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HomeMy WebLinkAbout2015_05_13 Town Board Minutes May 13, 2015 MINUTES OF THE SPECIAL MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MAY 13, 2015, BEGINNING AT 5:00PM IN CONFERENCE ROOM A, THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Nancy Seligson Councilman Ernest C. Odierna Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilman Thomas A. Murphy ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator CALL TO ORDER - BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Katz, seconded by Commissioner Elkind Eney, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Ernest C. Odierna Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Thomas A. Murphy BOND RESOLUTION (subject to mandatory referendum) At a special meeting of the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, held at the Town of Mamaroneck Town Hall, in Mamaroneck, New York, on the 13th day of May, 2015, at 5:00 o’clock P. M., Prevailing Time. The meeting was called to order by Commissioner Seligson and upon roll being called, the following were PRESENT: Commissioner Murphy Commissioner Elkind Eney Commissioner Katz Commissioner Odierna Commissioner Seligson ABSENT: None The following resolution was offered by Commissioner Murphy, who moved its adoption, seconded by Commissioner Katz, to-wit: 1 May 13, 2015 BOND RESOLUTION DATED MAY 13, 2015. A RESOLUTION AUTHORIZING CERTAIN IMPROVEMENTS AT THE FIRE DISTRICT HEADQUARTERS BUILDING FOR THE MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $325,000, AND AUTHORIZING THE ISSUANCE OF $325,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The reconstruction of the roof and other improvements at the Fire District Headquarters building at 205 Weaver Street in Larchmont, New York, including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, in and for Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, is hereby authorized at a maximum estimated cost of $325,000. Section 2. SEQRA DETERMINATION/NEGATIVE DECLARATION: It is hereby determined that the improvement of the building is a Type II Action for purposes of the State Environmental Quality Review Act which, the regulations promulgated thereunder provide, will not result in a significant environmental effect. Section 3. The plan for the financing of such maximum estimated cost is by the issuance of $325,000 serial bonds of said Fire District hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty-five years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. Section 5. The faith and credit of said Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Fire District, a tax without limitation as to rate or amount sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Fire District Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Fire District Treasurer, consistent with the provisions of the Local Finance Law. Section 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 Fire District Treasurer, the chief fiscal officer of such Fire District. Such 2 May 13, 2015 bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such forth and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Fire District Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: a) Such obligations are authorized for an object or purpose for which said Fire District is not authorized to expend money, or b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or c) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. Upon this resolution taking effect, the same shall be published in full in the official newspaper of said Fire District for such purpose, together with a notice of the Fire District Secretary in substantially the form provided in Section 81.00 of the Local Finance Law. Section 11. This resolution is adopted subject to approval at a special election of said Fire District to be held on June 23, 2015. The question of the adoption of the foregoing resolution was duly put to a vote on roll all, which resulted as follows: Commissioner Murphy Aye Commissioner Elkind Eney Recuse Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye The resolution was thereupon declared duly adopted. * * * * * * * * * * The following resolution was offered by Commissioner Katz, who moved its adoption, seconded by Commissioner Murphy, to-wit: BOND RESOLUTION DATED MAY 13, 2015. A RESOLUTION AUTHORIZING THE PURCHASE OF FIRE-FIGHTING VEHICLES FOR THE MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $1,625,000, AND AUTHORIZING THE ISSUANCE OF $1,625,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act as a Type II Action, have been performed; NOW, THEREFORE, 3 May 13, 2015 BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of fire-fighting vehicles, including original apparatus and incidental expenses in connection therewith, for the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, is hereby authorized at a maximum estimated cost of $1,625,000. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of $1,625,000 serial bonds of said Fire District hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Fire District, a tax without limitation as to rate or amount sufficient to pay the principal of and interest on such bonds as the same become due and payable.Section 5 Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Fire District Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Fire District Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Fire District Treasurer, the chief fiscal officer of such Fire District. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such forth and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Fire District Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: a) Such obligations are authorized for an object or purpose for which said Fire District is not authorized to expend money, or b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or c) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. 4 May 13, 2015 Section 9. Upon this resolution taking effect, the same shall be published in full in the official newspaper of said Fire District for such purpose, together with a notice of the Fire District Secretary in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. This resolution is adopted subject to approval at a special election of said Fire District to be held on June 23, 2015. The question of the adoption of the foregoing resolution was duly put to a vote on roll all, which resulted as follows: Commissioner Murphy Aye Commissioner Elkind Eney Recuse Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye The resolution was thereupon declared duly adopted. * * * * * * * * * * The following resolution was offered by Commissioner Katz, who moved its adoption, seconded by Commissioner Murphy, to-wit: RESOLUTION DATED MAY 13, 2015, CALLING A SPECIAL FIRE DISTRICT ELECTION WHEREAS, the Board of Fire Commissioners of the Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York has heretofore at this meeting adopted a bond resolution authorizing certain improvements at the Fire District Headquarters building, including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith at a maximum estimated cost of $325,000, and a bond resolution authorizing the purchase of fire-fighting vehicles, including incidental apparatus and expenses in connection therewith at a maximum estimated cost of $1,625,000, each of which is subject to the approval of the qualified voters of said Fire District, NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A special election of the qualified voters of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, is hereby authorized to be held on June 23, 2015, at the Firehouse, 205 Weaver Street in Larchmont, New York, in said Fire District, between the hours of 3:00 o’clock P.M. and 9:00 o’clock P.M., Prevailing Time, to vote BY PAPER BALLOT upon the adoption or rejection of the bond resolutions heretofore adopted at this meeting. Section 2. The notice of such special election shall be in substantially the following form, attached hereto as Exhibit A and hereby made a part hereof. 5 May 13, 2015 Section 3. The Secretary of said Fire District is hereby authorized to give notice of such special election by publication once in the Journal News, a newspaper published in White Plains, New York, and having a general circulation in said Fire District, the first publication to be not less than twenty-seven (27) nor more than thirty-four (34) days prior to the date of such election, as well as posting as may be required pursuant to applicable provisions of the Town Law. Section 4. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Commissioner Murphy Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye The resolution was thereupon declared duly adopted. RESOLUTION DATED MAY 13, 2015 RESOLUTION DESIGNATING ELECTION PERSONNEL WHEREAS, the Board of Fire Commissioners of Mamaroneck Fire District, Westchester County, New York, has called a special election of the qualified voters of said Fire District to be held on June 23, 2015; and WHEREAS, it is now desired to provide for the appointment of a permanent chairman, inspectors of election and assistant clerks for said special election; NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of the Mamaroneck Fire District, Westchester County, New York, as follows: Section l. Carol Hoffman, a duly qualified voter of said Fire District is hereby appointed as the permanent chairman of the special election referred to in the preambles hereof. Section 2. The following named qualified voters of said Fire District are hereby appointed to act as inspectors of election of said special election, so that there shall be at least two inspectors for each ballot box or voting machine to be used thereat: Carol Hoffman Sheldon Hoffman Section 4. Each inspector of election and assistant clerk appointed for said special election, as herein provided, shall be entitled to compensation at the rate of $75.00 for each day actually and necessarily spent on the duties of his office. The Clerk of said Fire District is hereby authorized and directed to give written notice of appointment to the persons herein respectively appointed as permanent chairman, inspectors of election and assistant clerks for said special election. Section 6. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: 6 May 13, 2015 Commissioner Murphy Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye The resolution was thereupon declared duly adopted. RESOLUTION SETTING TIME AND PLACE OF MEETING OF INSPECTORS OF ELECTION At a regular meeting of the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York, on the 13th day of May, 2015, at 5:00 o’clock P. M., Prevailing Time. The meeting was called to order by Commissioner Seligson, and upon roll being called, the following were PRESENT: Commissioner Murphy Commissioner Elkind Eney Commissioner Katz Commissioner Odierna Commissioner Seligson ABSENT: None The following resolution was offered by Commissioner Murphy, who moved its adoption, seconded by Commissioner Elkind Eney, to-wit: RESOLUTION DATED MAY 13, 2015. RESOLUTION SETTING THE TIME AND PLACE OF A MEETING OF THE INSPECTORS OF ELECTION OF MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, FOR THE PURPOSE OF PREPARATION OF THE FIRE DISTRICT ELECTION REGISTER. WHEREAS, the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, heretofore resolved on May 13, 2015 to call a special election of said Fire District, such special election to be held at the Firehouse, 205 Weaver Street, in Larchmont, New York, in said rd Fire District, on the 23 day of June, 2015, between the hours of 3:00 o'clock P.M., and 9:00 o'clock P.M., Prevailing Time; and WHEREAS, pursuant to Section 175-a of the Town Law, only persons registered with the Westchester County Board of Elections on or before June 1, 2015, the date 23 days prior to the date of the election 7 May 13, 2015 (pursuant to General Construction Law treatment of Sundays) , shall be entitled to vote in such special election; and WHEREAS, such Section 175-a requires that a resolution setting the time and place of the meeting of the election inspectors appointed by said Board of Fire Commissioners of said Fire District for the aforesaid special election be adopted at least thirty days prior to such special election; NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York; Section 1. The inspectors of election approved by resolution duly adopted by said Board of Fire Commissioners on May 13, 2015, shall meet at the Town Clerks Office, located at 740 West Boston Post Road, th in Mamaroneck, New York, in said Fire District, on the 9 day of June, 2015 at 3:00 o'clock P.M. to commence preparation of the register of those persons eligible to vote in such special election. In accordance with said Section 175-a of the Town Law, only those persons registered with the Board of Elections of Westchester County on or before June 1, 2015, the date 23 days prior to the date of the election, will be entitled to vote at such special election. Section 2. This resolution shall take effect immediately, and neither publication nor posting is required. The question of the adoption of the foregoing resolution was duly put to a vote on roll all, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye The resolution was thereupon declared duly adopted. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Town Board unanimously agreed to close the meeting of the Fire Commission and convene as a Town Board. Update –Proposal New Jefferson Street Supervisor Seligson stated that she has received communication from Fred Cuccia, Chair of the Carlton House, requesting the Town give more time before holding its public discussion on May 27, 2015 of the proposal for additional parking on New Jefferson Street. He stated that three weeks’ notice was not enough time. th Town Board decided to proceed with the May 27 date for public discussion. Mr. Altieri stated that the draft of a concept for the additional parking went up on the web site today. Supervisor Seligson noted personalizing the notices going out to the buildings, instead of just distributing the press release. Supervisor Seligson also noted that she has communicated with Ralph Engel so he understands there are issues to address. Mr. Altieri stated that the roof of 3 Washington Square is being redone and he is working with the building on relocating cars. Mr. Altieri also updated the Town Board on meetings with the County regarding the status of the affordable units in the Cambium. 8 May 13, 2015 Village of Mamaroneck Home Rule Legislation – Certiorari and Small Claims Assessment Review (SCARS) Mr. Altieri stated that Town has received word that the Village of Mamaroneck plans to file a Home Rule Legislation request regarding Article 78 Proceedings with respect to Certiorari and SCARS filed against the Town and Village of Mamaroneck. Mr. Altieri has discussed the situation with Rich Slingerland, Village of Mamaroneck Manager, who agreed to let the Town Know prior to final submission so the two Boards can discuss. Updates Supervisor Seligson gave an update on the Microgrid grant application, and Community Choice rd Aggregation, adding that Mike Gordon will be at the June 3 Town Board Worksesssion. Also of note is the Long Island Sound Future Funds grant application has been submitted for renovation of the Town Center Parking Lot. Supervisor Seligson noted that Westchester County is considering a Consolidated Funding Application. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Board unanimously agreed to enter into an Executive Session to discuss appointments to Boards and Commissions. EXECUTIVE SESSION Appointments to Boards and Commissions ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the meeting was unanimously adjourned at 6:00 PM ________________________________ Submitted by Christina Battalia, Town Clerk 9