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HomeMy WebLinkAbout2012_12_05 Town Board Minutes December 5, 2012 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON DECEMBER 5,2012, BEGINNING AT S:OOPM IN CONFERENCE ROOM D OF THE TOWN CENTER,740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Nancy Seligson Councilwoman Phyllis Wittner Councilman Ernest C.Odierna Councilwoman Abby Katz Councilwoman Jaine Elkind Eney 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 Katz,seconded by Councilwoman Wittner,the Work Session was unanimously opened at S:OOPM. Review of 2013 Preliminary Budget The Town Board reviewed the transmittal letter accompanying the 2013 Preliminary Budget as prepared by Mr. Altieri. Supervisor Seligson noted to the Board that this Preliminary Budget differs from the Tentative Budget in that is reflects the discussions taken place by the Board during the Budget Meetings. The Town Board reviewed the 2013 Preliminary Budget in detail. Murray Avenue Storm Drainage Project The Town Board reviewed correspondence from the Town Engineer David Goessel explaining the project, the changes to the work from the previous proposal and the cost estimate of $153,472. The Board reviewed a detail of cost estimates, maps and plans. Update—SEQR Review—Proposed Zoning Amendment Business and Service Business Zones Mr. Altieri explained that he has spoken with Frank Fish regarding Mr. Fish's proposal. Mr. Altieri has not finalized those discussions for the Town Board, but hopes to have something in writing for the Board to review at the next Town Board meeting. Furthermore, the previous Public Hearing date set for January 9, 2013 will need to be reset should the Town Board decide to change the Town Board meetings in January back to their original dates of January 2nd and 16th. Discussion—Health Insurance Benefits The Board continued their previous discussion regarding Health Care Benefits in retirement for Elected Officials. Supervisor Seligson would like the Board to consider limiting the retirement benefits for Elected Officials. Councilwoman Elkind Eney asked to be provided with concrete numbers on the proposed changes in policy so she and the Board can make an informed decision. 1 December 5, 2012 Rye Town Dissolution Study Supervisor Seligson wanted the Board Members to be aware that the new information that is coming out in the Press is very unclear, adding there are many unanswered issues and questions. Supervisor Seligson would like the Board members to be prepared for residents questions regarding this issue. On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Board unanimously agreed to enter into an Executive Session to discuss the employment History of a particular employee within the Police Department. EXECUTIVE SESSION Employment History of a particular employee in the Police Department. On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz the Board unanimously agreed to resume the Regular Meeting. New Business Councilwoman Katz noted that during the last Traffic Committee Meeting the President of the Mamaroneck PTA asked that a left turn signal be installed at the Boston Post Road and Weaver Street intersection.Councilwoman Katz noted that she stated at the Meeting that this was a State Road and a request for a left turn signal should be addressed to the State. CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:10 PM, she then pointed out the location of the exits. Supervisor Seligson noted the topics discussed during worksession and reminded residents that this portion of the Meeting is always open to the Public. Supervisor Seligson welcomed Mike Claiborne a Member of the Mamaroneck School Board Selection Committee. CITIZEN'S COMMENTS Mr. Claiborne addressed the Board and the public to explain how the Selection Committee is comprised, how it functions and what its responsibilities are. SUPERVISOR'S SUMMARY REPORT Supervisor Seligson stated that she and other officials met with Westchester County Officials regarding Super storm Sandy,adding that she believes the County will address the recommendations they received. Supervisor Seligson thanked the Fire Department for the 150 Thanksgiving Dinners they prepared and delivered,adding how thankful and proud we all are of this work.Supervisor Seligson made the following comments regarding the 2013 Budget: 2 December 5, 2012 Supervisor Comments Wednesday Dec. 5,2012 1 knew crafting the 2013 budget would be a difficult challenge this year. We learned that staying within the 2%tax levy cap last year forced us to utilize precious surplus and pare down our services, maintenance, and upgrades as much as possible. It's not possible to continue that year after year. The Town must maintain a healthy fund balance, or surplus, to be able and prepared to respond to emergencies such as Super Storm Sandy, and to maintain its excellent credit rating. We cannot use our surplus to subsidize operating expenses in the budget. We watched our revenues carefully throughout 2012 to see if we could expect an easier task going forward, but the continued slow economy has held our revenues low. The Town was able to contain expenses as per the budget, but salaries continue to climb along with associated employee benefits. There is no question that the largest expenses in the Town are for salaries and benefits. A Town government is a labor intensive business. So, we strove to stay within the tax cap while building back our fund balance, budgeting for large state mandated increases in pension costs and health care benefits,facing limited revenue opportunities, and keeping Town services intact. It's simply not possible. We have created what we think is a responsible budget. Meaning we are honest about the projected revenues and expenses for 2013, we have tried to reduce expenses through retirement incentives, energy use reduction, containment of overtime, and scrupulous examination of line by line expense details. We are still above the tax cap. The State required increases in pension costs and healthcare equal 87%of the allowable increase for the Town under the cap. That allows for an increase of approximately$69,000 for the$32 million Town budget in 2013. It is not possible to do that unless we make major changes to basic Town services.As 1 said, this current version of the budget doesn't propose those changes. But we are open to considering them. We have discussed implementing a sewer use fee, reducing garbage pick-up to once a week or a pay as you throw program. Leaf collection is another program that if modified or eliminated would reduce expenses. One of the reasons the tax levy cap is not a responsible goal for municipalities is that expenses to maintain, renovate or upgrade infrastructure could never be accommodated within the two percent cap. That means no road paving,sidewalk repairs, ice rink renovation, and computer system upgrades. No new fire trucks or police cars. 1 want to see and lead the Town of Mamaroneck in its continued form of good government. l want to continue to maintain the integrity of its financial structure and not budget with smoke and mirrors. Unlike other governments, the Town doesn't borrow money to pay for pension or operating costs. We borrow for long-term capital investments. There are many State mandated rules and expenses that we must adhere to and abide by that hamper our ability to fully control the Town budget. It's frustrating and upsetting, but the Town of Mamaroneck remains in a strong financial position and with a strong financial outlook. PUBLIC HEARING — 1. 2013 Preliminary Budget The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,that a Public Hearing will be held by the Town Board of the Town of Mamaroneck, New York on Wednesday, December 5, 2012, at 8:OOPM in the Court Room of the Town Center, 740 West Boston Post Road, Mamaroneck, New York to consider the Preliminary Budget for the calendar year commencing January 1, 2013 and ending December 31, 2013. All citizens are invited to attend and provide the Board with written and oral 3 December 5, 2012 comments and ask questions concerning the Town's entire preliminary budget. The entire preliminary budget can be inspected by the public from 8:30AM to 4:30PM, in the Town Clerk's Office, Town Center, 740 West Boston Post Road, Mamaroneck, New York. The Preliminary Budget is also posted on the Town of Mamaroneck website www.townofmamaroneck.org PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town Board are as follows: Supervisor, $37,000;Town Council (4) $6,000 each and the proposed salary for the Town Clerk is$84,000 and the Town Justices(2) $21,000. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Christina Battalia Town Clerk Published November 28,2012 On motion of Councilwoman Wittner, seconded by Councilwoman Elkind Eney the Public Hearing was unanimously opened. Mr.Altieri presented the 2013 Preliminary Budget in the form of a PowerPoint Presentation. The Town Board Members made individual comments with the respect to the Budget and informed residents that a final vote on the 2013 Budget will not take place until the December 191" Town Board Meeting. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. Elizabeth Radow, President of the League of Women Voters and resident of Washington Square addressed the Board and asked for clarification on how the Pay-As-You-Throw program works. Mike Claiborne, Member of the Mamaroneck School Board Selection Committee, stated that it would be very helpful for the Public to see the actual services that would have to be cut should the Town stay within the Tax Cap Levy. Mr. Altieri stated that the cuts would be the elimination of leaf collection, the elimination of four employees,and Pay-As-You-Throw garbage collection. On motion of Councilwoman Wittner, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously adjourned until December 19,2012 PUBLIC HEARING — 2. Override The Tax Cap Levy Legislation The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York,and pursuant to a resolution of the Mamaroneck Town Board adopted on November 19,2012 a Public Hearing will be held on Wednesday, December 5,2012 at 8:00 PM or as soon thereafter as is possible in the Court Room of the Town Center,740 W. Boston Post Road, Mamaroneck, New York to consider—"Override the tax cap levy established in General Municipal Law 3-c" Law. Purpose: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Mamaroneck pursuant to General Municipal Law§3-c,and to allow the Town Board to adopt a budget for(a)town purposes,(b)fire protection districts and 4 December 5, 2012 (c)any other special or improvement district governed by the town board for the fiscal year 2013 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law§3-c. The full text of this Amendment may be examined and copies obtained at the Town Clerk's office during regular hours, Monday - Friday, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, New York PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: November 26,2012 On motion of Councilwoman Wittner,seconded by Councilman Odierna,the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,the Public Hearing was unanimously closed. On motion of Councilwoman Wittner,seconded by Councilman Odierna,the following Local law was approved: Local Law No.8-2012 This local law shall be known as the "Override the tax levy limit established in General Municipal Law 3-c" Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Mamaroneck pursuant to General Municipal Law§3-c,and to allow the Town Board to adopt a budget for(a)town purposes,(b)fire protection districts and (c)any other special or improvement district governed by the town board for the fiscal year 2013 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law§3-c. Section 2-Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law§3-c,which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent(60%)of the members of the town board. Section 3-Limited Tax Levy Limit Override The Town Board of the Town of Mamaroneck hereby is authorized to adopt a budget for the year 2013 that requires a real property tax levy which exceeds the limit specified in General Municipal Law,§3-c. Section 4—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction,such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law,which may be implemented without the invalid or unconstitutional provisions. Section 5—Effective Date: 5 December 5, 2012 This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson,and then on motion of Commissioner Elkind Eney,seconded by Commissioner Katz,the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Abby Katz Commissioner: Jaine Elkind Eney 1. FIRE CLAIMS On motion of Commissioner Seligson,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: AAA Emergency Supply Scott Pak Annual Testing $1,765.76 MSL Refrigeration Inc. Service Call &Replace Vacuum Pump and Nitro. 254.38 Sleepy's Larchmont Two(2) Mattresses 999.97 Superior Backf low Testing Testing of Backflow Prevention Devices 155.00 Verizon Telephone Service 11/10-12/9/12 442.14 Total: $3,617.25 The above resolution was put to a roll call vote: Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Wittner Aye Commissioner Seligson Aye 2. Other Fire Department Business Commissioner Wittner noted her attendance at the Fire Council Meeting. Commissioner Wittner noted the election of Joe Russo as the new Fire Chief beginning January 1,2013.The Fire Council discussed their Budget and awaits word on the possible retirement of two Career Fire Fighters,adding this will have a positive effect on the Fire Department's Budget. The Council discussed the need for 14 Firefighters'on staff because of the inability to change the work schedule. Fire Council also discussed the mutual aid provided for the fire call last Sunday at a home on Beach Avenue. Commissioner Wittner noted the outstanding community give back provided by the Department in their delivery of 150 Thanksgiving meals. The Department continues their Toy Drive for residents of Breezy Pont. 6 December 5, 2012 There being no further business to come before the Commission,on motion of Commissioner Councilwoman Wittner,seconded by Commissioner Councilwoman Katz,the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization —Westchester County Police Academy Agreement On motion of Councilman Odierna,seconded by Councilwoman Katz,the following was approved, WHEREAS,the County of Westchester operates a Police Training Facility in Valhalla,that as needed, utilizes local Police Offers as instructors,and WHEREAS,the Town of Mamaroneck agrees to provide Certified Police Instructors,when available,at no cost to the Town of Mamaroneck,and BE IT, FURTHER RESOLVED,that the Town Administrator is hereby authorized to execute said Agreement on behalf of the Town. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 2. Authorization—Planning Consultant Agreement—Re: Proposed Zoning Amendment Deferred until December 19, 2012 3. Authorization—Assessment of Water Arrears On motion of Councilman Odierna,seconded by Councilwoman Wittner,the following was approved, WHEREAS,at the Westchester Joint Water Works Board of Trustees Meeting on Tuesday November 13,2013,as pursuant to Chapter 654 of the Laws of the State of New York of 1927, as amended,they authorized and directed the Town of Mamaroneck to include the past due water charges for various properties within the Town of Mamaroneck for inclusion in the 2012 Tax Levy of the Town of Mamaroneck in the aggregate amount of$17,141.74. NOW THERFORE, BE IT RESOLVED,that,the Mamaroneck Town Board does hereby authorize the Receiver of Taxes to include the water arrears for water charges to the various properties in the Town of Mamaroneck as of June 30,2012 and remaining unpaid on the date of October 31,2012 to be included in the 2012 Tax Levy of the Town of Mamaroneck in the aggregate amount of $17,141.74. 7 December 5, 2012 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 4. Approval of Certiorari On motion of Councilwoman Elkind Eney,seconded by Councilwoman Wittner,it was RESOLVED,that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Verizon New York, Inc. 5 Franklin Avenue Blocks: 607 Lots: 130.2 101 7 101 2 801 1 607 130.1 Town of Mamaroneck/Village of Larchmont Year Assessment Amount of Reduction Reduced Assessment 2003 $68,000 $28,945 $39,055 2004 $68,000 $27,340 $40,660 2005 $68,000 $30,570 $37,430 2006 $68,000 $32,200 $35,800 2007 $68,000 $35,600 $32,400 2008 $68,000 $35,600 $32,400 2009 $68,000 $37,000 $31,000 2010 $68,000 $33,550 $34,450 2011 $68,000 $33,550 $34,450 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,it was RESOLVED,that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Eugene LaMantia and Joan LaMantia G&E Joint Venture 1395 Boston Post Road Block: 411 Lot: 224 Town of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2007 $32,000 $13,350 $18,650 2008 $32,000 $13,350 $18,650 8 December 5, 2012 2009 $32,000 $13,700 $18,300 2010 $32,000 $11,400 $20,600 2011 $32,000 $10,850 $21,150 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 5. Salary Authorization—Recreation On motion of Councilwoman Elkind Eney,seconded by Councilwoman Wittner,it was RESOLVED,that as provided for in the 2012 Town Budget the Mamaroneck Town Board does hereby authorize the payment of salary to the following: Skating School—Retroactive November 25,2012—June 9,2013 James Brett Quigley Skate Instructor $17/hr The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 6. Re-set January Town Board Meetings On motion of Councilwoman Elkind Eney,seconded by Councilwoman Wittner,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve changing the January Town Board meeting dates back to their original dates of January 2,2013 and January 16,2013,with the January 2nd Meeting beginning at 7:OOPM. 7. Re-set Public Hearing-DGEIS for Proposed Zoning Amendment On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby re-set the date for the Public Hearing on the Draft Generic Environmental Impact Statement for the Proposed Zoning Amendment from January 9,2013 to January 16,2013,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. 9 December 5, 2012 APPROVAL OF MINUTES-October 3, 2012 and October 17, 2012 On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of October 3,2012 and October 17,2012 WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Odierna attended the recent Summit Meeting at which Elliot Engel was the keynote speaker, adding that the highlight was actually our own Supervisor who filled in with an excellent presentation on Storm Sandy while the audience waited for the Congressman. Councilman Odierna attended the LMC-TV Board of Control Meeting at which they discussed the pros and cons of contracting with Swagit to video stream the Town Board meetings.Councilman Odierna attended the Zoning Board of Appeals meeting at which they continue to discuss issues involving signage and lighting,especially regarding Walgreens. Councilman Odierna noted his attendance at the unveiling of the WPA Murals at the Larchmont Public Library. Supervisor Seligson and Steve Altieri will be the speakers on Friday at the League of Women Voters breakfast meeting. . Supervisor Seligson noted that at the Summit Meeting she addressed Super storm Sandy,adding this will be her topic as well for the upcoming League of Women Voters Meeting. Councilwoman Katz attended the League of Women Voters forum for newly Elected Officials,of note was our own Jaine Elkind Eney as well as the new Trustees in the Village of Mamaroneck.Councilwoman Katz attended the Traffic Committee Meeting at which there was a request for signs at various crosswalks. Supervisor Seligson congratulated the newly elected Trustees in the Village of Mamaroneck, Andre Bermudez Hallstrom, Ilissa Miller and Leon Potok. Previously the Board congratulated Justice Dan Gallagher as his results were certified earlier by the Board of Elections. Councilwoman Elkind Eney along with Supervisor Seligson and former Town Justice Dolores Battalia attended the Westchester County Magistrates' Dinner at which our own Justice Jean Marie Brescia was appointed President of the Association. Councilwoman Elkind Eney noted how nice it is to see one of our Justice's in a position of prominence and recognized by her peers. The Martin Luther King,Jr.Celebration is January 13, 14 and 15 at which a film forum and panel discussion will take place. There is an email invitation going out and the flyer and details are on the Town's web-site. ADJOURNMENT On motion of Councilwoman Wittner,seconded by Councilwoman Katz the meeting was unanimously adjourned at 10:10 PM. Submitted by Christina Battalia,Town Clerk 10