MINUTES OF TOWN BOARD MEETING HELD ON NOVEMBER 14, 2011 1 ` A meeting of the Town Board of the Town of Lewisboro, Westchester County, New York, was held on November 14, 2011 at 7:30 p.m. at the Lewisboro Library, 15 Main Street, South Salem, New York.
PRESENT: Supervisor - Charles Duffy Councilmen - Peter DeLucia, Frank Kelly, John Pappalardo, Daniel Welsh Town Clerk - Kathleen G. Cory
Also attending was Facilities Maintenance Manager Joel Smith, Attorney for the Town Jennifer Herodes, Police Chief Frank Secret, Lieutenant Doug Maccrae, Town Engineer Ryan Coyne.
Mr. Duffy called the meeting to order at 7:42 p.m.
PLEDGE OF ALLEGIANCE
Supervisor Duffy led the Pledge of Allegiance to the flag.
PUBLIC COMMENT PERIOD
Budget
Peter Parsons of Elmwood Road addressed the Board regarding the budget. He asked for an explanation of the cuts that were made.
Jan Andersen of Orchard Drive complimented everyone on the prompt removal of election signs. She also commented on the proposed budget. She said it was helpful to see the benefit costs by department, added that she wanted last year’s spending on the spreadsheet. Ms. Andersen also commented that all part-time employees should get the same benefits. She noted that the Town Board members get health benefits and suggested the Board look at whether that is fair to all the part-time employees. She also noted that it was said that if someone asked for a raise it was included. She felt the Board should look at raises based on merit and on the skills or position that is required compared to other towns, not just because someone asked for it.
Mr. DeLucia asked her if she was under the impression that just because someone asked for a raise they would get it. The raises were in the tentative budget but the Board has to discuss it.
Ms. Andersen also noted that some departments spoke of manual labor tasks such as stuffing envelopes for dog licenses or tax bills. She said one project to take on would be for each department to review manual tasks and find ways to automate them.
CONSENT AGENDA
On motion by Mr. DeLucia, seconded by Mr. Kelly the Board voted to approve meeting minutes and to receive departmental reports.
MINUTES OF TOWN BOARD MEETING HELD ON NOVEMBER 14, 2011 2
THE VOTE: Yes - Duffy, DeLucia, Kelly, Pappalardo, Welsh (5) No - None (0) Absent - None (0)
MINUTES – Approved
On the above motion and second the Board approved the minutes of the September 26 and October 11, 2011 Town Board meetings.
REPORTS – Monthly
On the previous motion and second the October reports from Building, Planning and Police Departments were received and filed.
EXECUTIVE SESSION – Employment History of Particular Person
On motion by Mr. Duffy, seconded by Mr. Kelly the Board voted 5-0 to go into executive session to discuss the employment history of a particular person. On motion by Mr. DeLucia, seconded by Mr. Kelly the Board voted 5-0 to come out of executive session.
TOWN OFFICIALS AND EMPLOYEES – Promotion of Police Officer Charles Beckett POLICE DEPARTMENT
On motion by Mr. Duffy, seconded by Mr. Kelly the Board voted as follows:
THE VOTE: Yes - Duffy, DeLucia, Kelly, Pappalardo, Welsh (5) No - None (0) Absent - None (0)
RESOLUTION
RESOLVED, that the Town Board does hereby promote Police Officer Charles Beckett to the in- house position of Lieutenant.
POLICE DEPARTMENT – Reduction of Roster of Police Officers
Mr. Duffy noted the Police Chief is recommending the hiring of a full-time police officer. Mr. Duffy said he fully supports the suggestion and asked Chief Secret to come back in a week with a revised budget to include the cost of a full-time officer. Mr. DeLucia said it is a great opportunity to have a full-time officer. He said the former Chief, Drew Marchiano had spoken to the Board about bringing one or two full-timers on. He said it will provide consistency and will be good for the community. Mr. Kelly said it comports with the tenor of the Board and what they have been trying to do for the past few years.
On motion by Mr. Duffy, seconded by Mr. Welsh the Board voted as follows:
MINUTES OF TOWN BOARD MEETING HELD ON NOVEMBER 14, 2011 3
THE VOTE: Yes - Duffy, DeLucia, Kelly, Pappalardo, Welsh (5) No - None (0) Absent - None (0)
RESOLUTION
RESOLVED, that the Town Board does hereby reduce the part-time police officer roster by three officers with the least seniority effective November 15, 2011. The affected part-time officers are Drew Conetta, James Stradley and Rhonda Wallach.
CODE - Public Hearing and Adoption of Proposed Amendment To Chapter 212-25 re Stop Signs on Mead Chapel Road.
The public hearing was called to order. There was no objection to the time or form of the public notice. (Copy of notice attached.)
Mr. Duffy said in conjunction with the paving of Chapel Road the Board decided to incorporate some stop signs.
Paolo Gentile Polese said he was a new resident of Chapel Road and the stop sign will be on the corner of his property. He said he is opposed to the paving of the road. He noted there is a stop sign at the end of Rockshelter Road and already people ignore it. He said the best solution is to install speed humps.
Mr. DeLucia asked the Town Engineer Ryan Coyle and the Highway Superintendent Peter Ripperger to address that issue because the Board has considered the items he suggested.
Mr. Ripperger explained that the paving project has been two years in the making. He said the Town had a group from Pennsylvania State University come and study the road as well as the New York City Department of Environmental Protection. The main reason for blacktopping Chapel Road is safety. Mr. Ripperger said they came to the conclusion to pave Chapel Road for safety reasons. Mr. Ripperger said speed bumps are out, speed humps are used in certain areas but the topography and distance on Chapel Road is not conducive to speed humps. They can’t be installed on certain areas as sight distance and grade must be considered. All the drainage has been improved. For safety reasons it was decided to install stop signs. Mr. Pappalardo clarified that in the proposed stop sign location speed humps are just not feasible. Mr. Ripperger agreed. Mr. Pappalardo asked if there was a spot for the speed humps if the stop signs don’t control traffic. Mr. Ripperger said yes adding that there are other avenues that can be explored. He said he has contacted the school district as he feels the school buses use the road more than they should and that has to stop.
Mr. Welsh said it sounds as if this is something the Board wants to continue to work on. He suggested forming a citizen task force to work with the neighbors on issues such as “would the neighbors prefer the speed humps.” Mr. Ripperger noted there have been issues with speed humps in other locations where they had to be removed. Mr. Ripperger said everyone has to look at what they legally can do. Mr. Kelly clarified that design specifications for speed humps require a certain sight distance. Mr. Coyne said they require sight distance and warning signage. MINUTES OF TOWN BOARD MEETING HELD ON NOVEMBER 14, 2011 4
He said there are pros and cons to whatever measures are taken. Speed bumps are illegal in New York State. Some towns have installed speed humps and enacted legislation to try to deter them and limit them only to small residential cul de sacs. There are reasons why you would not want to put them in certain locations on Chapel Road. However there are areas where you probably could put them. There’s no automatic right answer on what to do there. We can project that speed and traffic volume may go up. After paving we can put the speed trailer out there and see where problems actually are.
Mr. Welsh said he had seen an example of signs that warn of pedestrians or cyclists. He said it would be good to sit down with a group of residents and discuss it.
Janet Heneghen, 1 Kings Grant Way said she is not a proponent of paving the whole road. She said she didn’t think the Town Board understands the incredible amount of through traffic and excessive speeds on Chapel Road. She said paving will make it easier for traffic to go faster.
Mr. DeLucia said advice from emergency services that the road is difficult to traverse under certain conditions and they could have difficulty responding was considered by the Board in deciding to pave the road.
Mrs. Heneghen said she has given up fighting the paving. After further discussion she said the neighbors would like to participate in the task force. Mr. DeLucia added that the Board has heard that the dirt road has not deterred speeders and the stopping distance on a dirt and gravel road is very poor compared to a paved road. He agreed that the Board needs to explore all safety measures. He said striping of the road is a necessity.
Mr. Ripperger said the Penn State Dirt and Gravel Road Commission looked at all 13 miles of dirt roads. The Department of Environmental Protection came up and looked also. Their feeling was to seal that road, blacktop it, their main concern being the influx of the debris that was being washed off the road, tons and tons of it being washed off the road. They put the Town under a lot of restrictions to pave it, and there are a lot of things that must be done in the spring.
Mr. Kelly confirmed that the traffic calming devices come out of the New York State Traffic Safety Design Manual, based on the Federal manual, all of which are based on millions of dollars of research.
Debbie Landsberg said she agreed with Janet Heneghen. Ms. Landsberg said she has three children and was not in favor of paving. She said there are people who are not aware of pedestrians and speed on the curves. She said putting the stop signs will not curb speeding, and the blind spots are very dangerous.
Stuart Mann said he lives at 67 Chapel Road. He urged the Board to consider the speeding on the flat part of the road. He said he is in favor of the paving, noting that he is a bicycle rider. He also noted the depositing of dust and debris that washes off the road. His wife said she was also in favor of the paving. Mr. DeLucia noted that the flat spot on the road might be an area where a speed hump could be installed.
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Michael Heneghen said he was dismayed to hear the road would be striped. Mr. DeLucia noted that is a state requirement, noting newly paved roads in other towns have been striped. The Board is not looking to make a road a “highway”, but to make it as safe as it can. The Board has to make sure that whatever measures are required are taken. Mr. DeLucia added that the Town Board needs to be certain there is a police presence on the road for the first few weeks after paving.
Dorothy Moore asked if two cars could fit on each side of the line in the road. Mr. Duffy said there were issues with the width of the road and that was one of the variances needed from the DEP. The Town couldn’t widen the road to the legal width. Mr. Ripperger said the Federal government wants connector roads to be lined, otherwise the Town will lose Federal funding. He added that some Town roads are narrow and the Town only owns the travelled way. He stressed that no one wants to force lines on the residents, but he wants to be sure the roads are safe.
Mrs. Moore if it has to be lined then we need a road that can accommodate the lines.
Charles Hubbard of 55 Chapel Road, said he lives in a 200-year old house and the road has been there 300 years. He gave his thanks to the Highway Department for their work on the road. He asked that there be as little change as possible, and said he echoed the thought that there should be much more neighborhood involvement. He noted everyone disregards speed limits but you can’t disregard a speed hump. He asked how the Board intends to control the traffic.
On motion by Mr. Duffy, seconded by Mr. DeLucia, the Board voted 5-0 to close the public hearing.
Mr. Welsh said he was not enough of an expert to say the stop signs are the perfect, final measure. He recommended putting them in and if they are not a positive solution they can be removed. Mr. Duffy said Mr. Hubbard’s advice was good--with recent storms Mr. Duffy said he has travelled the road.
Mr. DeLucia urged the residents who are concerned to submit their suggestions. If there are concerns about a blind spot, a turn, another stop sign, send it to the Highway Superintendent and he will petition the Board to make the change to the Code.
Mr. Pappalardo said he felt the Board was at a starting point. The Board has done its due diligence and welcomes the input from the area residents. He urged them to reach out to the Board members with any suggestions. Mr. Kelly said he agreed.
On motion by Mr. DeLucia, seconded by Mr. Duffy, the Board voted as follows:
THE VOTE: Yes - Duffy, DeLucia, Kelly, Pappalardo, Welsh (5) No - None (0) Absent - None (0)
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RESOLUTION RESOLVED, that the Town Board does hereby adopt Local Law No. 6 – 2011 to amend Chapter 212-25, Schedule IV to add stop signs east- and west-bound on Mead Chapel Road at the intersection with Rockshelter Road. (Copy of Local Law attached.)
CODE – Public Hearing and Adoption of Proposed Amendment to Section 220-41.1 (K) 1 (h)
The Supervisor called the public hearing to order. There was no objection to the time or form of the public notice. (Copy attached.) Mr. Duffy introduced Jordan Frye as an attorney representing Verizon. Jan Andersen suggested that for flexibility the language could read 12-month period or portion thereof. Mr. Welsh said his greatest concern was to “light a fire” under Verizon. Mr. Duffy said the Board will consider the suggestion. Attorney Jennifer Herodes suggested if the Board doesn’t need the 12-months they don’t have to grant approval for the full 12-month period.
On motion by Mr. DeLucia, seconded by Mr. Duffy, the Board voted 5-0 to close the public hearing.
On motion by Mr. DeLucia, seconded by Mr. Kelly, the Board voted to adopt a negative declaration under the State Environmental Quality Review Law as follows:
THE VOTE: Yes - Duffy, DeLucia, Kelly, Pappalardo, Welsh (5) No - None (0) Absent - None (0)
RESOLUTION
(See attached.)
On motion by Mr. Kelly, seconded by Mr. DeLucia, the Board voted 5-0 to adopt the amendment as follows:
(See attached.)
CELLULAR COMMUNICATIONS – Discussion re Verizon
Mr. Duffy noted the Town Board did an inordinate amount of work to facilitate the construction of a cellular communications tower on Town property. There is now a tower in Vista with A T & T equipment on it. There are many residents with Verizon service who live in the area and have no reception because Verizon has not installed their equipment on the tower.
Mr. DeLucia noted that during the recent October snowstorm his landline Verizon telephone service went out because there was no battery backup in his area for the service. He also found out that Verizon is paying rent on the Vista Fire Department tower but has not installed equipment. The answer is that the company is building out the 4G service first. He said there are residents there who need the service. He told Mr. Frye that the Board is very, very frustrated with Verizon and urged him to relay the message to Verizon. MINUTES OF TOWN BOARD MEETING HELD ON NOVEMBER 14, 2011 7
Mr. DeLucia said the Town had a “freakish” snow storm and landlines went out. The only communication was through cell phones and they didn’t work. The Board urged Mr. Frye to communicate their frustration to Verizon representatives.
BUDGET – Set Public Hearing for 2012 Budget
On motion by Mr. Duffy, seconded by Mr. DeLucia, the Board voted as follows:
THE VOTE: Yes - Duffy, DeLucia, Kelly, Pappalardo, Welsh (5) No - None (0) Absent - None (0)
RESOLUTION
RESOLVED, that the Town Board will hold a public hearing on the preliminary budget for 2012 on December 5, 2011 at 7:30 p.m. at the Lewisboro Library, 15 Main Street, South Salem, New York.
LIBRARY – Request to Share Lightpath Service
Library Director Cynthia Rubino addressed the Board to request that the Library investigate inclusion in the Town’s Lightpath service for communications. The Board members agreed that the Library could be included in the new system. Mr. DeLucia said it shouldn’t cost them anything to be connected.
BUDGET – Review of Highway Department Budget
Highway Superintendent Peter Ripperger met with the Board to review his department’s budget requests for 2012. Mr. Ripperger said he is shocked to learn what is happening to his budget. He presented information regarding current expenses.
He noted that there is revenue shown for sale of used equipment, and he doesn’t have any equipment to be sold. Mr. Duffy said he thought there might be old vehicles that could be sold.
Mr. Ripperger noted that there was revenue shown in the CHIPS line which he felt might create a false sense of revenue since the money may not come in. Mr. Duffy noted it was also entered as an expense.
Regarding the loss of another employee, Mr. Ripperger said he didn’t understand why another person was being laid off. He felt they had done well controlling snow removal with the existing crew. He said he didn’t understand why another person would be let go, and he did not agree with that. He noted the budget for overtime at $30,000 was removed. He said that would mean no one would go out and remove trees that fall in the road. Mr. Ripperger’s secretary, Mrs. Dimicco noted that without an overtime line the men cannot go out and work after business hours as there is no way to pay them.
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Mr. Duffy said there is still $100,000 in the personal services overtime budget, which is snow removal. Mr. Ripperger said there are two overtime budgets. One is normal overtime, when something has to be done on the roads such as a rock in the road, etc. anytime during the year. The overtime lines were reviewed, Mr. Ripperger noted that they really used all of their funding for that this year. Mr. DeLucia noted that the recent storms have hit all municipal budgets very hard.
The equipment repair line was reviewed. Regarding the budget for oily water recovery, Mr. Ripperger said he will be over-budget for that this year, adding that it is environmental waste and must be disposed of. He said they are $1500 over the normal budget of $10,000. If the winter is bad there will be more oily water. It is environmental waste that has to be picked up.
The Board reviewed the request for $30,000 for a new vacuum truck. Mr. Ripperger said he and the Board had discussed whether to purchase a truck or lease it. He said it would be the same amount of money but spread out over three years.
Mr. Welsh clarified that the current vacuum truck is not in the lease line as the Town owns it. Mr. Welsh told Mr. Duffy that where cuts were made he would like to know the reason why. Mr. Duffy said the Board can keep a list of the things the department heads want restored. Mr. Welsh said there should be a rationale for cutting. When you defer a vehicle you have to be thinking of how you’re going to do without it. The same thing goes for cutting a person. It will take longer to plow with less workers, this is the impact. It is a serious enough change that the Board should take that kind of a look at it.
Mr. DeLucia suggested the Board just go through what’s left, then the Highway Superintendent will petition regarding the position, and then we can see where he can find some savings, where we could put that toward other lines.
Mr. Duffy said the Town has lost hundreds of thousands of dollars in revenue and expenses and is trying to keep the residents from having double-digit tax increases. Peter Ripperger said he put a lot of work into the budget. He has to be diligent and has to justify to the taxpayers and the Town Board and the estimates have to be right-on. He said he is trying to be fair to everyone. But in fairness to everyone, losing another driver and changing the plowing from 9 miles per driver to 11 miles per driver isn’t “going to cut it.”
Reviewing tree work, Mr. Ripperger said they must remove trees that fall in the road. He didn’t think the Board could remove the tree work budget. Mr. Duffy said $15,000 was spent on a pile of wood that had been there for three years. Mr. Ripperger said the Town would not have gotten that tree work done had there not been an arrangement to get the work for free. Mr. Duffy said that $15,000 is cleanup for prior years. We allowed people to use our facility to store their vehicles and we got tree work. If we are going to fit within a budget that the Town can live with we have to have a new norm on what we spend. Mr. Ripperger reiterated that he has to remove trees that fall in the road.
Reviewing the proposed budget for signs and posts, Mr. Ripperger said he is over budget this year, there is a new mandate coming in by 2012 which requires an assessment, and he must have funding to do the required assessment. MINUTES OF TOWN BOARD MEETING HELD ON NOVEMBER 14, 2011 9
Mr. DeLucia said the Board will have to pick and choose in some places where they can possibly save a bit, especially if they retain an employee position. He asked Mr. Ripperger to see what could be done to get back on track.
Mr. DeLucia noted that mandated services need to be provided while still cutting the budget, so the question is where can we find savings. Mr. Ripperger said it would be helpful if the Board said they are looking for a certain percentage of savings.
Mr. Welsh noted that the Town government is one of the lowest-cost governments in the county and there isn’t much “fluff.” He noted that taking the Town of Pound Ridge budget divided by population comes to about $1400 per person. In Lewisboro you would come up with about $800 per person. He noted that adding $400,000 to the budget for road paving would cost each family an additional $100 to insure that roads are paved. He said he thought that was an important context.
Mr. DeLucia said that was simplistic, and if it was a one-time cost that’s one thing. But tax increases build on each other. He said there are things that need to get done but the Board has to be sure they are doing things in the correct way. Mr. DeLucia said the Board knows they have to slowly build back the paving line, but the Town’s finances have taken an unprecedented drop.
Reviewing his budget, Mr. Ripperger said his budget for resurfacing and drainage will be over by $16,000. This year he had $50,000 and by the end of the year will be over by $16,000. Mr. Ripperger noted there are some repair issues on Schoolhouse Road. Between budgeted funds and CHIPS money there will be $165,000.
Mrs. Dimicco noted there are things that can’t get done because there aren’t people working. She said employees get compensatory time and Monday there were two men working. Mowing and sweeping is not getting done because the work takes more men.
Mr. DeLucia said the Board understands it is a priority to keep the manpower, and asked Mr. Ripperger to rank needed items in order of priority.
Mr. Duffy said there were two changes to the budget. Due to an error in the assessed valuation figures used there is now a 2% gap in the budget to make up. The 1% decrease would be a 1% increase. Additionally he had duplicated the amount of the Leon Levy monies inside the budget and there is about $180,000 worth of other savings he needed to find. In order to stay at the minus 1% he has taken the $150,000 from contingent line as was done in 2010 and as we are doing in 2011. He also increased revenues for Parks and Recreation, adding another $25,000 up to $1.3 million to equate with 2010 actuals. The change means the contingency rebuilding isn’t there. There is no way to fix the Town’s structural imbalance without the cuts. Mr. Welsh said there is another way, and that is tax increases. Mr. Duffy said that is something that he would not ever recommend.
Mr. Duffy said he will circulate a memo advising the Board how much of the $11,000,000 budget they have reviewed and how much they still have to review. He will also attach the bond payment schedule. At the next meeting Mr. Ripperger will return with his priorities.
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Mr. DeLucia confirmed that on the 21st the Board will have the new budget numbers to review.
CLAIMS – Authorized for Payment
On motion by Mr. Kelly, seconded by Mr. Pappalardo the Board voted 5-0 to authorize payment of claims in the amount of $187,105.24.
COMMENDATION – October Snowstorm
Mr. DeLucia commended all the employees and volunteers for their patience during the aftermath of the October snowstorm that left most of town without power for up to a week. He noted that the corporate leadership of New York State Electric and Gas will be held to task, adding that the utility work crews were working 17-hour shifts.
Mr. Kelly commented on a post-disaster meeting for the emergency services. He said lack of communication was still a major problem. He said it was the first time the emergency plan had been used. All parties will continue to work on improving the plan.
VETERAN’S DAY – Events
Mr. Kelly commented on the Veteran’s Day flag ceremony held on the Town House lawn on Veteran’s Day. He noted he and Assemblyman Castelli attended and addressed the scouts assembled. Mr. Kelly said he also received a gift package from the girl scouts.
Mr. Duffy said he stood in for resident veteran Bob Williams who was to be inducted into the Veteran’s Hall of Fame for the 40th Senatorial District. Unfortunately Mr. Williams was in the hospital and unable to attend.
MEETINGS – Dates Set
Upcoming meeting dates are work sessions on November 21 and December 5 (which includes the budget public hearing, regular meetings on November 28 and December 12. All meetings will be held at the Lewisboro Library beginning at 7:30 p.m.
ADJOURNMENT
On motion by Mr. Duffy, seconded by Mr. Kelly the Board voted 5-0 to adjourn at 10:15 p.m.
Kathleen G. Cory Town Clerk