Loading...
HomeMy WebLinkAbout2010_04_21 Town Board Minutes April 21, 2010 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON APRIL 21,2010, BEGINNING AT S:OOPM IN CONFERENCE ROOM A AND CONTINUING 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 Councilman Ernest C.Odierna Councilwoman Nancy Seligson Councilman David J. Fishman ABSENT: Councilwoman Phyllis Wittner 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 S:OOPM. Councilwoman Wittner was involved via conference call. Water rate Increase The Board reviewed documents prepared by Mr.Altieri,specifically the following three(3)schedules: Westchester Joint Water Works Draft 2010 Capital Improvements Projects Water District Operating Budget Funding Requirements for 2010 Operating Expenses New Debt Component—Capital Funding Requirements Westchester Joint Water Works 2010 Budget Scenarios—Town of Mamaroneck The Board discussed the recommendation that a rate increase of 18% be approved with all water usage after June 1,2010.At this evening's Town Board Meeting the Board will set a date for a public discussion and Power Point presentation to the public regarding the water rate increase. Larchmont Mamaroneck Sustainability Expo Councilwoman Seligson gave an update on the upcoming Expo,April 24. Councilwoman Seligson asked Mr.Altieri for items that were needed and for input regarding parking. September Town Board Meeting Schedule The Board did not take action to change the previously scheduled and approved Town Board Meeting of September 15,2010. Affordable Housing Settlement—Westchester County Mr.Altieri gave an update on the meeting the County had requested,with respect to the Byron Place Associates development on Myrtle and Madison Avenue. The County would like to approve a 60% medium income requirement instead of 80%to be used for the affordable housing requirement at this development. In doing so,this would allow the County too count these affordable housing units toward the 750 required affordable housing units stipulated by the recent legal settlement. The County would propose giving the developer money toward building the 10 proposed units. Control of the units would still be maintained thru the Town's Community Services Department. Mr.Altieri also noted that the Town was 1 April 21, 2010 asked to participate in a Housing Impediment Survey being conducted by a consultant hired by Westchester County as part of the Stipulation of Settlement. Mr.Altieri will give the Town Board the answers he gave for the survey. On motion of Supervisor O'Keeffe,seconded by Councilman Fishman,the Town Board unanimously agreed to enter into Executive Session to discuss Collective Bargaining. EXECUTIVE SESSION Collective Bargaining On motion of Councilman Odierna,seconded by Supervisor O'Keeffe,the Board unanimously agreed to exit the Executive Session. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:30 PM, she then pointed out the location of exits. PROCLAMATION—SILVER BANNER DAY PROCLAMATION-SILVER BANNER DAY WHEREAS: The Town of Mamaroneck has always honored the sacrifice of the men and women in the Armed Forces; and WHEREAS: The Silver Star Families of America was formed to make sure we remember the blood sacrifice of our wounded and will by designing and manufacturing a Silver Star Banner and Flag; and WHEREAS: To date the Silver Star Families of America has freely given thousands of Silver Star Banners to the wounded and their families; and WHEREAS: The members of The Silver Star Families of America have worked tirelessly to provide the wounded of the Town of Mamaroneck,State of New York,and the United States of America with Silver Star Banners, Flags,and Care Packages; and WHEREAS: The Silver Star Families of America's sole mission is that every time someone sees a Silver Star Banner in a window or a Silver Star Flag flying,that people remember the sacrifices for our Town,State,and Nation. NOW,THEREFORE, BE IT RESOLVED,that I,Valerie Moore O'Keeffe,Supervisor of the Town of Mamaroneck,and the Town Board members hereby honor the commitment of The Silver Star Families of America by declaring April 21"'SILVER STAR BANNER DAY"the permanent and official day to honor the wounded and ill soldiers of the Town of Mamaroneck. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 21st day of April 2010. PUBLIC HEARING —Bond Resolution—Town of Mamaroneck Ambulance District The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING TOWN OF MAMARONECK AMBULANCE DISTRICT 2 April 21, 2010 NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet at the Town Hall, 740 West Boston Post Road, Mamaroneck, New York,on April 21, 2010, at 8:15 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the Town of Mamaroneck Ambulance District, in said Town, being the purchase of a new ambulance and related equipment, including incidental expenses in connection therewith,at a maximum estimated cost of$120,000. Said capital project has been determined to be a "Type II Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act("SEQRA"). At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, April 12,2010. BY ORDER OF THE TOWN BOARD OF THE TOWN OF TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk On motion of Councilman Fishman,seconded by Councilman Odierna,the Public Hearing was unanimously opened. Mr.Altieri explained the need by the Mamaroneck Emergency Medical Service(MEMS)for a new ambulance. Due to the deteriorating condition of the current ambulance,and the lack of donations to fund this purchase,the Town of Mamaroneck will purchase the vehicle and lease it back under an agreement the Town approved at its April 7 Town Board Meeting. Supervisor O'Keeffe asked if anyone wished to comment on the proposed Bond Resolution. Councilwoman Seligson stated the Town Board has been reviewing and discussing this purchase for a number of weeks. On motion of Councilman Fishman,seconded by Councilwoman Seligson,the Public Hearing was unanimously closed. On motion of Councilman Odierna,seconded by Councilwoman Seligson,the following was approved: In the Matter of The Increase and Improvement of Facilities of Town of Mamaroneck Ambulance District in PUBLIC INTEREST ORDER the Town of Mamaroneck, Westchester County,New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, Newyork, being the purchase of a new ambulance and related equipment, including incidental expenses in connection therewith,at a maximum estimated cost of$120,000 and WHEREAS, at a meeting of said Town Board duly called and held on April 7, 2010, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Town of Mamaroneck Ambulance District in said Town at a maximum estimated cost of $120,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on April 21,2010,at 8:15 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard;NOW,THEREFORE,BE IT 3 April 21, 2010 ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new ambulance and related equipment, including incidental expenses in connection therewith,at a maximum estimated cost of$120,000. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilman Fishman VOTING Aye Councilwoman Seligson VOTING Aye Councilman Odierna VOTING Aye Councilwoman Wittner VOTING Absent Supervisor O'Keeffe VOTING Aye The Order was thereupon declared duly adopted. On motion of Councilman Odierna,seconded by,Councilwoman Seligson,the following was approved: BOND RESOLUTION DATED APRIL 21,2010. A RESOLUTION AUTHORIZING THE ISSUANCE OF $120,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK AMBULANCE DISTRICT, IN THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Town of Mamaroneck Ambulance District, in the Town of Mamaroneck,Westchester County, New York,at a maximum estimated cost of$120,000; and WHEREAS,the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant effect on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York,as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new ambulance and related equipment, including incidental expenses in connection therewith,there are hereby authorized to be issued $120,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is$120,000 and that the plan for the financing thereof is by the issuance of the$120,000 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years pursuant to subdivision 27-a of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Town of Mamaroneck Ambulance District as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor,the chief fiscal officer. Such notes shall be of such terms,form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. 4 April 21, 2010 Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however,that in the exercise of these delegated powers,the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action,suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call,which resulted as follows: Councilman Fishman VOTING Aye Councilwoman Seligson VOTING Aye Councilman Odierna VOTING Aye Councilwoman Wittner VOTING Absent Supervisor O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Odierna, 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: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: David J. Fishman Absent was the following member of the Commission: Commissioner: Phyllis Wittner 5 April 21, 2010 1. FIRE CLAIMS Commissioner Odierna presented fire claims for authorization of payment,thereafter on Commissioner Odierna's motion,seconded by Commissioner O'Keeffe,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: Bound Tree Medical Medical Supplies $819.87 Bound Tree Medical Hand Sanitizer 70.56 Cablevision Service 3/23-4/22/10 116.18 Carrot Top Flags 151.22 Clarity Testing Background Screens 150.00 Fire End &Croker Bunker Boots-Russo 175.00 Hi-Tech Suspenders 32.29 Staples Battery for Server 179.99 Town of Mamaroneck F.D. Reimb. For Food for March 2010 Drill(3/16) 263.08 Town of Mamaroneck F.D. Reimb. For Food for March Storm(3/13) 146.35 Villa Maria Food for Colation for Storm Standby 3/30/10 40.64 Villa Maria Food for Colation for March 25 Drill 67.60 Total: $2,212.78 The above resolution was put to a roll call vote: Commissioner Fishman Aye Commissioner Seligson Aye Commissioner Odierna Aye Commissioner Wittner ABSENT Commissioner O'Keeffe Aye There being no further business to come before the Commission,on motion of Commissioner Seligson, seconded by Commissioner Odierna,the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization—Westchester County Contracts—Community Services On motion of Supervisor O'Keeffe,seconded by Councilwoman Seligson,the following was approved: WHEREAS,currently the Town of Mamaroneck Community Services Department operates under three separate funding contracts with Westchester County; all of which are due for renewal. NOW THEREFOR, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve contracts with Westchester County for the Senior Nutrition Program—III-C-1, Meals on Wheels—III-C-2, and Senior Transportation Services—III-B,for the period January 1,2010 thru December 31,2010,and BE IT, FURTHER RESOLVED,that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said contracts on behalf of the Town. 6 April 21, 2010 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner ABSENT O'Keeffe Aye 2. Set Date for Public Discussion—Proposed Water Rate Increase Mr.Altieri explained that the Westchester Joint Water Works(WJWW),is requesting that the participating municipalities consider a water rate increase in 2010 to meet various capital and operating needs of the agency. The Town would like to hold a formal public discussion on this matter on May 5,2010. On motion of Councilman Odierna,seconded by Councilwoman Seligson,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby set the date for a public discussion of the proposed water rate increase for May 5,2010 at 8:15PM in the Court Room of the Town Center,740 West Boston Post Road, Mamaroneck. 3. Report of Bids—TA-10-03 Installation &Restoration of Sidewalks,Aprons,Concrete&Granite Stone Curbs The report of bids is entered into the record as: Attachment A On motion of Supervisor O'Keeffe,seconded by Councilwoman Seligson,the following was approved: WHEREAS,on April 1,2010 the Town publicly opened and read (12)twelve bids for Contract #TA-10-03 Installation and Restoration of Granite Curbs. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby award Contract TA-10-03 the lowest responsible contractor,Acocella Contracting of Scarsdale, New York,in the amount of$115,900. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner ABSENT O'Keeffe Aye Supervisor O'Keeffe asked Mr. Maker for an update on the redo of sidewalks along Brookside Drive. Mr.Altieri noted that the contractor had reached out to the Town with a proposal to redo the sidewalks. The Town has responded by giving them one additional week to begin,if not litigation will begin against the contractor and their performance bond company. 4. Report of Bids—TA-10-05 Purchase&Delivery of(1) one Type III Ambulance The report of bids is entered into the record as 7 April 21, 2010 Attachment B On motion of Councilman Fishman,seconded by Councilwoman Seligson,the following was approved: WHEREAS,on April 14, 2010 the Town publicly opened and read (2) bids for Contract TA-10-05 Furnish and Deliver Type III Ambulance,and WHEREAS,the lowest bidder All Area Fire and Rescue Apparatus, has a number of deficiencies in its bid and did not comply with the bid specifications. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby award Contract#TA-10-05 to North Eastern Rescue Vehicles at a total price of$99,943.61, and BE IT, FURTHER RESOLVED,that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said Contract on behalf of the Town. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner ABSENT O'Keeffe Aye 5. Authorization—Amend List of Bank Depositories On motion of Supervisor O'Keeffe,seconded by Councilwoman Seligson,it was RESOLVED,that the Mamaroneck Town Board does hereby amend the Town's list of approved depositories to include Webster Bank. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner ABSENT O'Keeffe Aye 6. Approval of Certiorari RESOLVED,that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Robert C. Pastore 2047 Boston Post Road Larchmont, NY 10538 Block: 706 Lot: 516 Town of Mamaroneck/Village of Larchmont 8 April 21, 2010 Year Assessment Reduced Assessment 1998 $47,700 $32,920 2000 $47,700 $31,210 2001 $47,700 $27,900 2003 $35,000 $23,540 2004 $35,000 $25,680 2005 $35,000 $24,130 2006 $35,000 $22,380 2007 $35,000 $20,250 2008 $35,000 $20,650 2009 $35,000 $20,270 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner ABSENT O'Keeffe Aye On motion of Councilman Odierna,seconded by Supervisor O'Keeffe,it was RESOLVED,that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Larchmont Palmer Owners, Inc. 1299 Palmer Avenue Larchmont, NY 10538 Block: 401 Lot: 1 Town of Mamaroneck Year Assessment Reduced Assessment 2000 $271,000 $271,000 2001 $271,000 $271,000 2002 $271,000 $271,000 2003 $271,000 $257,450 2004 $271,000 $257,450 2005 $271,000 $243,900 2006 $271,000 $238,480 2007 $271,000 $222,220 2008 $271,000 $216,800 2009 $271,000 $216,800 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner ABSENT O'Keeffe Aye ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS Supervisor O'Keeffe read correspondence from the Fire Chief regarding the upcoming First Annual Hockey Game between the Town of Mamaroneck Fire Department and the Village of Mamaroneck Fire Department. This event will be a fundraiser for the Rasor Family Trust. 9 April 21, 2010 SUPERVISOR'S REPORT Supervisor O'Keeffe noted that she and Mr.Altieri recently met with Westchester County regarding affordable housing in the Town of Mamaroneck. It appears the Town of Mamaroneck was one of the first communities contacted regarding an analysis of housing impediments in Westchester County. Supervisor O'Keeffe noted that the Town was waiting to hear formally from the Trust for Public Land with respect to Hampshire Country Club,as well as from the club themselves; once that happens the Town will have a more elaborate comment. With respect to the recent report from the Shared Services Committee the Summit in conjunction with the League of Women Voters held a meeting in which the Consolidation/Shared Services Committee Report was discussed. The Town will soon be meeting with the other municipalities to begin the work of evaluating the recommendations. REPORT OF COUNCIL Councilman Fishman stated that the Consolidation/Shared Services Committee Report was progressing nicely,adding he was happy with how the Town was digesting the report. The Town is eager to work with the Village of Larchmont Trustees to advance and help the momentum of various projects. Councilwoman Seligson attended Earth Day for Westchester County at Kensico Dam,adding the Town awarded a Certificate of Achievement for being one of the top 5 municipalities in recycling. Councilwoman Seligson reminded residents of the upcoming Larchmont Mamaroneck Sustainability Expo,April 24 at the Hommocks Middle School. It is open to all residents looking to improve the environment in their homes, society and community. Sign up by visiting www.larchmontmamkexpo.org Councilman Odierna announced that the Town Board met last Wednesday in a Special Meeting to discuss and approve the new parking fees.Councilman Odierna attended the Recreation Committee Meeting on April 13. Councilman Odierna read the line up for the Concert Series. Councilman Odierna attended the Board of Architectural Review Meeting on April 15. Councilman Odierna announced that LMC-TV's 201h Annual Awards Night will be May 17, at the Emelin Theatre,7:30PM. The event will honor Assemblyman George Latimer. The Mamaroneck Chamber of Commerce will be hosting the Wine Trail,Sunday April 25. The League of Women Voters will have their annual Luncheon on April 30th. Assemblyman George will be recognized at that event as well. Supervisor O'Keeffe announced that at the upcoming Search for Change Event,Suzi Oppenheimer will be honored. The Town Clerk announced that the credit card function of the meter machines at the train station were up and running. ADJOURNMENT On motion of Councilwoman Wittner,seconded by Councilman Fishman the meeting was unanimously adjourned at 9:45PM. Submitted by Christina Battalia,Town Clerk 10