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HomeMy WebLinkAbout2012_02_01 Town Board Minutes February 1, 2012 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON FEBRUARY 1,2012, 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 Supervisor Seligson,seconded by Councilwoman Elkind Eney,the Work Session was unanimously opened at S:OOPM. Housing Implementation/Model Ordinance—Appearance by Rose Noonan Additionally present: Rose Noonan, Executive Director,Westchester Housing Action Council Rick Cherry,Chair of the Town of Mamaroneck Ms. Noonan began by giving the Town Board her background. Ms. Noonan, has worked with the Washington Housing Alliance, I.C.A.R.E. and the Pace Law Center,for several years. Ms. Noonan has been an advisor to the Monitor for Westchester County's Housing Settlement. Ms. Noonan explained what she feels are the main issues/facts involving the Settlement. The Settlement requires 750 units be built, currently 500 are in the pipeline. In less than seven years all 750 units will need to be completed. For the long term,institutional changes to local zoning will be a significant factor.A number of municipalities have adopted the Model Ordinance exactly,while many others are working on an adapted version. What appears to be of some confusion and something that has been recently modified is the Marketing Plan. A general discussion continued between Ms. Noonan the Town Board and Mr.Cherry ensued. Ms. Noonan,at the request of Mr.Cherry,stated that there is five million dollars in available funding from the Settlement, but it is going fast. Ms. Noonan stated that she believes the Monitor for the Settlement feels the County is working in good faith,adding the 'source of income'debate is an issue and is currently in litigation,adding there is strong lobbying from landlords'. Supervisor Seligson stated that the Town needs to be proactive,adding that the Town has a very successful Housing Authority that is a willing participant,as well as an excellent resource. The Town asked Mr. Maker to look at the Model Ordinance and advise the Board further at the February 6th Town Board Meeting. Ms. Noonan distributed copies of the Westchester County Fair and Affordable Housing Implementation Plan: Appendix D-1 (i):Model Ordinance Provisions The Board thanked Ms. Noonan as well as Mr. Cherry for speaking with the Board. On motion of Supervisor Seligson,seconded by Councilman Odierna,the Town Board entered into a closed session to receive advice of Counsel. 1 February 1, 2012 CLOSED SESSION Advice of Counsel On motion of Supervisor Seligson,seconded by Councilwoman Katz,the Board unanimously agreed to reenter Work Session. Town Justices Additionally present:Town Justice Jean Marie Brescia and recently retired Town Justice Dolores Battalia. The Justices were present to discuss with the Town Board the qualifications for the upcoming appointment of a Town Justice to replace Justice Dolores Battalia,as well as general functions of the Court. Retired Town Justice Dolores Battalia felt at liberty to now discuss a number of items,she would not have normally discussed as a sitting Justice.Justice Battalia began by noting that the Town may want to review the Quality of Life Ordinances,adding as it now stands all Quality of Life Violations require an appearance. Justice Battalia stated that the Town Board should consider using the 'boot'for parking scofflaws,adding violators must pay their fines before the boot is removed,essentially guaranteeing payment of outstanding fines.Justice Battalia reminded the Town Board that the Town Prosecutors are Town employees,adding the Board should let their feelings be known to the Prosecutors in what the Board feels should be strongly enforced and what might be waived.Justice Battalia responded to a question regarding the amount of 'homework'involved by stating that the Court does not have law clerks so all research and trial preparation is done solely by the Justices'. Judge Brescia spoke specifically on the qualifications for the Town Justice.Some of her key points were Judicial Temperament,a willingness to learn the law, availability and willingness to put in the time on the job,an understanding of the community, understanding the Court and an ability to manage it.With respect to temperament,Judge Brescia emphasized an ability to control the Court Room in a dignified,calm and serious manner,adding one must never be rude and should always take the high road. A Justices must be flexible with their time,as the Court hours can be unpredictable. Justice Dolores Battalia had some additional comments regarding the appointment which she felt as newly retired she was now free to comment on. The Town Board thanked the Justices adding how incredibly helpful it was to hear clearly and firsthand what the Justices'do on a day to day basis,as well as the detailed functions of the Court. Justice Brescia excused herself. Justice Battalia asked the Town Board to not just consider applicants based on what is on paper,adding it is more important for a Justice to be humble,collegial and flexible,than it is to have criminal experience. Justice Battalia asked the Board to give deference to Justice Brescia,as although she is limited in her involvement with respect to an appointment,she is an amazing resource that should be tapped during this process. Justice Battalia stated that she feels the appointment should be a resident of the unincorporated area,as a majority of the cases before the Court are unincorporated residents. Finally,the Board should consider the electability of any appointment as that person will need to run in November,adding that consistency and continuity in the Court is vital and making another change in November would not be the best scenario for the Court. Update-EPA Administrative Order-Coliform Counts The Town Board reviewed a memo from Mr.Altieri re-outlining and updating the Board with respect to the EPA Order.The Town has been waiting for a revised administrative order,which has now been received and was attached to Mr.Altieri's memo. The revised order reduced the number of contaminated locations needing attention from seven to two;those being Pryor Manor Road/Dillon Road area and the Fenbrook Subdivision off Fenimore Road. It is estimated that the engineering services and investigations associated with illicit discharges would be$40,000. The cost for any mitigation to eliminate illicit discharge will be estimated after the completion of the engineering plan. The time frame for the order was mutually agreed upon with the Town and the EPA. 2 February 1, 2012 Update-Walgreens Mr.Altieri stated that the Town has again met with representatives from Walgreens regarding the proposed store on Boston Post Road. Mr.Altieri's stated that nothing has changed with plans for the existing building and parking lot,the proposal is still in compliance with the requirements of the B-Business District Zone and therefore,does not require a Site Plan or Special Permit Review. Mr.Altieri's memo states four proposed conditions Walgreens and the Town have discussed, proposed hours from 7:00am- 10:00pm,deliveries between 9:30am and 2:OOpm, retrofitting storm drains in the parking lot and a contribution of$10,000 by Walgreens to resurface Hommocks Road. Mr.Altieri stated that these 'conditions'are not mandatory and Walgreens may not agree to them. ADDED ITEM Crime Policy Supervisor Seligson asked the Board to consider whether a policy should be established for the disbursement of information pertaining to crimes and law enforcement procedures. Supervisor Seligson stated that residents are concerned about recent burglaries and particularly about the recent robbery. The Board discussed the difference between alerting residents and alarming them. Supervisor Seligson noted that the Larchmont Gardens'Civic Association has requesting a 'seminar'on home safety and a general forum with the Police Department. Update Colonial/Murray Avenue Crossing Councilwoman Katz noted that she has spoken to the PTA and they have agreed to contribute$1,000 towards repairing the flashing light on Murray Avenue. It was noted that the residents near the light need to be notified of the flashing light. Update-Mamaroneck Sewage Treatment Plant and Westchester Joint Water Works Supervisor Seligson,distributed a brief memo updating the Board on her recent meeting with Tom Lauro, Commissioner of Westchester County Department of Environmental Facilities and George Oros,cheif of staff to County Executive Rob Astornio, with Mayor Rosenbaum and Village Administrator Rich Slingerland, regarding work at the Mamaroneck Sewage Treatment Plant. In order to meet the State consent order deadline of 12/31/12,construction work at the sewage treatment plant will begin at 7 AM and go to 11 PM.Although the plant does not directly affect Town residents,the Board should be informed of the work. Regarding WJWW,Supervisor Seligson gave an update on the recent water main leak, noting the difficulty and expense in repairing the pipe. Supervisor Seligson noted that it appears there may be little cost difference in building a filtration plant versus the UV filter pipe for the WJWW. Appointments to Boards and Commissions Caroline Silverstone has accepted the appointment to the Housing Authority and Lynne Crowley is considering the Town Historian appointment;the Town is still working on the Zoning Board appointment. With respect to reducing the number of members for the Planning Board, Mr. Maker explained the difficulty in achieving this.Town Law allows a Town to reduce the size of a seven person Board to a five person Board, but it cannot terminate an existing member. Because of this,the Town could reduce the number of Board Members at the end of 2012 to six, but then could not make another reduction until 2017. In order to minimize deadlocks, having a six member Board is undesirable.The Town Board will put appointments to the Planning Board on hold. On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Town Board unanimously agreed to enter into an Executive Session to discuss collective bargaining with the PBA and the negotiations with respect to the purchase of real property. EXECUTIVE SESSION Collective Bargaining—PBA Negotiation—Purchase of Real Property 3 February 1, 2012 The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 PM, she then pointed out the location of the exits. SUPERVISOR'S REPORT Supervisor Seligson spoke of the recent robbery in the Town.Supervisor Seligson stated that this was an isolated incident and the Police are continuing with their investigation. Supervisor Seligson noted the agenda items discussed during Work Session,specifically the Westchester County Housing Settlement. Supervisor Seligson noted that the Town Justices'spoke to the Board concerning the administration of the Court and the qualifications for the new appointment of a Town Justice to replace Judge Battalia. Supervisor Seligson noted that the Town budget is benefitting nicely from the lack of snow. ORAL COMMUNICATIONS George Roniger,of the Larchmont Gardens'Civic Association,addressed the Board with concerns about the recent robbery. Larchmont Gardens'Civic Association would like to host a meeting with the Police Department and the residents specifically about home safety and ideas for making residents and the community more safe. The Town Board will set up a time and place and asked Mr. Roniger to follow up with the Administrator in the morning. Irving Scharff,334 Richbell Road addressed the Board with comments regarding the Reassessment Project. Mr.Scharff encouraged the Board to hold meetings with the public. The Town Board thanked Mr.Scharff, but added that the Town has been holding a series of workshops throughout the Town and that these are also available for viewing on demand through LMC-TV.The Town also has information on its Web site including forms, letters and links to additional sites for information. PUBLIC HEARING — Garbage District Bonding The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Hall, in Mamaroneck, New York, in said Town,on February 1,2012,at 8:00 o'clock P.M., Prevailing Time,for the purpose of conducting a public hearing upon a certain plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of the Town of Mamaroneck Garbage District No. 1, in said Town, being the purchase of a new refuse collection vehicle, including incidental expenses in connection therewith, at a maximum estimated cost of $190,000. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, January 25,2012. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk 4 February 1, 2012 Mr.Altieri stated that this bonding is for the replacement of a 15 year old truck. Supervisor Seligson noted that the Town Board has discussed this at length and was part of budget discussions last fall.Supervisor Seligson asked if anyone wished to speak about this subject. On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Public Hearing was unanimously closed On motion of Councilwoman Wittner,seconded by Councilwoman Katz,the following was approved, In the Matter of The Increase and Improvement of Facilities of Town: PUBLIC INTEREST ORDER of Mamaroneck Garbage District No. 1 in the Town of Mamaroneck,Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202b of the Town Law, relating to the proposed increase and improvement of the facilities of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck,Westchester County, New York, 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, at a meeting of said Town Board duly called and held on January 18, 2012, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Town of Mamaroneck Garbage District No. 1 in said Town at a maximum estimated cost of$190,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on February 1, 2012, at 8:00 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW,THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new refuse collection vehicle, including incidental expenses in connection therewith,at a maximum estimated cost of$190,000. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Councilwoman Wittner Aye Supervisor Seligson Aye BOND RESOLUTION DATED FEBRUARY 1,2012. A RESOLUTION AUTHORIZING THE ISSUANCE OF $190,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK GARBAGE DISTRICT NO. 1, IN THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Town of Mamaroneck 5 February 1, 2012 Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of$190,000; and WHEREAS, the capital project 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 it has been determined will not have a significant effect on the environment NOW,THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, Newyork, consisting of the purchase of a new refuse collection vehicle, including incidental expenses in connection therewith, there are hereby authorized to be issued $190,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is$190,000 and that the plan for the financing thereof is by the issuance of the $190,000 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Town of Mamaroneck Garbage District No. 1 as applicable in the manner provided by law,there shall annually be levied on all the taxable real property of said Town,a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor,consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however,that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals,in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action,suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a longterm basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 6 February 1, 2012 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 PUBLIC HEARING —Sewer District Bonding The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Hall, in Mamaroneck, New York, in said Town, on February 1, 2012, at 8:00 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of the Sewer District No. 1, in said Town, being the construction of improvements to and reconstruction of the pump station at Baldwin Avenue, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of$65,000. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, January 25,2012. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk On motion of Councilwoman Wittner,seconded by Councilwoman Katz,the Public Hearing was unanimously opened. Mr.Altieri stated that this bonding is for the Baldwin Avenue Pump Station of which the Town has been working on addressing for quite some time. Supervisor Seligson noted that the Town Board has discussed this at length and was part of budget discussions last fall. Supervisor Seligson asked if anyone wished to speak about this subject. On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Public Hearing was unanimously closed. On motion of Councilwoman Wittner,seconded by Councilman Odierna,the following was approved, In the Matter of The Increase and Improvement of Facilities of Town PUBLIC INTEREST ORDER of Mamaroneck Sewer District No. 1 in the Town of Mamaroneck,Westchester County, New York 7 February 1, 2012 WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202b of the Town Law, relating to the proposed increase and improvement of the facilities of Town of Mamaroneck Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, 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, at a meeting of said Town Board duly called and held on January 18, 2012, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Town of Mamaroneck Sewer District No. 1 in said Town at a maximum estimated cost of $65,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on February 1, 2012, at 8:00 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW,THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Town of Mamaroneck Sewer District No. 1, in the Town of Mamaroneck, Westchester County, Newyork, consisting of 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. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Councilwoman Wittner Aye Supervisor Seligson Aye BOND RESOLUTION DATED FEBRUARY 1,2012. A RESOLUTION AUTHORIZING THE ISSUANCE OF $65,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK SEWER DISTRICT NO. 1, IN THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Town of Mamaroneck Sewer District No. 1,in the Town of Mamaroneck,Westchester County, New York,at a maximum estimated cost of$65,000; and WHEREAS, the capital project 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 it has been determined will not have a significant effect on the environment NOW,THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of Town of Mamaroneck Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the construction of improvements to and reconstruction of the pump station, located on Baldwin Avenue, including incidental improvements and expenses in connection therewith,there are hereby authorized to be issued $65,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $65,000 and that the plan for the financing thereof is by the issuance of the $65,000 bonds of said Town authorized to be issued pursuant to this bond resolution. 8 February 1, 2012 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Town of Mamaroneck Sewer District No. 1 as applicable in the manner provided by law,there shall annually be levied on all the taxable real property of said Town,a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor,consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however,that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals,in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action,suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a longterm basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Councilwoman Wittner Aye Supervisor 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: 9 February 1, 2012 Commissioner: Nancy Seligson Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Abby Katz Commissioner: Jaine Elkind Eney 1. FIRE CLAIMS Councilwoman Elkind Eney noted that the$43,206.90 listed on the claims as'Life Insurance Renewal'is for the Service Awards program. Councilwoman Wittner added that this is an outstanding program that helps maintain volunteers; an annuity program that provides a death and disability benefit,as well as a small pension. Commissioner Elkind Eney presented fire claims for authorization of payment,thereafter on Commissioner Elkind Eney'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: A&M Industrial Supply Universal Pump and Calibration Gas Check $ 776.32 Amazon.com Office Supplies 369.71 Amazon.com Plates,Screwdriver, Post-it Notes 76.15 Brewer Yellow Paint Marker 8.26 Clean Air Co. CAC Service Labor 180.00 Division of Correctional Industries SPCL Police Sheriff Fire Plate 40.50 NFPA Fire Dept Dues 2/28/12-2/28/13 165.00 R&L Consulting Online Backup Fee for 2012-200 Gigs 199.95 Town of Mamaroneck Collation Reimb for food for Monthly Drill 302.75 VFIS Life In. Renewal 2012 43,206.90 Westchester County Assoc.of Fire Chiefs Fire Dept Dues 200.00 Total: $45,525.54 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 1. Salary Authorization—Fire Lieutenant Supervisor Seligson invited Fire Chief Brendan Collins and Deputy Chiefs'Joe Russo and Noah Goldberg to address the Board. 10 February 1, 2012 Chief Collins stated that the Fire Department interviewed three candidates for this position and found Ed Volpe to be the most qualified candidate. Mr.Volpe has been fulfilling the role of Lieutenant;the position has been vacant due to illness. Mr.Volpe is a twenty year veteran of the Department and Chief Collins is pleased to recommend his promotion to the Fire Commission. On motion of Commissioner Wittner,seconded by Commissioner Elkind Eney,the following was approved, RESOLVED,that the Mamaroneck Town Board does hereby promote Edmund J.Volpe from First Grade Firefighter to Fire Lieutenant effective February 2,2012 at an annual salary of $96,255.00. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye The Town Clerk administrated the Oath of Office to Mr.Volpe. 3.Other Department Business Commission Seligson noted the upcoming Installation Dinner this Saturday, February 4`"at which the new Officers will be installed. There being no further business to come before the Commission the Town Board reconvened. AFFAIRS OF THE TOWN 1. Extension of Pool Concession Agreement On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the following was approved WHEREAS,with the planned renovations for the Hommocks Ice Rink beginning this fall,and the subsequent need for a new request for proposal(RFP)to be prepared,it is the recommendation that the current agreement be extended. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby authorize extending the Concession Agreement for the Hommocks Pool/Ice Rink with Slapshot Cafe through September 15,2012. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 11 February 1, 2012 2. Consideration—Stipulation of Settlement—PBA On motion of Councilman Odierna,seconded by Councilwoman Katz,the following was approved, WHEREAS, negotiations between the Town of Mamaroneck and the Police Benevolent Association (PBA) began on August 9,2010 with a draft stipulation of settlement reached on November 2,2011. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the Stipulation of Settlement, between the Town of Mamaroneck and the Police Benevolent Association (PBA), for the period January 1,2012 through December 31, 2014,and BE IT, FURTHER RESOLVED,that the Town Administrator is hereby authorized to execute said Agreement on behalf of the Town. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 3. Authorization—Contract for Municity'm Software Mr.Altieri explained that Municity'm is an Integrated Parcel Management Software Program. It will be utilized by the Building Department, Highway Department, Engineering and Assessor's Office. It will also have a work flow element that can be utilized by residents. Mr.Altieri noted that after the work is completed with respect to the Revaluation Project,that information will be integrated into the system as well. The Town reviewed a number of software options before deciding on Municity'm. On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,it was RESOLVED,that the Mamaroneck Town Board does hereby approve the Municity'm Integrated Parcel Management Software in the amount of$52,949.00,and BE IT, FURTHER RESOLVED,that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 12 February 1, 2012 4. Designation of Delegate-Association of Towns On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby designate Supervisor Seligson as the delegate to the Association of Towns' Annual Conference in New York City, February 191" through February 22nd 5. Salary Authorizations Recreation On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was RESOLVED,that as provided for in the 2012 Town Budget the Mamaroneck Town Board does hereby authorize the payment of salary to the following: HOMMOCKS PARK ICE RINK: 2/28/12 through 6/30/12 Vincent A.Costa Assistant Manager $15.50/hr The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye Records Clerk Town Clerk Christina Battalia explained that she has made an adjustment in her office whereby one Deputy Town Clerk now works a four day week,and the Records Clerk function will now be administered by a part time employee. On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was RESOLVED,that the Mamaroneck Town Board does hereby approve the hiring of Thea Parry as a part time Records Clerk,in the Town Clerk's Office at an hourly rate of $17.00, not to exceed an annual cost of$5,800. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 6. Reset Public Hearing—Dissolution-Historic Records Committee The Town Clerk brought to the Board's attention that the Public Hearing the Town Board set at the last meeting did not publish in the newspaper in time and therefore, must be reset and republished. 13 February 1, 2012 On motion Supervisor Seligson,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 15, 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. 7. Approval of Certiorari On motion of Councilwoman Wittner,seconded by Councilwoman Katz,it was RESOLVED,that the Town Board hereby authorizes the settlement of the following Tax Certiorari on the following terms: 603 Fenimore Road Corp. 603 Fenimore Road Mamaroneck, NY 10543 Block: 824 Lot: 141 Town of Mamaroneck/Village of Mamaroneck Year Assessment Reduced Assessment 2006 $28,000 $28,000 2007 $28,000 $18,750 2009 $28,000 $18,750 2009 $28,000 $16,750 2010 $28,000 $15,000 2011 $28,000 $15,000 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 8. Re-Authorization—Bond Resolution—Hommocks Ice Rink The Town Clerk explained that the Bond Resolution approved at the last Town Board Meeting did not publish properly in the newspaper and therefore, must be reapproved and republished. On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney the following was approved, BOND RESOLUTION DATED FEBRUARY 1,2012. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $430,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, 14 February 1, 2012 TO PAY THE COST OF THE RECONSTRUCTION OF THE HOMMOCKS ICE RINK, IN AND FOR SAID TOWN. WHEREAS,the capital improvement hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; 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 reasonably expected to be, reserved, allocated on a longterm 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 15 February 1, 2012 The resolution was thereupon declared duly adopted. 9. Appointment—Town of Mamaroneck Housing Authority On motion of Supervisor Seligson,seconded by Councilwoman Wittner,it was RESOLVED,that the Mamaroneck Town Board does hereby appoint Caroline Silverstone as Member D of the Town of Mamaroneck Housing Authority,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 31,2016. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye Irving Scharff, addressed the Board asking whether the function of the Housing Authority was to manage the Hommocks Apartments,at which the Board replied,yes. APPROVAL OF MINUTES On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was RESOLVED,that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of January 4,2012. The above resolution was put to a roll call vote: Elkind Eney ABSTAIN Katz Aye Odierna Aye Wittner Aye Seligson Aye WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Odierna noted that he asked the Planning and Zoning Boards if the Minutes could be issued faster so he could use them to more effectively report to the Town Board. 16 February 1, 2012 Councilwoman Wittner did not have any additional items to report. Councilwoman Elkind Eney attended the Board of Architectural Review(BAR) Meeting at which they discussed interior signage.Councilwoman Elkind Eney noted that after the BAR addressed their business at hand,they had a lengthy discussion about their function and purpose. The BAR decided to review the statute that created this Board and look back at their function and where they want to go—more to follow. Councilwoman Katz attended the Traffic Committee Meeting, noting that they are working on parking along Baldwin Avenue. Due to Steve Altieri's absence,the Traffic Committee deferred this topic until their next meeting. SUPERVISOR'S REPORT Supervisor Seligson noted her recent meeting with Noam Bramson, Mayor of New Rochelle and a meeting with Josh Mandell, Mayor of the Village of Larchmont. She and Mr.Altieri met with a resident who is an energy consultant to discuss the Town Center and the Ice Rink.Supervisor Seligson attended the Traffic Committee at which the Complete Streets initiative was presented.Complete Streets is working on their 'how to' manual for best practices.Supervisor Seligson attended the Westchester County Supervisors Meeting at which there was much discussion regarding the Housing Settlement. The Town recently met with the Village of Larchmont and the Larchmont Mamaroneck Library Board to discuss their budget.The Library recently hired a new Director to replace Diane Courtney who retired last year.Supervisor Seligson attended a meeting at the Westchester Joint Water Works and noted the recent water main pipe leak. The leak occurred at a very large pipe that connects Shaft 22 from the New York City Water System to our residents while the repair is being made, residents will receive water from Rye Lake,Scarsdale and United Water. Supervisor Seligson met with Tom Lauro and George Oros of the Westchester County Department of Facilities,with respect to the Mamaroneck Treatment Plant. The Plant is currently working on complying with a Consent Order to upgrade the Plant to remove effluent from entering the Long Island Sound. The Town held a Special Meeting on February 6`"to discuss the Rye Town Dissolution Study, preparations for candidate interviews for Town Justice and an update of the meeting with the Veterans of Foreign War (VFW). Supervisor Seligson thanked Justice Dolores Battalia for her years of service and for a splendid career with the Town as a Town Justice and Town Supervisor. Councilwoman Wittner added that the Sheldrake Environmental Center Fundraiser will be held February 6`" at Bonnie Briar. ADJOURNMENT On motion of Councilwoman Wittner,seconded by Councilwoman Katz,the meeting was unanimously adjourned at 9:45 PM Submitted by Christina Battalia,Town Clerk 17