieri introduced the Town Comptroller Anthony Siligato. Mr. Siligato gave an overview of
the proposed Information Technology proposals.
The Board thanked Mr. Altieri and Mr. Siligato for their hard work and for Mr. Altieri's excellent
presentation.
On motion of Councilwoman Wittner, seconded by Councilman Fishman, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby adjourn
the Public Hearing on the 2009 Preliminary Town Budget until
December 17, 2008.
PUBLIC HEARING — Handicapped Parking Space —Copley Road
The following notice of Public Hearing was entered into the record:
NOTICE OF PUBLIC HEARING
Handicapped Parking Space on Copley Road near the Alden Road
Apartments
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town
Board of the Town of Mamaroneck on December 3, 2008 at 8:15 PM or as
soon thereafter as is possible in the Court Room of the Town Center, 740
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December 3, 2008
W. Boston Post Road, Mamaroneck, New York to consider establishing a
Handicapped Parking Space on Copley Road near the Alden Road
Apartments
Purpose:
The Town Board will consider a Traffic Committee recommendation to for a
Handicapped Parking Space on Copley Road near the Alden Road
Apartments
The full text of this Local law may be examined and copies obtained at the
Town Clerk's office during regular hours (Monday through Friday, 8:30 AM
to 4:30 PM, or until 4:00 PM during June, July and August) at 740 W.
Boston Post Road Mamaroneck, New York
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons
interested will be given an opportunity to be heard and that all persons are
invited to submit written comments at or prior thereto.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Published: November 12, 2008
Supervisor O'Keeffe asked Mr. Maker to present his findings.
Mr. Maker stated that his legal opinion is that a handicapped parking space cannot have an
hourly restriction that differs from non handicapped spaces on the same street. Therefore,
because there is no time limit on parking on Copley Road, there cannot be any time limit for a
designated handicapped space on Copley Road.
Based on Mr. Maker's comments, the Board decided not to pursue this Traffic Committee
recommendation.
Councilman Fishman stated that if it wished, the Traffic Committee could review time
restrictions on Copley Road.
Sandra Taylor, 11 Alden Road, addressed the Board. Ms. Taylor stated that it is because of
her son and father, who are handicapped, that she appeared before the Traffic Committee
asking for the handicapped space. She strongly urged the Board to reconsider. She does not
understand why there would or should be any time restrictions on the handicapped space,
adding she did not think it would be 'abused' by one individual. She further stated that she
believes there to be very few handicapped parkers in the area.
The Board responded that they are reluctant to create a handicapped parking space that could
effectively be used by a single individual who would not be required to ever move his or her
car, adding that would be unfair to other handicapped parkers in the area.
Councilman Fishman added that the Traffic Committee's understanding is that the Alden Road
Apartment's have chosen not to provide its residents with a handicapped space.
PUBLIC HEARING — No Parking Zone— Murray Ave
The following Notice of Public Hearing was entered into the record as follows:
NOTICE OF PUBLIC HEARING
No Parking Zone on Murray Avenue near Forest Ave
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board
of the Town of Mamaroneck on December 3, 2008 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 No Parking
Zone on Murray Avenue near Forest Ave.
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December 3, 2008
Purpose:
The Town Board finds that on school days, vehicles parked on both sides of
Murray Avenue make it difficult and dangerous for traffic to proceed along
Murray Avenue. It is anticipated that by prohibiting parking on one side of
Murray Avenue at certain times and on certain days, traffic flow and safety will
be improved.
The full text of this Local law may be examined and copies obtained at the
Town Clerk's office during regular hours (Monday through Friday, 8:30 AM to
4:30 PM, or until 4:00 PM during June, July and August) at 740 W. Boston Post
Road Mamaroneck, New York
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons
interested will be given an opportunity to be heard and that all persons are
invited to submit written comments at or prior thereto.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Published: November 18, 2008
On motion of Councilman Fishman, seconded by Councilwoman Wittner, the
Public Hearing was unanimously opened.
Supervisor O'Keeffe asked if anyone wished to speak for or against this Local Law.
On motion of Councilman Fishman, seconded by Councilwoman Wittner, the
Public Hearing was unanimously closed.
On motion of Councilman Fishman, seconded by Councilwoman Wittner, the following
Local Law was unanimously approved
Local Law No. 11 -2008
This local law shall be known as the "Restricted Parking on Murray
Avenue near Forest Avenue" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 — Purpose:
The Town Board finds that on school days, vehicles parked on both sides
of Murray Avenue make it difficult and dangerous for traffic to proceed along
Murray Avenue. It is anticipated that by prohibiting parking on one side of
Murray Avenue at certain times and on certain days, traffic flow and safety will
be improved.
Section 2— Regulation of Parking on a section of Murray Avenue:
On school days, from September 1St of each year to and including June
30th of the immediately following year, no vehicle shall be parked between the
hours of 8:OOAM and 4:OOPM on the section of the west side of Murray Avenue
which starts at the intersection of the westerly side of Murray Avenue and the
southerly side of Forest Avenue and extends a distance of one-hundred fifty
(150) feet north of that intersection.
Section 3—Sign(s) to be Erected and Painting to be Done:
An appropriate sign or signs shall be erected on and/or above, and/or
striping shall be painted on the surface of Murray Avenue indicating where and
when parking is prohibited by this law.
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December 3, 2008
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
provisions.
Section 5— Effective Date:
This Local Law shall become effective upon filing with the Secretary of
State.
PUBLIC HEARING — Regulation of Large Propane Tanks
The following Notice of Public Hearing was entered into the record as follows:
NOTICE OF PUBLIC HEARING
"Regulation of Large Propane Tanks" Law
Adjourned November 19, 2008 for December 3, 2008
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of
the Town of Mamaroneck on November 5, 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 local law entitled
"Regulation of Large Propane Tanks" Law.
Purpose:
Over the Memorial Day weekend, a leaking underground propane tank was
detected. Due to the professionalism of the Town's personnel, the propane tank
was emptied and the leaking gas burned off without injury either to person or
property. If this corrective action had not been taken, the tank may have exploded
and caused damage not only to the home on which the tank was installed but to
neighboring properties and people as well.
Because of the poor condition of the tank, it took over 24 hours for the gas to be
burned off. Throughout this time, Town personnel were required to remain on
site, causing the Town to incur thousands of dollars in overtime compensation.
The cost would have been even higher had not so many of the responders been
volunteers willing to sacrifice their time on a holiday weekend.
This incident has alerted the Town Board to the necessity of examining the use of
propane and other hazardous substances within the Town, and if warranted,
developing regulations to control such use and a procedure for recovering the
cost incurred by the Town for responding to the discharge of propane or other
hazardous substances within the Town. In order to study the issue, the Town
Board has determined that it is necessary to impose a moratorium upon the
installation of propane tanks with a capacity for 50 or more pounds of propane.
The full text of this Local law may be examined and copies obtained at the Town
Clerk's office during regular hours (Monday through Friday, 8:30 AM to 4:30 PM,
or until 4:00 PM during June, July and August) at 740 W. Boston Post Road
Mamaroneck, New York
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested
will be given an opportunity to be heard and that all persons are invited to submit
written comments at or prior thereto.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Published: October 18, 2008
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December 3, 2008
It was noted that the Board is awaiting further information from Ron Carpaneto the
Town's Superintendent for Buildings.
On motion of Councilwoman Wittner, seconded by Councilman Fishman, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby adjourn the
Public Hearing on the "Regulation of Large Propane Tanks" Law until
January 21, 2009.
TAKEN OUT OF ORDER
ORAL COMMUNICATIONS
Greg Sposito, 8 Grove Avenue, addressed the Board. He is a member of a group of
homeowners who are in favor of revaluation. He praised the Board for their efforts so far
and encouraged them to continue.
The Board thanked Mr. Sposito for his comments and encouraged him to continue
attending the various meetings being held regarding revaluation.
TAKEN OUT OF ORDER
AFFAIRS OF THE TOWN
4. Approval of Certiorari
Mr. Maker explained that because of the nature of this property, the Town engaged Laurence
A. Hirsh of Golf Property Analysts, a specialist in valuing unique properties such as golf
courses, to appraise this property.
On motion of Councilman Odierna, seconded by Councilman Fishman, it was
RESOLVED, that the Town Board does hereby approve the following
Settlement of Certiorari as recommended by the Town Attorney:
Winged Foot Holding Corp. and Winged Foot Golf Club, Inc.
851 Fenimore Road
Mamaroneck, NY 10543
Block: 344 Lot: 99
Block: 347 Lots: 1/1 and 1/2
Town of Mamaroneck
Block: 344 Lot: 99 (Scarsdale School District)
Year Current Assessment Reduced Assessment
2003 $7,400 $5,960
2004 $7,400 $5,960
2005 $7,400 $5,490
2006 $7,400 $4,990
2007 $7,400 $4,380
2008 $7,400 $4,380
Block: 347 Lot: 1/2 (Scarsdale School District)
Year Current Assessment Reduced Assessment
2003 $144,500 $117,280
2004 $144,500 $117,280
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December 3, 2008
2005 $144,500 $108,290
2006 $144,500 $ 98,775
2007 $144,500 $ 87,250
2008 $144,500 $ 87,250
Block: 347 Lot: 1/1 (Mamaroneck Union Free School District)
Year Current Assessment Reduced Assessment
2003 $833,100 $670,700
2004 $833,100 $670,700
2005 $833,100 $617,090
2006 $833,100 $560,325
2007 $833,100 $491,570
2008 $833,100 $491,570
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
1. Appointment- Board of Architectural Review
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following was
unanimously approved,
WHEREAS, Doris Erdman has resigned as Member E of the Board of
Architectural Review.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby appoint Diane Neff
as Member E of the Board of Architectural Review, and
BE IT FURTHER
RESOLVED, that the foregoing appointment shall be effective immediately
upon the appointee taking and subscribing the oath mandated by Section
25 of the New York Town Law, and shall expire on December 31, 2011.
2. Retainer Agreement— Labor Counsel
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the
agreement between the Town of Mamaroneck and Littler Mendelson, P.C., to
provide Employment Counsel to the Town, and
BE IT FURTHER
RESOLVED, that the billing rate for services effective January 1, 2009 will be
billed in quarter of an hour intervals as follows:
$300.00 per hour, Legal Counsel time
$250.00 per hour, Associate time
$130.00-$180.00 per hour, Paralegal time
and
BE IT, FURTHER
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December 3, 2008
RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town
Administrator to execute said agreement on behalf of the Town.
3. Architectural Services —Town Center
On motion of Councilwoman Wittner, seconded by Councilman Fishman, the following
was approved
WHEREAS, as part of the consolidation of the Section 8 and Community
Service Programs with the Village of Mamaroneck it will be necessary to
provide larger office space for that office, and
WHERAS, with the relocation of the Village Senior Center to the VFW, that
space will be redesigned for the consolidated Community Services Program.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board hereby approves entering into
an agreement with Gordon and Yestadt Architects of Larchmont, for design
services for the relocation of the Community Services Office at the Town
Center, at an hourly basis not to exceed $15,000, to be billed as follows:
Principal $175.00/hour
Associate $120.00/hour
Architect $ 95.00/hour
Draftsman $ 75.00/hour
and
BE IT, FURTHER
RESOLVED, that the Mamaroneck Town Board does hereby authorize the
Town Administrator to execute said agreement 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
4. Salary Authorizations
Town Court— Deferred
Recreation
On motion of Councilwoman Seligson, seconded by Councilman Odierna, the
RESOLVED, that as provided for in the 2008 Town Budget the Town
Board does hereby authorize the payment of salary to the following:
Skating School
Brad Cox Instructor $18.00/hour effective retroactive to 11/15/08
Youth Hockey House League
John Donaghy, III Assistant Instructor $7.50.hour effective retroactive 11/15/08
Bret Jackson Assistant Instructor $7.00.hour effective retroactive 11/15/08
Joseph Muratore Assistant Instructor $7.00.hour effective retroactive 11/15/08
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December 3, 2008
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 19, 2008
On motion of Councilman Fishman, seconded by Councilwoman Seligson, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby
approve the Board minutes from the meeting of, November 19,
2008.
ORAL COMMUNICATIONS
Abby Katz of Larchmont Gardens' Civic Association addressed the Board. She spoke of the
recent changes to the organic pick up and noted resident concerns. The tree lighting will take
place on Saturday December 13th from 4:30-5:30.
WRITTEN COMMUNICATIONS
None
SUPERVISOR'S REPORT
Supervisor O'Keeffe noted that she and her colleagues on the Westchester Joint Water Works'
Board, have been working toward a solution to the litigation with regards to the State imposed
Water Filtration Plant. She congratulated the Village Trustees Toni Ryan, John Hofstetter and
Tom Murphy as well as Judge Daniel Gallagher on their elections. She sends her thank you
and admiration to Judge Sirlin for all his years of service to the Village.
REPORT OF COUNCIL
Councilwoman Wittner noted the Special Meeting the Board held to discuss FCD Mamaroneck,
LLC. Coastal Zone Management Commission Meeting was tonight - she was unable attend.
The Town again participated in Wreathes Across America.
Councilwoman Seligson mentioned that she attended the Town Planning Board meeting, and
the Westchester Municipal Officials Association meeting in Port Chester. She also added that
the Town staff holiday party was very nice.
Councilman Fishman noted again the Housing Authorities intentions of paying the Town
$40,000 from their long term reserve account by March of 2009. He will attend the Traffic
Committee Meeting on December 16th
Councilman Odierna asked Mr. Altieri for an update on the intersection.
Mr. Altieri responded that the Town is currently lining up contractors and awaiting final
estimates from the consultant.
ADJOURNMENT
On motion of Supervisor O'Keeffe, seconded by Wittner the meeting was unanimously
adjourned in memory of John Redman, the husband of Doris Erdman. Supervisor O'Keeffe
spoke of the tragic loss of Caroline Lofgren, her husband Parker and children Owen and
Sophie. Caroline was the daughter of Mary Jane and Frederick Feuerbach of Larchmont. Her
family perished from Carbon Monoxide poisoning while vacationing in Colorado.
Submitted by
Christina Battalia, Town Clerk
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