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HomeMy WebLinkAbout2012_01_18 Town Board Minutes January 18, 2012 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JANUARY 18,2012, BEGINNING AT S:OOPM IN CONFERENCE ROOM A AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE TOWN,740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Nancy Seligson Councilwoman Phyllis Wittner Councilman Ernest C.Odierna Councilwoman Abby Katz Councilwoman Jaine Elkind Eney ALSO PRESENT: Christina Battalia,Town Clerk Stephen V.Altieri,Town Administrator William Maker,Jr.,Town Attorney CALL TO ORDER-WORK SESSION On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Work Session was unanimously opened at S:OOPM. Update Capital Projects 2012 Additionally Present:Tony Siligato,Town Comptroller The Board reviewed a memo and schedule of the Capital Project Plans discussed during the month of November„in preparation of the 2012 Budget.The total value of the Capital Projects is$1,550,000.00. From the total,$150,000.00 will be appropriated in the 2012 Budget and the balance of$1,400,000.00 will be through the issuance of bonds. The Bonding Resolutions are on the agenda for this evening's Regular Meeting. The Board discussed in detail the expenditures for administrative and highway vehicles,the Hommocks Ice Rink,computer hardware and software,the two-way radios,and the Senior Center bus. Mr.Siligato stated that the current interest rate for borrowing will be a little over 2%. Supervisor Seligson noted how unbelievably low that rate is,adding although economically not a good time for expenditures it is ideal for borrowing. ADDED ITEM Amendment to the Ethics Law Additionally Present: Robert Cammer, Member of the Town of Mamaroneck Housing Authority Mr. Maker explained that he and the Town Board have received communication from Mr. Cammer in which he states a case for the Housing Authority Members to not be named as employees in a sensitive position with the Code of Ethics. Mr. Cammer emphasized that his statements do not come with any form of ill feeling, but rather as a legal premise. Mr. Cammer added that the Housing Authority would be glad to create a similar Code of Ethics along the lines of the Code of Ethics that the Town has written. Mr. Maker stated that due to the last minute receipt of Mr. Cammer's correspondence he has not had a chance to fully review it, he does believe that upon quick review Mr. Cammer may have an interesting point.Therefore,it is Mr. Maker's recommendation that the Town continues with the 1 January 18, 2012 passing of this Amendment to the Code of Ethics, but remove the Housing Authority from the sensitive positions. Update-Walgreens Mr.Altieri stated that the Town is working with Walgreens regarding some of the Town's concerns, although as previously noted Walgreens appears to be able to move forward with appearing before the Zoning Board,adding they will also have to go before the Board of Architectural Review. A traffic study was done by Walgreens which suggested two way traffic be created along Old Hommocks Road. Mr. Altieri stated that the Town does not see this as a good idea. Mr.Altieri noted that he should have renderings by next week. Update-Byron Place Project Mr.Altieri noted the fencing that came down during the last storm is being repaired. Meetings continue between the Developer and the Town to finalize code review,adding a building permit is still not issued. Colonial Avenue and Murray Avenue Crossing Councilwoman Katz noted that the PTA met today and hopes the Town will move forward with a crosswalk at this location. It was noted that for this to happen the flashing light needs to be repaired and the Town would need approval from the State. The Board asked Councilwoman Katz to approach the PTA about helping to fund the project. Update—Larchmont Mamaroneck Joint Garbage Disposal Commission (LMJGDC) The Board was issued the 2012 Revised Budget for the Commission. Mr.Altieri noted that the salary line is down due to retirements. The Commission's costs are down due to more recycling by residents, and the cost of diesel has been reduced to the 'veggie truck'. There is an increase in Workers Compensation premiums due to three serious injuries. The Town Board discussed the addition of a dumpster fee for commercial customers, reducing the number of weekly pickups and the elimination of curb side pickup. The Board would like these service changes to be part of a Town wide discussion well in advance of next year's budget preparation. The Board asked Mr.Altieri to report back with a 'sampling'of Town versus Village Refuse,so the Board can have a better understanding of the percentages. Boards and Commissions The Board reviewed the various appointments for this evening,as well as the continued vacancies. There continues to be vacancies in the following Boards and Commissions: Board of Architectural Review Board of Ethics Coastal Zone Management Commission Housing Authority Planning Board Traffic Committee Zoning Board of Appeals Supervisor Seligson noted that Richard Cherry,Chair of the Housing Authority has asked to meet with her to discuss additional housing in our community. Supervisor Seligson asked Mr.Altieri to add to next meeting's agenda the formation of budget'Focus Groups'. The Board would like to set a Public Hearing regarding the dissolution of the Historic Records Committee. This was added as an item on this evening's Regular Meeting Agenda. 2 January 18, 2012 Amendment to Open Meeting Law The Board discussed how to implement the new requirements. Mr.Altier and Ms. Battalia will work together to move the agenda creation foreword to enable enough time for the packet to be prepared for uploading to the web site. Ms. Battalia noted that careful screening of the packet will take place by her and her office to make sure those items that are not disclosable prior to the meetings and are handled properly. New Business Supervisor Seligson noted that the Town Justices will be at the next Work Session to discuss the Court in general and qualifications the Town should be looking for in the appointment of a Town Justice. Supervisor Seligson will attend Court on January 301"in preparation for this meeting. Supervisor Seligson noted that Mr. Ralph Engel continues to blog opinions regarding the Revaluation Project.The Town is concerned,as there are so many inaccuracies in these publications. The Board would like to invite Mr. Engel for a meeting to try and understand his concerns and correct his inaccuracies. The Board was updated on the recent robbery that occurred near Glen Road and Valley Road. A resident coming home late from work was confronted by a man who stated he had a gun and demanded the man's back pack. The resident handed over his pack and the man fled. Councilwoman Witmer noted a Special Meeting of the Fire Council to discuss the replacement of the Career Firefighter due to the recent retirement within the Department. The Board entered a closed session in order to receive advice of counsel from Mr. Maker. CLOSED SESSION Advice of Council CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:10 PM, she then pointed out the location of the exits. SWEARING IN CEREMONY Town Justice Dolores Battalia swore in Councilwoman Jaine Elkind Eney Supervisor Seligson noted the many dignitaries and guests in attendance and thanked everyone for coming. SUPERVISOR'S REPORT Supervisor Seligson noted the agenda items discussed during Work Session, reiterating to the audience that the Work Session is open to the public. Supervisor Seligson reported that this coming year,the Board would like to begin the Budget process sooner. Additionally,the Board will be discussing the implementation of Focus Groups. Supervisor Seligson reported on the Westchester Joint Water Works water leak in a 30"water main. Fortunately, the water pressure was maintained during the disturbance. Supervisor Seligson noted the wonderful 3 January 18, 2012 turn out for the Dr. Martin Luther King,Jr. event,adding James Forbes,the keynote speaker was fantastic. Supervisor Seligson noted the receipt of the resignation of Town Justice Dolores Battalia. Anyone interested in being considered for this appointment should contact the Supervisor's Office. ORAL COMMUNICATIONS None PUBLIC HEARING(S) — "Update to the Town's Ethics Law" law. The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York,and pursuant to a resolution of the Mamaroneck Town Board adopted December 14, 2011,a Public Hearing will be held on Wednesday, January 18,2012 at 8:00 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"Update to the Town's Ethics Law" law. Purpose: To update and add titles to the list of employees in "sensitive positions" which previously were not on that list. Additionally, the current ethics law makes a violation of the law a criminal offense. Since any major violation of the ethics law would also violate the New York State Penal Law, the Town Board determines that duplication of criminality to be unnecessary. Finally, this amendment adds a new section to the law designed to regulate, through procedures contained in the Town's Administrative Manual, employees who may do "outside" work for the Town (e.g., an employee being paid to do electrical work at a Town-owned building). The full text of this Amendment may be examined and copies obtained at the Town Clerk's office during regular hours, Monday - Friday, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, New York PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: January 6,2012 On motion of Councilwoman Wittner,seconded by Councilwoman Katz,the Public hearing was unanimously opened. Mr. Maker explained the purpose of the hearing. Mr. Maker continued stating that during Work Session,the Town Board heard from Mr.Cammer a Member of the Mamaroneck Housing Authority who has made a cogent argument for why the members of the Housing Authority should be excluded from the list of employees in sensitive positions with respect to the Code of Ethics. Mr.Cammer's argument is that the Housing Authority is its own authority and therefore cannot be bound by Town Law. Mr. Maker stated that he has not completed his own analysis of this and noted that he could not vote on this Amendment tonight or it could remove the Housing Authority until such time as he can complete a full review of Mr. Cammer's argument. 4 January 18, 2012 Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilwoman Elkind Eney,seconded by Councilwoman Wittner,the Public Hearing was unanimously closed. On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was unanimously RESOLVED,that the Mamaroneck Town Board finds that the adoption of the proposed local law"Update to the Town's Ethics Law"is hereby declared to be a Type II Action,with no impact under the New York State Environmental Quality Review Act(SEQRA)and requiring no further action. On motion of Councilwoman Wittner,seconded by Councilman Odierna,the following Local law was approved: Local Law No. 1-2012 This local law shall be known as the"Update to the Town's Ethics Law" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: Periodically the Town Board reviews its laws regarding the ethical standards expected of Town employees and makes appropriate adjustments. This law accomplishes a variety of goals. It adds titles to the list of employees in "sensitive positions" which previously were not on that list. These titles include the Counsel to the Board of Appeals,the Counsel to the Planning Board,the Deputy Receiver of Taxes,the Environmental Coordinator,the members of the Board of Ethics and the Receiver of Taxes. The current ethics law makes a violation of the law a criminal offense. Since any major violation of the ethics law would also violate the New York State Penal Law,the Town Board determines that duplication of criminality to be unnecessary. Finally,this amendment adds a new section to the law designed to regulate,through procedures contained in the Town's Administrative Manual,employees who may do"outside"work for the Town (e.g.,an employee being paid to do electrical work at a Town-owned building). Section 2—Amendment of a current section of the Mamaroneck Code: The definition of SENSITIVE POSITION contained in section17-4 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: SENSITIVE POSITION The following positions entail potential conflicts of interest and are deemed to be sensitive positions: (1) Alternate member of the (a) Board of Appeals (b) Board of Architectural Review, (c) Board of Assessment Review and (d) Planning Board (2) Ambulance District Director (3) Assessor (4) Assistant Building Inspector (5) Assistant to the Town Administrator (6) Building Inspector (7) Comptroller (8) Consulting Engineer (9) Counsel to the (a) Board of Appeals (b) Planning Board 5 January 18, 2012 (c) Town (10) Deputy Comptroller (11) Deputy Fire Chief (12) Deputy Receiver of Taxes (13) Deputy Supervisor (14) Deputy Town Clerk (15) Director of Building Code Enforcement and Land Use Administration (16) Director of Public Housing, Public Housing Administrator (17) Environmental Coordinator (18) Fire Chief (19) Fire Inspector (20) General Foreman (21) Member of the (a) Board of Appeals (b) Board of Architectural Review (c) Board of Assessment Review (d) Board of Ethics (e) Planning Board (f) Town Board (22) Police Chief (23) Real Property Appraiser (24) Receiver of Taxes (25) Senior Engineering Aide (26) Superintendent of Highways (27) Superintendent of Recreation (28) Supervisor (29) Town Administrator (30) Town Clerk (31) Town Engineer (32) Town Justice (33) Town Prosecutor Section 3—Amendment of a current section of the Mamaroneck Code: Section17-5 I. of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: I. Violations. (a) A charge for violating a provision of this article shall be brought by the Town Administrator. If the charge is against the Town Administrator, such charge shall be brought by the Supervisor. (b) For employees entitled to be disciplined pursuant to the New York Civil Service Law, a charge for violating a provision of this article shall be adjudicated in accordance with the New York Civil Service Law. All other such charges shall be heard by a person appointed by the Town Board who shall report his/her findings to the Town Board. (c) If the person conducting the hearing finds that the person charged violated a provision of this article, that person shall recommend a form of punishment which may be (i) a reprimand, (ii) a fine not to exceed $100, (iii) suspension, without pay for a period not to exceed two months, (iv) demotion in grade and title or (v) dismissal from service. Based upon the record developed at the hearing, the Town Board may accept, reject or modify the hearing officer's findings of fact and conclusion as to whether the person charged violated a provision of this article. If the Town Board finds that the person charged did violate a provision of this article, it either (i) shall impose the punishment recommended by the hearing officer or (ii) shall impose one of the other possible disciplines listed above. Section 4—Addition of a paragraph to a current section of the Mamaroneck Code: Section17-5 A.of the Code of the Town of Mamaroneck hereby is amended to add the following: (4) Notwithstanding any other provision of this article, (a) an employee may be compensated by the Town for services which the employee performs for the Town and (b) a business, by which the employee is employed or in which the employee or his/her spouse, parent or child has an interest, may be compensated by the Town for services which such business performs for the Town; provided that such employee or business follows the protocols contained in the Town's Administrative 6 January 18, 2012 Manual promulgated by the Town Administrator. For the purpose of the preceding sentence, the term"Town"includes the Town's Departments, Boards,Commissions Authorities and Agencies. Section 5—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 6—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Seligson then on motion of Commissioner Wittner, seconded by Commissioner Odierna,the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Nancy Seligson Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Abby Katz Commissioner: Jaine Elkind Eney 1. FIRE CLAIMS Commissioner Odierna presented fire claims for authorization of payment,thereafter on Commissioner Odierna's motion,seconded by Commissioner Wittner,it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency Supply Face Mask,LightBox,Markers,Scott Amp Repair 1,096.11 Bound Tree EPI,Albuterol and Adhesive Dressings 214.37 Brewer Reflector Tape 31.82 Brewer Screws/Fasteners 10.97 Cleaning Systems Cleaning Supplies 645.65 Con Edison Gas Service 11/30/11-12/30/11 963.23 Galls ANSI Vests 499.85 IKON Copier Rental 12/22/11-1/21/12 204.35 Poland Springs Rent for Water Cooler-Dec.2011 135.97 Sound Shore Pest Control Exterminating Services-12/28/11 65.00 Technical Electronics Inc. Pager Repair&Replacement 389.50 Town of Mamaroneck Coalition Reimb for food for Dec. Drill 540.99 Town of Mamaroneck Coalition Reimb for meals for Bail Out Training&OSHA Physicals 470.74 Town of Mamaroneck Coalition Reimb. For Safelite Autoglass for Rescue 6 78.93 7 January 18, 2012 Verizon Wireless Cell Phone Service-11/27/11-12/26/11 216.72 Villamaria Inc. Food for Explorer Drill-12/29/11 59.72 Westech Elevator Jan.2012 Maintenance 175.00 Total: 5,798.92 The above resolution was put to a roll call vote: Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Wittner Aye Commissioner Seligson Aye 2. Other Fire Department Business On motion of Commissioner Wittner,seconded by Commissioner Katz,the following was approved, WHEREAS,the Town Fire Department has received approval of a Community Project Appropriations Grant in the amount of$15,000.00 for the replacement of radio and paging communications equipment. NOW THEREFORE, BE IT RESOLVED,that the Fire Commission does herby authorize the establishment of Capital project #2012-18,and establish the budget as follows: EXP H.3410.0400.2012.18 Fire Equipment $15,000.00 REV H.0000.3397.2012.18 State Grant—Fire Community Projects $15,000.00 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye On motion of Commissioner Wittner,seconded by Commissioner Elkind Eney,the following was approved, WHEREAS,Town Law§176-b(7)(a) authorizes the New York State Fire Administrator to grant any fire district or fire company a waiver from the 45% non-resident member limitations of the Town Law§ 176-b(7) (a),and WHEREAS,an exemption from Town Law§ 176-b(7)(a)is deemed desirable. NOW THEREFORE, BE IT RESOLVED,that the Board of Fire Commissioners of the Town of Mamaroneck Fire District desires a waiver from the 45% non-resident membership limit of Town Law§ 176-b (7) (a)and authorizes Theodore L. Hecht, Department Attorney,Town of Mamaroneck Fire Department,to submit the waiver application requesting the exemption,to the New York State Fire Administrator together with any other requested documents,information or materials. 8 January 18, 2012 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye Commissioner Wittner noted that the Fire Council will hold a Special meeting to discuss filling the vacancy within the Department created with the retirement of a Career Fire Fighter. There being no further business to come before the Commission,on motion of Commissioner Wittner, seconded by Commissioner Elkind Eney,the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization—Parking Violations Management Agreement On motion of Supervisor Seligson,seconded by Councilwoman Wittner,the following was approved, WHEREAS,the Town currently has an agreement with Complus Data Innovations, Inc.,for the processing of parking tickets issued by the Town of Mamaroneck,and WHEREAS,the renewal contract will provide for one(1)additional one-piece handheld ticket writer including all hardware, updating the current one-piece handheld writer,one additional Software License to Complus' Fast Track System, at no additional cost. NOW THERFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby accept the Contract with Complus Data Innovations, Inc.,for the processing of parking tickets issued by the Town of Mamaroneck,at the following fee schedule: 12.5%of all In-State Parking Ticket Collections 20%of all Out-of-State Parking Ticket Collections The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 2. Appointments—Boards&Commissions BOARD OF ARCHITECTURAL REVIEW On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was unanimously RESOLVED,that Ken Ricci be reappointed as Member C of the Board of Architectural Review,and 9 January 18, 2012 BE IT FURTHER RESOLVED,that the foregoing appointment shall be effective(A)immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and (B)shall expire on December 31,2013. On motion of Councilman Odierna,seconded by Councilwoman Wittner,it was unanimously RESOLVED,that Diane Neff be reappointed as Member E of the Board of Architectural Review,and BE IT FURTHER RESOLVED,that the foregoing appointment shall be effective(A)immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and (B)shall expire on December 31,2014. On motion of Councilman Odierna,seconded by Supervisor Seligson,it was unanimously RESOLVED,that Edward Jacobson shall serve as Chairperson of the Board of Architectural Review for the year 2012. BOARD OF ETHICS On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was unanimously RESOLVED,that Carol Scharff be reappointed to position of Member E of the Board of Ethics; 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, 2014; and BE IT FURTHER RESOLVED,that Martin Ronan shall serve as the Chairperson of the Board of Ethics for the year 2012. CIVIL OFFICERS On motion of Councilwoman Katz,seconded by Councilwoman Wittner,it was unanimously RESOLVED,that Jay Reynolds is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one year,effective January 1,2012 and terminating on December 31, 2012; and BE IT FURTHER RESOLVED,that Frank Maresca is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one year,effective January 1,2012 and terminating on December 31, 2012, and BE IT FURTHER RESOLVED,that Frank Cioffi is hereby reappointed as Civil 10 January 18, 2012 Officer of the Town of Mamaroneck to serve a term of office of one year,effective January 1,2012 and terminating on December 31, 2012, and BE IT FURTHER, RESOLVED,that the foregoing appointments shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law. PLANNING BOARD On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,it was unanimously RESOLVED,that George Roniger, be reappointed as Member F of the Planning Board,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, 2018. On motion of Councilwoman Elkind Eney,seconded by Councilwoman Wittner,it was unanimously RESOLVED,that Marc Rosenbaum shall serve as Chairperson of the Planning Board for the year 2012. On motion of Councilwoman Elkind Eney,seconded by Councilwoman Wittner,it was unanimously RESOLVED,that John Ortiz shall serve as Vice Chairperson of the Planning Board for the year 2012. TRAFFIC COMMITTEE On motion of Councilwoman Katz,seconded by Councilwoman Wittner,it was unanimously RESOLVED,that Camille Odierna be reappointed to the position of Member F of the Town of Mamaroneck 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, 2014; and BE IT FURTHER RESOLVED,that William Zelenka be reappointed to the position of Member G of the Town of Mamaroneck 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, 2014; and 11 January 18, 2012 BE IT FURTHER RESOLVED,that Stephen Bartell be appointed to the position of Member E of the Town of Mamaroneck Traffic Committee,and BE IT FURTHER RESOLVED,that the foregoing appointments 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, 2014; and BE IT FURTHER RESOLVED,that Doris Block shall serve as the Chairperson of the Traffic Committee for the year 2012. RECREATION COMMISSION On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was unanimously RESOLVED,that William Paonessa, be reappointed as Member D of the Recreation Commission,and BE IT FURTHER RESOLVED,that the foregoing appointments 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, 2018. On motion of Councilman Odierna,seconded by Councilwoman Katz,it was unanimously RESOLVED,that Rita Plansky, be reappointed as Member E of the Recreation Commission,and BE IT FURTHER RESOLVED,that the foregoing appointments 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, 2018. On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was unanimously RESOLVED,that Terry Rainaldi, be reappointed as Member F of the Recreation Commission,and BE IT FURTHER RESOLVED,that the foregoing appointments 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, 2018. TREE PRESERVATION COMMISSION On motion of Councilwoman Wittner,seconded by Councilwoman Katz,it was unanimously RESOLVED,that Ronald Carpaneto, Director of Building Code Enforcement and Land Use Administration shall serve as the 12 January 18, 2012 chairperson of the Tree Preservation Commission effective January 1, 2012 terminating December 31, 2012. ZONING BOARD OF APPEALS On motion of Supervisor Seligson,seconded by Councilwoman Katz,it was unanimously RESOLVED,that Arthur Wexler shall serve as Chairperson for the Zoning Board of Appeals for the year 2012. 3. Authorization—Bonding Resolution 2012 Capital Projects Supervisor Seligson explained that the following Bond Resolutions are for Capital projects the Town has discussed and approved during the budget process and is now ready for funding. The Board discussed these at length during tonight's Work Session. Mr.Altieri gave an explanation of the six(6) Bonding Resolutions before the Board as follows: 1. $190,000.00 for Administrative Vehicles,the Senior Center Passenger Bus and Computer Hardware&Software 2. $430,000.00 Phase one of the Hommocks Ice Rink Renovation,including Lighting, dehumidification system,Ventilation System,Ceiling Repairs and Fire Alarm System 3. $50,000.00 Tile Repairs to the Hommocks Training and Wading Pools 4. $125,000.00 Two-Way Radio System Upgrades as required by State Mandate and offset by Grant Funding in the amount of$15,000.00 5. $25,000.00 Replacement of Salt Spreader on Highway Dump Truck with a "swap body' Type 6. $325,000.00 Highway Equipment; Heavy Duty Utility Truck, Backhoe,Six(6)Well Dump Truck On motion of Councilwoman Elkind Eney,seconded by Councilman Odierna,the following was approved BOND RESOLUTION DATED JANUARY 18,2012. A RESOLUTION AUTHORIZING THE ISSUANCE OF $190,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF VARIOUS TOWN PURPOSES, IN AND FOR SAID TOWN. WHEREAS, acquisition of the capital items hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck,Westchester County,New York,as follows: Section 1. The following are hereby authorized in and for the Town of Mamaroneck, Westchester County,New York: 13 January 18, 2012 a) The purchase of administrative vehicles to replace ones in service for at least three years or more, including incidental equipment and expenses, at a maximum estimated cost of $55,000, being a class of objects or purposes having a period of probable usefulness of 3 years, pursuant to subdivision 77(15`) of paragraph a of Section 11.00 of the Local Finance Law; b) The purchase of a passenger bus, including incidental equipment and expenses, at a maximum estimated cost of$60,000, being a specific object or purpose having a period of probable usefulness of 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; and C) The purchase and installation of computer hardware and software, including incidental equipment and expenses, at a maximum estimated cost of $75,000, being a class of objects or purposes having a period of probable usefulness of 5 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 serial bonds herein authorized shall not exceed 5 years(3 years in the case of the administrative vehicles). Section 2. It is hereby determined that the plan for the financing of the aforesaid total maximum estimated cost of the aforesaid objects or purposes is by the issuance of $190,000 serial bonds of the Town hereby authorized to be issued therefor, allocated in accordance with the maximum estimated cost of each as set forth in Section 1 hereof. Section 3. 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 fficer. 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 4. The faith and credit of said Town of Mamaroneck,Westchester County, New York,are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town,a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck,Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. 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 said Supervisor shall deem best for the interests of said Town; provided, however,that in the exercise of these delegated powers,said 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 such bonds,including determining whether to issue such bonds having substantially level or declining annual debt service 14 January 18, 2012 and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds,appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town),the date, denominations, maturities and interest payment dates, place or places of payment,and also including the consolidation with other issues,shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law,as the Supervisor shall determine. Section 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. 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 10. This resolution,which takes effect immediately,shall be published in summary form in the official newspaper,together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Councilwoman Wittner Aye Supervisor Seligson Aye On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the following was approved BOND RESOLUTION DATED JANUARY 18,2012. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $430,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF THE HOMMOCKS ICE RINK, IN AND FOR SAID TOWN. 15 January 18, 2012 WHEREAS, the capital improvement hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; NOW,THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck,Westchester County, New York,as follows: Section 1. For the specific object or purpose of paying the cost of the reconstruction of the Hommocks Ice Rink, including replacement of equipment and acquisition of other incidental equipment and expenses in connection therewith, in and for the Town of Mamaroneck, Westchester County, New York,there are hereby authorized, subject to permissive referendum,to be issued $430,000 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 specific object or purpose is $430,000 and that the plan for the financing thereof is by the issuance of the $430,000 of bonds of the Town authorized to be issued therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. 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 of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law,as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150- 2. Other than as specified in this resolution, no monies are, or are 16 January 18, 2012 reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye The resolution was thereupon declared duly adopted On motion of Councilman Odierna,seconded by Councilwoman Wittner,the following was approved BOND RESOLUTION DATED JANUARY 18,2012. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $50,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,TO PAY THE COST OF THE RECONSTRUCTION OF THE HOMMOCKS TRAINING AND WADING POOL, IN AND FOR SAID TOWN. WHEREAS, the capital improvement hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; 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: 17 January 18, 2012 Section 1. For the specific object or purpose of paying the cost of the reconstruction of the Hommocks Training and Wading Pool, including incidental equipment and expenses in connection therewith, in and for the Town of Mamaroneck, Westchester County, New York, there are hereby authorized, subject to permissive referendum,to be issued $50,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of said specific object or purpose is $50,000 and that the plan for the financing thereof is by the issuance of the $50,000 of bonds of the Town authorized to be issued therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 61 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms,form and contents,and shall be sold in such manner,as may be prescribed by said Supervisor,consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law,as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150- 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, 18 January 18, 2012 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Councilwoman Wittner Aye Supervisor Seligson Aye On motion of Councilman Odierna,seconded by Councilwoman Wittner,the following was approved BOND RESOLUTION DATED JANUARY 18,2012. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $125,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE AND INSTALLATION OF TWO-WAY RADIO SYSTEM UPGRADES, FOR SAID TOWN. WHEREAS, acquisition of the capital item hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck,Westchester County, New York,as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase and installation of two-way radio system upgrades, including incidental equipment and expenses in connection therewith, in and for the Town of Mamaroneck, Westchester County, New York, there are hereby authorized, subject to permissive referendum, to be issued $125,000 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 $125,000 and that the plan for the financing thereof is by the issuance of the $125,000 of bonds of the Town authorized to be issued therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 98 of paragraph a of Section 11.00 of 19 January 18, 2012 the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms,form and contents,and shall be sold in such manner,as may be prescribed by said Supervisor,consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law,as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150- 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: 20 January 18, 2012 Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Councilwoman Witmer Aye Supervisor Seligson Aye The resolution was thereupon declared duly adopted. O n motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,the following was approved, BOND RESOLUTION DATED JANUARY 18,2012. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $25,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,TO PAY THE COST OF THE PURCHASE OF A SALT SPREADER, FOR SAID TOWN. WHEREAS, acquisition of the capital item hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck,Westchester County, New York,as follows: Section 1. For the specific object or purpose of paying the cost of the purchase of a salt spreader, including incidental equipment and expenses in connection therewith, in and for the Town of Mamaroneck, Westchester County, Newyork, there are hereby authorized, subject to permissive referendum, to be issued $25,000 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 specific object or purpose is $25,000 and that the plan for the financing thereof is by the issuance of the $25,000 of bonds of the Town authorized to be issued therefor. 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 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms,form and contents,and shall be sold in such manner,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 21 January 18, 2012 bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law,as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150- 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Councilwoman Wittner Aye Supervisor Seligson Aye The resolution was thereupon declared duly adopted. On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,the following was approved, 22 January 18, 2012 BOND RESOLUTION DATED JANUARY 18,2012. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $325,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF CONSTRUCTION AND MAINTENANCE EQUIPMENT, FOR SAID TOWN. WHEREAS, acquisition of the capital items hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck,Westchester County, New York,as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase of construction and maintenance equipment, each item of which is $30,000 or more, including incidental equipment and expenses in connection therewith, in and for the Town of Mamaroneck, Westchester County, Newyork, there are hereby authorized, subject to permissive referendum, to be issued $325,000 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 $325,000 and that the plan for the financing thereof is by the issuance of the $325,000 of bonds of the Town authorized to be issued therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms,form and contents,and shall be sold in such manner,as may be prescribed by said Supervisor,consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the 23 January 18, 2012 manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law,as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150- 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Councilwoman Wittner Aye Supervisor Seligson Aye The resolution was thereupon declared duly adopted. 4. Set Public Hearings—Garbage District Bond On motion of Councilwoman Wittner,seconded by Councilwoman Katz,the following was approved, In the Matter of ORDER The Increase and Improvement of the Facilities CALLING of the Town of Mamaroneck Garbage District PUBLIC No. 1, in the Town of Mamaroneck, HEARING Westchester County, New York 24 January 18, 2012 WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York (the "Garbage District"), being the purchase of a new refuse collection vehicle, including incidental expenses in connection therewith,at a maximum estimated cost of$190,000; 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 Garbage District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW,THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, in Mamaroneck , New York, in said Town, on February 1, 2012, at 8:00 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of the Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck,Westchester County, New York, 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: Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Councilwoman Wittner Aye Supervisor Seligson Aye The Order was thereupon declared duly adopted. 25 January 18, 2012 5. Set Public Hearings-Sewer District Bond On motion of Councilwoman Witmer,seconded by Councilwoman Katz,the following was approved, In the Matter of ORDER The Increase and Improvement of the Facilities of CALLING Sewer District No. 1, in the Town of Mamaroneck, PUBLIC Westchester County, New York HEARING WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Sewer District No. 1, in the Town of Mamaroneck, Westchester County, Newyork (the "Sewer District"), being the construction of improvements to and reconstruction of the pump station, located on Baldwin Avenue, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of$65,000; 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 the documentation relating to SEQRA is available in the office of the Town Clerk for inspection during normal office hours; 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 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 1, 2012, at 8:00 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of the Sewer District No. 1, in the Town of Mamaroneck,Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper,and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty,days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: 26 January 18, 2012 Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Councilwoman Wittner Aye Supervisor Seligson Aye The Order was thereupon declared duly adopted. 6. Update—Property Revaluation Mr.Altieri stated that the data collectors are out in the community and will continue. Westchester County's photography is available and the Town will be utilizing these photos as part of the electronic property cards. Mr.Altieri encouraged residents to contact GAR Associates to make an appointment for an inspection,adding if GAR Associated comes to your home while you are not there you will receive a post card asking that you contact them. Mr.Altieri stated that there has been a 60% response rate on the surveys that were mailed. Supervisor Seligson encouraged residents with any concerns to contact the Town Board to get answers. Mr.Altieri re-emphasized that if any of the neighborhood Associations who would like a workshop held to please contact GAR. Workshops have already been held for the School District, League of Women Voters, real estate agencies and more. Supervisor Seligson reminded residents of the amnesty program in which penalty fees are being waved, as long as you permit the work and pay the permit fee. 7. Authorization—Transfer of Funds—Tree Fund Supervisor Seligson explained that the Town would like to transfer funds from the Tree Bond Fund to the Tree Planting Fund. These funds include any unclaimed tree bonds that were collected by the Town between 1993 and 2005. The Town Attorney has advised the Town that any unclaimed funds,older than 6 years,can legally be transferred into a tree planting fund. On motion of Councilwoman Wittner,seconded by Councilwoman Katz,it was RESOLVED,that the Mamaroneck Town Board does hereby approve the following Fund Transfer LIAB. TA.0000.0041 Tree Maintenance Bond $ ($29,354.46) LIAB. T.0000.0097 Tree Planting Fund $ $29,354.46 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 8. Salary Authorizations Highway Department 27 January 18, 2012 On motion of Councilman Odierna,seconded by Councilwoman Wittner,it was RESOLVED,that the Mamaroneck Town Board does hereby appoint Joseph Giordano as a full time laborer with the Highway Department effective Thursday January 19, 2012 at an annual salary of$31,872.00. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye Senior Center Bus Driver On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was RESOLVED,that the Mamaroneck Town Board does hereby a approve the salary adjustment for Senior Center bus driver Calvin Laughlin from an hourly rate of$12.00 per hour to$13.50 per hour,effective January 19,2012. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 9. Authorization 2012/13 Snow&Ice Agreement On motion of Councilman Odierna,seconded by Councilwoman Katz,the following was approved, WHEREAS,the Town of Mamaroneck conducts snow and ice control on both the Boston Post Road and Weaver Street which are roadways owned by the State of New York,and WHEREAS,in consideration of the Town's snow and ice control activity,the State reimburses the Town,and WHEREAS,the current Agreement expires on June 30,2012,and NOW,THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve extending the for a period of one year to expire on June 30,2013,the agreement with the New York State Department of Transportation for snow and ice control activity for the 9.2 miles of State road at a rate of$1,578.00 per mile,for a yearly total of$14,517.60. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 28 January 18, 2012 10. Declaration of Surplus Equipment—Community Services On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,the following was approved, WHEREAS,in 2010 as part of the Westchester County Grant Funding for the Senior Center Nutritional program a stove was purchased for the new kitchen,and WHEREAS,there is a potential safety hazard with the stove ordered and cannot be installed,and WHEREAS,since the stove is not returnable,the Town would like to accept an offer on Craig's List in amount of$800.00. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby declare the stove to be surplus and accepts the sum of$800.00 for the sale of the stove,and BE IT FURTHER, RESOLVED,that the Town Administrator is hereby authorized to execute the sale. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 11. Certiorari On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was RESOLVED,that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Societe General 900 Old Post Road Mamaroneck, NY 10543 Block: 965 Lot: 1 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2010 $25,000 $13,450 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 29 January 18, 2012 12. Set Public Hearing—Dissolution of the Historic Records Committee On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the"Elimination of the Historic Records Committee" Law for February 1, 2012 at 8:OOPM in the Court Room of the Town Center,and BE IT FURTHER, RESOLVED,that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper,and that said notice, be posted. APPROVAL OF MINUTES- December 7,2011 and December 14, 2011 On motion of Councilwoman Wittner,seconded by Supervisor Seligson,it was RESOLVED,that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of December 7, 2011 and December 14,2011. The above resolution was put to a roll call vote: Elkind Eney ABSTAIN Katz ABSTAIN Odierna Aye Wittner Aye Seligson Aye WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilwoman Elkind Eney noted since this was her first meeting she has not attended any meetings of the Boards&Commissions,adding she is looking forward to her new position with the Town. Councilwoman Katz attended the Planning Board Meeting. Discussion was regarding the Acura Dealership Project on Fifth Avenue. Councilwoman Wittner asked if any of these petitions will be sent to the Coastal Zone Management Commission,adding if not that seems inconsistent with Town Policy. Councilwoman Katz continued,stating the house that was there prior has been demolished,adding the property is in a mixed use zone. Councilwoman Wittner continued that she has concerns about this project and will be contacting the Planning Board and Coastal Zone Management Commission. Supervisor Seligson stated she agreed with Councilwoman Wittner. Councilman Odierna stated he was looking forward to new Liaison assignments by Town Board Member to the various Boards and Commissions. Councilman Odierna thanked Councilwoman Katz for her excellent report on her attendance at the Planning Board Meeting.Councilman Odierna is glad to see the oral communication item moved to the beginning of the meetings,adding the Town should work toward a more interactive possibly'live'dialogue during Town Board Meetings. Supervisor Seligson noted that the Town has received notice that the Memorial Service for Lee Bloom will take place on March 41",at 1:30 PM in the Garden Room of the Larchmont Temple. 30 January 18, 2012 The Town Board noted that there are a number of vacancies on various Boards&Commissions,adding residents should look for specifics on the Town Web-site. ADJOURNMENT Supervisor Seligson closed the meeting by welcoming the new Town Board Members and thanking Bill Maker and Christina Battalia for their hard work and guidance. On motion of Councilwoman Wittner,seconded by Supervisor Seligson,the Meeting was adjourned at 9:53 PM. Submitted by Christina Battalia,Town Clerk 31