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HomeMy WebLinkAbout2009_01_21 Town Board Minutes January 21, 2009 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JANUARY 21, 2009 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 David J. Fishman ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney WORK SESSION Bond Resolutions The Town Comptroller, Anthony Siligato, was present. The Board reviewed a spreadsheet prepared by Anthony Siligato regarding the Town's Capital Projects Budget, funding sources and proposed bonding resolutions. The Board spoke in particular about the Drainage Improvement Bonds-specifically the Garden's Lake grant application under the Westchester County Flood Action Program. The Board discussed the initial project for the removal of 2,500 cubic yards of material versus the additional proposal which would remove 11,000 cubic yards of material. The Board will review this project again before final approval. The Board discussed with Anthony Siligato long term and short term borrowing- Mr. Siligato recommends long term borrowing Long Island Sound Watershed Intermunicipal Council (LISWIC) The Board reviewed the proposed legislation created for LISWIC, by Doug Goodfriend, of the firm Orrick, Herrington & Sutcliffe, LLP. LISWIC would like to move this legislation to the State level for approval. Councilwoman Wittner, President of LISWIC, discussed the issues LISWIC is facing in moving forward. LISWIC would like the Municipalities in favor of this legislation to adopt a resolution to that effect. Mr. Maker will speak with Lester Steinman about drafting a proposed resolution in support of this legislation. Mamaroneck High School (MHS) Student Project The Board has been contacted by Nina Recio-Cuddy regarding the Parsons Design Workshop with the idea of creating a project for the Town. Nina Recio-Cuddy's daughter is currently working on the Parson Design Workshop project BronXscape. The Workshop allows students to design-build public projects at no cost to the recipients. The Board discussed possible Town projects that could work with this concept. Mr. Altieri will follow up with Nina Recio-Cuddy. Association of Towns — Course Requirements for Planning & Zoning Members The Board discussed whether there would be viable options for the Planning and Zoning Board Members to complete course work requirements at the Association of Towns Conference in New York City this coming February. The Board discussed creating their own workshop utilizing known professionals in the field of Planning and Zoning. The Board asked Mr. Maker and Mr. Altieri to facilitate this option. The letter 1 January 21, 2009 currently being drafted to the Planning and Zoning Board Members will be amended to include this option. Traffic Committee The Board reviewed the resume of William F. Zeleka as a potential Member of the Traffic Committee. This appointment was added as item 6 to the Affairs of the Town for this evening's Regular Meeting. Westchester County Land Records Access Agreement This renewal agreement has been added as item 5 of the Regular Meeting this evening. Human Rights Commission The Board will be inviting Sabrina Fiddelman, Chair of the Human Rights Commission, to the February Work Session to discuss future plans for the Commission. On motion of Councilwoman Wittner, seconded by Councilman Fishman, the Board unanimously agreed to enter into Executive Session to discuss, Employment History, a Lease Agreement and Collective Bargaining. EXECUTIVE SESSION Employment History Lease Agreement Collective Bargaining On motion of Councilwoman Wittner, seconded by Councilman Fishman, the Board unanimously agreed to resume the Regular Meeting of the Board. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:45PM she then pointed out the location of exits. PUBLIC HEARINGS— "Regulation of Large Propane Tanks" Law The following notice of Public Hearing was entered into the record: NOTICE OF PUBLIC HEARING Adjourned November 19, 2008 for December 3, 2008 Adjourned December 3, 2008 until January 21, 2009 PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on January 21, 2009 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a local law entitled "Regulation of Large Propane Tanks" Law. Purpose: Over the Memorial Day weekend, a leaking underground propane tank was detected. Due to the professionalism of the Town's personnel, the propane tank was emptied and the leaking gas burned off without injury either to person or property. If this corrective action had not been taken, the tank may have exploded 2 January 21, 2009 and caused damage not only to the home on which the tank was installed but to neighboring properties and people as well. Because of the poor condition of the tank, it took over 24 hours for the gas to be burned off. Throughout this time, Town personnel were required to remain on site, causing the Town to incur thousands of dollars in overtime compensation. The cost would have been even higher had not so many of the responders been volunteers willing to sacrifice their time on a holiday weekend. This incident has alerted the Town Board to the necessity of examining the use of propane and other hazardous substances within the Town, and if warranted, developing regulations to control such use and a procedure for recovering the cost incurred by the Town for responding to the discharge of propane or other hazardous substances within the Town. In order to study the issue, the Town Board has determined that it is necessary to impose a moratorium upon the installation of propane tanks with a capacity for 50 or more pounds of propane. The full text of this Local law may be examined and copies obtained at the Town Clerk's office during regular hours (Monday through Friday, 8:30 AM to 4:30 PM, or until 4:00 PM during June, July and August) 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: October 18, 2008 On motion of Councilman Fishman, seconded by Councilwoman Seligson, the Public Hearing was unanimously opened. Mr. Maker gave an explanation of the proposed Local Law and a brief background to this adjourned Public Hearing. He also thanked Mr. DiGiorgio of Paraco Gas for his help and expertise. Paul Hardigan and Mike DiGiorgio were present and briefly addressed the Board. Supervisor O'Keeffe asked if anyone wished to speak for or against this proposed Local Law. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Mamaroneck Town Board hereby declares the adoption of the proposed Local Law "Regulation of Large Propane Tanks" Law to be a Type II action under the New York State Environmental Quality Review Act (SEQRA) requiring no further action. On motion of Councilwoman Wittner, seconded by Councilman Fishman, the following Local Law was unanimously adopted: Local Law No. 1 -2009 This local law shall be known as the "Regulation of Underground Propane Storage Tanks Law" BE IT ENACTED by the Town Board of the Town of Mamaroneck 3 January 21, 2009 Section 1- Purpose: Over the Memorial Day 2008 weekend, a leaking underground propane tank was reported. Due to the professionalism of the Town's personnel along with the expertise of the propane company, the propane in the tank was burned off without injury to person or property. If this corrective action had not been taken, there could have been damage not only to the home on the property where the tank was located but to people and neighboring properties. Because of the poor condition of the tank, it took over 24 hours for the gas to be burned off. Throughout this time, Town personnel were required to remain on site, causing the Town to incur thousands of dollars in overtime compensation. The cost would have been even higher had not so many of the responders been volunteers willing to sacrifice their time on a holiday weekend. This incident has alerted the Town Board to the necessity of developing regulations to control underground propane storage tanks. Section 2 - Enactment of a New Section of the Mamaroneck Code: Section 106-27 of the Code of the Town of Mamaroneck hereby is added to the Code and reads as follows: §106-27. Inspection of large underground propane tanks. A. For the purpose of this law, the term "tank" shall mean containers located within the unincorporated area of the Town of Mamaroneck which are installed underground and are used to store propane gas. B. For the purpose of this law, the term "inspector" shall mean a person who (a) has graduated from, and passed the propane industry course for underground storage tanks given by the Certified Employee Test Program ("CETP"), (b) holds a CETP certification for the installation and maintenance of underground storage tanks and (c) has attended the course offered by the Propane Education and Resource Council entitled "Cathodic Protection". C. By no later than June 1, 2009, the owner of the property on which a tank was installed prior to the effective date of this section shall submit to the Director of Building Code Enforcement and Land Use Administration a certification by an inspector that (1) such inspector has personally inspected the tank and (2) on the date of the inspection, the tank satisfied the requirements of the National Fire Protection Association Code for the installation and protection of propane tanks. D. By no later than the first anniversary of its installation, the owner of the property on which a tank is installed on or after the effective date of this section shall submit to the Director of Building Code Enforcement and Land Use Administration a certification by an inspector that (1) such inspector has personally inspected the tank and (2) on the date of the inspection, the tank satisfied the requirements of the National Fire Protection Association Code for the installation and protection of propane tanks. E. By no later than each anniversary of the date when this law required the first certification by an inspector to be submitted to the Director of Building Code Enforcement and Land Use Administration, the owner of the property on which a tank is installed shall submit to the Director of Building Code Enforcement and Land Use Administration a certification by an inspector that (1) such inspector has personally inspected the tank, (2) the inspection occurred no earlier than nine (9) months after the most recent inspection occurred and (3) on the date of the inspection, the tank satisfied the requirements of the National Fire Protection Association Code for the installation and protection of propane tanks. F. Notwithstanding any provision of the National Fire Protection Association Code to the contrary, each inspection of a tank shall include, but not be limited to, (1) a visual inspection of the interior of the tank's dome, risers and valve fittings which inspection shall include a soap based test for leaks, (2) four bar hole tests, one on each side of the tank and one at each end of the tank, taken no more than three feet from the exterior walls of the tank and (2) a leakage test, done after the bar hole tests are completed, with tank pressure at or above 60 pounds per square inch. 4 January 21, 2009 G. An owner of property on which a tank is installed who fails to submit a certification which complies with this law shall be guilty of a violation punishable by a fine of not more than two hundred fifty and no/100ths ($250.00) dollars per day for each day starting with the day after the day on which such certification was required to be filed with the Director of Building Code Enforcement and Land Use Administration and ending on the day on which a certification which complies with this law is submitted to the Director of Building Code Enforcement and Land Use Administration. Section 3 - 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 4 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Wittner, seconded by Commissioner Fishman, the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: David J. Fishman 1. FIRE CLAIMS Commissioner Fishman presented fire claims for authorization of payment, thereafter on Commissioner Fishman's motion, seconded by Commissioner Seligson, 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: 2434 CW Corp Car Wash 11/24/08 $5.50 911 Wear Uniform Shirts 1,100.50 911 Wear Badges, Hats 196.00 A & M Industrial Supply Multi Gas Meter 900.45 A & M Industrial Supply Calibration Kit 375.00 A & M Industrial Supply Cylinder 214.64 AAA Emergency Supply Co. Scott Pac Repairs 1,989.47 AAA Emergency Supply Co. Scott Pac Repairs 1,215.93 AAA Emergency Supply Co. Helmets 360.00 AAA Emergency Supply Co. Akron Repair 275.25 AAA Emergency Supply Co. Foam Nozzle 245.00 AAA Emergency Supply Co. Scott Parts 268.55 AAA Emergency Supply Co. Nozzle & Gasket 48.09 AAA Emergency Supply Co. Scott Valve Repair 36.00 Avaya Service Agreement 18.55 Brewer Hardware Screw Set 10.79 Brewer Hardware Key & Lock 10.48 5 January 21, 2009 Byram Mason Supply 10 Bags Calcium Chloride 275.00 Con Edison Gas 11/26-12/30/08 23.12 Flower Bar Funeral Arrangement 171.80 G & K Services Mat & Rags 135.27 Galls Lights for Turnout Gear& Shoes 357.06 Metrocom Wireless Radio Repair 250.00 Oakland Beach Deli Food for Training Meeting-12/19/08 227.75 Oakland Beach Deli Food for Training Meeting-1/10/09 166.35 R & L Consulting Sceptre Training TV 504.64 R & L Consulting TMFD.org Domain Renewal (9 yrs) 134.91 Rickert Lock & Safe Co. Repair Panic Bar on Door 80.00 Staples Office Supplies & Chair 218.51 Staples Office Chair 159.99 T.C.D. Tahoe Strobe Repair 366.80 Town of Mamaroneck Highway Dept. Reimb. 2008 gas & Diesel Fuel costs 19,524.80 United Water Water Charges 10/2/08-1/2/09 306.65 Villa Maria Pizza Meal for Office Training 57.76 Verizon Wireless Cell Phones 11/27-12/26/08 349.09 Warnock Fleet Strobes 317.52 Warnock Fleet Parts for Ladder 19 150.00 Total: $31,041.72 The above resolution was put to a roll call vote: Commissioner Fishman Aye Commissioner Seligson Aye Commissioner Odierna Aye Commissioner Wittner Aye Commissioner O'Keeffe Aye 2. Other Fire Department Business Commissioner Wittner presented the Fire Report for the Month of December, 2008 as submitted by Chief Sean McCarthy as follows: Alarm Type Number Generals 27 Minors 19 Stills 3 Out of Town (Mutual Aid) 0 EMS 18 Drills 1 TOTAL 68 Total number of personnel responding: 983 Total time working: 30 hours and 00 minutes Commissioner Wittner presented the Service Awards Report for 2008 as submitted by Chief Sean McCarthy as follows: SEE ATTACHMENT (A) AT END OF MINUTES Mr. Altieri gave an explanation of the Service Awards Program, emphasizing the wonderful benefits to the participants as well as to the Town. 6 January 21, 2009 There being no further business to come before the Commission, on motion of Commissioner Fishman, seconded by Commissioner Seligson, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization —2009 Capital Project Bonding Resolutions Mr. Altieri gave an explanation of the Capital Project Budget; these include projects in the categories of Vehicles & Equipment, Highway Improvements, Sanitary Sewer Improvements, Drainage Improvements, Buildings and Technology. He explained the Bond Resolutions before the Board this evening and spoke of the Garden's Lake Project funding in particular. Mr. Altieri also noted that many of the Capital Projects involved in this bonding are from 2008. Due to the financial environment these project were deferred. It was noted that the Town will still see a decrease of$230,000 in its debt service for 2009, and a continued decrease, albeit less, for 2010. The recommendation of Mr. Altieri and the Town Comptroller is to issue long term serial bonds, with an estimated percentage rate, for a AAA rated Municipality, of 3.8% —4.2%. With respect to Gardens' Lake, Councilwoman Seligson noted that nature is working to restore this area to a wetland. She is more in favor of doing the first phase of the Gardens' Lake project which entails the removal of 2,500 cubic yards of sludge material at $400,000 versus the proposal for the removal of 11,000 cubic yards at$1.5 million. She thinks the high cost benefitting few, and the continual need for future maintenance, calls for alternative proposals be investigated. She did, however, note the need for flood mitigation, and appreciates that as a priority. The Board noted that with this investment the Gardens' Lake should be more of a Town wide recreational area offering small boating and fishing. The 2009 Adopted Capital Project Budget is entered into the record as follows: See end of the Minutes as Attachment B On motion of Councilman Odierna, seconded by Councilwoman Seligson, the following Order of Public Hearing was approved: In the Matter of ORDER The Increase and Improvement of the CALLING Facilities of the Mamaroneck Sewer PUBLIC District, in the Town of Mamaroneck, HEARING 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 Consolidated Sewer District, in the Town of Mamaroneck, Westchester County, New York (the "Sewer District"), being the planning, design, engineering and reconstruction of control panels at the Maxwell Avenue Pump Station in and for said Town, including original furnishings, equipment, machinery and apparatus, as well as incidental costs and expenses at a maximum estimated cost of$66,000; 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 any significant environmental effects; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Sewer District, in the matter described above, and to hear all persons interested in the subject 7 January 21, 2009 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 February 4, 2009, at 8:15 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of said Sewer District, 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: The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye The order was thereupon declared duly adopted. The following resolution was offered by Supervisor O'Keeffe, who moved its adoption, seconded by Councilman Fishman, to-wit: BOND RESOLUTION DATED JANUARY 21, 2009. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN AGGREGATE MAXIMUM ESTIMATED COST OF $776,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF VARIOUS ITEMS OF EQUIPMENT IN AND FOR SAID TOWN. 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; and WHEREAS, it is now desired to authorize the financing thereof; 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. To pay the cost of the purchase of machinery, equipment and apparatus for construction and maintenance of facilities, each item of which costs $30,000 or 8 January 21, 2009 over, at an aggregate maximum estimated cost of$776,000, including incidental equipment and expenses in connection therewith, there are hereby authorized, subject to permissive referendum, to be issued $776,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the aggregate maximum estimated cost of said class of objects or purposes is $776,000 and that the plan for the financing thereof is by the issuance of the $776,000 of bonds of the Town authorized to be issued therefore 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 based upon the cost of each item of equipment. 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, 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. Section 6. 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 of said Town, 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 7. 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 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. Upon this resolution taking effect, the same shall be published in full or summary form in the Journal News which is hereby designated as 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. 9 January 21, 2009 Section 11. 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: Councilman David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Councilwoman Wittner, who moved its adoption, seconded by Councilman Fishman, to-wit: BOND RESOLUTION DATED JANUARY 21, 2009. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE RECONSTRUCTION OF STREETS THROUGHOUT AND IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $175,000, AND AUTHORIZING THE ISSUANCE OF $175,000 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; and WHEREAS, it is now desired to authorize the financing thereof; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The reconstruction of streets throughout and in and for the Town of Mamaroneck, Westchester County, New York, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of$175,000, is hereby authorized, subject to permissive referendum Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost of said class of objects or purposes, is by the issuance of $175,000 serial bonds of the 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 purposes is 15 years pursuant to subdivision 20 (c) 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 in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 10 January 21, 2009 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 of said Town, 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 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 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. 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 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. 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: Councilman David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Supervisor O'Keeffe, who moved its adoption, seconded by Councilwoman Wittner, to-wit: 11 January 21, 2009 BOND RESOLUTION DATED JANUARY 21, 2009. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, IMPROVEMENTS TO THE STORM DRAINAGE SYSTEM IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $915,000, AND AUTHORIZING THE ISSUANCE OF $915,000 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; and WHEREAS, it is now desired to authorize such capital project and it's financing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Improvements to the storm drainage system in and for the Town of Mamaroneck, Westchester County, New York, including incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of$915,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$915,000 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 purposes 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 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 in 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 of said Town, 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 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 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, 12 January 21, 2009 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 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. 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: Councilman David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Supervisor O'Keeffe, who moved its adoption, seconded by Councilwoman Wittner, to-wit: BOND RESOLUTION DATED JANUARY 21, 2009. A BOND RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING ELECTRICAL IMPROVEMENTS TO THE TOWN HIGHWAY GARAGE IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $43,000, AND AUTHORIZING THE ISSUANCE OF $43,000 SERIAL 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; and WHEREAS, it is now desired to authorize the financing thereof; 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. To pay the cost of electrical improvements to the Town Highway Garage, in and for the Town of Mamaroneck, Westchester County, New York, including incidental equipment, improvement and expenses in connection therewith, there are hereby authorized, subject to permissive referendum, to be issued $43,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the cost of said specific object or purpose is $43,000 and that the plan for the financing thereof is by the issuance of the $43,000 of 13 January 21, 2009 bonds of the Town authorized to be issued therefore pursuant to the provisions of Section 1 hereof. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law based upon the cost of each item of equipment. 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, 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. Section 6. 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 of said Town, 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 7. 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 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. Upon this resolution taking effect, the same 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. Section 11. 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: 14 January 21, 2009 Councilman David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Supervisor O'Keeffe, who moved its adoption, seconded by Councilwoman Wittner, to-wit: BOND RESOLUTION DATED JANUARY 21, 2009. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE CONSTRUCTION OF A NEW SANITATION BUILDING ON A TOWN OWNED SITE LOCATED AT 40 MAXWELL AVENUE IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $306,000, AND AUTHORIZING THE ISSUANCE OF $306,000 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 as a Type II Action as to which it has been determined there will be no significant environmental effects; and WHEREAS, it is now desired to authorize the financing thereof; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The construction of a new sanitation building on a Town owned site located at 40 Maxwell Avenue in and for the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental site and other improvements and expenses in connection therewith, at a maximum estimated cost of$306,000, is hereby authorized, subject to permissive referendum Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost of said specific object or purpose, is by the issuance of $306,000 serial bonds of the 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 specific object or purpose is 30 years pursuant to subdivision 11(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 in 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 of said Town, 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. 15 January 21, 2009 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 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. 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 or summary form in the Journal News, which is hereby designated as 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: Councilman David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Councilman Odierna, who moved its adoption, seconded by Councilman Fishman, to-wit: BOND RESOLUTION DATED JANUARY 21, 2009. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE RECONSTRUCTION OF THE SENIOR CENTER IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $230,000, AND AUTHORIZING THE ISSUANCE OF $230,000 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; and 16 January 21, 2009 WHEREAS, it is now desired to authorize the financing thereof; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The reconstruction of the Senior Center in and for the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental site and other improvements and expenses in connection therewith, at a maximum estimated cost of $230,000, is hereby authorized, subject to permissive referendum Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost of said specific object or purpose, is by the issuance of $230,000 serial bonds of the 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 specific object or purpose is 25 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 in 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 of said Town, 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 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 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. 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 or summary form in the official newspaper of said Town for such purpose, together with a 17 January 21, 2009 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: Councilman David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Councilwoman Seligson, who moved its adoption, seconded by Councilman Fishman, to-wit: BOND RESOLUTION DATED JANUARY 21, 2009. A RESOLUTION AUTHORIZING SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $85,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE ADDITIONAL COSTS OF THE PURCHASE OF EQUIPMENT FOR THE HIGHWAY DEPARTMENT IN AND FOR SAID TOWN. 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. To class of objects or purposes of paying the costs of the purchase of equipment for the Highway Department, in 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 is hereby authorized to be issued an additional $85,000 bonds of said Town pursuant to the provisions of the Local Finance Law, subject to permissive referendum. Section 2. The maximum estimated cost of such class of objects or purposes is now determined to be $360,000, and the plan for the financing thereof is as follows: By the issuance of the $275,000 bonds of said Town, heretofore authorized to be issued therefore pursuant to a bond resolution dated January 17, 2007; and By the issuance of the additional $85,000 bonds of said Town herein authorized. 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, calculated from April 25, 2007, the date of the first obligations issued therefore. 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. To the extent not paid from other sources, there shall annually be levied on all the taxable real property of said 18 January 21, 2009 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. 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 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 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: Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or The provisions of law which should be complied with at the date of publication of this Resolution is 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 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. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspapers of said Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 11. 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: Councilman David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. 19 January 21, 2009 The following resolution was offered by Councilwoman Wittner, who moved its adoption, seconded by Councilman Odierna, to-wit: BOND RESOLUTION DATED JANUARY 21, 2009. A RESOLUTION AUTHORIZING THE ISSUANCE OF $22,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF EQUIPMENT FOR THE HIGHWAY DEPARTMENT GARAGE IN AND FOR SAID TOWN. 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; and WHEREAS, it is now desired to authorize the financing thereof; 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. To pay the cost of the purchase of equipment for the highway department garage in and for the Town of Mamaroneck, including incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $22,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the aggregate maximum estimated cost of said class of objects or purposes is $22,000 and that the plan for the financing thereof is by the issuance of the $22,000 of bonds of the Town authorized to be issued therefore 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 five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law based upon the cost of each item of equipment. It is hereby further determined that the maximum maturity of the bonds herein authorized will not 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, 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. Section 6. 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 of said Town, 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 7. 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 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 20 January 21, 2009 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. 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 11. This resolution shall take effect immediately and the same shall be published in full form in the official newspaper of the 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: Councilman David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Councilman Fishman, who moved its adoption, seconded by Councilman Odierna, to-wit: BOND RESOLUTION DATED JANUARY 21, 2009. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $30,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE ADDITIONAL COSTS OF THE REHABILITATION OF EQUIPMENT FOR THE HIGHWAY DEPARTMENT IN AND FOR SAID TOWN. 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, 21 January 21, 2009 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 costs of the rehabilitation of various items 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 equipment necessary for the rehabilitation of existing equipment, and incidental expenses in connection therewith, there is hereby authorized to be issued an additional $30,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of such class of objects or purposes is now determined to be $123,000, and the plan for the financing thereof is as follows: By the issuance of the $93,000 bonds of said Town, heretofore authorized to be issued therefore pursuant to a bond resolution dated January 17, 2007; and By the issuance of the additional $30,000 bonds of said Town herein authorized. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, calculated from April 25, 2007, the date of the first obligations issued therefore. 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 other sources, 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. 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 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 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: Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or The provisions of law which should be complied with at the date of publication of this Resolution is 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 22 January 21, 2009 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 upon the passage thereof, shall be published in summary form in the Journal News, the official newspapers of said Town, 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 David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Supervisor O'Keeffe, who moved its adoption, seconded by Councilwoman Wittner, to-wit: BOND RESOLUTION DATED JANUARY 21, 2009. A RESOLUTION AUTHORIZING THE ISSUANCE OF $167,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE AND INSTALLATION OF VARIOUS HARDWARE AND SOFTWARE FOR COMPUTER SYSTEMS IN AND FOR SAID TOWN. 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; and WHEREAS, it is now desired to authorize the financing thereof; 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. To pay the cost of the purchase and installation of various hardware and software for computer systems in and for the Town of Mamaroneck, Westchester County, New York, including costs incidental thereto at a maximum estimated cost of $167,000, there are hereby authorized to be issued $167,000 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 $167,000 and that the plan for the financing thereof is by the issuance of the $167,000 of bonds of the Town authorized to be issued therefore 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 five years, pursuant to subdivision 32 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 not 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 23 January 21, 2009 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. Section 6. 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 of said Town, 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 7. 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 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 shall take effect immediately and the same shall be published in full form in the official newspaper of the 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: Councilman David Fishman VOTING Aye Councilwoman Nancy Seligson VOTING Aye Councilwoman Phyllis Wittner VOTING Aye Councilman Ernest Odierna VOTING Aye Supervisor Valerie Moore O'Keeffe VOTING Aye The resolution was thereupon declared duly adopted. 2. Authorization —Westchester County E911 Agreement On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was unanimously 24 January 21, 2009 RESOLVED, that the Town Board does hereby approve the Agreement with Westchester County for continued participation in the County's Enhanced 911 Program, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said Agreement on behalf of the Town. 3. Authorization — Mechanical Engineer—Town Center Improvements On motion of Councilwoman Wittner, seconded by Councilman Fishman, the following was approved, WHEREAS, as part of the renovation for the Town Center, to accommodate the new consolidation of the Community Service and Section 8 Housing Voucher Program, modifications will need to be made to the mechanical systems including lighting, heating and air conditioning equipment and the relocation of fire sprinklers. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement with Tietjen Consulting Engineer for Engineering Services in the amount of$8,000, for modifications to the mechanical systems due to the relocation of the Community Service Office in the Town Center, and BE IT FURTHER, RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said Agreement on behalf of the Town. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 4. Approval of Certiorari On the motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Abington Square Condominium 905—907 Palmer Avenue Mamaroneck, NY, 10543 Block: 905 Lot: 29.1 through 29.49 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 1998 $186,000 $186,000 1999 $186,000 $186,000 2000 $186,000 $186,000 25 January 21, 2009 2001 $186,000 $186,000 2002 $186,000 $164,000 2003 $186,000 $154,000 2004 $186,000 $154,000 2005 $186,000 $144,000 2006 $186,000 $133,000 2007 $186,000 $122,000 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. Authorization —Westchester County Land Records Access Agreement On motion of Councilman Odierna, seconded by Councilwoman Seligson, the following was unanimously approved, WHEREAS, the County of Westchester provides remote access to the County Clerk's land records and legal files, and WHEREAS, the Town of Mamaroneck utilizes this remote access system to reduce time in receiving deeds from the County, thereby, maintaining up to date property owner information. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby authorize the agreement with Westchester County for access to the County Clerk's land records and legal files from January 1, 2009 thru December 31, 2009, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the town. 6. Appointment—Traffic Committee On motion of Councilman Fishman, seconded by Councilwoman Seligson, the following was approved, WHEREAS, Kathy Devore's term as Member G of the Traffic Committee expired on December 31, 2008. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby appoint William F. Zelenka as Member G of the Traffic Committee, and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by Section 25 of the New York Town Law, and shall expire on December 31, 2011. 26 January 21, 2009 APPROVAL OF MINUTES - December 17, 2008 and January 7, 2009 On motion of Councilman Fishman, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the Meeting of, December 17, 2008. On motion of Councilman Odierna, seconded by Councilman Fishman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the Meeting of January 21, 2009. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None SUPERVISOR'S REPORT Supervisor O'Keeffe reported on the Flood Action Task Force, of which she is a member. Supervisor O'Keeffe also noted that the Westchester Joint Water Works has been actively involved in negotiations in Albany. Westchester Joint Water Works has been issued a `stay' in constructing the imposed filtration plant, while a report is being issued as to the necessity for such a filtration plant is determined. During this `stay' no fines will be enforced. REPORT OF COUNCIL Councilman Fishman attended the Traffic Committee Meeting. Discussions continue regarding the request for a handicapped parking space on Alden Road. He stated that the Taylor's, who have requested the Handicapped parking space, will be accompanied by an attorney at the next meeting. Supervisor O'Keeffe asked the Board whether an attorney should be present at the next Traffic Committee Meeting. The Board asked Mr. Maker to attend the next Traffic Committee Meeting on February 24t", on behalf of the Town. Councilman Fishman also noted that the Traffic Committee has been discussing the closing of the Rockland Avenue Bridge, and the effects its having on the community. Councilwoman Seligson noted the very nice Fire Department Installation Dinner, as well as the Martin Luther King, Jr. Celebration. She will attend the Zoning Board Meeting next week. Councilwoman Wittner had no comments this evening. Councilman Odierna attended the Volunteer Ambulance Corp. (VAC) Dinner, noting the personnel are engaging and enthusiastic. He also attended the Martin Luther King, Jr. Celebration. 27 January 21, 2009 Supervisor O'Keeffe noted the wonderful tribute to April Farber at the Martin Luther King, Jr. Celebration. Councilman Odierna commended the Highway Department for their fine work during the recent snow events. ADJOURNMENT On motion of Councilman Fishman, seconded by councilwoman Wittner, the meeting was unanimously adjourned into an Executive Session to discuss Employment History, at 11:20 PM. EXECUTIVE SESSION Employment History Submitted by Christina Battalia, Town Clerk 28