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HomeMy WebLinkAbout2007_01_17 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JANUARY 17, 2007 AT 8:15 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilman Ernest C. Odierna Councilwoman Nancy Seligson Councilman Paul A. Winick ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Christina Battalia, Deputy Town Clerk WORK SESSION Emergency Planning Survey Councilman Odierna expressed confusion on the results of the survey saying the numbers do not add up. Other members of the Board agreed the numbers had to be re-evaluated. Mr. Altieri said the main issue of emergency planning is what do we plan for— sometimes evacuation has to be done quickly and notification has to be immediate. The phone service (call-in) notification system would take about nine to ten minutes. He said they were looking at three systems: a call-in system, a TTY System and an AM Radio system. Councilwoman Wittner objected, saying people need to be responsible, and that she likes the idea of the fire trucks going through with a bull horn. A lengthy discussion ensued. Mr. Altieri added he had met with the County about evacuation procedures in the event of a category three to five hurricane. Myrtle Boulevard Memorial Ned Benson appeared before the board to inform them that James Allen Callahan's name had been left off the memorial. Mr. Benson gave a history of Mr. Callahan, who had grown up and gone to school in the Town. Mr. Callahan later on moved to New Rochelle when his father passed away. The Supervisor said there might be a way to add his name by attaching a plaque without ruining the rock. Councilman Winick asked the purpose of the rock. The Supervisor said it was to remember people who served and died in World War II who were from Mamaroneck and Larchmont. Councilwoman Wittner said she would want to know how to proceed and what the cost would be. Councilman Odierna suggested we advertise to see if there are other names that are missing. It was decided to have Mr. Benson work with the Administrator on the details and then get back to the board. Supervisor O'Keefe requested the following resolution prepared by the Larchmont Historical Society regarding Mr. James Allen Callaghan be included in the Minutes. January 17, 2007 2 January 17, 2007 3 January 17, 2007 Athletic Fields Supervisor O'Keeffe went to the Larchmont Village Board meeting and heard Councilwoman Seligson report on the Greenway project. She told them how they were contributing to the plan. They then went on to talk about fields. The audience had many people who had an interest in the fields issue and each spoke. They discussed the SEQRA process and the requirements for participation in the County Legacy program. Councilwoman Seligson noted the Larchmont Village Board would probably be lead agency. The Supervisor said the questions were like a scoping session, they talked about run- off, parking, and traffic, which are some of the issues needing to be addressed. Anthony Catalano from the Woodard Curren did a presentation but he was unable to answer many questions that were raised. The application for the Legacy grant must be completed and submitted by February 1. She said Mayor Liz Feld had asked if the 4 January 17, 2007 Town would consider allowing them to push back the parking lot onto Town property especially since the parking at the rink seemed underutilized to them. There were many questions by the board members, with Councilwoman Wittner saying she would like to see the environmental review. Supervisor O'Keeffe said people seem to want direct access from our lot to Flint Park. Mr. Catalano's plan is to have parking on both sides of the American Legion. They did a study on cost of taking over the county road on Palmer but it is too expensive to maintain. There was a discussion on the 50 feral cats that are currently on the back of the Flint Park property which someone had asked to be moved to Town property. TVS Meeting (Town, Village, Schools) Supervisor O'Keeffe said this group meets four or five times a year. The people involved in the TVS are from the Villages, Town and Schools, including the Rye Neck Schools. Rye Neck, who does not have a lack of fields was approached to have their fields surveyed by the Fields group. Rye Neck turned down the request as they want nothing to do with this group who want to survey them. Superintendent Mustich said his board did not like it. There was a suggestion to have a field in Taylor's Lane leaf dump site but the Greenhaven residents do not want that to happen. We will all sit down together at a meeting on the 3rd of March at the fire house and we have asked to see in advance the scope of study and have asked the fields group for their agenda. Councilwoman Seligson said we still have to answer Larchmont about Flint Park. Councilwoman Wittner said they want two things, to have parking and feral cats on our potential spray ground area. The Board was definitely not in favor of moving the feral cats to Town property. The Supervisor said the IMA would extend their field onto our property. They will have to come up with a proposal document for the IMA, we will have our Town Attorney look at it and decide then. On motion made and seconded the Board unanimously adjourned into an Executive Session to discuss the sale of land. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:20 PM. She then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe then on motion of Commissioner Seligson, seconded by Commissioner Wittner, the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner Paul A. Winick 1. FIRE CLAIMS Commissioner Wittner presented fire claims for authorization of payment, thereafter on Commissioner Wittner's motion, seconded by Commissioner Odierna, it was 5 January 17, 2007 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 Co. Inc. $ 485.60 AAA Emergency Supply Co. Inc. 456.48 AAA Emergency Supply Co. Inc. 399.78 AAA Emergency Supply Co. Inc. 99.00 AAA Emergency Supply Co. Inc. 69.05 Ayaya 103.78 Brewer Hardware 92.79 Corsi Tire 649.48 Northern Tool & Equipment 106.54 IKON 175.30 Motorola 156.00 Seagrave Sales & Service 145.49 Technical Electronics 5,051.50 The Journal News 253.51 T.O.M. General Fund 3,824.96 Verizon Wireless 12.56 *VFIS Benefits Division 68,447.40 Westchester Elevator 196.35 TOTAL: $ 80,725.57 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 2. Report of Bid -TA-07-06 - Fire Pumper This matter was held over for further review. 3. Bond Resolution — Setting Fire District Referendum Fire Pumper The Administrator said in order to hold the referendum on the fire truck the following resolutions provided by Bond Counsel must be approved. The following resolution was offered by Commissioner Wittner,who moved its adoption, seconded by Commissioner Winick, to-wit: A RESOLUTION AUTHORIZING THE PURCHASE OF A NEW FIRE- FIGHTING VEHICLE FOR THE MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF 460 000, AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING 460,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF. BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of a fire-fighting vehicle, including incidental equipment and expenses in connection therewith, for the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, is hereby authorized at a maximum estimated cost of$ 460,000. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of$ 460,000 serial bonds of said 6 January 17, 2007 Fire District hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Mamaroneck Fire District in the 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 Fire District, a tax without limitation as to rate or amount 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 Fire District Treasurer, 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 Fire District Treasurer, consistent with the provisions of the Local Finance Law. 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 Fire District Treasurer, the chief fiscal officer of such Fire District. 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 forth and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Fire District Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: a) Such obligations are authorized for an object or purpose for which said Fire District is not authorized to expend money, or b) 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 C) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. 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 9. Upon this resolution taking effect, the same shall be published in full in the Journal News, which is hereby designated as the official newspaper of said Fire District for such purpose, together with a notice of the Fire District Secretary in substantially the form provided in Section 81.00 of the Local Finance Law. 7 January 17, 2007 Section 10. This resolution is adopted subject to approval at a special election of said Fire District to be held on February 27, 2007. The question of the adoption of the foregoing resolution was duly put to a vote on roll all, which resulted as follows: Commissioner Winick VOTING Aye Commissioner Seligson VOTING Aye Commissioner Odierna VOTING Aye Commissioner Wittner VOTING Aye Commissioner O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Commissioner Wittner, who moved its adoption, seconded by Commissioner Winick, to-wit: WHEREAS, the Board of Fire Commissioners of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York has heretofore at this meeting adopted a bond resolution authorizing the purchase of a fire-fighting vehicle, including incidental equipment and expenses, at a maximum estimated cost of$ 460,000, which is subject to the approval of the qualified voters of said Fire District, NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A special election of the qualified voters of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, is hereby authorized to be held on the 27th day of February, 2007, at the Weaver Street Firehouse, in Mamaroneck, New York, in said Fire District, between the hours of 6:00 o'clock P.M. and 9:00 o'clock P.M., Prevailing Time, to vote by PAPER BALLOT upon the adoption or rejection of the bond resolution heretofore adopted at this meeting. Section 2. The notice of such special election shall be in substantially the form attached hereto as Exhibit A, and hereby made a part hereof. Section 3. The Secretary of said Fire District is hereby authorized to give notice of such special election by publication once in the Journal News, a newspaper having a general circulation in said Fire District, the first publication to be not less than twenty-seven (27) nor more than thirty-four(34) days prior to the date of such election. Section 4. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Commissioner Winick VOTING Aye Commissioner Seligson VOTING Aye Commissioner Odierna VOTING Aye Commissioner Wittner VOTING Aye Commissioner O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. 4. Other Fire Department Business Councilwoman Wittner submitted the fire report for the month of December which was submitted by Fire Chief Matthew Peloso. 8 January 17, 2007 ALARM TYPE NUMBER General 32 Minors 18 Stills 0 Out of Town (Mutual 0 Aid) EMS 15 Drills 1 TOTAL 66 Total number of personnel responding: 702 Total time working: 19 hours and 4 minutes Councilwoman Wittner updated the Board on the quarterly report of the Service Awards 9 January 17, 2007 There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Odierna, the Commission unanimously adjourned. 10 January 17, 2007 AFFAIRS OF THE TOWN 1. Change of meeting date and location —02/26/2007 to 02/27/2007 On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, it was RESOLVED, that the regular Town Board meeting scheduled for Monday, February 26 be changed to Tuesday, February 27, 2007 at 8:15 PM at the Weaver Street Fire House. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization —Westchester County Stop DWI Agreement On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was approved; WHEREAS, on January 18, 2006 the County entered into an agreement with the Municipality pursuant to which the Municipality agreed to participate in the Westchester County STOP-DWI Patrol/Datamaster Project for the period from January 1, 2006 through December 31, 2006 in an amount not- to-exceed $8,400.00 (the "Agreement"); and WHEREAS, the parties now desire to amend the Agreement in order to 1) extend the term thereof by an additional four(4) years, from January 1, 2007 through December 31, 2010; and 2) increase the total amount authorized not to exceed thereunder by an additional $33,600.00, from an amount not- to-exceed $8,400.00 to an amount not-to-exceed $42,000.00. NOW THEREFORE, BE IT RESOLVED, that the parties desire to amend the Agreement in order to extend the term thereof for an additional four(4) year period, from January 1, 2007 through December 31, 2010. Accordingly, Paragraph "4" of the Agreement is hereby deleted in its entirety and the following substituted in its place: The work to be performed pursuant to the terms of this Agreement shall commence promptly on January 1, 2006 and shall be completed no later than December 31, 2010 except as extended by the Commissioner of the Department of Public Safety ("Commissioner") in writing, subject to all necessary legal approvals. The Municipality shall issue progress reports to the County as the Commissioner may direct and shall immediately inform the Commissioner in writing of any cause for delay in the performance of its obligations under this Agreement; and BE IT FURTHER RESOLVED, that for the additional services rendered by the Municipality pursuant to this Amendment, the Municipality shall be paid a fee not to exceed Thirty-Three Thousand Six Hundred ($33,600.00) dollars, at the rate of$8,400.00 per year, thereby increasing the total fee payable pursuant to the Agreement as hereby amended to an amount not to exceed Forty-Two Thousand ($42,000.00) dollars. Accordingly, Paragraph "1" of the Agreement is deleted in its entirety and the following substituted in its place: 11 January 17, 2007 In consideration of an amount not to exceed Forty-Two Thousand ($42,000.00) dollars payable at the rate of Eight- Thousand Four Hundred ($8,400.00) dollars per year to be paid as hereinafter set forth, the municipality shall participate in the Westchester county stop-DWI Patrol/Datamaster project as described in Schedule A which is attached to and forms a part of this Agreement (hereinafter the `work'); and BE IT FURTHER RESOLVED, that the parties desire to amend the Agreement to enable either party to terminate the Agreement at the end of each year by giving the other party thirty (30) days advance notice. Accordingly, Paragraph "9" of the Agreement is amended by the addition of a new subparagraph (c) as follows: Either party may terminate this Agreement at the end of each year by giving the other party at least thirty (30) days advance notice; and BE IT FURTHER RESOLVED, that the Municipality agrees to provide and furnish the County with updated insurance certificates to cover this extended period; and BE IT FURTHER RESOLVED, that except as otherwise specifically amended hereby, all other terms and conditions of the Agreement shall remain in full force and effect. Agreement shall remain in full force and effect upon the parties; and BE IT FURTHER RESOLVED, that this Amendment shall not be enforceable until signed by both parties and approved by the Office of the County Attorney; and BE IT FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said Amendments on behalf of the Town. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 3. Report of Bids — TA-06-07 & TA-06-07A - Traffic Improvements Myrtle Boulevard This matter was held over. 4. Authorization -2007 Capital Projects Capital Project 24-01- Highway Garage Capital Project 26-01 -Highway Department Equipment Capital Project 27-01-Purchase of Highway Department Equipment Capital Project 27-02-Highway Equipment Rehabilitation Capital Project 25-01-Administrative Vehicles Capital Project 22-03-Purchase of Police Vehicles Capital Project 27-04-2007 Highway Improvements Capital Project 27-03-Replacement of Stairwell Lot#1 12 January 17, 2007 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the establishment of Capital Project 24-01 Highway Garage Roof Account# H5197.4.5110.5017 in the amount of $160,000.00. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the re-establishment of Capital Project 26-01 - Highway Department Equipment Account# H5197.4.5130.5014 in the amount of$23,788.00, for the replacement of two hydraulic snow plows. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the establishment of Capital Project 27-01- Purchase of Highway Dept. Equipment Account#H5197.4.5130.5015 in the amount of$267,000.00, for the purchase of the following new equipment: Aerial Lift Truck $140,000.00 Skid Steer Loader $ 52,000.00 Salt Spreader $ 15,000.00 Pick Up Trucks $ 60,000.00 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was 13 January 17, 2007 RESOLVED, that the Mamaroneck Town Board does hereby authorize the establishment of Capital Project#27-02— Highway Equipment Rehabilitation Account# H5197.4.5130.5016 in the amount of$64,000.00 to rehabilitate the following Highway Department vehicles: Sewer Vactor Truck $19,500.00 Salt Spreader Truck $24,000.00 Utility Truck $20,500.00 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Seligson, seconded by councilwoman Wittner, the following was approved WHEREAS, included in the 2007 budget is the replacement of the Highway Department Foreman's vehicle and the vehicle assigned to the Director of Buildings and Land use. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of funds in the amount of$22,000.00 from budget account B9900.9950 and $20,000.00 from budget account DB9900.9950 into Capital Project 25-01 Account# H1997.4.1670, to finance the purchase of these vehicles. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of funds in the amount of $100,000.00 from budget account B9900.9950 into Capital Project 22- 03-Account # H3197.4.3120, for the purchase of police vehicles. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 14 January 17, 2007 On motion of Supervisor O'Keeffe, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the establishment of Capital Project 27-04-2007 Highway Improvements Account# H5197.4.5110.5020, for improvements on Brookside Drive; and BE IT FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of funds in the amount of $250,000.00 from account DB9900.9950 into Capital Project 27- 04 Account# H5197.4.5110.5020, to finance the above highway improvements. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the establishment of Capital Project 27-03- Replacement of Stairwell Lot#1 Account# H1997.4.5650.5001, for replacement of stairwell at Lot#1. BE IT FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of funds in the amount of $55,000.00 from budget account A5650.4144 into Capital Project 27-03 Account# H1997.4.5650.5001, for replacement of the stairwell at Lot#1. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 5. Authorization — Bond Resolutions Rehabilitation Highway Equipment Highway Department Purchase Equipment Reconstruction Highway Department Roof Rehabilitation Highway Equipment The following resolution was offered by Councilman Odierna, who moved its adoption, seconded by Councilwoman Wittner, to-wit: A RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FOR THE HIGHWAY DEPARTMENT, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $93,000 AND AUTHORIZING THE ISSUANCE OF $93,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. 15 January 17, 2007 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. The purchase of various items of equipment for the Highway Department, in and for the Town of Mamaroneck, Westchester County, New York, including equipment necessary for the rehabilitation of existing equipment, and incidental expenses in connection therewith, is hereby authorized at a maximum estimated cost of$93,000. Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of $93,000 serial bonds of said Town hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purpose is five 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 not 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. 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. 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. 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. 16 January 17, 2007 Section 8. 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 9. This resolution, which takes effect immediately, shall be published in full or 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. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye The resolution was thereupon declared duly adopted. Highway Department Purchase Equipment The following resolution was offered by Councilwoman Seligson, who moved its adoption, seconded by Councilman Winick, to-wit: A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $275,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF EQUIPMENT FOR THE HIGHWAY DEPARTMENT IN AND FOR SAID TOWN. 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 class of objects or purposes of paying the cost of the purchase of equipment for the Highway Department, in and for the Town of Mamaroneck, Westchester County, New York, each item of which is $30,000 or more, including incidental equipment and expenses in connection therewith, there are hereby authorized, subject to permissive referendum, to be issued $275,000 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 said class of objects or purposes is $275,000 and that the plan for the financing thereof is by the issuance of the $275,000 of bonds of the Town authorized to be issued therefor pursuant to the provisions of Section 1 hereof. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes 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 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 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, 17 January 17, 2007 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 of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. 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 52.00 of the Local Finance Law, as the Supervisor shall determine. 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 such 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 question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: 18 January 17, 2007 Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye The resolution was thereupon declared duly adopted. Reconstruction Highway Department Roof The following resolution was offered by Councilman Odierna, who moved its adoption, seconded by Councilwoman Wittner, to-wit A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF THE ROOF AT THE HIGHWAY GARAGE, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $165,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $165,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; 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. The reconstruction of the roof at the Highway Garage on Maxwell Avenue, in and for the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and other incidental improvements and expenses in connection therewith, is hereby authorized, SUBJECT TO PERMISSIVE REFERENDUM, at a maximum estimated cost of$165,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $165,000 bonds of said Town, hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law. 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)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the 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. 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 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. 19 January 17, 2007 Section 6. All other matters except as provided herein relating to the 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 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. 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 8. 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 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 question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 6. Authorization — Closing of the 2006 Financial Records RESOLVED, that the Town Board does hereby authorize the Town Comptroller to make the necessary journal entries and budget transfers in order to close the financial records of the Town of Mamaroneck for the fiscal year ending December 31, 2006. 20 January 17, 2007 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 7. Approval of Certiorari On motion of Councilman Odierna, seconded by Councilman Winick, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: 2020 Boston Post Road Larchmont, NY 10538 Block:614 Lot: 240.1 Town of Mamaroneck Village of Larchmont Year Assessment Amount of Reduction Reduced Assessment 2000 $58,700 $7,600 $51,100 2001 $58,700 $14,500 $44,200 2002 $58,700 $17,700 $41,000 2003 $58,700 $20,700 $38,000 2004 $58,700 $21,200 $37,500 2005 $58,700 $22,700 $36,000 2006 $58,700 $24,700 $34,000 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe Aye 8. Salary Authorization — Recreation On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that as provided for in the 2007 Town Budget the Town Board does hereby authorize the payment of salary to the following: HOMMOCKS POOL Katelyn Burke Lifeguard $ 8.00/hour Swim Instructor $16.00/hour Nick Chiekos Lifeguard $ 8.00/hour Phil Comerford Lifeguard $ 8.25/hour Kathleen Corsetti Lifeguard $ 8.25/hour Christine Flanigan Lifeguard $ 8.50/hour John Keenan Manager $18.75/hour Megan Manion Key Attendant $ 8.00/hour Greg McCoy Lifeguard $ 7.25/hour Elise McNally Lifeguard $ 7.75/hour Barbara Mendes Key Attendant $10.75/hour Cheryl Moeller Manager $16.25/hour Shea Moriarty Lifeguard $10.75/hour Lindsay Naughton Key Attendant $ 8.00/hour Meredith Naughton Swim Instructor $16.50/hour Alex Oppenheimer Alternate Swim Instructor $19.00/hour Wayne Pollak Manager $17.25/hour 21 January 17, 2007 Katie Ragone Lifeguard $ 8.25/hour Shane Reidy Lifeguard $ 8.00/hour John Saporito Lifeguard $ 8.50/hour Thomas Saporito Lifeguard $ 8.00/hour Caroline Spader Lifeguard $ 8.00/hour Catherine Spader Lifeguard $10.25/hour Dan Stein Lifeguard $ 7.25/hour Jamie Valentinetti Lifeguard $ 8.75/hour Jennifer Williams Swim Instructor $16.00/hour YOUTH HOCKEY Nick Hardy Assistant Instructor $ 6.00/hour HOMMOCKS POOL Kathleen Spader Alternate Swim Instructor $19.00/hour Thomas Spader Early Morning Swim Lifeguard $25.00/session Dan Stein Lifeguard $ 8.50/hour* *change of salary from 1/12/07 authorization. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe Aye APPROVAL OF MINUTES November 15, 2006 On motion of Councilwoman Wittner, seconded by Councilman Winick, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of November 15, 2006 as amended. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye ORAL COMMUNICATIONS Abby Katz, representing the Larchmont Gardens Civic Association, said she was glad the steps at the railroad station were being done. Supervisor O'Keeffe responded by saying it's the tunnel that's being done, we now have to go back to have the steps done. Councilman Odierna said we should raise our sights on this project, maybe we can sell advertising in the tunnel to raise funds to fix the rest of the area. Ms. Katz asked how long the steps would be closed when they are being repaired. Mr. Altieri said approximately four to six weeks. Ms. Katz then asked what happens if people with daytime permits can't find a space. Ms. DiCioccio said that permit holders could then go into meter spaces and they will not be ticketed. Ms. Katz said she has not been receiving emailed agendas and asked why. Mr. Altieri said there was a problem with the system and it is being revamped. 22 January 17, 2007 Ms. Katz asked the board about replacing the pillars which are deteriorating, adding they are on Town property. Councilwoman Wittner replied that someone from the organization had it looked at and determined the cost of repairs to be $1400. Ms. Katz thought the monies could be raised by the Larchmont Gardens Civic Association . Ms. Katz asked if Brookside was getting paved this year. She was told yes, one side would be done this year and the other side next year. SUPERVISOR REPORT Supervisor O'Keeffe reported that she had attended the municipal officials dinner, which was not well attended this time. Councilman Odierna said he was happy to see the new people from the Village of Mamaroneck were there. NYCOM is coming up in February and he is excited to see what our new Governor will offer at NYCOM. REPORTS OF THE COUNCIL Councilwoman Seligson gave a presentation regarding Greenway at the Larchmont Village Board meeting. At that meeting there was discussion regarding a turf field at Flint Park. She attended the Martin Luther King Jr. event where Ralph Branca spoke about Jackie Robinson. The event was thrilling, Mary Lou Berridge was the honoree. She is so proud that our community celebrates this event in such a large way. The Board of Architectural Review will be meeting tomorrow night. Councilwoman Wittner said she also attended the Martin Luther King, Jr. Celebration. The Fire Council met last week, their report was presented earlier in the meeting. Councilman Winick said tomorrow night he would be attending a Cable meeting adding there is progress in the negotiations. He said they are continuing to work on the parking situation in the Washington Square area and the Housing Authority met in December. Councilman Odierna said on January 4th he went to the Chamber of Commerce meeting in the Village of Mamaroneck, their annual dinner is tomorrow night. He attended the League of Women Voters monthly breakfast on January 5th where the County Budget Director explained the budget. At the Recreation Commission meeting they discussed improving services at the pool, they talked about providing janitorial services and repairs; they also reviewed how successful the ice rink is. The Snow Flake contest has started as well as the snowman contest. On January 12th we attended the VAC dinner at La Riserva. On January 16th he attended a Summit meeting. Submitted by Patricia A. DiCioccio, Town Clerk F:\Documents\Minutes\2007w\01-17-07.Last.Doc 23