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HomeMy WebLinkAbout2009_10_20 Town Board Minutes October 20, 2009 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON OCTOBER 20,2009, BEGINNING AT 3:00 PM IN CONFERENCE ROOM A AND CONTINUING AT 5:00 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 Call to Order On motion of Councilwoman Wittner,seconded by Councilwoman Seligson the Work Session was unanimously opened at 3:10PM. WORK SESSION Update Flood Control Projects The Board met with Dolph Rotfeld of Dolph Rotfeld Engineering,to discuss the Town's flood control projects at Bonnie Way and Cabot Road. The project for Bonnie Way involves the placement of a drainage pipe running from the culvert under Weaver Street thru the property on 584 Weaver Street and emptying approximately 80 feet downstream. This was a modification from the original proposal to run the pipe along the existing culvert,which was not approved by New York State. An easement would have to be granted by the homeowner,as well as a permit by New York State to cross under Weaver Street. Mr.Altieri will make the initial contact with the homeowner at 584 Weaver Street. As part of this discussion Louis Martirano,the Town Highway Superintendant asked the Board to also review a proposal by Bonnie Briar to accept the Town's overflow water when the reservoir is drained prior to a heavy rain event.This is part of Bonnie Briar's new irrigation system in which efforts are being made to mitigate their water usage through the recycling of water runoff. The Board then discussed the proposal to create a flume at the turn where Laurel Avenue and Thompson Street connect.There currently exists a 'box'into which the water flows but is ultimately stalled due to the corner angle of the existing'box'. Creating an 'S' like flume inside the 'box'would create a better water flow and decrease backup. Dolf Rotfeld Engineers will be surveying for the project; noting that the Metropolitan Transportation Authority possibly owns the 'box'. Easement Agreement—29 Marbourne Drive The Board discussed a proposed easement agreement that would potentially resolve an ongoing matter between the residents of 29 Marbourne Drive and the Town of Mamaroneck. The residents at 29 Marbourne Drive constructed a patio within a pre-existing easement.The easement was for Town sewer and storm water drainage lines. Due to the easement violation a summons was issued. The Town has been working with the homeowner to allow the patio to stay by relocating the sewage and storm water pipes at the homeowner's expense. 1 October 20, 2009 A discussion ensued regarding the legality of charging back a resident for the Town's attorney fees when a violation of a Town easement occurs and attorney time is involved. The Board would like to review this concept further and asked Mr. Maker and Mr.Altieri to calculate Mr. Maker's fee, based upon his work time on this matter. Written Communications—Robert Herbst The Board read communication from Mr. Herbst discussing a program called FitZees; a childhood obesity prevention program based in Rhode Island looking to expand to Westchester County.The Board felt a better venue for this would be through the school system,as well as the County level. Councilwoman Seligson will mention it to the County Board of Health,as she sits on their Board. Revaluation The Board discussed their commitment to review the RFP process during the month of November. Mr. Altieri will get copies of the RFP's used by other local municipalities for that discussion. Televising Work Sessions Councilman Odierna asked the Board to discuss televising the upcoming all day Budget Work Session. The Board agreed after discussion that this would be a good venue and an appropriate time to televise. Graffiti on the Weaver Street Bridge The Town has recently been informed that the fencing along the bridge which is now riddled with graffiti is owned by the MTA but maintained by the Department of Transportation. Mr.Altieri is pursuing all avenues to resolve this unsightly condition. On motion of Councilwoman Seligson,seconded by Councilman Fishman,the Board unanimously agreed to enter into Executive Session to discuss employment history of a particular person,and the potential purchase of Property. EXECUTIVE SESSION Employment History of a Particular person Potential Purchase of Property On motion of Councilman Odierna,seconded by Councilman Fishman,the Board unanimously agreed to re-enter the Work Session. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 5:20PM she then pointed out the location of exits. Supervisor O'Keeffe gave a brief synopsis of the discussion that took place during the open Work Session that began at 3:OOPM. She noted the Board's decision to televise the all day Budget Work Session on October 30`" BOARD OF FIRE COMMISSIONERS 2 October 20, 2009 The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Witmer, 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 Odierna's motion,seconded by Commissioner Wittner,it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: 911 Wear Service Award Badges(30) $ 705.00 911 Wear T-Shirts $ 586.00 911 Wear Uniform Shirts $ 360.00 911 Wear Career Uniforms $ 258.00 AAA Emergency Supply Co. Hose Couplings $ 490.00 AAA Emergency Supply Co. Survivor Lights $ 325.00 AAA Emergency Supply Co. Keyless Garage Tool $ 79.80 Brewer Hardware Paint Supplies, Bulbs,-Credit $ 91.24 Brewer Hardware Supplies $ 6.60 Cleaning Systems Towels $ 122.00 Con Edison Adjusted August'09 Bill $ 252.64 Con Edison Adjusted Sept. '09 Bill $ 210.80 Con Edison Adjusted July'09 Bill $ 191.71 Emergency Medical Products Epi Pens $ 299.80 Excelsior Garage&Machine Cylinder for E37 $ 143.00 Larchmont Village Cleaners Uniform Cleaning $ 11.00 NOCO Energy Corp. Oil $ 100.00 Pitt Stop Auto Parts Vehicle Supplies $ 49.80 Proftech Office Supplies $ 194.82 United Water Service 7/09-10/09 $ 328.39 Vail Buick-Pontiac GMC Handle for Tahoe $ 33.09 Verizon Wireless Service 8/27-9/26/09 $ 296.75 Villa Maria Pizza Food for Colation Training $ 33.34 Westech Elevator Oct.2009 Maintenance $ 175.00 Winzer Corp. Supplies $ 50.00 W.J.W.W. Water Service 6/09-9/09 $ 113.28 3 October 20, 2009 Telephone Service 9/10- Verizon 10/9/09 $ 264.60 Food for Driver Training- Villa Maria Pizza 9/6/09 $ 66.32 Total: $ 5,837.98 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 The Commission noted the wonderful Weaver Street Fire House Open House. It was well attended as always. The Board thanked the Department for a great job. There being no further business to come before the Commission,on motion of Commissioner Odierna, seconded by Commissioner Fishman,the Commission unanimously adjourned and the Town Board reconvened. TAKEN OUT OF ORDER ORAL COMMUNICATIONS Ruth Campanelli, representing Larchmont Gardens'Civic Association,addressed the Board. She announced that the annual Halloween Parade will take place on October 24`" beginning at 3:45PM. She then asked if the installation of the swales was complete,as the loose rocks forming the swales seemed unfinished. She asked for comment on the recent rash of car break-ins,and finally,she asked for an update on the status of the sidewalk repairs and the Gardens' Lake Project. Mr.Altieri noted the swales will remain with loose stones,the Town will watch for any movement.As for the sidewalks along Brookside,the Town is working with the Performance Bond Company, but could end up in litigation if this approach does not prevail. The Police will be meeting next week with residents of the area to discuss the break-ins. As for the Garden's AFFAIRS OF THE TOWN 1. Submission of the 2010 Tentative Budget Mr.Altieri gave an overview of the Budget Calendar. He noted this budget is very disciplined on the expense side with a very problematic revenue side in which the Town has less control. Mr.Altieri proceeded to summarize from his Budget Officer's Budget Letter as follows: Budget Overview The chart below provides a comparative schedule of the total appropriations and revenues for the 2009 Adopted Budget and 2010 Tentative Budget. 2009 2010 Change Appropriations $30,008,725 $30,044,117 $35,392 Non-Tax 8,895,240 8,648,515 (246,725) Revenue 4 October 20, 2009 Reserve 2,047,330 1,849,400 (197,930) Application Property Tax $19,066,155 $19,546,202 $480,047 Levy Overall Taxable $154,683,740 $152,721,695 ($1,962,045) Assessments Last year the increase in appropriations moving from 2008 to 2009 was just over$lmillion. The tax levy also increased by just over$lmillion. Moving into 2010 however the appropriations have for all practical purposes remained flat. The tax levy increase for 2010 is less than half of the increase in 2009 and as you can see from the chart is driven almost entirely by the reductions in non-tax revenues, reserve application and assessment reduction. You can see that even if revenues and assessments remained unchanged the tax levy for 2010 could very well have remained level or reduced. Later on we will discuss in greater detail the main components of the appropriations and revenues. The following represents the expected property tax impact upon residents of the Villages of Larchmont and Mamaroneck and those living in the unincorporated Town of Mamaroneck. To again clarify, residents living in the two villages do receive select municipal services from the Town including ambulance service, certain property assessment services, recreation services and most recently the services of the newly consolidated Senior and Community Services Department and Section 8 Housing Voucher Program. The decisions relating to the Town assuming responsibility for Ambulance Service, Senior and Housing Services are the result of successful consolidation efforts that ultimately led to reductions in budgetary expenses for the two villages. The consolidation of services and the resulting apportionment of expenses over a larger tax base resulted in more efficiency in operations and greater value to the residents. Residents living in the unincorporated Town receive all of the services mentioned above as well as other essential services including those of the Fire Department, Police Department, Highway Department,Sanitation Services, and Building Department Services. The schedule below compares the changes in the tax rates between 2009 and 2010 as well as the estimated tax for a property with an average assessment of$20,000. Impact Upon Unincorporated Area Properties 2009 2010 Change Property Tax Rate $257.55 $265.15 $7.65 Town Property Taxes $5,151.00 $5,303.00 $152.00 Impact Upon Properties in the Villages of Mamaroneck and Larchmont 2009 2010 Change Property Tax Rate' $14.25 $17.60 $3.35 Town Property Taxes $285.00 $352.00 $67.00 Expense Overview Before moving into a discussion of expenses and revenues for each of the nine operating funds in the budget we wish to comment generally on expenses in this budget. As you review the budget you will find that the departments have been mindful of the need to hold the line on expenses. Many of the department budgets have come in at or below 2009 expense levels. Several categories of expenditures that impact virtually all of the budget funds are worth further comment here. First, and new for this year is the Metropolitan Transit Authority(MTA)employer payroll tax imposed by the New York State Legislature. This new tax which is intended to assist the MTA with their expenditures has been imposed on all public and private employers in those counties in New York that receive MTA services. School Districts however have a different arrangement regarding this tax whereby they will be charged the tax but are suppose to receive the amount of the tax back in the form of state aid. For the Town of Mamaroneck this tax will amount to$50,000 in new expenses. Second is the issue of the New York State Retirement System. With minor exception all public agencies in New York State must offer the benefits of the New York State Retirement System to its employees. Contributions to the system by public agencies are determined by the Retirement System. At one time municipal employees hired after 1977 were required to contribute into the system however that contribution was lifted by the New York State legislature. Now new employees must contribute for 1 Tax rate reflects the consolidated tax rates for the Ambulance District and Town wide General Fund both paid by all resident of the Town of Mamaroneck 5 October 20, 2009 only the first ten years of employment. The failure of the state to maintain a career long retirement contribution by employees has created an added burden to the local governments that must now bear the full cost of the pension system contributions. What this means for the Town is that going into 2010 we have been advised that our contributions to the retirement system will increase by$249,000 meaning our total appropriation for this expense will be$1,560,000. Two other expenses impacting virtually all of the funds are medical insurance and debt service. For 2010 the Town's total medical insurance costs will increase by$135,000 to$3.1 million. This is actually one of the lower increases in the past several years. All of the Town's collective bargaining agreements do include a requirement for some form of employee contribution ranging from 10%to 20%. This year the Town's total debt service obligation will decrease by$242,137 to$1,658,936. Debt service reductions were realized in the Town wide Fund, Fire District,Sewer District and Water Fund. Debt increases occurred in the Part Town Fund, Highway Fund and Garbage District. Lastly is the category of salary expense. In 2010 the total salary expense is estimated at$12,973,297 an increase of$317,232 over 2009. For 2010, the Town is at this time contractually committed to a 4.1%salary increase for the Town's police officers. This was a four year contract negotiated back in 2006. Appropriations for the police salary adjustment, account for over one third of the overall increase in 2010 salary appropriations. This year the Town entered into a new contract with its firefighters covering the years 2009, 2010 and 2011. The salary increase for the firefighters in 2009 was 2.5%. In 2010 the firefighters will receive another 2.5%increase followed by a 2.75%increase in 2011. The contract carries no other increases in compensation or benefits. The collective bargaining agreement with the Office and Highway Department employees expires in December 3151 of 2009. Employees in this bargaining unit are however receive in scale salary adjustments which must be accounted for in this budget. The following is a rundown of the 2010 Tentative Budget by individual fund Town-Wide General Fund 2009 2010 Change Appropriations $8,658,700 $9,266,972 $607,672 Revenues $5,412,340 $5,470,315 $57,975 Reserve $1,365,000 $1,365,000 -0- Application Tax Levy $1,881,360 $2,431,657 $550,297 The Town-wide General Fund includes all of the revenues and appropriations for services and programs provided to the entire Town including the two villages. For the coming year there have been some changes in the fund to reflect the additional services provided by the Town government to the entire Town. 2. Review of Budget Work Session Calendar On motion of Councilman Fishman,seconded by Councilwoman Seligson,it was unanimously RESOLVED,to change the October 28,2009 Budget Work Session from 4:OOPM to 6:OOPM. 6 October 20, 2009 3. Authorization—Data Sharing Agreement—Westchester County On motion of Councilwoman Wittner,seconded by Councilman Fishman,the following was unanimously approved: WHEREAS,the Town of Mamaroneck and the County of Westchester have been operating under a data sharing agreement that will expire on October 31,2009, and WHEREAS,continuing this agreement gives the Town of Mamaroneck the ability to improve the accuracy and detail of our GIS data base,which offers advantages for property assessment,infrastructure maintenance and public safety,and WHEREAS,the term of the new agreement is November 2009 through October 2014. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said agreement on behalf of the Town. 4. Authorization—License Agreement—Mamaroneck Youth Hockey Association On motion of Councilman Fishman,seconded by Councilwoman Wittner,the following was approved: WHEREAS,the Town of Mamaroneck agrees to enter into an agreement with the Mamaroneck Youth Hockey Association (MYHA)to conduct ice skate sharpening at the Hommocks Ice Rink, and WHEREAS, MYHA will be responsible for providing at their expense all the equipment, material and labor to conduct skate sharpening and will obtain all of the necessary permits for operating the skate sharpening facility for a term to expire May 2011,and WHEREAS,this resolution is subject to a permissive referendum,to be published in the official newspaper of the Town of Mamaroneck. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. Approval of Certioraris On motion of Supervisor O'Keeffe,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: Thomas C. LaGuidice 960 Mamaroneck Avenue Mamaroneck, NY 10543 Block:816 Lot: 1 7 October 20, 2009 Town of Mamaroneck/Village of Mamaroneck YearAssessment Reduced Assessment 2008$24,000 $17,800 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was RESOLVED,that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Michael and Maria Lungariello Michael and Maria Lungariello 510 Center Avenue 422 Fayette Avenue Mamaroneck, NY 10543 Mamaroneck, NY 10543 Block:825 Lot:413 Block:830 Lot: 142 Town of Mamaroneck/Village of Mamaroneck Block: 825 Lot:413 Year Assessment Reduced Assessment 2008 $9,000 $4,000 Block: 830 Lot: 142 Year Assessment Reduced Assessment 2008 $5,500 $4,000 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilwoman Seligson,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: Michael and Maria Lungariello 425 Center Avenue Mamaroneck, NY 10543 Block:830 Lot: 63 8 October 20, 2009 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2008 $15,000 $10,500 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 6. Salary Authorizations On motion of Supervisor O'Keeffe,seconded by Councilman Odierna,it was RESOLVED,that the Mamaroneck Town Board does herby approve the appointment of Raquel Arce as a full time Administrative Intern assigned to the Town Clerk's Office to assist in the implementation of the Electronic Document Management System(EDMS),as well as Archives and Records Management and with the Assessor's Office for assistance with the Village of Larchmont Assessment roll, effective September 29, 2009 thru September 28, 2010 at an annual salary of$32,152.00,and BE IT, FURTHER RESOLVED,that with benefits Ms.Arce's employment package totals$42,767.00 with the Village of Larchmont reimbursing the Town for 3/5 or$25,662.00 of this cost and the remaining cost to be budgeted through the Town Clerk's Office in the amount of$17,105.00, and BE IT, FURTHER RESOLVED,that said appointment to the Assessor's Office is subject to final agreement with the Village of Larchmont. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilwoman Seligson,seconded by Councilman Odierna,it was RESOLVED,that as provided for in the 2009 Town Budget the Town Board does hereby authorize the payment of salary to the following: Hommocks Pool effective retroactive to October 5,2009 Taylor DelVillar Early Morning Swim $25.00 per session John Spader Swim Instructor $12.00 per hour 9 October 20, 2009 Tiny Tot Time effective retroactive to October 8,2009 Kathleen Reale Instructor $45.00 per session Youth Hockey effective November 7 Joseph Carducci Assistant Instructor $8.00 per hour The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES - October 7, 2009 On motion of Councilman Odierna,seconded by Councilwoman Seligson,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve the Board minutes from the meeting of,October 7,2009 with the addition of the salary increases for Non-Union and Management personnel listed by salary amount and job title. ORAL COMMUNICATIONS Previously in Minutes WRITTEN COMMUNICATIONS None SUPERVISOR'S REPORT Supervisor O'Keeffe attended the Summit meeting at which representatives from the County,as well as the Washingtonville Housing Alliance were in attendance to discuss the recent legal settlement regarding affordable housing in the County. The Summit also discussed their involvement with the planning of the Martin Luther King,Jr Celebration,scheduled for January 2010. She announced the candidates'forum being held this evening at the Village of Mamaroneck's Court Room. She then commended Councilwoman Seligson for her presentation at the Senior Citizen's Candidate Forum,adding the seniors were transfixed with her information on water. REPORT OF TOWN CLERK The Town Clerk reported that the Clerk's Office is very,very busy, adding the Clerk will be giving the Town Council a tour of the Town's archive and records room which has had a transformation over the last two years. REPORT OF COUNCIL Councilwoman Wittner noted the upcoming Long Island Sound Watershed Intermunicipal Council forum being held this coming Friday. Ralph Butler and Tom Lauro,Commissioners of Public Works and Environmental Facilities,will be presenting.They will discuss biological nutrient removal mandated at two,and ultimately at four,sewage treatment plants. They will also discuss many of the projects taking place for Long Island Sound. 10 October 20, 2009 Councilman Fishman reported that the Consolidation/Shared Services Committee continues its work, adding a final report is expected this January. A Traffic Committee Meeting is set for October 27`",and Housing Authority will meet at the end of the month. Councilwoman Seligson reported on the second annual Paine to Pain run along the Colonial Greenway Trail. The Sound Shore Runners'Club ran the event. There were 192 runners, last year there were 50. She noted that trail races are not that common,and therefore drew from many areas. Councilwoman Seligson attended the Planning Council on October 14`".Councilwoman Seligson,as well as Councilwoman Wittner,Supervisor O'Keeffe,Councilman Odierna,Steve Altieri,attended the Westchester Municipal Officials Meeting on October 9`",at which Cheryl Lewy spoke. Councilman Odierna spoke about the webinar he participated in today regarding technology and government,specifically the ability for officials throughout a County to partake in a visual conference. Councilman Odierna is delighted that the Budget Session will be televised. He did add that he would like to see more agenda items being offered electronically. ADJOURNMENT On motion of Councilwoman Wittner,seconded by Councilman Fishman the meeting was unanimously adjourned at 7:00 PM. Submitted by Christina Battalia,Town Clerk 11