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HomeMy WebLinkAbout2007_08_28 Town Board Minutes AUGUST 28, 2007 MINUTES OF THE PUBLIC HEARING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON AUGUST 28, 2007 AT 2:15 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 ABSENT: Councilman David J. Fishman ALSO PRESENT: Stephen V. Altieri, Town Administrator Christina Battalia, Town Clerk Linda M. Silvestre, Deputy Town Clerk The special meeting of the Town Board was called to order by Supervisor O'Keeffe at 2:28 PM. She then pointed out the location of exits. CHANGE OF MEETING DATES Due to a scheduling conflict the Budget Work Session needs to be changed from October 23, 2007 to October 25, 2007 at 4:00 PM. The Board agreed to change the date of the Town Board Meeting from October 17 to October 25 in order to coincide with the Budget Work Session. The Board also discussed, due to scheduling conflicts, changing the January 2008 Town Board meetings to January 2, 2008 and January 23, 2008. On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve setting the January 2008 Town Board meetings for January 2, 2008 and January 23, 2008. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby reschedule the budget work session from October 23, 2007 to October 25, 2007 at 4:00 PM, in Conference Room A of the Town Center, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve the rescheduling of the Town Board Meeting from October 17, 2007 to October 25, 2007, at 8:15 PM, Town Center Court Room. 1 AUGUST 28, 2007 PUBLIC HEARING NOTICE OF PUBLIC HEARING WATER DISTRICT NO. 1 IMPROVEMENT 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 August 28, 2007, at 2:15 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 Water District No. 1, in said Town, being the Town's share of the cost of the reconstruction of the Larchmont Water Plant (Project A-1207A of the Westchester Joint Water Works), including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of$210,000. 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, the implementation of which as proposed, it has been determined will not result in any significant environmental effects. SEQRA documentation is available in the office of the Town Clerk where it may be inspected during normal business hours. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated:Mamaroneck, New York, August 15, 2007. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk Mr. Altieri explained that increase and improvement of facilities of the Water District No.1 are needed; specifically the upgrading of the caustic soda station at the Westchester Joint Water Works Plant at the Larchmont Reservoir. The Water District being a special district requires a public hearing before money is borrowed. Therefore, the public hearing is to consider a bond resolution in the amount of$210,000.00 for those increases and improvements. Mr. Altieri also noted that the urgency in scheduling the public hearing at this time is due to the Town's scheduled bond sale in September, of which this would be a part of. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the public hearing was unanimously closed. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously 2 AUGUST 28, 2007 RESOLVED, that the Mamaroneck Town Board finds that the increases and improvements of the facilities at the Water District No.1 — Larchmont Reservoir are hereby declared to be a Type II action under the New York State Environmental Quality Review Act (SEQRA). On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the following Public Interest Order: In the Matter of The Increase and Improvement of Facilities of Water District No. 1 in the PUBLIC INTEREST ORDER Town of Mamaroneck, Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly 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 proposed increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the Town's share of the cost of the reconstruction of the Larchmont Water Plant (Project A-1207A of the Westchester Joint Water Works), including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of$210,000 and WHEREAS, at a meeting of said Town Board duly called and held on August 8, 2007, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Water District No. 1 in said Town at a maximum estimated cost of $210,000, 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 August 28, 2007, at 2:15 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 the increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the Town's share of the cost of the reconstruction of the Larchmont Water Plant (Project A-1207A of the Westchester Joint Water Works), including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of$210,000. Section 2. This Order shall take effect immediately. 3 AUGUST 28, 2007 The above resolution was put to a roll call vote: Fishman Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the following Bond Resolution: A RESOLUTION AUTHORIZING THE ISSUANCE OF $210,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE WATER 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, will not result in any significant environmental effects; 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 improve the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of$210,000; 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 Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the Town's share of the cost of the reconstruction of the Larchmont Water Plant (Project A-1207A of the Westchester Joint Water Works), including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of$210,000, there are hereby authorized to be issued $210,000 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 the aforesaid specific object or purpose is $210,000 and that the plan for the financing thereof is by the issuance of the $210,000 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 forty years pursuant to subdivision 1 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 Water District 4 AUGUST 28, 2007 No. 1 as applicable 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 same shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; 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 Supervisor is hereby further authorized, at his or her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 'I)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 11. 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. 5 AUGUST 28, 2007 Section 12. 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 above resolution was put to a roll call vote: Fishman Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye SERIAL BOND SALE The following statement was prepared by Denis Brucciani, Town Comptroller, explaining the upcoming bond sale: Currently, the Town of Mamaroneck has outstanding short-term debt obligations in the form of two (2) Bond Anticipation Notes (BANs), $2,267,000 (Rate - 3.55%), and $596,000 (Rate - 3.61%), aggregating $2,863,000 for various purposes. In addition, the Town has approximately $1,025,000 of approved, pending and additional debt to be issued for the following purposes: Larchmont Public Library (HVAC) - $175,000, Purchase of a Sanitation Truck -$180,000, Larchmont Plant Modifications - $210,000 and Purchase of Fire Vehicle -$460,000. Predicated on the upward pressure on short-term rates in the current interest rate environment, and subsequent anticipated pressure on rates for next year, and further compounded by the fact that with BANs outstanding, the Town would be subject to rate risk with each yearly maturity and subsequent renewal, it is proposed and recommended that the Town issue long-term debt in the current period in the form of serial bonds which would have the effect of locking in interest rates fixed for approximately a weighted average twenty (20) year period as well as smoothing the payback of principal from year to year for budgetary purposes as well. The payback schedule also produces the effect of matching the amortization period with the useful life of the asset(s) being financed. It is also more economical for the Town to amass as much debt as possible when issuing serial bonds due to their expensive nature created by such costs as marketing, underwriting and legal. The total amount of serial bonds to be sold in the market after a payback of principal of$50,000, is 3,838,000. The debt issuances would be as follows: 1- General Obligation Bonds for various purposes - $3,378,000 (Proposed Rate of 4.15% to 4.25%), and, 2- Purchase of a Fire Truck - $460,000 (Proposed Rate of 4.50% if sold separately based on its dollar size). UPDATE FLINT PARK Mr. Altieri explained that he, Mayor Liz Feld, Councilwoman Wittner, Anthony Catalano, Marco Gennarelli and David Goessel, met to discuss the damaged pipe at Flint Park and what implications it might have for the Flint Park Improvement project. The Board reviewed a draft Intermunicipal Agreement (IMA) prepared by the Village of Larchmont Attorney, James Staudt. The Village would like to have this in hand for the County Board of Legislators' Public Hearing, September 10, 2007. The County Board of Legislators will hold a Public Hearing on September 10, to finalize the County Legacy Grant and funding for the Village of Larchmont. Supervisor O'Keeffe and the Village Larchmont officials will be attending. The Board noted the importance of having a current survey in order to finalize any IMA between the Town and Village. CABOT ROAD FLOODING Supervisor O'Keeffe reported that the Thruway Authority reported that the runoff from the highway does not add to the flooding at Cabot Road. 6 AUGUST 28, 2007 Supervisor O'Keeffe met with residents of Cabot Road to reassure them that any flooding funding the Town receives would include Cabot Road. The Board noted that the Village of Mamaroneck would be holding a meeting in September, with State and County officials to discuss flooding. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the meeting was unanimously adjourned at 3:15PM. Submitted by Christina Battalia, Town Clerk 7