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HomeMy WebLinkAbout2011_11_02 Town Board Minutes November 2, 2011 TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY NOVEMBER 2, 2011 THE TOWN BOARD WILL CONVENE – at 5:00, In Conference Room A to discuss Larchmont Reservoir/Dam, Proposal for 176 Myrtle Boulevard – GLSN Realty Corp., 2012 Budget, 1 & 3 Washington Square Parking Proposal REQUEST FOR EXECUTIVE SESSION to discuss Certiorari & Employment History THE TOWN BOARD WILL RECONVENE – at 8:00 PM in the Court Room CALL TO ATTENTION – Location of Exits BOARD OF FIRE COMMISSIONERS 1.Fire Claims 2.Other Fire Department Business AFFAIRS OF THE TOWN 1.Authorization – Transfer of Funds – Highway Department 2.Authorization – Transfer of Funds – Tree Fund 3.Update – Property Reassessment Project – Authorization for Town Administrator to Execute a Contract with GAR Associates 4.Approval of Certiorari 5.Salary Authorizations – Temporary Assistant Court Clerk Recreation 6. Reappointment - Board of Assessment Review 7. Approval – Retirement Incentive Plan, Police & Fire 8. Change of Date – Town Board Meetings APPROVAL OF MINUTES - October 19, 2011 ORAL COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERK’S REPORT NEXT REGULARLY SCHEDULED MEETINGS – November 16, 2011 December 7, 2011 1 November 2, 2011 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON NOVEMBER 2, 2011, BEGINNING AT 5:00PM 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 Councilwoman Seligson, the Work Session was unanimously opened at 5:08PM. Additionally present: Tony Siligato, Town Comptroller Larchmont Reservoir/Dam Village of Larchmont Mayor Josh Mandel was present to discuss the Larchmont Reservoir and Dam. Mr. Mandel began with a brief history of the property and the current condition of the Dam. Mr. Mandel stated that although the Dam is out of compliance, there is comfort in knowing it was built properly and is sturdy. Mr. Mandel stated that the Dam was recently evaluated by the EAP and recommendations were made. Most of the recommendations made by the EAP regarding regarded plant growth and shrubs away from the Dam; a task crucial to the life of the Dam. The quandary the Village is facing is, if the Dam has no purpose, then it is a liability, but if the Town feels it has a purpose then the Town should share the liability. The Village understands that the Town feels it does have a purpose with respect to flood control. Mr. Mandel continued stating that if the Town ‘controls’ the valve, then why should the Village have liability to a valve it does not control? With these understandings the Village would like the Town to consider two things: a ‘hold harmless’ agreement, as well as the Town taking over the maintenance as specified by the EAP. Mr. Altieri stated that he will contact Coughlin Insurance and discuss the cost to the Town of a ‘hold harmless’ policy. Councilwoman Wittner asked Mr. Mandel if the Village wants to continue owning the Reservoir. Mr. Mandel responded that owning the property gives the Village a great deal of pride and does not anticipate selling it to the Town. Proposal for 176 Myrtle Boulevard The Board discussed a proposal by the Carlshire Tenants’ Association of 1 & 3 Washington Square, to create ten new parking spaces near the entrance to their garage at the corner of Madison Avenue and New Jefferson Avenue. The Board reviewed a preliminary concept drawing, but found it a bit unclear. The Board asked Mr. Altieri to have someone mark off the area, as well as prepare a more specific drawing for the Board to review. The Board noted that there still needs to be a discussion of compensation to the Town. 2012 Town Budget Mr. Altieri stated that he has received contradictory responses from the Governor’s Office and the State Comptroller’s Office with respect to whether the Fire District Budget needs to have the Tax Cap applied separately from the Town Budget. As the Budget currently stands, including the Fire District, it is within the 2 November 2, 2011 Tax Cap. If the Town Budget and the Fire District Budget were handled separately, the Town would be within the Tax Cap, and the Fire District would not. Should there be a need for a Tax Cap override for the Fire District Budget a resolution would be required and not a change in legislation, since the District has no legislative authority. The Town Board moved to the discussion of the Proposal for 176 Myrtle Boulevard and will later return to the discussion of the Budget. Proposal for 176 Myrtle Boulevard – GLSN Realty Corp Additionally present: Gyoko Shkrelli, owner of 176 Myrtle Blvd Donald Mazin, Mr. Shkrelli’s Attorney Edmond Gemmola, Architect Mr. Shkrelli is appearing again before the Board to discuss his proposal to change the Zoning Code, whereby enabling him to add two additional stories to his building at 179 Myrtle Blvd. Mr. Mazin emphasized that in this struggling economy his client is seeking additional sources of income in order to remain in business. Mr. Shkrelli would like to create residential apartments on the additional floors. Mr. Shkrelli has conducted a survey which he feels demonstrates that parking is not an issue. Additionally, he has found that during the evening hours there are multiple spaces available on the street and in the Town’s overnight parking lots. Mr. Mazin stated that he has confirmed with the Town Clerk’s office that there are a number of unsold overnight parking permits. Some Board Members restated their concerns as: blocking light and views from existing residents, parking, and precedent setting for other buildings along Myrtle Blvd. Some Town Board members liked the concept and thought that the additional stories would bring coherency to the block. The Town Board asked that drawings be done demonstrating the effect the additional stories would have with respect to blocking sunlight upon existing buildings. The Town Board asked Mr. Maker what process Mr. Shkrelli could take to move forward with his proposal. Mr. Maker responded stating that Mr. Shkrelli could petition for a zoning change; such a request would trigger a SEQR finding and a referral to the Planning Board. There would most probably be an Environmental Impact Statement which would be addressed at a public hearing. Mr. Maker added that a parking study would most likely be required of the applicant. ADDED ITEM th Mr. Carpenzano addressed the Town Board. Mr. Carpenzano explained that a 40 birthday party will take place this weekend at the Bonnie Briar County Club, at which fireworks have been planned. All the necessary paper work has been completed but the required ten day prior notice for a Fireworks Permit was missed. Mr. Carpenzano is asking the Board for a waiver of the ten day requirement. The Board would waive the 10 day requirement assuming all paper work and proof of neighbor notification is received in the Town Administrator’s Office first thing tomorrow morning. On motion of Councilman Fishman, seconded by Supervisor O’Keeffe, it was RESOLVED, that the Mamaroneck Town Board does hereby waive the required ten day prior notice for a Fireworks Permit, for the function being held at Bonnie Briar Golf Club November 5, 2011, assuming all paper work and proof of neighbor notification is received in the Town Administrator’s Office on November 3, 2011. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 3 November 2, 2011 RETURN TO ITEM #3 2012 Preliminary Budget st The Town Board reviewed a memo prepared by Mr. Altieri dated November 1 stating revisions to the Preliminary Budget, specified in two spreadsheets: Property Tax Cap Formula for Determining Tax Levy Limit Revised for Fire District Breakout Purposes (if Applicable) and Detail on Budget Revisions. Mr. Altieri explained that the revisions have resulted in a reduction to the Tax Levy by an additional $176,470.00 thus bringing the year to year tax levy increase to 3.21%, which is below the allowable Tax Cap increase of 3.23%. A major reduction was accomplished through casualty insurance coverage premiums in the Part Town Fund, Fire District, Ambulance District, Garbage District and Sewer District. Other reductions include adjustments in salary for the Town Clerk’s Office, Hommocks Pool reductions (as outlined in the Superintendant of Recreation’s memo dated October 26, 2011), and borrowing versus expending for Police and Fire two-way radios. As for revenue, increases are realized in the Ambulance District as well as an anticipated fund distribution from the Cable Television Board of Control. The Town Board discussed reducing the number of crossing guards, notably during lunch time. It would appear the schools no longer allow students to leave during lunch time. Supervisor O’Keeffe felt strongly that a press release be issued letting residents’ know of the potential changes proposed by the Town Board. Supervisor O’Keeffe also thought an explanation of the Tax Cap should be included. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the Board unanimously agreed to enter into an Executive Session to discuss employment history of particular persons. EXECUTIVE SESSION Employment History of Particular Persons On motion of Councilwoman Seligson, seconded by Councilman Odierna, the Board unanimously agreed to reenter Work Session. NEW BUSINESS Retirement Incentive, Police & Career Fire Fighters The Town Board discussed the benefit of a retirement incentive for Police Officers and Career Firefighters. The Board reviewed a memo prepared by Mr. Altieri titled Salary/Benefit Comparison, Starting vs. First Grade Police Officers and Firefighters . The Board would like Mr. Altieri to present this to the two Departments. A resolution authorizing the incentive is on the Regular Agenda for this evening. Mr. & Mrs. Ploumis, Myrtle Boulevard & Preston Street Supervisor O’Keeffe brought to the Board’s attention an issue whereby the Ploumis’ have issued a lease to their tenant on Myrtle Blvd allowing them to park their car on the Town right-of-way along Myrtle Blvd. Mr. Altieri will be meeting with the tenants and the Ploumis’ to discuss the situation. Reschedule Town Board Meetings for November and December The Board discussed moving the November 16 Board Meeting to November 17 and the December 19 Board Meeting to December 14. This item was put on the Regular Meeting agenda. 4 November 2, 2011 CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O’Keeffe at 8:45PM, 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 Seligson, the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O’Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: David J. Fishman 1. FIRE CLAIMS Commissioner Odierna presented fire claims for authorization of payment, thereafter on Commissioner Odierna’s motion, seconded by Commissioner Wittner, it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller’s Office: AAA Emergency Supply Helmet and Booster Pump Repair 519.00 Amazon.Com Wireless Pointer and Mouse 130.08 Atlantic Westchester Filters for PM 207.12 Automobile Sportwear Inc. T-Shirts for Fire Dept. Open House 2,731.00 Brewer Glass Cutter 4.49 Cablevision Cable Service 10/23-11/22/11 117.89 Clean Air Co. Repair of Exhaust System 1,378.00 Drinx Unlimited Inc. Beverage Refills 192.80 Emergency Medical Products Epipens 207.98 Firemen's Assoc. of NYS Department Dues 2012 100.00 Minerva Cleaners Uniform Maintenance 191.50 National Volunteer Fire Council Membership Dues for 3 Chiefs 45.00 NYS Association of Fire Chiefs Department Dues 2012 220.00 Poland Springs Water Oct. Water Cooler Rent 45.98 R & L Consulting Software Packages for Office 120.00 Robert's Department Store Rain Gear 148.00 Sam Gioseffi Interior Painting of Fire House 4,500.00 Smith El-Dis-Co Compact Fluorescent Lamps 148.56 Town of Mamaroneck P.F.F.A. Contribution to Renovation of PFF Kitchen 2,500.00 United Communications Corp. Minitor IV Repair 12.50 Winged Foot Golf Club Inspection Dinner Oct. 7, 2011 6,865.80 W.J.W.W. Water Service 6/30-12/31/11 200.00 Total: $20,585.70 5 November 2, 2011 The above resolution was put to a roll call vote: Commissioner Fishman Aye Commissioner Seligson Aye Commissioner Odierna Aye Commissioner Wittner Aye Commissioner O’Keeffe Aye 2.Other Fire Department Business th Commissioner Wittner noted that Fire Council will meet on November 7. 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.Authorization – Transfer of Funds – Highway Department On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of $5,000.00 from the Highway Fund Budget Account DB5110.4233 (Sidewalks) to Highway Fund Budget Account DB51104232 (Road Resurfacing). The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 2.Authorization – Transfer of Funds – Tree Fund WHEREAS, the Town maintains a trust fund to accept donations for street trees and also for the receipt of fees related to the Town’s Tree Law, and WHEREAS, in order to fund the fall tree planting program the Town must transfer the necessary funds. NOW THERFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of $4,600.00 from Trust Fund A. 0000.5041 to Budget Account A85-10.4178. 6 November 2, 2011 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 3.Update – Property Reassessment Project – Authorization for Town Administrator to Execute a Contract with GAR Associates Mr. Altieri gave an update on the Reassessment Project. Letters will be mailed to property owners within a few weeks. The initial letter will include a Property Inventory Form to be completed by the property owner. The informational workshops are set to begin the first week of December, with data collection beginning shortly thereafter. Mr. Altieri stated that the Town Board at the previous Town Board Meeting approved awarding the Reassessment Project to GAR Associates. The details of that Agreement have been finalized with the Town Attorney and the attorney for GAR Associates and should now be executed. On motion of Supervisor O’Keeffe, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize, effective November 1, 2011, the Town Administrator to execute an Agreement between the Town of Mamaroneck and GAR Associates in association with reassessing the real property in the Town of Mamaroneck. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 4.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: CVS Albany, LLC 21-25 Chatsworth Avenue Larchmont, NY 10538 Block: 614 Lot: 181 Town of Mamaroneck/Village of Larchmont Year Assessment Reduced Assessment 2004 $51,000 $50,000 2005 $51,000 $50,000 2006 $51,000 $48,000 2007 $51,000 $48,000 2008 $51,000 $47,000 2009 $51,000 $47,000 2010 $51,000 $46,000 7 November 2, 2011 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 5.Salary Authorizations Temporary Assistant Court Clerk On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Sandi Vanderslice, effective November 3, 2011, a temporary Assistant Court Clerk to cover for Karyn Freder during her four month maternity leave, at a rate of $23.00 per hour. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye Recreation On motion of Supervisor O’Keeffe, 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 POOL – Retroactive October 30, 2011 - (continuous) Katie Ragone Swim Instructor $15/hr Devon Banadonna Lifeguard $8.50/hr Gerard McMullin Key Attendant $8.50/hr HOUSE LEAGUE HOCKEY - Effective October 29,2011 to March 9, 2012 Jason Emery Coach $20/hr Joseph Carducci Assistant Coach $9/hr The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 8 November 2, 2011 6. Reappointment - Board of Assessment Review On motion of Councilwoman Wittner, seconded by Supervisor O’Keeffe, it was RESOLVED, that Glenna Burkley Gray be reappointed as Member D of the Board of Assessment review, and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective (A) immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and (B) shall expire on September 30, 2016. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 7. Approval – Retirement Incentive Plan, Police & Fire On motion of Supervisor O’Keeffe, seconded by Councilman Odierna, the following was approved, WHEREAS, the town of Mamaroneck has determined that ever-increasing costs necessitate an effort to consider a range of possibilities for reducing Town expenditures; and WHERAS, the Town of Mamaroneck has determined that offering a retirement incentive plan to employees in the bargaining units represented by the Town of Mamaroneck PBA, Inc. (the “PBA”) and the Town of Mamaroneck Professional Firefighters’ Association (the “PFFA) is a way to reduce the Town’s future expenditures. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board of the Town of Mamaroneck hereby approves the terms and conditions of the Voluntary Retirement Incentive Plan (“the Plan”) negotiated between the Town and the PBA and the Town and the PFFA in the forms attached hereto, which conditioned upon, among other things, eligible PBA and PFFA unit members resigning their employment on December 30, 2011, and BE IT, FURTHER RESOLVED, that the eligible employees shall have until December 13, 2011 to elect to participate in the Plan, and that the Plan shall have no precedential effect, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized on behalf of the Town to enter into the Plan in the form attached hereto, and take any and all actions he deems necessary to implement and carry out the Plan. 9 November 2, 2011 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 8. Change of Date – Town Board Meetings On motion of Supervisor O’Keeffe, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby approve changing the November 16, 2011 Town Board Meeting to November 17, 2011 and the December 19, 2011 Town Board Meeting to December 14, 2011. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye ORAL COMMUNICATIONS Bryan Rohman, of the Larchmont Gardens’ Civic Association, addressed the Board. Mr. Rohman noted the wonderful Rag-a-Muffin Parade held by Larchmont Gardens’ Civic Association. Mr. Rohman then thanked the Police for all their efforts. The Board briefly discussed the situation regarding residents without power due to the recent snow storm. Mr. Altieri stated that residents should be back in service by midnight tonight. Mr. Rohman stated that Nancy Bresler a resident on Falls Road has noted that there are many trees along the Brook that need to be trimmed. Mr. Altieri responded that it would be very helpful if Ms. Bresler could give the Town specific street addresses and they will gladly take care of the trees. Mr. Rohman stated that the phone notification is working really well, adding that residents are learning to expect it. Mr. Rohman also noted that during the storm, the management of the water flow was very good. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Fishman attended the Zoning Board Meeting last week, adding it was a record breaker, closing at 11:30PM. Councilman Fishman stated that the Housing Authority is looking to schedule their year-end meeting sometime over the next ten days. Councilman Fishman thanked the Town and the Highway crew for their quick reaction to the storm damage on Edgewood Avenue; there were multiple sections that had downed trees and wires. Councilwoman Seligson noted the absolutely adorable children marching in the Larchmont Gardens’ Civic Association’s Rag-a-Muffin Parade. Councilwoman Seligson attended, with Supervisor O’Keeffe, the meeting of the Town, Village and School, adding this is a most important group that meets. Councilwoman Seligson encouraged residents to participate in the Medicine Take Back Day, a national event to encourage 10 November 2, 2011 th the proper disposal of medicines. Congratulations go out to Village Paint on their 50 Anniversary, Councilwoman Seligson stopped in on their celebration last weekend. Councilwoman Wittner noted she weathered the storm quietly and with power! The Coastal Zone Management Commission Meeting was postponed and will meet again at the end of November. Councilman Odierna stated that those with power should count their blessings as he has relatives in Connecticut who are still without power. Councilman Odierna noted the all day budget work session, adding that the Town Board is always looking for input and guidance. Updates on proposed cuts and changes in services will be on the Town Website, as well as dates for upcoming budget work sessions. SUPERVISOR’S REPORT Supervisor O’Keeffe noted that the Town and Village of Larchmont have a Joint Garbage Commission. The Town and Mayor Mandel have been discussing a possible accommodation to how garbage is collected, emphasizing that the Town is working in a vacuum if residents don’t speak up. The Town is trying to achieve a budget that is within the Tax Cap, but if the savings achieved are so unpalatable to the residents the Town needs to know that. APPROVAL OF MINUTES On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Town Board Minutes from the meeting of October 19, 2011. ADJOURNMENT On motion of Supervisor O’Keeffe, seconded by Councilwoman Wittner, the meeting was unanimously adjourned at 10:00 PM ________________________________ Submitted by Christina Battalia, Town Clerk 11