HomeMy WebLinkAbout2011_10_19 Town Board Minutes October 19,2011
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON OCTOBER 19, 2011, BEGINNING AT S:OOPM IN
CONFERENCE ROOM A AND CONTINUING AT 8:00 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-WORK SESSION
On motion of Councilwoman Wittner,seconded by Supervisor O'Keeffe,the Work Session was
unanimously opened at 5:15PM.
Lightpath
Additionally present:Tony Siligato,Town Comptroller
The Board discussed the recommendation by the Town Comptroller for the Town to convert to the
Lightpath voice and data system available through Cablevision. The Board reviewed a memo previously
distributed at the October 5 Work Session,outlining the proposal and cost analysis. Mr.Siligato re-
emphasized that the service provided by Verizon has resulted in numerous occasions where the Fire House
has been without service. Mr. Siligato emphasized that Cablevision's Lightpath fiber optic service will
provide greater efficiency, reliability and cost savings. The savings to the Town should it covert to fiber
optics,without changing its phone hardware,is estimated to be$50,000.This item will be added to this
evening's agenda under Affairs of the Town.
2012 Budget
It was noted that the Town Board and the Town Clerk received the Tentative Budget for 2012.The Town
Board again reviewed the Property Tax Cap Formulation for Determining Tax Levy Limit as previously
prepared and distributed by Mr.Altieri. Mr.Altieri noted that the Tentative Budget has a number of line
item cuts,2-3 part time positions eliminated and reduced hours for certain recreation activities.
Additionally,at the first budget worksession the Town Board will review School Crossing Guards. The
Board briefly discussed a sewer discharge on water bills as a way to capture tax exempt properties. The
Board will ask the Westchester Joint Water Works for an analysis of revenue loss due to proposed plans by
Bonnie Briar.
Property Revaluation Project
Additionally Present: Cindy Baire and Dave Barnett,of GAR Associates and Tom Frey,the Project
Administrator
Ms. Baire noted that her attorney will be contacting Mr. Maker to finalize the questions regarding the
contract.The Board reviewed a number of draft letters prepared by GAR Associates,for distribution and
mailing to Town residents. The Town Board asked Gar Associates to move up the first mailing date so as
not to coincide with the numerous political mailings Town residents' receive. The Board will review the
final wording of the mailing at its Budget Session on October 26`". Regarding the upcoming workshops,GAR
Associates emphasized that the ideal number of participants is 50-75, noting that additional workshops will
be added as needed.The Board revisited the policy with respect to data collectors finding violations. The
Board understands that the data collectors'are not building inspectors and the Town's policy for amnesty
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October 19,2011
needs to be addressed at all workshops. The Board would like to videotape and televise a workshop for
airing on LMC-TV.
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,the Board unanimously agreed
to enter into an Executive Session to discuss an easement with Colonial Avenue and Homer Avenue and to
receive advice of Counsel.
EXECUTIVE SESSION
Easement-Colonial Avenue and Homer Avenue
Advice of Counsel
On motion of Councilman Odierna,seconded by Councilwoman Seligson,the Board unanimously agreed to
reenter Work Session.
Westchester County Development&Planning Standards
The Town Board reviewed correspondence from Westchester County regarding the required amendments
to the Town's land use regulations as a condition for receiving the Grant for the Gardens' Lake Project. Mr.
Maker was pleased with the small number of changes to an 18 page legislative rewrite that he and Liz Paul
worked on for several months. Mr. Maker stated that he and Ms. Paul will work with the Westchester
County Development&Planning Engineer Anthony Oliveri on the proper terminology necessary for the
requested changes.
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:20 PM, she then pointed out the location of exits.
Supervisor O'Keeffe noted the agenda items discussed during Work Session, reiterating to the audience
that the Work Session is open to the public.
PRESENTATION—Friends of INT America in Westchester
Friedhilde Milburn and Thomas Saunders addressed the Board. Ms. Milburn and Mr.Saunders described
the Independent Transportation Network(ITN)as something that developed from the aging at home
movement about 15 years ago. ITN is now active in 22 communities throughout New York State. It
provides dignified transportation alternatives for the aged and handicapped individuals. The program has
demonstrated it can be self-sustaining after five years with a minimal membership fee. Mr.Saunders
emphasized that the two key issues facing seniors are transportation and isolation,adding one obviously
feeds the other.
Supervisor O'Keeffe asked the presenters what they would like the Town to do. Ms. Milburn responded
that they would like a letter of recommendation in support of the program that could be used in grant and
funding applications. Additionally,they would like the Town Board to appoint a liaison to their 15 member
Advisory Board.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe,and then 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:
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October 19,2011
Commissioner: Valerie M. O'Keeffe
Commissioner: Phyllis Witmer
Commissioner: Ernest C. Odierna
Commissioner: Nancy Seligson
Commissioner: David J. Fishman
1. FIRE CLAIMS
Commissioner Fishman presented fire claims for authorization of payment,thereafter on
Commissioner Fishman's motion,seconded by Commissioner Seligson,it was
RESOLVED that this Commission hereby authorizes payment of the following
Fire Department claims as approved by the Fire Chief and audited by the
Comptroller's Office:
911 Wear Uniforms $1,117.93
911 Wear Badge Service Award Pins 440.00
AAA Emergency Supply Co. Gas Cylinder,Turn-out Gear, FE Inspect, Battery 308.25
AAA Emergency Supply Co. Retest&Recharge Scott Pack 48.00
AAA Emergency Supply Co. Fire Extinguisher Inspection 32.00
Amazon.com China and Expo Markers 59.71
Cablevision Cable Service 9/23-10/22/11 117.89
Con Edison Gas Service 8/29-9/28/11 225.22
ESS Inc. Radio Repair,Wire Aux Conn, Radio Reprog. 860.40
ESS Inc. Radio Reprogramming 150.00
Foley Hardware Weed Killer 9.34
G&K Services Inc. Building Cleaning Supplies 96.73
IKON Copier Rental 9/22-10/21/11 204.35
Jan-Mar Trophy 2 Plaques 170.00
New England Sportswear Perfection BDU Trouser 60.00
New England Sportswear L/S Perfection Matrix 48.00
Poland Springs Drinking Water 45.98
Proftech LLC Xerox Paper 57.98
R&L Consulting Accountability Tags 148.80
Sound Shore Contracting Inc. Gas Line Installation 264.00
Sound Shore Pest Control Exterminating Services 9/28/11 65.00
Town of Mamaroneck P.F.F.A. Reimbursement for Box Spring 150.00
Verizon Wireless Cell Phone Service 8/27-9/26/11 175.24
Villa Maria Pizza Food for Explorer Drill 45.04
Westech Elevator October Maintenance 175.00
W.J.W.W. Water Service 6/2-9/2/11 90.87
Total: $5,165.73
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
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October 19,2011
2. Other Fire Department Business
Commissioner Wittner noted the recent Open House at the Fire House as well as the 'wet-down'of Engine
37 and Rescue 6.
There being no further business to come before the Commission,on motion of Commissioner
Wittner,seconded by Commissioner Seligson,the Commission unanimously adjourned and the Town Board
reconvened.
AFFAIRS OF THE TOWN
1. Submission of 2012 Tentative Budget
Mr.Altieri noted that the Tentative Budget has been received by the Town Board and the Town Clerk. Mr.
Altieri noted that this is the first step in the budget process,with the first budget worksession beginning at
8:30 AM on October 26`"at the Weaver Street Fire House.
Mr.Altieri presented the Tentative Budget as follows:
This year the New York State legislature added a new wrinkle to the budget process by passing
Chapter 97 of the New York State Laws of 2011 which establishes a limit on the annual growth of the
property taxes levied by local government. Before beginning a detailed discussion of the proposed
2012 budget we want to review the legislation here first. The terminology of this legislation is
important because this is not a cap on the change in the level of taxes to be paid by an individual
property owner. Rather this is a cap on the total amount of property taxes that can be raised by a
local government. Consideration was not given in the legislation regarding levels of assessment or
other factors that impact the rate at which the tax levy is apportioned in the community.
The legislation establishes a formula for the calculation of the maximum tax levy that can be
adopted by a local government. Beginning with the 2011 adopted tax levy, the local
government may add a tax base growth factor as established by New York State. To that an
allowable levy growth factor maybe added which for 2012 is the rate of inflation(2%). There
are also allowances for payments in lieu of taxes and court judgments arising from tort actions.
Certiorari judgments may not be included in the calculation. The court judgments however
must be greater than five percent of the communities tax levy. Neither payments in lieu of taxes
or court judgments apply to the calculation for the Town of Mamaroneck. Lastly, the
community may exclude increases in pension contributions that exceed two percent of the
actuarial contribution rate as calculated by the New York State Retirement System.
Addendum#1, attached to this letter provides the full details of the property tax cap formula for
the Town. For the nine budget funds that make up the Town budget the maximum tax levy for
2012 is$21,425,170, an increase of$670,600 or 3.23%.
The State legislation also includes a provision whereby the tax levy limit can be overridden by
the adoption of a local law. Passage of a local law to override the tax levy limit requires an
affirmative vote of 60%of the governing body of the local government.
When the tax cap legislation was adopted the hope of many local officials was that it would be
accompanied by relief from the many mandated expenses imposed by New York State. With the
exception of a partial exemption of retirement costs no meaningful mandate relief was part of
the tax cap consideration process. This was quite disappointing because as we will explain later
in this letter mandated expenses continue to be a major driver of the budget.
Budget Overview
The staff began the process of preparing the budget back in June of this year. Department
heads were directed to target a three percent decrease in department expenses which was on
top of the five percent reduction for the 2011 Town Budget. As you review the budget you will
find that with the exception of those items outside of the Town's control most line item budgets
have been reduced.
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October 19,2011
The chart below provides a comparative schedule of for the year 2011 and the tentative budget
proposed for 2012.
2011 2012 Change %Change
Appropriations $30,483,132 $31,435,793 $952,661 3.1%
Non-Tax Revenue 8,908,562 9,036,883 128,321 1.4%
Reserve Application 820,000 800,000 (20,000) (2.4%)
Property Tax Levy 20,934,855 21,598,910 844,010 4.0%
Overall Taxable $150,621,950 $147,682,978 ($2,938,972) 1.9%
Assessments
In terms of those factors that continue to plague the Town's budget, little has changed since last
year. Overall appropriations are proposed to increase by 3.1%. As will be discussed later a full
44%of the increase in appropriations is attributable to mandated costs. With economic
conditions little improved since last year,performance of non-tax revenues continues to be a
problem. We estimate that this class of revenue will only increase by 1.4%or$128,000 in 2012.
Although by an amount far smaller than last year we are proposing a further reduction in the
application of surplus to the budget. Without growth in revenues and with expenses cut to
minimum levels there is practically no opportunity to develop increase surplus levels. Our
decision to recommend further reductions in appropriated surplus is based upon our call for
establishing a benchmark of surplus levels equal to a minimum of 12%of appropriations.
Overall the tax levy increase proposed in the 2012 Tentative Budget is$844,010. This compares
favorably with the tax levy increase in 2011 which was$1.3 million. In terms of percentages the
tax levy increase for all funds is 4%which is.77%higher than the 3.23 tax cap increase
permitted under the formula established by New York State.
The Town Board emphasized the need for residents to communicate with the Board about the Budget,
adding all the Board Members'email addresses are on the Town's web-site.
2. Authorization—Trust Fund Community Emergency Response Team
On motion of Councilwoman Wittner,seconded by Councilman Odierna,the following was approved,
WHEREAS,the Community Emergency Response Team(CERT) provides assistance for
public safety to the community during storms and other emergencies,and
WHEREAS,the Town has received offers of donations for the CERT Team and must
now establish a trust fund.
NOW THEREFORE, BE IT
RESOLVED,that the Mamaroneck Town Board does hereby authorize the
establishment of a Trust Fund for the acceptance of donations to the Town's
Community Emergency Response Team.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
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October 19,2011
3. Approval of Certiorari
On motion of Councilman Odierna,seconded by Councilwoman Seligson,it was
RESOLVED,that the Town Board hereby authorizes the settlement of the following tax
certiorari on the following terms:
1202 WBP Realty Associates, LLC
1202—1220 West Boston Post Road
Mamaroneck, NY 10543
Block 918 Lot 110:
Year Assessment Reduced Assessment
2010 $65,000 $37,400
2011 $65,000 $37,400
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
4. Salary Authorization (s)
On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,it was
RESOLVED,that as provided for in the 2011 Town Budget the Mamaroneck Town
Board does hereby authorize the payment of salary to the following:
HOMMOCKS PARK ICE RINK: Retroactive 10/04/11 through 6/30/12
Kate Wylie Walden Cashier $13/hr
Cathy Hughes Cashier $13.25/hr
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 Councilwoman Seligson,it was
RESOLVED,that the Mamaroneck Town Board does hereby promote Ronaldo Vega
from Motor Equipment Operator I to Motor Equipment Operator II,effective October
20,2011 at an annual salary of$63,002.00.
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October 19,2011
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
5. Authorization—EMS Agency Participation Agreement
On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,the following was approved,
WHEREAS,in recognition that the Town of Mamaroneck Ambulance District is a duly
authorized Ambulance District Service,Certified by the New York State Department of
Health (NYSDOH),and providing ambulance service to territory established under
Article 30/30A of the Public Health Law(A30PHL),which includes in whole or in part
the response area of the Larchmont Fire Department in the Village of Larchmont,and
WHEREAS,in recognition that Larchmont Fire Department is a Basic Life Support
Response Agency authorized by its governing municipality to provide EMS and having
applied to NYSDOH for an EMS agency identity code.
NOW THEREFORE, BE IT
RESOLVED,that the Mamaroneck Town Board does hereby approve of the EMS
Agency Participation Agreement between the Town of Mamaroneck Ambulance
District and the Village of Larchmont Fire Department for the purpose of ensuring
rapid and effective response,appropriate patient care and the delivery of persons in
need of medical care to the appropriate medical facilities,through the cooperative
efforts of said organizations.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
6. Conversion to Fiber Optic Voice& Data (Lightpath)
On motion of Supervisor O'Keeffe,seconded by Councilwoman Seligson,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve of the Town's
conversion to fiber optic service through Cablevision for the Town's voice(telephone)
and data (internet)services.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
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October 19,2011
APPROVAL OF MINUTES—September 21,2011 and October 5,2011
On motion of Councilwoman Wittner,seconded by Supervisor O'Keeffe,it was
unanimously
RESOLVED,that the Mamaroneck Town Board does hereby approve the Town
Board Minutes from the meetings of September 21,2011 and October 5,2011.
SUPERVISOR'S REPORT
Supervisor O'Keeffe stated that the Town Board will be working diligently over the next month on the
Town Budget.Supervisor O'Keeffe encouraged residents to get involved in the process and to make their
opinions known.
ORAL COMMUNICATIONS
Rene Morrison,from the Larchmont Gardens'Civic Association,addressed the Board. Ms. Morrison invited
residents to participate in the 8t"Annual Rag-a-Muffin Parade taking place on October 22; lineup will begin
at East Brookside and Valley Stream. Ms. Morrison thanked the Board for their hard work on the Lake
project, noting the many plantings that are starting to take hold.
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
Councilman Odierna noted that the Fire Department has been an important part of the last two weeks;
beginning with their Inspection Dinner on October 7t"and an Open House and new apparatus'wet down'
on October 15t". The Sheldrake Environmental Center held their annual Fall Fling on Sunday October 161",
adding it was a delightful day. Councilman Odierna noted his attendance at the Planning Board Meeting on
October 12th.The Planning Board is currently considering an application by Bonnie Briar to create a
retention lake on their property that would use water from the Sheldrake River to irrigate the golf course.
Marc Rosenbaum,Chair of the Planning Board was present and came forward to address the Board. Mr.
Rosenbaum stated that it was the consensus of the Planning Board that this application be referred to the
Coastal Zone Management Commission,as that Board is more in tuned to the environmental issues. Mr.
Rosenbaum also noted that legislation has changed at the State level with respect to what can be removed
from a water course. Previously the State's emphasis was on what was being put into the water,and not
what was being removed.Councilman Odierna attended the Board of Architectural Review Meeting at
which they discussed the signage at the new BLD Diner.
Councilwoman Wittner attended the Town's Employee Recognition Awards Luncheon on October 121H,
noting what a wonderful event this was. Councilwoman Wittner also attended the many Fire Department
events as well as the Senior Citizen's Candidate Forum on October 18th. Councilwoman Wittner thanked
Maria Gallagher for organizing such a beneficial event for the seniors.
Steve Altieri was excited to report on some fun within the Highway Department. Mr.John Galli,a
mechanic with the Town's Highway Department,appears to not only be a great mechanic, but also a
fanatic about maintaining his tools. So much so,that he was nominated by his pears to receive an award
from Tool&Equipment Magazine for having the neatest tool box. Mr.Galli received $15,000 in new tools.
Congratulations to Mr.Galli!
Councilwoman Seligson was also busy participating in the many Town wide activities previously
mentioned. Councilwoman Seligson noted her attendance at the Activate America Meeting held at the Rye
YMCA,adding they continue to work on programs to get citizens healthier and more active.Councilwoman
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October 19,2011
Seligson attended the Westchester Municipal Officials Association (WMOA) Dinner held at Whitby Castle in
Rye. Councilwoman Seligson noted what a gem of a facility this is; emphasizing it is open to the public.
Supervisor O'Keeffe said Tom Schwarz,the president of SUNY Purchase,was the speaker at the WMOA
Dinner. Mr. Schwarz discussed an exciting development taking place on the SUNY Campus. With legislative
help from State Assemblywoman Amy Paulen and State Senator Suzi Oppenheimer, housing is being built
on campus for citizens over 55.These residents will also be allowed to audit two courses per year at no
cost.
Councilwoman Seligson also attended a meeting of the Capstone Project.Capstone is involved in
implementing the Activate America Program,Complete Streets.The Rye YMCA received a grant to
implement some of the Complete Streets recommendations.The Capstone Group would like to use these
funds for projects not only in Rye, but in the Town of Mamaroneck,Village of Larchmont and Village of
Mamaroneck too. On October 18`"Councilwoman Seligson attended the Summit Meeting at which
representatives discussed the recent flooding and its consequences. Councilwoman Seligson attended the
planning meeting for the Dr. Martin Luther King,Jr. Event. The event will be held on January 11,2012 at
the Hommocks Auditorium with Dr.James Forbes as the keynote speaker.
Councilman Fishman attended the Cable TV Board of Control Meeting. The Board is working on finalizing
LMC-TV's Budget by the end of this year. If accomplished this would be a first time in many years.
Councilman Fishman noted with his retirement from the Town Board on December 31", Larchmont Mayor
Josh Mandell will take over as Chair of the Cable TV Board of Control.
Supervisor O'Keeffe thanked Councilman Fishman for his hard work and service,adding he has been
instrumental as Chair and Board Liaison to the Cable TV Board of Control.
Town Clerk,Christina Battalia,informed the Board that once again the Town was asked to host a New York
State Archives Workshop at the Town Center,adding the State continues to hold the Town and it records
policies as an example to other municipalities.
ADJOURNMENT
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,the meeting was unanimously
adjourned at 9:56 PM
Submitted by
Christina Battalia,Town Clerk
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