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
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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
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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
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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
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November 2, 2011
RETURN TO ITEM #3
2012 Preliminary Budget
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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.
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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
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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
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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.
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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
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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
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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.
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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
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November 2, 2011
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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
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