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HomeMy WebLinkAbout2014_04_23 Town Board Minutes April 23, 2014 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON APRIL 23, 2014, BEGINNING AT 5:00PM IN CONFERENCE ROOM A AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Nancy Seligson Councilman Ernest C. Odierna Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilman Thomas A. Murphy ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION On motion of Councilwoman Katz, seconded by Councilman Murphy, the Work Session was unanimously opened at 5:00PM. Sustainable Westchester Supervisor Seligson explained that the energy action consortiums’ of northern and southern Westchester are in the process of merging to become a countywide entity called Sustainable Westchester. The organization is seeking an endorsement from the Westchester municipalities, adding a formal request is forthcoming. Petition – Hommocks Pool Supervisor Seligson noted that at last meeting she informed the Town Board of her having received a petition from 35 residents seeking to add back the Friday night pool hours. Supervisor Seligson would like to send this request to the Recreation Commission for a cost analysis. The change would need to be made for the 2015 Budget as currently there are no additional funds to make a change now. Supervisor Seligson will approach the petitioners to determine whether they would be amenable to covering the costs should the Town open on Friday evening during 2014. TAKEN OUT OF ORDER Proposed Resident Parking Legislation-Washington Square Additionally Present: Doris Block, Chair of the Traffic Committee Ms. Block gave an overview of the legislation that the Traffic Committee and Mr. Maker have drafted. Ms. Block stated that of the majority of the residents who came before the Traffic committee, almost all were in favor of moving forward with the residential parking district. Supervisor Seligson stated that she has received a number of comments not in favor of this legislation, adding that she will have available at the public hearing all the comments her Office has received. It was suggested, and discussed, limiting the residential parking district to the daytime as this would address some of the concerns the residents have. Mr. Maker was instructed to redraft the legislation taking away the nighttime restriction. Ms. Block also suggested making the one hour requirement to move your car to three or four hours, as one hour seems too th short. The Board will add to the May 7 agenda the setting of a public hearing, with an expected public hearing th date of May 28. 1 April 23, 2014 Property Tax Exemption – Larchmont Reservoir Property Supervisor Seligson explained that what is before the Town Board is a codifying of the current policy of tax exemption status for the Larchmont Reservoir. Supervisor Seligson referred to the 1991 memo from James Johnson referring to a 1980 agreement between the town of Mamaroneck and the village of Larchmont granting the tax exempt status. Councilwoman Elkind Eney stated that this is memorializing something that has already existed for over 30 years and is therefore not a new tax exemption. Mr. Maker was asked to draft a resolution th for the May 7 meeting. Weaver Street Sidewalk – TAP Grant The Board discussed the residents’ proposal to apply for a TAP grant to create a sidewalk running along Weaver Street from Bonnie Way to Murray Avenue. The residents are willing to write the grant and Supervisor Seligson stated that the Town has offered help by way of the Town’s Engineering firm Dolf Rotfeld generating a cost estimate. The Town Board would like to make it clear to the residents that the Town will not be writing the grant. Proposed Amendment – Town Parking Lot Law The Town Board reviewed the previous recommendation by the Town Clerk to create additional Parking Lots in the Washington Square area in order to accommodate 24 hour parkers currently on a waiting list. The proposed changes are in areas where permits are being undersold and spaces are empty. The Board reviewed the legislation Ms. Battalia and Mr. Maker have drafted. The setting of a public hearing is on this evening’s Regular Agenda. Auditor’s Report – 2013 Financial Statements Additionally Present: Alan Kassay of O’Connor Davies, LLP Mr. Kassay presented the 2013 Financial Statements and Auditor’s Report, as well as the Communication of Internal Control Matters Identified in the Audit to the Town Board. The Town Board reviewed the highlights of the financial statements with Mr. Kassay. Mr. Kassay will present this to the public this evening as well. Update Howell Park Drainage The Board noted that the memo from Mr. Altieri was self-explanatory and therefore there was no discussion. Tax Cap Legislation Review Deferred On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Board unanimously agreed to enter into an Executive Session to discuss a proposed disciplinary settlement in the Police Department and the employment history of particular employees within the Planning Board and the Human Rights Committee. EXECUTIVE SESSION Proposed Disciplinary Settlement in the Police Department Employment History of Particular Employees within the Planning Board and the Human Rights Committee. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Board unanimously agreed to resume the Regular Meeting. 2 April 23, 2014 CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 PM, she then pointed out the location of the exits. Supervisor Seligson noted that the Town Board met for a worksession beginning at 5:00 o’clock this evening, adding this is an open meeting that all residents’ are welcomed to attend. SUPERVISOR’S SUMMARY REPORT The Town continues to work on updating the website and should have a mock up very soon. The Sustainability Collaborative continues to work on drafting a Sustainability Plan and met on April 8. I had the wonderful opportunity to participate in the LWV Running and Winning program, where outstanding female juniors and seniors in high schools from around the County are selected to meet female elected officials to learn about running for elected office. The Town is reviewing the proposed NYS tax freeze legislation and how it will affect the Town. The Town will again participate in a joint road resurfacing contract with 5 municipalities as a shared service. The Town was ranked number 5 in the County for recycling which is very impressive considering several communities include construction waste in their numbers. The Joint Garbage Commission is investigating the possibility of adding the collection of clothes tot eh recycling service. CITIZEN’S COMMENTS Kevin Crowe representing the Larchmont Gardens’ Civic Association (LGCA) addressed the Board. Mr. Crowe stated that he and others will be attending the Clean Up Day this coming Saturday as well as participating in the Community Yard Sale event. Mr. Crowe would like to bring to the Boards attention the condition of the landscaping along the Brook. The pavement is eroding and the grass is no longer growing. Supervisor Seligson stated that the Town will have their Engineer take a look at the area. rd Mr. Crowe announced the upcoming Duck Derby on Saturday May 3. Mr. Altieri asked Mr. Crowe for specific details as the Town was not fully aware of the event and there appears to be some safety measures that need to be worked out. PRESENTATION - 2013 Financial and Management Audit Supervisor Seligson introduced Alan Kassay of O’ Connor Davies, LLP. Supervisor Seligson stated that Mr. Kassay presented the financials to the Town Board during this evening’s Work Session and is here to present the Auditor’s Report to the public. PUBLIC HEARINGS 1.Serial Bond Resolution – Ambulance District The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet at the Town Hall, 740 West Boston Post Road, in Mamaroneck, New York, on April 23, 2014, at 8:00 o’clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon an estimate of cost, in relation to the proposed increase and improvement of the facilities of Town of Mamaroneck Ambulance District, in said Town, being the purchase of a Lucas chest compression machine, including incidental expenses in connection therewith, at a maximum estimated cost of $32,500, being in addition to $60,000 heretofore authorized for such equipment. 3 April 23, 2014 Said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (“SEQRA”), the implementation of which as proposed, said regulations provide will not result in any significant environmental effects. At said public hearing said Town Board will hear all persons interested in the subject matter thereof at the aggregate maximum estimated cost of $92,500. Dated: Mamaroneck, New York, April 8, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously closed. On motion of Councilman Odierna, seconded by Councilman Murphy, the following was approved In the Matter of PUBLIC The Increase and Improvement of the Facilities of INTEREST Town of Mamaroneck Ambulance District, in the ORDER Town of Mamaroneck, Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York (the “Ambulance District”), being the purchase of a Lucas chest compression machine, including incidental expenses in connection therewith, at a maximum estimated cost of $32,500; and WHEREAS, at a meeting of said Town Board duly called and held on April 2, 2014, an Order was adopted by it and entered in the minutes specifying the said Town Board would meet to consider said increase and improvement of the Ambulance District, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on April 23, 2014 at 8:00 o’clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make improvements to the Town of Mamaroneck Ambulance District in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a Lucas chest compression machine, including incidental expenses in connection therewith, at a maximum estimated cost of $32,500, being in addition to $60,000 heretofore authorized for such equipment, such $92,500 aggregate maximum estimated cost being found and determined to be in the public interest. 4 April 23, 2014 Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney RECUSE Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved BOND RESOLUTION DATED APRIL 23, 2014. A RESOLUTION AUTHORIZING THE ISSUANCE OF $32,500 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE TOWN OF MAMARONECK AMBULANCE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, said regulations provide will not result in a significant environmental effect; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to increase and improve the facilities of the Town of Mamaroneck Ambulance District in the Town of Mamaroneck, Westchester County, New York (the “Ambulance District”), being the purchase of a Lucas chest compression machine, including incidental expenses in connection therewith, at a maximum estimated cost of $32,500; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of the Town of Mamaroneck Ambulance District in the Town of Mamaroneck, Westchester County, New York, being the purchase of a Lucas chest compression machine, including incidental expenses in connection therewith, at a maximum estimated cost of $32,500, there are hereby authorized to be issued $32,500 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $32,500 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years pursuant to subdivision 27-a of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Ambulance District in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct 5 April 23, 2014 the sale, and award the bonds in such manner as the Supervisor shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney RECUSE Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye 2.Serial Bond Resolution – Street Lighting District The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Hall, in Mamaroneck, New York, in said Town, on April 23, 2014, at 8:00 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the proposed increase and improvement of the facilities of Street Lighting District No. 1, in said Town, being the replacement of street lighting with energy efficient units, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,840,000. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, April 8, 2014. BY ORDER OF THE TOWN BOARD OF THE TOWN OF 6 April 23, 2014 MAMARONECK, WESTCHESTER COUNTY, NEW YORK On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously closed. On motion of Councilman Murphy, seconded by Councilwoman Katz, the following was approved In the Matter of ORDER The Increase and Improvement of the Facilities of CALLING Street Lighting District No. 1, in the Town of PUBLIC Mamaroneck, Westchester County, New York HEARING WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Street Lighting District No. 1, in the Town of Mamaroneck, Westchester County, New York (the “Lighting District”), being the replacement of street lighting with energy efficient units, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,840,000; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (“SEQRA”), the implementation of which as proposed, it has been determined will not result in a significant environmental effect; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Lighting District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, in Mamaroneck , New York, in said Town, on April 23, 2014, at 8:00 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Street Lighting District No. 1, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney RECUSE Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye 7 April 23, 2014 On motion of Councilman Odierna, seconded by Councilman Murphy, the following was approved BOND RESOLUTION DATED APRIL 23, 2014. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,840,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE STREET LIGHTING DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, said regulations provide will not result in a significant environmental effect; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to increase and improve the facilities of the Street Lighting District No. 1 in the Town of Mamaroneck, Westchester County, New York (the “Street Lighting District”), being the replacement of street lighting with energy efficient units, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,840,000; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of the Street Lighting District No. 1 in the Town of Mamaroneck, Westchester County, New York, replacement of street lighting with energy efficient units, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,840,000, there are hereby authorized to be issued $1,840,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $1,840,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Street Lighting District in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the Supervisor shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and 8 April 23, 2014 also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney RECUSE Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye 3.Serial Bond Resolution – Garbage District The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Hall, in Mamaroneck, New York, in said Town, on April 23, 2014, at 8:00 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the proposed increase and improvement of the facilities of the Town of Mamaroneck Garbage District No. 1, in said Town, being the purchase of a new refuse collection vehicle, including incidental expenses in connection therewith, at a maximum estimated cost of $185,000. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, April 8, 2014. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK On motion of Councilman Odierna, seconded by Councilman Murphy, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. 9 April 23, 2014 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. On motion of Councilman Odierna, seconded by Councilman Murphy, the following was approved In the Matter PUBLIC of INTEREST The Increase and Improvement of the Facilities of ORDER Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York (the “Garbage District”), being the purchase of a new refuse collection vehicle, including incidental expenses in connection therewith, at a maximum estimated cost of $185,000; and WHEREAS, at a meeting of said Town Board duly called and held on April 2, 2014, an Order was adopted by it and entered in the minutes specifying the said Town Board would meet to consider said increase and improvement of the Garbage District, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on April 23, 2014 at 8:00 o’clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make improvements to the Town of Mamaroneck Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new refuse collection vehicle, including incidental expenses in connection therewith, at a maximum estimated cost of $185,000. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney RECUSE Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye On motion of Councilman Odierna, seconded by Councilwoman Katz, the following was approved BOND RESOLUTION DATED APRIL 23, 2014. A RESOLUTION AUTHORIZING THE ISSUANCE OF $185,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE TOWN OF MAMARONECK GARBAGE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, said regulations provide will not result in a significant environmental effect; and 10 April 23, 2014 WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to increase and improve the facilities of the Town of Mamaroneck Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York (the “Garbage District”), being the purchase of a new refuse collection vehicle, including incidental expenses in connection therewith, at a maximum estimated cost of $185,000; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of the Town of Mamaroneck Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York, purchase of a new refuse collection vehicle, including incidental expenses in connection therewith, at a maximum estimated cost of $185,000, there are hereby authorized to be issued $185,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $185,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Garbage District in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the Supervisor shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. 11 April 23, 2014 Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney RECUSE Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye 4.Serial Bond Resolution – Sewer District The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet at the Town Hall, 740 West Boston Post Road, in Mamaroneck, New York, on April 23, 2014, at 8:00 o’clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of the Consolidated Sewer District, in said Town, being improvement of the Baldwin Place Pump Station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $35,500. Said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (“SEQRA”), the implementation of which as proposed, said regulations provide will not result in a significant environmental effect. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, April 8, 2014. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. On motion of Councilman Murphy, seconded by Councilwoman Katz, the following was approved In the Matter PUBLIC of INTEREST The Increase and Improvement of the Facilities of ORDER Town of Mamaroneck Consolidated Sewer District, in the Town of Mamaroneck, Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Town of Mamaroneck Consolidated Sewer 12 April 23, 2014 District, in the Town of Mamaroneck, Westchester County, New York (the “Sewer District”), being the improvement of the Baldwin Place Pump Station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $35,500; and WHEREAS, at a meeting of said Town Board duly called and held on April 2, 2014, an Order was adopted by it and entered in the minutes specifying the said Town Board would meet to consider said increase and improvement of the Sewer District, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on April 23, 2014 at 8:00 o’clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make improvements to the Town of Mamaroneck Consolidated Sewer District in the Town of Mamaroneck, Westchester County, New York, consisting of the improvement of the Baldwin Place Pump Station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $35,500. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney RECUSE Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye On motion of Councilwoman Katz, seconded by Councilman Odierna, the following was approved BOND RESOLUTION DATED APRIL 23, 2014. A RESOLUTION AUTHORIZING THE ISSUANCE OF $35,500 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE TOWN OF MAMARONECK CONSOLIDATED SEWER DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, said regulations provide will not result in a significant environmental effect; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to increase and improve the facilities of the Town of Mamaroneck Consolidated Sewer District in the Town of Mamaroneck, Westchester County, New York (the “Sewer District”), being the improvement of the Baldwin Place Pump Station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $35,500; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of the Town of Mamaroneck Consolidated Sewer District in the Town of Mamaroneck, Westchester County, New York, being the improvement of the Baldwin Place Pump Station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a 13 April 23, 2014 maximum estimated cost of $35,500, there are hereby authorized to be issued $35,500 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $35,500 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Sewer District in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the Supervisor shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney RECUSE Councilwoman Katz Aye Councilman Odierna Aye 14 April 23, 2014 Supervisor Seligson Aye 5.Cold War Veteran’s Exemption The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, and pursuant to a resolution of the Mamaroneck Town Board adopted on April 10, 2014 a rd Public Hearing will be held on Wednesday, April 23, at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider: Purpose: To consider an increase in the basic maximum exemption for Cold War Veterans RP-458 The full text of this Amendment is stated below and can also be examined and copies obtained at the Town Clerk's office during regular hours, Monday - Friday, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, New York PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: April 19, 2014 On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously opened. Mr. Altieri explained the tax implications to residents of the Town and Villages’ should the exemption be approved. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following Local law was approved: Local Law No. 1 - 2014 This local law shall be known as the “Expansion of the Cold War Veterans Exemption” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: In 2008, the County of Westchester enacted legislation that allowed the Town to increase the amount of the exemption from Town and County real estate taxes on qualified residential property. The Town and certain other communities were not advised of this legislation until recently. The purpose of this law is to increase the amount of the exemption from Town and County real estate taxes on qualified residential property to the maximum allowed under the County’s 2008 legislation. Section 2 – Amendment of a current section of the Mamaroneck Code: 15 April 23, 2014 Section 195-31 A. of the Code of the Town of Mamaroneck hereby is amended to delete the number “$12,000” both times that it appears therein and to substitute the number “$54,000” in both of those places. Section 3 – Amendment of a current section of the Mamaroneck Code: Section 195-31 B. of the Code of the Town of Mamaroneck hereby is amended to delete the number “$40,000” both times that it appears therein and to substitute the number “$180,000” in both of those places. Section 4 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Odierna, seconded by Commissioner Katz, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Ernest C. Odierna Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Thomas A. Murphy 1. FIRE CLAIMS On motion of Commissioner Elkind Eney, seconded by Commissioner Katz, 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 Cairns Reaxtion Fire Coat & Bunker Pants with Internal Harness 2343.00 AAA Emergency Supply Charger & mounts, Survivor Lite Batteries, Vulcan Lites 646.98 ABCO Lock & Alarm Co. Repairs to rear door 253.50 Amazon.Com Replacement Scanner - Alarm room, Speaker for Scanner, key box 290.20 Atlantic Westchester inc. Repairs to AC 4/2, & 4/3/14 144.46 Con Edison Gas for March 2014 - 3/3/14-4/1/14 1064.88 Drive to Survive Driving Course for 5 ff's 3/25/14 175.00 Foley Hardware 5m CRBGRS Preventer 81.00 Fire Companies.Com, Inc. Website Maintenance - 3 months 239.97 G & K Services Mats & Rags for March 2014 102.80 16 April 23, 2014 Galls, LLC Career Staff Uniforms 17.96 Galls, LLC Career Staff Uniforms 87.75 Geargrid Corporation Racks & Scott Bottle Holder 428.00 Grainger Disinfectant Spray, Toilet Paper, Soap & Cleaning Sprays 414.98 Home Depot Carabiners, Spray Bottle and Cleaner 79.26 Motorola Remote Speaker, Remount Mount Kit 313.38 Poland Spring Rent for Water Cooler & Dispenser 2/19-3/18/14 111.96 Ricoh Copier Contract for billing period 3/22-4/21/14 214.57 Russo, Joseph Reimb. For ID Cards & Print Ribbon 204.75 Sound Shore Pest Control Exterminating Services on 3/24/14 65.00 Tony's Nurseries Inc. Propane 23.20 Town of Mam'k PFF Assn Life Insurance Prem. for Career Staff - Feb 2014 (11) FF 173.58 Town of Mam'k PFF Assn Life Insurance Prem. for Career Staff - Mar. & Apr. 2014 (12) FF 377.28 United Communication Corp. Minitor IV repair 511.27 Westech Elevator Services Maintenance for April 2014 175.00 Westch Joint Water Works Water charges for 3/31-6/30/14 100.00 Total: 8639.73 The above resolution was put to a roll call vote: Commissioner Murphy Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye 2.Other Fire Department Business On motion of Commissioner Elkind Eney, seconded by Commissioner Odierna, it was RESOLVED, that the Fire Commissioners do hereby authorize the amendment to the 2014 Capital Project & Budget – Alarm Room Improvements as detailed by the Town Comptroller in the following schedule: AMEND 2014 CAPITAL PROJECT & BUDGET - ALARM ROOM IMPROVEMENTS TOWN BOARD 4/23/2014 MEETING CAPITAL PROJECTS FUND (FUND H): AMEND BUDGET: EXP H.3410.0400.2014.29 FIRE BUILDING IMPROVEMENTS - ALARM ROOM $ 300.00 REV H.0000.5034.2014.29 TRANSFERS FROM FIRE $ 300.00 A (CAPITAL PROJECT #2014-29) (Increase project budget with $300 additional funding to be transferred in from the Fire district fund balance. Original Capital Project Budget: $ 8,000.00 Funding source: TRANSFER FR FIRE - FY2014 BUDGET APPROP. $ 8,000.00 TRANSFER FR FIRE - 4/23/14 $ 300.00 A 17 April 23, 2014 Revised Capital Project Budget as amended on 4/23/14: $ 8,300.00 FIRE DISTRICT (FUND SF): AMEND BUDGET: EXP SF.9900.9950 TRANSFER TO CAPITAL PROJECT $ 300.00 A REV SF.0000.5995 APPROPRIATED FUND BALANCE $ 300.00 A * Increase budget with $300 of appropriated fund balance to be transferred to Capital Proj. #2014-29. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye Commissioner Elkind Eney read the Fire Report for the Month of February as submitted by Chief Russo as follows: March 2014 ALARM TYPE NUMBER Generals 32 Minors 16 Stills 2 Out of Town (Mutual Aid) 2 EMS 45 Drills 5 TOTAL 102 Total number of personnel responding: 928 Total time working: 44 hours and 57 minutes Commissioner Elkind Eney reported her attendance at the last Fire Council Meeting. There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1.Authorization-Prisoner Transportation Agreement-Westchester County On motion of Councilman Murphy, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby approve of the agreement between the County of Westchester and the Town of Mamaroneck for the transporting of 18 April 23, 2014 prisoners from the Town of Mamaroneck to the County Correction Facility in Valhalla, New York, for the period of January 1, 2013 and December 32, 2013, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 2.Authorization-Capital Budget Amendment-Project #2014-04 – Sidewalks & Curbs On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the amendment to the Capital Project No. 2014-04 – Roads, Sidewalks & Curb Improvements to reflect the additional New York State CHIPS funding received, as outlined by the Town Comptroller in the following schedule: AMEND 2014 CAPITAL PROJECT & BUDGET - ROADS, SIDEWALKS & CURB IMPROVEMENTS TOWN BOARD 4/23/2014 MEETING CAPITAL PROJECTS FUND (FUND H): AMEND BUDGET: EXP H.5110.0400.2014.04 ROADS, SIDEWALKS & CURB IMPROVEMENTS $ 18,680.00 REV H.0000.5033.2014.04 TRANSFERS FROM HIGHWAY (CHIPS) $ 18,680.00 A (CAPITAL PROJECT #2014-04) (Increase project budget with $18,680 additional New York State "CHIPS" funding as appropriated in the NYS Dept. of Transportation 2014/15 budget. Original Capital Project Budget: $ 675,000.00 Funding source: SERIAL BONDS AUTHORIZED 4/2/14 $610,000.00 TRANSFER FROM HWY - CHIPS FY2014 $ 65,000.00 TSF FR HWY REVISED- INCR. TO CHIPS FY2014 $ 18,680.00 A Revised Capital Project Budget as amended on 4/23/14: $ 693,680.00 HIGHWAY FUND (FUND DB): AMEND BUDGET: EXP DB.9900.9950 TRANSFER TO CAPITAL PROJECT $ 18,680.00 A REV DB.0000.3502 CHIPS PROGRAM $ 18,680.00 A 19 April 23, 2014 * Increase budget with $18,680 of additional CHIPS funding to be transferred to Capital Proj. #2014-04. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 3.Authorization-Capital Budget Amendment-Project #2014-42 – Ice Rink Renovation On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Amendment to Capital Project No. 2014-42-Hommocks Ice Rink to reflect the additional items to the project as outlined by the Town Comptroller in the following schedule: AMEND 2014 CAPITAL PROJECT & BUDGET - ENERGY IMPROVEMENTS ICE RINK PROJECT TOWN BOARD 4/23/2014 MEETING CAPITAL PROJECTS FUND (FUND H): AMEND BUDGET: EXP H.7265.0400.2014.42 ENERGY IMPROVEMENTS - ICE RINK $ 50,000.00 REV H.0000.5710.2014.42 SERIAL BONDS $ 50,000.00 A (CAPITAL PROJECT #2014-42) (Increase project budget with additional $50,000 from Serial Bonds to be issued for various add-on's as follows: * Concrete pad between rink door & zamboni room * Additional gas fired infrared heating (skate rental shop to concession stand) * Additional 10' dasherboard gate to be installed near existing zamboni room * Increasing width of public access dasherbaord gates * Retractable netting in front of spectator area * Rubber flooring under all bleacher areas Original Capital Project Budget: $ 3,900,000.00 Funding source: SERIAL BONDS - RESOLUTION ADOPTED 4/2/14 $3,900,000.00 SERIAL BONDS - RESOLUTION 4/23/14 $ 50,000.00 A Revised Capital Project Budget as amended on 4/23/14: $ 3,950,000.00 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye 20 April 23, 2014 Odierna Aye Seligson Aye On motion of Councilwoman Katz, seconded by Councilman Odierna, the following was approved BOND RESOLUTION DATED APRIL 23, 2014. A RESOLUTION SUPPLEMENTING THE BOND RESOLUTION DATED APRIL 2, 2014, TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $50,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY A PORTION OF THE COST OF THE RECONSTRUCTION OF SECTIONS OF AND CONSTRUCTION OF ENERGY EFFICIENCY IMPROVEMENTS AT THE HOMMOCKS ICE RINK, IN AND FOR SAID TOWN. WHEREAS, the capital improvement hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; and WHEREAS, by a bond resolution dated April 2, 2014, the Town Board of the Town of Mamaroneck, Westchester County, New York, authorized the issuance of $3,900,000 serial bonds of said Town to pay the cost of the reconstruction of sections of and construction of energy efficiency improvements at the Hommocks Ice Rink, including site work, a new addition to house elements thereof, original machinery, equipment, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, in and for said Town; and WHEREAS, it has now been determined that the maximum estimated cost of such specific object or purpose is $3,950,000, constituting an increase of $50,000 over that previously authorized; and WHEREAS, it is now desired to authorize, SUBJECT TO PERMISSIVE REFERENDUM, the issuance of an additional $50,000 bonds of said Town for such specific object or purpose; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying an additional $50,000 cost of the reconstruction of sections of and construction of energy efficiency improvements at the Hommocks Ice Rink, including site work, a new addition to house elements thereof, original machinery, equipment, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, in and for the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued, SUBJECT TO PERMISSIVE REFERENDUM, an additional $50,000 bonds of said Town, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is now $3,950,000, and that the plan for the financing thereof is as follows: a) By the issuance of the $3,900,000 bonds of said Town authorized to be issued pursuant to the aforesaid bond resolution dated and duly adopted on April 2, 2014; and b) By the issuance of the additional $50,000 bonds of said Town herein authorized to be issued pursuant to this bond resolution, SUBJECT TO PERMISSIVE REFERENDUM. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations therefor. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 21 April 23, 2014 Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney RECUSE Katz Aye Odierna Aye Seligson Aye 4.Report of Bids Contract #TA-14-03 Fuel Tank Replacement/Fuel Management System & Amendment to Capital Project #2013-32 The following Report of Bids is entered into the records as follows: ATTACHMENT A On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved WHEREAS, on March 27, 2014 the Town publicly opened and read bids for Contract # TA-14-03 Fuel Tank Replacement & Fuel Management System. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract # TA-14-03 Fuel Tank Replacement & Fuel Management System to the lowest responsible bidder, American Petroleum Equipment and Construction Company of Walden, NY for a total price of $95,285.00, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to sign said contract on behalf of the Town. The above resolution was put to a roll call vote: 22 April 23, 2014 Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Amendment to the Capital Project & Budget – Fuel Management System Including Tank Replacement to reflect the bids received as outlined by the Town Comptroller in the following schedule: AMEND 2013 CAPITAL PROJECT & BUDGET -FUEL MANAGEMENT SYSTEM INCLUDING TANK REPLACEMENT 4/23/2014 TOWN BOARD MEETING CAPITAL PROJECTS FUND (FUND H): AMEND BUDGET: EXP H.5130.0400.2013.32 GARAGE - FUEL $ 10,000.00 MANAGEMENT SYSTEM REV H.0000.5033.2013.32 TRANSFERS FROM $ 10,000.00 A HIGHWAY (CAPITAL PROJECT #2013-32) (Increase project budget with $10,000 additional funding to be transferred in from the Highway fund balance for base bid, training & contingencies.) Original Capital Project $ 50,000.00 Budget: Funding source: SERIAL BONDS - $ 50,000.00 RESOLUTION ADOPTED 2/27/13 SERIAL BONDS - $ 70,000.00 RESOLUTION ADOPTED 3/19/14 TSF FR HWY - $ 10,000.00 A RESOLUTION 4/23/14 Revised Capital Project $ 130,000.00 Budget as amended on 4/23/14: HIGHWAY FUND (FUND DB): AMEND BUDGET: EXP DB.9900.9950 TRANSFER TO CAPITAL $ 10,000.00 A PROJECT REV DB.0000.5995 APPROPRIATED FUND $ 10,000.00 A BALANCE * Increase budget with $10,000 of appropriated fund balance to be transferred to Capital Proj. #2013-32. The above resolution was put to a roll call vote: Murphy Aye 23 April 23, 2014 Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 5.Authorization-Part Time Salary Schedule On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the salary increases for the following part-time positions effective May 1, 2014 as follows: Name Position Date Appointed Current Salary Proposed Salary Frank Giordano Laborer 5/8/2008 $13/hr $15/hr Daniel Tutolo Laborer 2/1/2011 $12/hr $15/hr Diana Pantore Rec Attendant 2/1/2011 $14/hr $15/hr Carmen Medina Intermediate 1/5/2009 $16.25/hr $18.25/hr Clerk The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 6.Salary Authorization – Part Time Assistant Court Clerk On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Tiffany Scott as a probationary Assistant Court Clerk to fill the current vacancy, effective April 8, 2014 at an hourly rate of $18.00 for approximately 17.5 hours per week. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 7.Salary Authorization – Court Attendants On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following was approved WHEREAS, at each Court session held, it is required that for safety measures a Court Attendant is present while the metal detector is in use. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby authorize the addition of two Court Attendants, Michael Kern and Elizabeth Elkins, to the current roster at an hourly rate of $35.00. The above resolution was put to a roll call vote: 24 April 23, 2014 Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 8.Set Public Hearing – Amendment to Town Parking Lot Law On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the local law “ Revision of the Town of Mamaroneck’s Town-Owned Parking Lots” Law for May 7, 2014 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. 9.Resolution to Change Town Board May Meeting Date from May 21, 2014 to May 28, 2014 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve changing the May 21, 2014 Town Board Meeting date to May 28, 2014. 10.Settlement of Disciplinary Action - PBA On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Disciplinary Settlement between the Town of Mamaroneck and employee number 450, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to sign the agreement on behalf of the Town. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye APPROVAL OF MINUTES On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of April 2, 2014. 25 April 23, 2014 WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilwoman Elkind Eney attended the League of Woman Voters Luncheon at Orienta, adding Phil Riesman th spoke. Everyone very much enjoyed the Presidential quotes contest held by Elizabeth Radow. On April 6 Supervisor Seligson judged the Spelling Bee benefitting the Friends of the Larchmont Library. She attended Fire Council and reported on that during Fire Commission. Councilwoman Elkind Eney attended the Planning Board th Meeting at which the Winged Foot addition was on the agenda but was held over. On April 10 she attended the Westchester Municipal Officials Dinner in Mount Vernon. The Speaker was John Nolan, Professor at Pace University Law School. The Topic was: “Engineering the Future of Westchester’s Economic Centers through Land Use Reform: Jobs, Tax Base, and Livability-Preparing for Future Population Change”. Councilwoman Elkind Eney attended the Recreation Commission Meeting at which they discussed the rink renovations and the summer programs. Today, Arbor Day, the Town celebrated the planting of the gift of a tree by the Town Department Heads’, in honor of the retirement of Phyllis Wittner. Councilwoman Katz attended the Library Board Meeting, noting they are discussing how people will use libraries in the future and possible fund raising for redesigning the space for future needs. This Sunday Elizabeth Kolbert will speak about her new book the Sixth Extinction, at the Library, adding that the book has gotten amazing reviews. The Traffic Committee met to finalize their recommendation to the Town Board regarding the Washington Square Residential Parking Permit. The Town Board has made some changes to this legislation, adding that once that has been redrafted the Town Board will move to set a public hearing. Councilman Odierna recently was in Cape Cod with his family on vacation. Councilman Odierna attended the th Healthier Communities meeting, adding that they continue to work on their Healthy Fair on June 14. They are getting much help from local hospitals and organizations. Councilman Murphy attended the Board of Architectural Review Meeting where they discussed an application from Majestic Windows. The application was adjourned and will appear on the agenda at the next meeting of the Board of Architectural Review. Councilman Murphy also attended the Westchester Municipal Officials Dinner in Mount Vernon. Councilman Murphy discussed his perspective on the presenter, adding that his take away is although development can be positive, you have to manage it well. Councilman Murphy noted the closing of the Mamaroneck Movie house and looks forward to watching the development of that change. Supervisor Seligson enjoyed participating in the Spelling Bee, noting the team from At Home on the Sound won. Supervisor Seligson attended, as did other Board Members, the swearing in ceremony of the Village of Larchmont Officials. Supervisor Seligson noted and reminded the audience that she attends the Westchester Joint Water Works Board of Trustees Meetings every two weeks. She has attended two recently at which they continue to discuss the issue of providing Ultra Violet Light treated water to the entire Westchester Joint Water Works area. A large feasibility study will need to be conducted to determine whether Shaft 20 is available for that. Supervisor Seligson participated in the League of Woman Voters program Running & Winning Program. High school junior and senior girls were chosen County-wide for their performance in academics and leadership to participate . It was a wonderful opportunity for both sides. Elected Officials get to meet smart dynamic young women and talk to them about participating in public service. She attended the Supervisors Luncheon and noted that she was the only woman there as many woman supervisors retired this last election. She also thanked the Department Heads for their wonderful tribute today to Councilwoman Wittner and there is now a lovely tree planted outside. Finally, a congratulation to Steve Altieri on his son’s wonderful wedding! Christina Battalia also noted the wonderful celebration today, adding that the Departments Heads purchased this tree to recognize her continued appreciation of all that they do for the Town. ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the meeting was unanimously adjourned at 10:00 PM ________________________________ Submitted by 26 April 23, 2014 Christina Battalia, Town Clerk 27