HomeMy WebLinkAbout2011_11_17 Town Board Minutes November 17,2011
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON NOVEMBER 17,2011, 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—Not in attendance for Work Session
ALSO PRESENT: Christina Battalia,Town Clerk
Stephen V.Altieri,Town Administrator
William Maker,Jr.,Town Attorney
CALL TO ORDER-WORK SESSION
On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner,the Work Session was
unanimously opened at S:OOPM.
ADDED ITEM
Funeral Expenses for Robert DelVecchio,Jr.
The Board discussed contributing to Mr. DelVecchio's funeral expenses. This is added to the Regular
Meeting Agenda for this evening as Affairs#8,Transfer of Funds Item.
OUT OF ORDER
Model Housing Ordinance—With respect to the Westchester County's Settlement for Affordable Housing
Mr. Maker explained to the Town Board what would be entailed to pass such Law for Model Housing.
Supervisor O'Keeffe asked Mr.Altieri to email Lester Steinman,the lawyer for the Westchester Municipal
Officials Association,to determine if any other municipalities have passed such Law. The Town Board
would like to add this to the December 7,2011 Town Board Meeting.
Byron Place Development
Mr.Altieri stated that the Building Department has received the building plans and is now in the process,
along with outside engineers,to review the process. Mr.Altieri further advised the Board that he has been
notified by Byron Place Development that they would like to request an exemption to the requirement that
a Green Roof be installed. Bryon Place Development feels a Green Roof is virtually impossible to maintain
and will also require additional expenses. Mr.Altieri would like to invite the Bryon Place Development to
the Work Session on December 7th to discuss. Mr. Maker emphasized requiring the developer to pay the
building permit fee of$400.00 now,so as a disincentive to stall the project.
Larchmont Reservoir
As a continuation of this topic from the last Town Board Work Session, Mr.Altieri stated that Coughlin
Insurance is still looking into a hold harmless. Mr.Altieri suggested the Town reimburse the Village of
Larchmont for the cost of the insurance policy they hold for the Dam. It was also suggested that a study of
the Dam be included as part of the Long Island Sound Watershed Intermunicipal Council .
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November 17,2011
Complete Streets
The Town Board reviewed proposals by the Capstone Group with respect to implementing the Complete
Streets Initiative,as part of the Activate America Program. Councilwoman Seligson explained that there
are no funds being asked of the Town,adding the Cityof Rye did receivea grant to implement a project,and
wants to extend thisproject to include the Village of Mamaroneck,the Village of Larchmont and the Town
of Mamaroneck.The project would use this funding to create a 'how to'guide and an implementation
guide. Councilwoman Seligson suggested an announcement go on the Town Website asking for volunteers
to help with outreach and education.
2012 Preliminary Budget
Mr.Altieri stated that currently the budget has an increase of 3.21%,which is within the Tax Cap. The State
has still not given the Town a definitive answer as to how the Cap should be applied to the Fire District
Budget,adding the Town Budget is within the Cap but the Fire District is not by approximately$50,000.
Mr.Altieri is suggesting the two budgets be handled separately as that is what the Town currently has in
writing from the State. Mr.Altieri stated that assuming the Town Board is comfortable with the
Preliminary Budget as it now stands,the only remaining issues are salaries for elected officials and the
retirement incentive for Police&Career Firefighters.
On motion of Councilwoman Seligson,seconded by Councilman Odierna,the Board unanimously agreed to
enter in Executive Session to discuss employment history of particular persons.
EXECUTIVE SESSION
Employment History of Particular Persons
On motion of Councilwoman Seligson,seconded by Supervisor O'Keeffe,the Board unanimously agreed to
reenter Work Session.
New Business
Mr.Altieri reported that he was contacted by Kevin Ryan the Attorney for Planning and Zoning with a
request that the Town consider a waiver to his contract in order for him to represent a particular client
before the Town. The Town would like Mr. Ryan to have an agreement similar to Mr. Maker's Agreement.
Mr.Altieri advised the Town has become aware of a situation where an employee will be reporting to a
relative. All parties involved will be meeting over the next week to remedy the situation.
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:45 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.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe then on motion of Commissioner Wittner,
seconded by Commissioner Odierna,the Board of Fire Commissioners was unanimously declared open.
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November 17,2011
Present were the following members of the Commission:
Commissioner: Valerie M. O'Keeffe
Commissioner: Phyllis Wittner
Commissioner: Ernest C. Odierna
Commissioner: Nancy Seligson
Absent was the following Commissioner:
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 Councilwoman 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:
The above resolution was put to a roll call vote:
Commissioner Fishman ABSENT
Commissioner Seligson Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner O'Keeffe Aye
2. Other Fire Department Business
Commissioner Wittner noted that Minutes of the Fire Council Meeting for November were issued to the
Commissioners.Commissioner Wittner noted the Annual Toy Drive for the Fire Department.
With respect to the discussion in the Fire Council Minutes regarding the Retirement Incentive,
Commissioner Odierna wanted to make sure the Career Firefighters understood that the 20 years of service
requirement could be filled from having served in other departments. Mr.Altieri noted,although that is
true the retirement payment would only be calculated on years in the Town Department. Commissioner
O'Keeffe thanked Commissioner Odierna for bringing that to everyone's attention. .
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. Update—Complete Streets Program
Councilwoman Seligson explained that the Complete Street Program is looking to conduct a study with
respect to the Activate America Program. This program helps municipalities find ways to better integrate
pedestrians and bicycles into their communities. The City of Rye received a grant which they would like to
share with the Town and the Villages'of Larchmont and Mamaroneck.The grant is to provide the tools
needed to implement such a program.Volunteers are actively being sought. Anyone interested should
contact a Town Board Member through their email addresses listed on the Town Website.
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November 17,2011
2. Update—2012 Budget Preparation
Mr.Altieri stated that the Town Board has had a number of Budget Work Sessions,adding as the Budget
now stands the Town Budget is within the Tax Cap and the Fire District Budget is not. There will be a Public
Hearing on December 7`"at 8:OOPM in the Town Center Court Room. The Town Board would like to discuss
a number of changes to services within the Budget. Residents are encouraged to give their input either
prior to the Public Hearing or at the Public Hearing.
Mr.Altieri stated that the Town was able to realize a savings of$139,000.00 in the Workers Compensation
Program by changing the structure of the program and changes in the Town's casualty insurance realized a
$30,000.00 savings. Changes are proposed in the number of School Crossing Guard locations; specifically
the budget would remove the Crossing Guards from Plymouth Road and Weaver Street, Harmon Drive and
Weaver Street and Murray Avenue and Colonial Avenue. Additionally,Guards have been eliminated for
the after school programs at Murray Avenue and Central School.
The Board emphasized that notification will go out to the schools and the press by the beginning of next
week.
Supervisor O'Keeffe noted the plaque that was received from Congresswoman Nita Lowey commemorating
the Town's 3501"Anniversary.
3. Authorization—Closure of Trust Funds
Mr.Altieri explained that the Town Board has before them a list of Trust Funds which have been inactive
for quite some time. It is the recommendation of the Town Comptroller that these funds be closed and the
balances transferred to the appropriate funds. The Board approved all closures except for the Hommocks
Marsh Trust Fund,the Martin Luther King,Jr.Trust,and the Beautification Trust.
On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner,it was
RESOLVED,that the Mamaroneck Town Board does hereby authorize the Town
Comptroller to close the following funds and transfer the balances as follows:
Trust Fund A/C G/L# Balance Transfer To Revenue A/C#
To Be Closed
Town Center T.0099 $1,530.08 Capital Proj.#2011-14 H.0000.5041.2011.14
Renovation Trust
Year of the T.0104 $3,591.15 General Town Wide A.0000.2770
Family Trust
Tara Bendix T.0106 $365.00 General Town Fund A.0000.2770
Memorial Trust
Federal Asset T.0108 $104.31 Part Town Fund B.0000.2770
Seizure Fund
Rouken Glen T.0100 $86.24 Part Town Fund B.0000.2770
Gateway Trust
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November 17,2011
On motion of Councilwoman Wittner,seconded by Supervisor O'Keeffe,the following was approved
WHEREAS,with the transfer of funds from the Town Center Renovation Trust Fund to
Capital Project#2011-14,there needs to be a budget amendment in the Capital Fund
(H).
NOW THEREFORE BE IT
RESOLVED,that the Mamaroneck Town Board does hereby authorize the following
budget amendment:
Capital Fund (H)
Increase Budget
H.0000.5041.2011.14 Transfer from Trust Fund
$1,530.08
H.1620.0400.2011.14 Town Center Building Improvements
$1,530.08
The above resolution was put to a roll call vote:
Fishman ABSENT
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
COUNCILMAN FISHMAN ARRIVED
4. Set Public Hearing—Tax Cap Legislation
Mr. Maker explained that State legislation has limited the tax levy amount the Town can increase for the
year 2012. The Preliminary Budget as originally presented had an increase of.08%.The Town Board has
since made adjustments to the budget whereas it now stands within the limit. There still remains a conflict
between the Governor's Office and the State Comptroller's Office as to whether the Fire District Budget
should or should not be treated separately from the Town Budget. Because of these unresolved issues in
how the final budget will be presented it is the recommendation of the Town Attorney that the Town pass
this legislation so as,at the time the Budget is approved,should an override be needed the proper
legislation is in place. Mr. Maker has drafted a Local Law that would allow the Town to override the tax
levy by no more than .08%. Mr. Maker stated it was important to note that there was a limit to the
override as the public should be comfortable in that this legislation provides a parameter for such an
override.
Councilman Fishman stated that at this point in the process he would vote against any Law that would
allow the Town to override the cap.
Councilman Odierna stated that he agreed with Councilman Fishman in principal but feels that the Town
should hear from the public at the Public Hearing,adding the budget at this point is not a 'fait accompli'.
Mr.Altieri stated that should an override be needed only in the Fire District a resolution would be required
and not a change in legislation.
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November 17,2011
Supervisor O'Keeffe asked Mr.Altieri to explain to the public how the tax levy increase is determined.
Mr.Altieri replied that for calculation purposes by State Law the Town must begin with the 2011 Tax Levy,
an add back for a Tax Base Growth Factor of 1.0044% and a Growth Factor in the form of the Consumer
Price Index(CPI)is calculated.An exemption for retirement increases in excess of 2%is allowed. With all
these figures put together the tax levy increase allowable to the Town is 3.20%.
On motion of Councilman Odierna,seconded by Supervisor O'Keeffe,it was
RESOLVED,that the Mamaroneck Town Board does hereby set the date for a Public
Hearing on the"Override the tax levy limit established in general Municipal Law 3-c"
Law for December 7, 2011 at 8:OOPM in the Court Room of the Town Center,and
BE IT FURTHER,
RESOLVED,that the Town Clerk is hereby authorized to publish the notice of said
hearing in a newspaper appointed as an official newspaper,and that said notice, be
posted.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
5. Approval of Certiorari
On motion of Councilwoman Wittner,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:
Lynn A. Kotzen
2021-27 Boston Post Road
Larchmont, NY 10528
Block: 707 Lot: 177
Town of Mamaroneck/Village of Larchmont
Year Current Assessment Reduced Assessment
2010 $45,000 $20,700
2011 $45,000 $21,500
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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November 17,2011
6. Update Property Reassessment Project
Mr.Altieri stated that the first mailing was sent out on Monday November 15,which included a survey for
property owners. Representatives from GAR Associates will be at the Town Center this week and next to
answer any questions or to help residents complete the surveys. Workshops are scheduled for December
15` and 3rd. Residents are asked to register for a workshop in order to minimize attendance to 75 people.
Additional Workshops will be added as necessary. Information is available on the Town's Website,
including handouts from the workshops. Data collection will begin the first two weeks of December and
will continue through June of 2012.Additionally,a workshop will be televised and shown on LMC-TV.
Mr.Altieri explained that the unpermitted improvements will be handled through an Amnesty Program.
No summons or violation will be issued,all fees will be waived. The property owner will need to come into
the Town and permit the improvement.
7. 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:
HOUSE LEAGUE HOCKEY- Retroactive November 5,2011 to March 9, 2012
Jake Danehy Assistant Coach $7.50/hr
Nathan Mullaney Assistant Coach $7.50/hr
Florence Peters Assistant Coach $7.50/hr
HOMMOCKS POOL—Effective November 15,2011
Eric Robustelli Lifeguard $9.50/hour
Kevin Saporito Lifeguard $10/hour
Heike Rauls Alternate Instructor $50.00 per session
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 Fishman,it was
RESOLVED, that the Mamaroneck Town Board does hereby appoint Joseph Abatino a
substitute School Crossing Guard at the rate of$71.00 per day effective November 18,
2011.
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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November 17,2011
8. Transfer of Funds—Funeral Expense for Robert DelVecchio,Jr.
On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner,it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the contribution
to the funeral expenses of Robert DelVecchio,Jr., not to exceed $7,000.00,and
BE IT, FURTHER
RESOLVED, that the Mamaroneck Town Board does hereby authorize the Budget
Amendment as follows:
Increase Budget
A.0000.5995 Appropriated Fund Balance $5,000.00
A.1430.4270 Employee Assistance program $5,000.00
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
9. Set Public Hearing—Correction of Local Law 7-2010
Mr. Maker explained that a typo needs to be corrected in the Local Law, therefore a Public Hearing needs
to be set.
On motion of Councilwoman Wittner,seconded by Councilman Fishman,it was
RESOLVED,that the Mamaroneck Town Board does hereby set the date for a Public
Hearing on the Correction to Local Law 7-2010 for December 7,2011 at 8:OOPM in
the Court Room of the Town Center,and
BE IT FURTHER,
RESOLVED,that the Town Clerk is hereby authorized to publish the notice of said
hearing in a newspaper appointed as an official newspaper,and that said notice, be
posted.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
ORAL COMMUNICATIONS
Abby Katz,of the Larchmont Gardens'Civic Association addressed the Board.
Supervisor O'Keeffe congratulated Abby on winning a seat on the Town Board.
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November 17,2011
Ms. Katz asked the Board if they were willing to receive input from the schools regarding the elimination of
certain Crossing Guards.
The Board emphatically said yes,adding they are trying to get this information out to the residents.
Ms. Katz agrees that lunch time Guards are probably no longer needed.
Ms. Katz reported that there will not be a Tree Lighting this year,adding the resident's are glad the Lake is
complete and look forward to an 'Official Opening'.
WRITTEN COMMUNICATIONS
None
SUPERVISOR'S REPORT
Supervisor O'Keeffe spoke of the very difficult week the Town has endured. Tragically,an employee of the
Town, Robert DelVecchio,Jr.,who worked in the Highway Department was struck by a Town truck and
died. As would be expected of an incident of this magnitude and investigation is taking place.Our hearts
go out to everyone involved and those most closely affected by this tragedy.
REPORT OF COUNCIL
Councilman Odierna noted his attendance at the many Veterans' Day Ceremonies. Councilman Odierna
also noted the difficulty of the past few days.
Councilwoman Witmer noted her attendance at the Veterans' Day Ceremonies. Councilwoman Wittner
added that she also attended the Westchester Municipal Officials Association Dinner in Bronxville on
November 101"
Councilwoman Seligson noted the Veterans' Day Ceremonies were made quite somber by the events of
that day.Councilwoman Seligson stated how proud she was of our Town employees for how they have
been able to comfort one another in this time of great tragedy.
Councilman Fishman sends his thoughts and prayers to all during this very difficult time.
Supervisor O'Keeffe thanked Jennifer Graziano Mangano for all her help with the funeral services,adding
congratulations go out to her on the birth of her baby girl, Mia Florence.
ADJOURNMENT
On motion of Councilwoman Wittner,seconded by Supervisor O'Keeffe,the meeting was unanimously
adjourned in memory of Robert DelVecchio,Jr.,at 9:40PM
Submitted by
Christina Battalia,Town Clerk
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