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HomeMy WebLinkAbout2011_12_14 Town Board Minutes December 14, 2011 TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY, DECEMBER 14, 2011 REVISED THE TOWN BOARD WILL CONVENE – at 5:00 PM, In Conference Room A to discuss Boards and Commissions, Ethics Law, Organizational Meeting, 2012 Town & Fire District Budget REQUEST FOR EXECUTIVE SESSION to discuss Employment History THE TOWN BOARD WILL RECONVENE – at 8:00PM in the Court Room CALL TO ATTENTION – Location of Exits PUBLIC HEARING – 1. Adjourned Public Hearing - 2012 Town of Mamaroneck Preliminary Budget 2. Adjourned Public Hearing - 2012 Town of Mamaroneck Fire District #1 Budget BOARD OF FIRE COMMISSIONERS 1.Adoption – 2012 Town of Mamaroneck Fire District #1 Budget 2.Other Fire Department Business AFFAIRS OF THE TOWN 1.Adoption of the 2012 Budget 2.Authorization – Transfer of Funds – Baldwin Avenue Pump Station 3. Set Public Hearing – Amendment to Ethics Law APPROVAL OF MINUTES - November 17, 2011 ORAL COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERK’S REPORT NEXT REGULARLY SCHEDULED MEETINGS – January 4, 2012 January 18, 2012 – Conference Room C Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 December 14, 2011 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON DECEMBER 14, 2012, 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 Councilman Odierna, seconded by Councilwoman Wittner, the Work Session was unanimously opened at 5:00PM. ADDED ITEM Revaluation The Town Board reviewed a letter to be mailed to residents regarding the current revaluation. Councilwoman Seligson noted she had some additional changes she would like to make, adding the tone of the letter needs to be friendlier. Councilman Odierna asked if there were any updates on whether the Villages’ will be participating in an amnesty program. Mr. Altieri stated that it appears the Villages’ will participate, but will not be waiving the permit fee. Boards and Commissions The Board reviewed a spreadsheet prepared by Ms. Battalia outlining the expiring terms for various Boards and Commissions. The Board Members will follow up with various Appointees to determine their continued interest in serving their respective Boards. The Town Clerk will speak with the Village Clerks’ to get various Village appointments up to date. The Board would like to disband the Historic Records Committee and asked Mr. Maker to look into the process the Town should follow in order to accomplish that. The Board also discussed reducing the number of members to the Planning Board from seven to five, and asked Mr. Maker to look into the legality of such a change. On motion of Councilwoman Seligson, seconded by Councilman Odierna, the Board unanimously agreed to enter into an Executive Session to discuss the Employment History of Particular Persons. EXECUTIVE SESSION Employment History of Particular Persons 2 December 14, 2011 On motion of Councilman Odierna, seconded by Councilwoman Wittner, the Town Board unanimously agreed to reenter Work Session. 2012 Preliminary Town and Fire District Budgets The Board reviewed Mr. Altieri’s most recent memo dated December 14, 2011 regarding the Budget. Mr. Altier’s letter notes that due to positive changes the Proposed Town Budget for 2012 is well within the allowable tax cap, adding the Town will not need to enact legislation to override the tax levy limit. Additionally, just last evening the Town received clarification from the New York State Comptroller’s Office and the Office of Taxation and Finance that the Town Budget and the Fire District Budget can be presented and submitted as one consolidated document. The Board reviewed a spreadsheet of the tax cap formula under the consolidated format and a spreadsheet outlining the proposed changes to the 2012 Budget since the Public Hearing. These will be presented to the public during the Regular Town Board Meeting this evening. CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor O’Keeffe at 8:15PM, she then pointed out the location of the exits. Supervisor O’Keeffe welcomed Josh Mandel, Village of Larchmont Mayor, Abby Katz, Councilwoman Elect and Ron Meister, Zoning Board Member. Supervisor O’Keeffe noted the agenda items discussed during Work Session, reiterating to the audience that the Work Session is open to the public. Josh Mandel, Village of Larchmont Mayor, presented Supervisor O’Keeffe with the following proclamation: PROCLAMATION WHEREAS, Valerie Moore O’Keeffe has played a significant role in the history of the Town of Mamaroneck, from the moment she set foot into the government arena as Councilwoman in 1994; and WHEREAS, Valerie’s name became a household word in the Town during her six-year tenure as Councilwoman, and through her notoriety and dedication to serving the residents of the Town of Mamaroneck, she was elected to the post of Supervisor of the Town of Mamaroneck in 2000; and WHEREAS, Valerie has had a career full of challenges, including her efforts to preserve the open space of the Bonnie Briar Country Club, to keep the mega-store IKEA from going forward with plans to construct a new facility in New Rochelle, and to clean-up Long Island Sound; and WHEREAS, in addition to all of the challenges she has faced, Valerie has worked diligently towards improving the quality of life for those around her, such as her efforts during the creation of the Hispanic Resource Center and the Town’s Affordable Housing projects, for trying to find more open space for public playing fields, and for limiting the spread of large- sized homes in her community; and WHEREAS, Valerie’s management style and sense of humor has been a hallmark of Town Council meetings, often making them the highest ranked show on LMC-TV; and WHEREAS, through it all, Valerie has lead the Town Board, and the residents of our community, with dignity, grace, and respect for everyone’s right to voice their opinion and suggestions to their elected officials; 3 December 14, 2011 NOW, THEREFORE, I, Joshua L. Mandell, Mayor of the Village of Larchmont, do hereby proclaim Thursday, December 15, 2011, not only as Estimated Tax Day in the State of New York, but VALERIE MOORE O’KEEFFE DAY in the Village of Larchmont. As she returns to her private life and retires from public service, I join my fellow Board members in thanking Valerie for all she has done for the residents of the Town of Mamaroneck. She understands the meaning of “local” government and that knowledge has allowed her to make great strides in her political career. We are very grateful to Valerie for the job she has done, and proudly extend our hands to her in acknowledgment of her fine achievements. Valerie may be leaving her seat on the Town Council, but her legacy will live on forever in our community. PUBLIC HEARING (S) – 2012 PRELIMINARY TOWN BUDGET 2012 FIRE DISTRICT #1 PRELIMINARY BUDGET The following Notices of Public Hearings are entered into the record as follows: NOTICE OF PUBLIC HEARING ADJOURNED TO DECEMBER 14, 2011 2012 PRELIMINARY BUDGET TOWN OF MAMARONECK, NEW YORK 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 14, 2011, at 8:00PM 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, 2012 and ending December 31, 2012. All citizens are invited to attend and provide the Board with written and oral 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 $82,000 and the Town Justices (2) $21,000. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Christina Battalia Town Clerk Published November 29, 2011 PUBLIC HEARING ADJOURNED TO DECEMBER 14, 2011 FIRE DISTRICT #1 PRELIMINARY BUDGET FOR 2012 TOWN OF MAMARONECK, NEW YORK NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Board of Fire Commissioners of the Town of Mamaroneck, New York on Wednesday, December 14, 2011, at 8:00 PM 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, 2012 and ending 4 December 14, 2011 December 31, 2012. All citizens are invited to attend and provide the Commission with written and oral comments and ask questions concerning the Fire District’s entire preliminary budget. The entire preliminary budget can be inspected by the public from 8:30 AM to 4:30 PM, 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 BY ORDER OF THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK Christina Battalia Town Clerk Published November 29, 2011 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearings were unanimously reconvened. Mr. Altieri presented a power point outlining the current 2012 Proposed Budget as follows: Budget Overview The table below illustrates the changes in the budget since the preliminary hearing 2012 2012 Proposed Preliminary Change % Change Adopted Budget Budget Appropriations 31,340,888 31,236,123 (104,765) (<1%) Non-Tax Revenue 9,051,883 9,051,883 0 0 Reserve App. 840,000 840,000 0 0 Tax Levy 21,449,005 21,344,240 (104,765) (<1%) The reduction in appropriations is attributable to the reduction in operating expenses as a result of our retirement incentive plan offered to Police and Career Firefighters. Reductions in salary and other compensation are now reflected in both the Part Town and Fire District Budget. The second table illustrates the changes in the budget over 2011. 2012 Proposed 2011 Change % Change Adopted Budget Appropriations 30,483,132 31,236,123 752,991 2.5% Non-Tax Revenue 8,908,562 9,051,883 143,321 1.6% Reserve App. 820,000 840,000 20,000 2.4% Property Tax Levy 20,754,570 21,344,240 589,670 2.8% Taxable 150,621,950 147,682,978 (2,938,972) (1.9%) Assessments As a result of the changes in appropriations and tax levy, the property tax impact is as follows: Village Residents will see an increase of about $5.60 in their Town taxes. This is unchanged from the Preliminary Budget presented at the public hearing. For unincorporated area residents the average property tax bill will increase by $266 or 4.7% over 2011. The 2012 Preliminary Budget proposed a tax increase of $351.00 or 6.1%. Supervisor O’Keeffe asked if anyone wished to comment on the proposed Local Law. 5 December 14, 2011 Councilman Odierna thanked David Fishman for his insistence that the Town stay within the tax cap. He thanked Mr. Altieri, Mr. Siligato and Mary Stanton for the savings they were able to coordinate and achieve. Councilman Odierna again stated how much he wished there was more resident input. Councilman Fishman was glad the Town was able to reinstate two out of three crossing guards. Councilman Fishman thanked Steve for the money he has saved with the retirement incentives, adding those are savings the Town will reap well into the future. Councilman Odierna interjected that currently the guards are still in effect during lunch, but that will be discussed further at a future date. Councilwoman Seligson was glad that after discussion with residents and representatives from the PTA agreement was reached on eliminating the crossing guards for the after school activities. Councilwoman Seligson emphasized that this budget was gone through line by line, adding this was the closest and most involved the Town Board has ever been. Councilwoman Seligson emphasized that the Town budget is only 20% of residents’ tax bills, adding the remainder is out of the Town’s control. Councilwoman Wittner stated she did not feel compelled to stay within the tax cap as it was an arbitrary imposition from the State. Councilwoman Wittner was glad to see the reinstatement of the crossing guards. Councilwoman Wittner noted that the Town still needs to get input from residents’ regarding garbage collection, noting the comments made by the resident this evening. Mr. Altieri noted the reduction in the number of Town employees from 127 full-time positions to 135 in just two years. Supervisor O’Keeffe thanked Mr. Altieri and Mr. Siligato, adding that not every municipality has the quality and talent that the Town has. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearing was unanimously closed. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following was approved, WHEREAS, on October 19, 2011 the Budget Officer submitted to the Town Clerk, the Town Supervisor and Town Board the 2012 Tentative Budget for the Town of Mamaroneck, and WHEREAS, on October 26, November 2, November 9, November 17, December 7 and December 14 of 2011 the Town Board held public work sessions to consider amendments and changes to the Tentative Budget, and WHEREAS, on December 7, 2011 the Town Board held a Public Hearing on the 2012 Preliminary Budget for the Town of Mamaroneck, and WHEREAS, on December 14, 2011 an amended 2012 Preliminary Budget was submitted to the Town Board as outlined in a memorandum from the Town Administrator/Budget Officer dated December 14, 2012 and presented to the Public during the Town Board Meeting of December 14, 2011. NOW THEREFORE, BE IT RESOLVED, that the Town Board does hereby adopt the revised 2012 Preliminary Town of Mamaroneck Budget as the final operating budget for 2012. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 6 December 14, 2011 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 2.Other Fire Department Business Commissioner O’Keeffe noted that during the previous Public Hearing the Fire District # 1 2012 Budget was adopted in consolidation with the Town Budget. Commissioner Wittner noted that the Commission has received and accepted the Officers for 2012 as follows: Chief of Department Brendan Collins st 1 Deputy Chief Joseph Russo nd 2 Deputy Chief Noah Goldberg Department Secretary Greg Hibbard Financial Secretary Paul Tortorella Treasurer David Maisel Surgeon Dr. Peter Kingham Chaplains Mgsr. Thomas Petrillo Father Salvatore DeStefano Sergeant At Arms Peter Perciaseppe Department Attorney Theodore Hecht Engine 36 Captain Thomas Broderick Lieutenant (vacant) Engine 37 Captain Paul Tortorella Lieutenant Andrew Siano Engine 51 Captain Greg Hibbard Lieutenant (vacant) Ladder 19 Captain Dennis Delborgo Lieutenant John Pierce Councilwoman Wittner reminded residents of the Fire Department’s Annual Toy Drive. 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 3.Adoption of the 2012 Budget The adoption of the 2012 Town Budget took place during the Public Hearing as reported above. 7 December 14, 2011 4.Authorization – Transfer of Funds – Baldwin Avenue Pump Station Mr. Altieri explained that the transfer of these funds was originally proposed to the Town Board in connection with the rebuild of the power generator for the sewer pump station to be $705.00. It has since been discovered during the rebuilding of the generator that a direct replacement does not exist. Therefore, the contractor will need to re-fabricate the cabinet that houses the alternator along with the mounting legs for the cabinet. The total cost for the project will now be $15,000.00 as opposed to the original quote of $11,000.00. Although higher than expected it is still much lower than the cost of a new generator which was estimated at almost $50,000.00. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the amended transfer of funds as follows: TOWN BOARD AMEND CAPITAL PROJECT & BUDGET - BALDWIN AVENUE PUMP STATION 12/14/2011 MEETING (SANITARY SEWERS) CAPITAL PROJECTS FUND (FUND H): AMEND BUDGET: EXP H.8120.0400.5002 BALDWIN AVENUE PUMP STATION $ 4,005.00 REV H.0000.5036 TRANSFER FROM SEWER DISTRICT $ 4,005.00 (CAPITAL PROJECT #29-08) (Increase project budget with $4,005 transferred in from the Sewer District Fund Balance - to provide funding for the pump station generator rebuild) SEWER DISTRICT FUND (FUND SS): AMEND BUDGET: EXP SS.9900.9950 TRANSFER TO CAPITAL PROJECT $ 4,005.00 REV SS.0000.5995 APPROPRIATED FUND BALANCE $ 4,005.00 (Increase budget with $4,005 Appropriated Sewer District Fund Balance - to be transferred to Capital Fund - Project #29-08) The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 8 December 14, 2011 3. Set Public Hearing – Amendment to Ethics Law Mr. Maker that periodically the Town reviews the Ethics Law. Recently a number of items have come to the Town’s attention. Specifically this amendment would update and add titles to the list of employees in “sensitive positions” which previously were not on that list. Additionally, the current ethics law makes a violation of the law a criminal offense. Since any major violation of the ethics law would also violate the New York State Penal Law, the Town Board determines that duplication of criminality to be unnecessary. Finally, this amendment adds a new section to the law designed to regulate, through procedures contained in the Town’s Administrative Manual, employees who may do “outside” work for the Town (e.g., an employee being paid to do electrical work at a Town-owned building). On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Update to the Town’s Ethics Law” law, for January 18, 2012 at 8:00PM 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. APPROVAL OF MINUTES – November 17, 2011 On motion of Councilwoman Wittner, seconded by Supervisor O’Keeffe, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the Meeting of November 17, 2011. ORAL COMMUNICATIONS Abby Katz of the Larchmont Gardens’ Civic Association addressed the Board. Ms. Katz noted that this will be her last time addressing the Board on behalf of the Association. Ms. Katz on behalf of the Association thanked Supervisor O’Keeffe for always listening, adding she may not always have agreed, but always listened. Ms. Katz noted how wonderful it always is to her Valerie’s stories, adding she is such a wealth of knowledge and brings a wonderful small town feeling to our community. Ms. Katz hopes Valerie enjoys her retirement. Mr. Cammer of Little Farms Rd, came this evening to bid farewell to Valerie, adding he could not let this moment pass with saying something. Although, they did not always share the politics, he has the utmost admiration for Valerie, noting her dedication, good humor and the ability to work with people. Valerie will be missed tremendously, especially her incredible wit. WRITTEN COMMUNICATIONS None SUPERVISOR’S REPORT Supervisor O’Keeffe noted the passing of the former Deputy Supervisor Lee Bloom at the age of 92. Mr. Bloom grew up in New Rochelle and graduated from MIT. He attended Harvard Law School were upon completion he began a 36 year career as General Council to Lever Brothers. Mr. Bloom had a long career in service to his 9 December 14, 2011 community, most notably with the Unite Nations. Mr. Bloom was tireless in his giving of his time to others and was a great public servant. Supervisor O’Keeffe thanked the Board Members, the Town Administrator, the Town Clerk and Town Attorney individually for working with her over the years. The Board Members mutually thanked Valerie for all her service. ADJOURNMENT On motion of Supervisor O’Keeffe, seconded by Councilwoman Wittner the meeting was unanimously adjourned at 10:00PM ________________________________ Submitted by Christina Battalia, Town Clerk 10