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HomeMy WebLinkAbout2013_02_27 Town Board Minutes February 27, 2013 TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY FEBRUARY 27, 2013 THE TOWN BOARD WILL CONVENE – at 5:00 PM, In Conference Room D to discuss: 1. Reusable Bag Initiative 2. Appointment – Boards & Commissions 3. Proposed Amendments to Town Administrative Manual 4. Health Insurance Benefits 5. Homestead Tax Option 8:00PM CALL TO ORDER – COURTROOM – Identification of Fire Exits SUPERVISOR’S SUMMARY REPORT CITIZEN’S COMMENTS PUBLIC HEARINGS 1. Homestead Tax Option Law BOARD OF FIRE COMMISSIONERS 1.Fire Claims 2.Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Appointments – Boards & Commissions 2. Closeout of Capital Projects 3. Authorization - Amendments to Town Administrative Manual 4. Set Public Hearing – Bond Resolution Sewer District # 1 5. Authorization – Bond Resolutions a. Resurfacing of Tennis Courts at Memorial Park - $25,000 Bonds b. Various Town Purposes - $147,300 Bonds c. Road Paving/Curbing - $510,000 Bonds d. Purchasing of Equipment for Highway Department – Aggregate $307,700 6. Report of Bids – TA-13-01 Cleaning of Police Uniforms 7. Authorization for Budget Transfer – Highway Fund 8. Salary Authorization – Recreation 9. Set Public Hearing – Plastic Bag Ban Law APPROVAL OF MINUTES – January 16, 2013 January 23, 2013, Special Meeting February 6, 2013 REPORTS OF THE COUNCIL TOWN CLERK’S REPORT 1 February 27, 2013 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON FEBRUARY 27, 2013, BEGINNING AT 5:00PM IN CONFERENCE ROOM A AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE TOWN CENTER, 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 Katz, seconded by Councilwoman Elkind Eney, the Work Session was unanimously opened at 5:00PM. TAKEN OUT OF ORDER Appointment – Boards & Commissions Town resident Ira Block contacted the Town Board regarding his interest in serving on a Town Board or Commission. The Town Board discussed Mr. Block’s areas of expertise and interest. The Town Board explained that there are vacancies as alternates on Planning, Zoning and the Board of Assessment Review. Mr. Block expressed interest in attending upcoming meetings of the Planning and Zoning Boards, in order to make an informed decision about possibly serving on these Boards. Reusable Bag Initiative Additionally Present: John Mercaldi, owner and operator of Village Square Bagels. Supervisor Seligson noted that Councilwoman Katz will be spearheading this initiative. Mr. Mercaldi asked to speak with the Town Board this evening. Mr. Mercaldi distributed information about biodegradable plastic bags. Mr. Mercaldi discussed the case for eliminating the ban on businesses that decide to use these products. The Board asked Mr. Mercaldi to do some additional homework on these products and to please report back to the Town Board. The Town Board noted that the communication to the businesses was not as effective as they had hoped and better public awareness was needed. This item will be on the Regular Agenda this evening. RETURN TO ITEM Appointment – Boards & Commissions Town resident Susan Sigel contacted the Town Board regarding her interest in serving on the Recreation Commission. Ms. Sigel became aware of the resignation of a Member of the Commission and would like to be considered as their replacement. The Town reviewed Ms. Sigel’s expertise and areas of interest. This item was moved to the Regular Agenda for this evening. 2 February 27, 2013 Proposed Amendments to Town Administrative Manual The Town Board reviewed two policies prepared by the Town’s Labor Counsel for inclusion in the Employee Manual. Although the Town has an Equal Employment Opportunity (EEO) Policy, staff has found that in writing grants and working with the Federal Government, that a more extensive EEO policy is required. Health Insurance Benefits The Town Board continued their discussion of health care benefits for Elected Officials in retirement. Mr. Maker is continuing to prepare a final draft for approval. Mr. Altieri has a number of policy issues he will need to discuss and receive approval for from the insurance company. ADDED ITEM Re-appointment to Coastal Zone Management Commission The Town Clerk brought to the Town Board’s attention the expiration on August 31, 2012 of the term for Alan Mason on the Coastal Zone Management Commission. This reappointment was inadvertently not included to the list of reappointments on the January 16, 2013 Agenda. This item was added to this evening’s Agenda. On motion of Councilwoman Katz, seconded by Councilwoman Wittner, the Board unanimously agreed to enter into an Executive Session to discuss litigation with respect to the Hampshire Country Club Certiorari EXECUTIVE SESSION RESOLVED, that the Mamaroneck Town Board does hereby authorize an appeal of the Decision/Order of the Hon. Bruce E. Tolbert dated February 4, 2013 in the tax certiorari proceeding commenced by Hampshire Recreation LLC, and BE IT, FURTHER RESOLVED, that the Town Attorney is hereby directed to prosecute that appeal 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 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz the Board unanimously agreed to resume the Regular Meeting. Homestead Tax Option Additionally present: 3 February 27, 2013 Tom Frey, Reassessment Project Consultant, John Wolham, Office of Real Property Tax Services, Susan Thomas, Town Assessor, Pamela Valenza, Real Property Appraiser, Cindy Baire and David Barnett, GAR Associates. The Town Board reviewed updated charts and number comparisons from their meeting of February th 25. Most notable to the new figures, was the reanalyzing of various exemptions. It was noted that if a decision is made with respect to the Homestead Option this evening, the th Disclosure Statements can be mailed out on March 8. 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. SUPERVISOR’S SUMMARY REPORT Supervisor Seligson stated that she will dispense with her usual protocol of giving updated information as to what is going on in the Town, and what she and the Town Board have been working on, adding it is clear from the audience presence this evening that the Town is working hard and diligently on property revaluation. Supervisor Seligson gave the protocol for this evening’s Public Hearing and asked if anyone wished to speak on a subject not related to the Public Hearing. Supervisor Seligson emphasized that the Homestead Option does not apply to Coops or to Condos that were not built as Condos. PUBLIC HEARING (S) – 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 on Friday, February 15, 2013 a Public Hearing will be held on Wednesday, February 27, 2013 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 – “Homestead Tax Option” Law Purpose: Section 1903 of the New York Real Property Tax Law grants the governing body of any approved assessing unit, other than a county, the power to adopt what is generally called the Homestead Tax Option. As part of the revaluation of the assessments of the real property within the Town, the Town Board has determined that it is in the Town’s best interest to adopt what is generally referred to as the Homestead Tax Option. The purpose of this local law is to elect that option. 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, OWN CLERK Published: February 22, 2013 4 February 27, 2013 On motion of Councilwoman Wittner, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously opened. Supervisor Seligson introduced John Wolham from the Office of Real Property Tax Services who then gave a PowerPoint presentation explaining the Homestead Tax Option. The following individuals addressed the Town Board urging the Town not to enact the Homestead Option: Arnie Berger, David Silverstone, Caroline Silverstone, Allison Iavaronne, John Lese, John Fitzgerald, Lisa Young, Mike Fitzsimons, Sue Cleshane, Antoinette Luchese, Zoran Rendic, Marina Majic, Peter Lividini, Ann Watley, Nikica Majic Rendic, Ron Lenney, Roger Stavis, Mauro Gabriele, Michael Mazzo, Daphne Zunino, Richard Shabero, Daniel Finger, Joan Silver, Dominick Riggerio, Matt Carbone, Natasha Beavement, Carol Hartnet, Robin Steiner, Richard Zofness, Janet DeMasi, Melissa Wiest The following individual addressed the Town Board urging the Town to enact the Homestead Option: Sue McCrory It is noted and duly entered into the record that the Town Clerk received written correspondence from the following individuals: Frederick J. Cuccia, The Carlton House at Larchmont Condominium Janice Towers Jane Axelrod, 1 Washington Square Muriel Garvey Gina Gelardo Chris Plunkett, President of the Carlshire Tenants Corp. Marion Benedek Sue McCrory Ben Ortiz Maria Monaldo, As Agent for Harbor Hill Condominium Dominick Riccardulli On motion of Councilwoman Elkind Eney, seconded by Councilwoman Wittner, the Public Hearing was unanimously closed. No further action was taken which resulted in no adoption of the Homestead Tax Option. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson then on motion of Commissioner Elkind Eney, seconded by Commissioner Wittner, 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 On motion of Commissioner Councilwoman Elkind Eney, seconded by Commissioner Councilwoman Katz, it was 5 February 27, 2013 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 MSA Altair-4X 824.00 A & M Industrial Supply Replaced Sensor and Calibrated Meter 290.60 AAA Emergency Supply Turnout Boots for Deputy Tortorella 325.00 Amazon.com Desk for Career Staff 365.05 Atlantic Westchester Repairs to Heating Unit in Career Staff Dayroom 740.51 Ben Romeo Bags of Absorbal 330.00 Brewer Paint and Sand Paper 31.77 Brewer Paint and Supplies for Ladder 19.75 Broadway Minerva Cleaners Turnout Gear and Bunker Pants Repairs 191.75 Chatsworth Cleaners Uniform Alterations 102.99 Cleaning Systems Cleaning Supplies-Towels and Bags 299.50 Con Edison Gas Charges for Jan. 2013 1,219.84 G & K Services Mats and Rags for Jan. 2013 101.65 Iron Compass Map Co. On-Scene Explorer Software Maint. And Map Updates 1,400.00 LMJGC Purchase of Two 1.5 Yard Containers for Fire House 1,150.00 Oakland Beach Deli Food For Educational Seminar 160.00 OSP Fire Protection Maintenance on Amerx System 160.00 Pitt Stop Oildry-Con Ed Oil Spill-Boston Post Rd. 305.10 R & L Consulting Datacard Color Ribbon for ID's and Storage Boxes 171.60 Ricoh Copier Service 12/22-1/21/13 204.35 Ricoh Copier Service 1/22-2/21/13 204.35 Sound Shore Pest Control Exterminating Services on 1/28/13 65.00 The Deerfield Group Business Cards 110.00 Town of Mamaroneck FD Reimb. For Food for Fire Drill-2/19/13 232.92 Town of Mamaroneck PFFA Life Insurance for Jan. 2013 260.37 Town of Mamaroneck PFFA Life Insurance for Feb. 2013 173.58 Verizon Telephone 1/10-2/9/13 352.20 Verizon Wireless Cell Service 12/27-1/26/13 248.21 VillaMaria Pizza Food for Fire Call-1/31/13 28.09 W.J.W.W. Metered Fire Service 12/31-3/30/13 100.00 Westech Elevator Maintenance for Feb. 2013 175.00 Total: 10,343.18 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 There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Elkind Eney, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1.Appointments – Boards & Commissions On motion of Councilwoman Wittner, seconded by Councilwoman Elkind Eney, it was unanimously 6 February 27, 2013 RESOLVED, that Alan Mason be reappointed as a Member of the Town of Mamaroneck Coastal Zone Management Commission, 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 August 31, 2015, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby appoint Mr. Mason as Co-Chair for the year 2013. On motion of Councilwoman Elkind Eney, seconded by Councilman Odierna, the following was unanimously approved, WHEREAS, Beth Boyle has resigned as Member C of the Recreation Commission and a vacancy now exists. NOW THEREFORE, BE IT RESOLVED, that Susan Sigel be appointed to the position of Member C of the Town of Mamaroneck Recreation Commission, 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, 2017. 2.Closeout of Capital Projects On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve of Closing Out the Capital Projects as detailed by the Town Comptroller as: ATTACHMENT A and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve of the Inter-fund Transfers of the Closed Out Capital Projects as detailed by the Town Comptroller as: ATTACHMENT B The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye 7 February 27, 2013 Wittner Aye Seligson Aye 3.Authorization - Amendments to Town Administrative Manual On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, the following was unanimously approved, WHEREAS, although the Town of Mamaroneck has an Equal Employment Opportunity (EEO) policy, staff has found that in writing grants and working with the Federal government a more extensive EEO policy is required. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve of the two policies for inclusion in the Administrative Manual as prepared by Labor Counsel as follows: ATTACHMENT C 4.Set Public Hearing – Bond Resolution Sewer District # 1 On motion of Councilwoman Katz, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby approve of the Order Calling a Public Hearing as follows: In the Matter of ORDER The Increase and Improvement of the Facilities CALLING of Town of Mamaroneck Consolidated Sewer PUBLIC District, in the Town of Mamaroneck, HEARING Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Town of Mamaroneck Consolidated Sewer District, in the Town of Mamaroneck, Westchester County, New York, being the purchase of a camera system, including incidental expenses in connection therewith, at a maximum estimated cost of $70,000; 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, the implementation of which as proposed, 8 February 27, 2013 said regulations provide 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 Town of Mamaroneck Consolidated 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 at the Town Hall, in Mamaroneck, New York, in said Town, on March 20, 2013, at 8:00 o’clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Town of Mamaroneck Consolidated Sewer District, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspapers, 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: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 5.Authorization – Bond Resolutions On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following was approved, BOND RESOLUTION DATED FEBRUARY 27, 2013. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE COST OF THE RESURFACING OF TENNIS COURTS AT MEMORIAL PARK, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST 9 February 27, 2013 OF $25,000 AND AUTHORIZING THE ISSUANCE OF $25,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. 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 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 resurfacing of tennis courts at Memorial Park, in and for the Town of Mamaroneck, Westchester County, New York, including incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $25,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of not exceeding $25,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. 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 10 February 27, 2013 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: 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 Elkind Eney, the following was approved, BOND RESOLUTION DATED FEBRUARY 27, 2013. A RESOLUTION AUTHORIZING THE ISSUANCE OF $147,300 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, 11 February 27, 2013 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: a) The purchase and installation of computer software, including incidental expenses, at a maximum estimated cost of $25,000, 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; b) The purchase and installation of an automated fuel management system, including incidental expenses, at a maximum estimated cost of $50,000, being a specific object or purpose 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; c) The purchase of lifepak monitors/defibrillators, including incidental expenses, at a maximum estimated cost of $60,000, being a class of objects or purposes having a period of probable usefulness of 5 years, pursuant to subdivision 27-a of paragraph a of Section 11.00 of the Local Finance Law; and d) The purchase of a snow plow attachment for a front-end loader for the Highway Department, including incidental expenses, at a maximum estimated cost of $12,300, being a specific object or purpose is 5 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 shall not exceed 5 years. 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 $147,300 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 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 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. 12 February 27, 2013 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 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: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 13 February 27, 2013 The resolution was thereupon declared duly adopted. On motion of Councilwoman Katz, seconded by Councilwoman Wittner, the following was approved, BOND RESOLUTION DATED FEBRUARY 27, 2013. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE COST OF THE RECONSTRUCTION OF VARIOUS ROADS THROUGHOUT AND IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $575,000 AND AUTHORIZING THE ISSUANCE OF $510,000 SERIAL BONDS OF SAID TOWN TO PAY PART OF THE COST THEREOF. 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 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 reconstruction of various roads throughout and in and for the Town of Mamaroneck, Westchester County, New York, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as other incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $575,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is as follows: a) by the issuance of $510,000 serial bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law; and b) by the expenditure of $65,000 other monies hereby appropriated 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 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. 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 14 February 27, 2013 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: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye The resolution was thereupon declared duly adopted. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Wittner, the following was approved, 15 February 27, 2013 BOND RESOLUTION DATED FEBRUARY 27, 2013. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $307,700 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF EQUIPMENT FOR THE HIGHWAY DEPARTMENT IN AND FOR SAID TOWN. 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 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 object or purpose of paying the cost of purchase of equipment for the Highway Department in and for the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued an aggregate $307,700 serial bonds of said Town pursuant to the provisions of the Local Finance Law, apportioned as set forth below: a) The purchase of equipment for the Highway Department, each item of which is $30,000 or more, including incidental equipment and expenses, at a maximum estimated cost of $287,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $287,000 serial bonds of the $307,700 serial bonds authorized to be issued therefor pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; and b) The purchase of a claw attachment for a front-end loader for the Highway Department, including incidental expenses, at a maximum estimated cost of $20,700. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $20,700 serial bonds of the $307,700 serial bonds authorized to be issued therefor pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. The maximum maturity of the bonds shall exceed five years. Section 2. 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 3. 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 4. 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 5. 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. 16 February 27, 2013 Section 6. 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 7. 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 8. 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: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye The resolution was thereupon declared duly adopted. 6.Report of Bids – TA-13-01 Cleaning of Police Uniforms On motion of Councilwoman Wittner, seconded by Councilwoman Katz, the following was approved, WHEREAS, on January 30, 2013 the Town publicly opened and read two bids for Contract TA-13-01 Cleaning of Police Uniforms. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-13-01 to the lowest responsible bidder, EMA Cleaners of Mamaroneck, at the following price structure for the years 2013 and 2014: 2013 2014 Trousers $4.00 Trousers $4.00 Shirts $1.50 Shirts $1.50 and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said Contract 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 17 February 27, 2013 7.Authorization for Budget Transfer – Highway Fund On motion of Councilman Odierna, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve The Budget Transfer – Highway Fund as detailed by the Town Comptroller as follows: FY 2013 BUDGET TRANSFER - HIGHWAY FUND (GENERAL REPAIRS) 2/27/2013 TOWN BOARD MEETING HIGHWAY FUND (FUND DB): BUDGET TRANSFER: FROM DB.5110.4233 SIDEWALKS $ (6,000.00) TO DB.5110.4234 CURBS $ 6,000.00 REPRESENTS FUNDS TO BE REALLOCATED FOR CURBING REPAIRS AT HUGUENOT DR. & NORMANDY RD. AS REQUESTED BY THE SUPT. OF HIGHWAYS The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 8.Salary Authorization – Recreation On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was RESOLVED, that as provided for in the 2013 Town Budget the Mamaroneck Town Board does hereby authorize the payment of salary to the following: HOMMOCKS PARK ICE RINK: Effective 2/21/12 through 6/30/13 Patrick Nadolske 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 9.Set Public Hearing – Plastic Bag Ban Law The Town of Mamaroneck is concerned about plastic bag litter in our community and its impact on 18 February 27, 2013 the local environment. In an effort to reduce this type of waste, the Town Board is considering legislation that will limit the use of specific types of plastic bags. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on Legislation Limiting the Use of Specific Types of Plastic Bags, for April 3, 2013 at 8:00PM 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 – January 16, 2013, January 23, 2013 and February 6, 2013 On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the Meetings of January 16, 2013, January 23, 2013 and February 6, 2013. WRITTEN COMMUNICATIONS Noted previously under the Public Hearing REPORT OF COUNCIL Councilwoman Elkind Eney did not have any Liaison assignments to report. Councilwoman Elkind Eney did attend the Chamber of Commerce Breakfast and the Grand Opening of the Porsche Dealership. Councilwoman Katz attended the Valentine’s Day Celebration at the Senior Center and noted her attendance at the brief Planning Board Meeting. Councilwoman Katz noted her schedule was light due to a family vacation during President’s week. Councilwoman Wittner attended the Coastal Zone Management Commission Meeting, noting she is pleased that after a year the Bonnie Briar project has been approved. Councilwoman Wittner noted that this is a wonderful project that utilizes water from their own property for irrigation , adding that it does not only minimize water use it has considered every environmental impact by moving the project to a proper location on the property. Councilwoman Wittner also noted that the Coastal Zone Management Commission heard an excellent presentation regarding the Howell Avenue sub division. Councilman Odierna noted that although he has been travelling, he has been kept quite abreast through email. Supervisor Seligson stated that at the next League of Women Voters Breakfast, GAR Associates will speak about the Disclosure Statements. Supervisor Seligson noted that the Town experienced extreme winds on recycling day and many items have been strewn around our community. Supervisor Seligson is urging residents to please pick up any items on or around their properties and neighborhood. 19 February 27, 2013 The Town congratulates Ang Lee on receiving his Oscar Award and hopes that the Town may be able to celebrate in some fashion as a community. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Katz, the meeting was unanimously adjourned at 11:00 PM ________________________________ Submitted by Christina Battalia, Town Clerk 20