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HomeMy WebLinkAbout2011_06_15 Town Board Minutes June 15, 2011 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JUNE 15, 2011, BEGINNING AT 5:00PM 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 Valerie M. O’Keeffe Councilwoman Phyllis Wittner Councilman Ernest C. Odierna Councilwoman Nancy Seligson Councilman David J. Fishman ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION On motion of Councilwoman Wittner, seconded by Supervisor O’Keeffe, the Work Session was unanimously opened at 5:00PM. Myrtle Boulevard Zoning Donald Mazin and Edmond Gemmola addressed the Board representing Gjoko Shkreli (“Gjoko”) the owner of the premises known as 176 Myrtle Boulevard. Mr. Mazin stated that “Gjoko is appearing before the Board to seek the change of the B District Zone in which the subject premises are located, preferably to the abutting R-TA Zone, that would permit him and others within the present B Zone, due to hardship, to add additional stories to their buildings and to be allowed to utilize spaces for residential purposes.” Mr. Mazin explained in detail the proposed two story addition, including the displaying of architectural renderings. The Board emphasized that a number of Board Members do not have an issue with the concept, but would need Gjoko to address the parking issues. The Board asked Mr. Maker what exact zoning laws would be affected. Mr. Maker responded, stating the violations would be in the variance use, building coverage, floor area ratio and height requirement, adding with the height issue only three feet is over the requirement. With current zoning eight parking spaces would be required. Mr. Mazin stated that he would work with Gjoko to address the parking issues and return to the Board with possible options. Ethics Law Mr. Maker is addressing a number of possible discrepancies within the current Ethics Law. While reviewing the Law, Mr. Maker found another issue he feels should be addressed; the clause that speaks of a criminal offense for not signing the Code of Ethics. Mr. Maker and Mr. Altieri have discussed this clause with the Town’s Labor Counsel and discovered that the section in question may be in conflict with the employees’ rights under other sections of the Law. Mr. Maker will work on a revision for the Town Board to review, along with other changes the Board and Mr. Maker have previously discussed. Small Claims Assessment Review Mr. Altieri stated that Susan Thomas has reported to him that the total amount of refunds for Small Claims (SCARS) was $560,000, up from the estimate of $211,000. 1 June 15, 2011 Senior Center Update The Town Board reviewed a memo dated June 10, 2011 prepared by Mr. Altieri outlining the expenditures to date and a summary of the change orders for the Senior Center. Mr. Altieri explained that the new bathrooms and Director’s Office have been framed, sheet rock installed and primed. Mr. Altieri continued stating that the entire roof needed to be replaced, as it was causing leaks during heavy rains. Mr. Altieri reminded the Board that replacing the roof was a capital project required under the lease agreement with the VFW. Specifically, the top portion of the summary outlines change orders that are included in the $10,000 allowance for the project; the last two items are change orders covered in the contingency budget. Update – Property Reassessment Project Mr. Altieri explained that during the Contractor Meetings, it was brought to the Town’s attention that a warranty provision already exists and is known as the “ Performance Test for Residential and Commercial Valuations”. Mr. Frey is working on a revision to the Request for Proposal (RFP) to replace the Town’s warranty language in the existing RFP and replace it with the “ Performance Test for Residential and Commercial Valuations”. Update Cabot Road The Town has recently learned that in order to qualify for an Emergency Planning Grant (for which the Town has applied) in respect to Cabot Road, a hazard mitigation plan needs to be in place. New Business Mr. Altieri informed the Board that it appears the plan for Walgreens in the old Blockbuster site is moving forward. It does appear they need only a building permit to open their doors. Mr. Altieri stated that Walgreens gave a ten page report in defense of why they did not need a site-plan. The Town has asked for a delivery schedule; since the site is so small and the Town anticipates them getting a lot of deliveries. Mr. Altieri did note that there was some willingness from Walgreens to cooperate with the schools and the Town to minimize the impact on the community. Supervisor O’Keeffe reported on discussions with the Westchester Joint Water Works in respect to a rate increase. Supervisor O’Keeffe stated she has informed the Westchester Joint Water Works of the Town’s unwillingness to approve a retroactive rate increase. Councilman Fishman added that another change is needed in the ‘increasing rate structure’ in order to be more aggressive and proactive towards water conservation. Councilwoman Seligson noted that a number of businesses in the Town appear to need a reminder that they are required to clean up around their properties. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O’Keeffe at 8:15 PM, she then pointed out the location of exits. Supervisor O’Keeffe noted the agenda items discussed during Work Session, reiterating to the audience that the Work Session is open to the public. Supervisor O’Keeffe also announced that the Westchester Joint Water Works will be instituting a water rate increase beginning July 1, 2011. The water rate increase approval is expected at the July Meeting. PUBLIC HEARING (S) – Adjourned Public Hearing, Alternate to the Board of Assessment Review The following Notice of Public Hearing is entered into the record as follows: 2 June 15, 2011 NOTICE OF PUBLIC HEARING Adjourned to June 15, 2011 PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, June 15, 2011 at 8:00 PM or as soon thereafter as is possible in Conference Room C of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider an Additional Alternate to the Board of Assessment Review. Purpose: The Town Board finds that having two Alternate Members on the Board of Assessment Review will eliminate the possibility of not having a quorum. Therefore it is the recommendation of the Town Board to increase the number of Alternate Members from one to two. The full text of this Amendment may be examined and copies obtained at the Town Clerk's office during regular hours, Monday - Friday, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, New York PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: May 25, 2011 Mr. Maker explained the need for an additional alternate. Mr. Maker also clarified the need to change some of the terms, as set forth in the previous amendment to the Board of Assessment. On motion of Councilman Fishman, seconded by Councilwoman Wittner, the Public Hearing was unanimously re-opened. Supervisor O’Keeffe asked if anyone wished to comment on the proposed Local Law. On motion of Councilwoman Wittner, seconded by Supervisor O’Keeffe, the Public Hearing was unanimously closed. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Mamaroneck Town Board finds that the adoption of the proposed local law Increase the Number of Alternate Members to Two and Continue the Supersession of the Portions of Section 523 1. (b) of the New York Real Property Tax Law that were Superseded by Local Law No. 11-2005 and Supersede Portions of Section 523 1. (c) in the Town of Mamaroneck” Law is hereby declared to be a Type II Action, with no impact under the New York State Environmental Quality Review Act (SEQRA) and requiring no further action. On motion of Councilwoman Wittner, seconded by Councilman Fishman, the following Local law was approved: Local Law No. 7 - 2011 This Local Law shall be known as the “Increase the Number of Alternate Members to Two and Continue the Supersession of the Portions of Section 523 1. (b) of the New York Real Property Tax Law that were Superseded by Local Law No. 11-2005 and Supersede Portions of Section 523 1. (c) in the Town of Mamaroneck” Law. 3 June 15, 2011 BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 – Purpose. The Town Board concludes that due to the increased workload caused by the unusually high number of complaints regarding assessments filed in the last few years necessitates increasing the number of alternate members from one to two. Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck § 5-7. Board of Assessment Review. A. Portions of section 523 1. (b) and (c) of the New York Real Property Tax Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 523 1. (b) and (c) of the New York Real Property Tax Law, as superseded below, shall apply in the Town of Mamaroneck. “Section 523 1.(b) The board of assessment review shall consist of not less than three nor more than five members appointed by the \[legislative body of the local government or village\] Town Board. The Town Board also may appoint up to two alternates. The alternates shall substitute for a member if such member is absent or is unable to participate because of a conflict of interest. When an alternate sits in the place of a member, the alternate shall be considered a member for all purposes. The alternates shall not be counted for the purpose of determining whether a quorum exists except in situations where an alternate substitutes for a member. Members and alternates shall have a knowledge of property values in the \[local government or village\] Town (including its incorporated areas). Neither the assessor nor any member of his or her staff may be appointed to the board of assessment review or be appointed an alternate. A majority of such board shall consist of \[members\] persons who are not officers or employees of the \[local government or village\] Town. (c) Except as modified by the last sentence of this section, the terms of office of members of the board of assessment review and of the alternates shall be five years and shall commence on the first day of October and terminate on the thirtieth day of September, five years thereafter. \[In the case of the first board appointed under the provisions of this title, however, the terms shall be of such length that not more than one will expire in each of the first five years after the members of such board are appointed.\] In order to provide for an orderly succession and to preserve an ‘institutional memory’, the terms of each member shall expire in different years.” B. The Board of Assessment Review, previously established by the Town Board, shall continue to exist. It shall consist of five members. It also shall have two alternates. The members shall be known as Member A, Member B, Member C, Member D and Member E. The alternates shall be known as Alternate One and Alternate Two. In accordance with § 523(1)(e) of the New York Real Property Tax Law, annually the members of the Board of Assessment Review shall designate which of them shall serve as the Chairperson for that year. C. Except as modified in § 5-7D of the Code, the term of office of each member and each alternate shall be five years and shall expire on the 30th day of September of the year in which the term expires. D. The term of office of: (1) Member A shall expire on September 30, 2013; (2) Member B shall expire on September 30, 2014; (3) Member C shall expire on September 30, 2015; (4) Member D shall expire on September 30, 2011; (5) Member E shall expire on September 30, 2012; (6) Alternate One shall expire on September 30, 2012 and (7) Alternate Two shall expire on September 30, 2013. 4 June 15, 2011 E. If a person is appointed or qualifies as a member or an alternate after October 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on September 30th in the year in which that person's term is scheduled to expire even though the person shall have served less than five years. Section 3 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O’Keeffe, and then on motion of Commissioner Seligson, seconded by Commissioner Fishman, the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O’Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: David J. Fishman 1. FIRE CLAIMS Commissioner Fishman presented fire claims for authorization of payment, thereafter on Commissioner Fishman’s motion, seconded by Commissioner 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: Amazon.com Big Tool Rack 30.78 Argento & Sons Inc. John Deere Tractor Twin Bagger 349.95 Brooadway Minerva Cleaners Bunker Pant Repair 236.50 Cablevision Cable Service 5/23-6/22/11 117.89 Cleaning Sys & Supplys Co. Cleaning Supplies 29.75 David Commender Reimb. For Damaged Cell Phone 108.68 Poland Springs Water Cooler Rent for May 34.68 Town of Mamaroneck P.F.F.A. Life Insurance for May 2011 220.08 Villa Maria Food for Bailout Training-5/24/11 82.48 Total: $1,210.79 5 June 15, 2011 The above resolution was put to a roll call vote: Commissioner Fishman Aye Commissioner Seligson Aye Commissioner Odierna Aye Commissioner Wittner Aye Commissioner O’Keeffe Aye 2.Other Fire Department Business Commissioner Wittner noted that the Commissioners’ had received the Fire Council Minutes of th May 2, 2011. Commissioner Wittner announced the upcoming Fireman’s Parade on June 29 and on October th 15 the Department will hold its’ Open House and a ‘wet down’ of the new fire apparatus. Congratulations go out to Susan and David Dorzbacher on the birth of their daughter Cameron May! There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Fishman, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1.Authorization – Transfer of Funds – Police Department Radio Equipment On motion of Councilman Fishman, seconded by Councilwoman Wittner, the following was approved: RESOLVED, that the Mamaroneck Town Board does hereby approve establishing Capital Project H.3120.0400.2011.16 – Mobile Radio District Equipment, for the upgrades to the Mobile Radio Equipment used by the Villages of Larchmont and Mamaroneck & the Town Police Departments, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Comptroller to transfer the Town’s portion of this project in the amount of $12,000, from the Part Town General Fund Unreserved Account, into the Capital Project H.3120.0400.2011.16 – Mobile Radio District Equipment. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 2.Authorization – Bond Refunding Resolution Mr. Altieri paraphrasing from his memo of June 10, 2011, stated that he and the Comptroller have spoken 6 June 15, 2011 with the Town’s Bond Counsel and Financial Advisor regarding an opportunity to advance refund a 2002 bond issue that will become callable in 2012. Refunding the bond issue now will permit the Town to take advantage of what continues to be low interest rates in the municipal market and realize savings of $110,000 over the next eight years. On motion of Supervisor O’Keeffe, seconded by Councilwoman Seligson, the following was approved: REFUNDING BOND RESOLUTION DATED JUNE 15, 2011. A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.00 OR 90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY “PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS”, AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY. WHEREAS, the Town of Mamaroneck, Westchester County, New York (hereinafter, the “Town”) heretofore issued $3,982,000 Various purposes (Serial) Bonds, 2002, pursuant to various bond resolutions to pay the cost of various Town purposes and a bond determinations certificate of the Supervisor dated July 2, 2002 (hereinafter referred to as the “Refunded Bond Determinations Certificate”), such Various purposes (Serial) Bonds, 2002, being dated July 1, 2002 with remaining maturities on June 15 in the amount of $255,000 in 2012, $265,000 in 2013, $275,000 in 2014, $290,000 in 2015, $305,000 in 2016, $315,000 in 2017, and $330,000 in 2018, as more fully described in the Refunded Bond Determinations Certificate, not including the 2012 maturity (the “Refunded Bonds”); and WHEREAS, it would be in the public interest to refund all or a portion of such outstanding principal balance of the Refunded Bonds by the issuance of refunding bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law; and WHEREAS, such refunding will only be undertaken if it results in present value savings in debt service as required by Section 90.10 of the Local Finance Law; 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 refunding the outstanding principal balance of the Refunded Bonds as more fully set forth in the Refunding Financial Plan (hereinafter defined), including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of such Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on such Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the redemption premium to be paid on such Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $2,100,000 refunding serial bonds of the Town pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the “Town Refunding Bonds” or the “Refunding Bonds”), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $1,905,000, as provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding serial bond issues. The Refunding Bonds shall each be designated substantially “PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND” together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R-11 (or R with the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such 7 June 15, 2011 dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Supervisor pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the manner authorized by paragraph a of Section 57.00 of the Local Finance Law pursuant to subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds. Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Supervisor shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the Town by lot in any customary manner of selection as determined by the Supervisor. Notice of such call for redemption shall be given by mailing such notice to the registered owners not less than thirty (30) days prior to such date. Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date. The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non-certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”), which will act as securities depository for the bonds in accordance with the Book-Entry-Only system of DTC. In the event that either DTC shall discontinue the Book-Entry-Only system or the Town shall terminate its participation in such Book-Entry-Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non-certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to DTC, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book-Entry-Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office of the Town Clerk as Fiscal Agent as hereinafter provided). In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the Town maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or last business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Supervisor providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the Supervisor as fiscal agent of the Town for the Refunding Bonds (collectively the “Fiscal Agent”). Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The Supervisor, as chief fiscal officer of the Town, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said Town, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the Town, regardless of whether the Refunding Bonds are initially issued in certificated or non-certificated form; provided, however, that the 8 June 15, 2011 Supervisor is also hereby authorized to name the Town Clerk as the Fiscal Agent in connection with the Refunding Bonds if said Refunding Bonds are issued in non-certificated form. The Supervisor is hereby further delegated all powers of this Town Board with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. The Refunding Bonds shall be executed in the name of the Town by the manual or facsimile signature of the Supervisor, and its corporate seal shall be imprinted or impressed thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law and 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. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent. Section 3. It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; (b) the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for the objects or purposes for which such Refunded Bonds were issued is as shown upon Exhibit A attached hereto and hereby made a part hereof; (c) the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of the objects or purposes for which said Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law; (d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, with regard to the Refunded Bonds is as shown in the Refunding Financial Plan described in Section 4 hereof. Section 4. The financial plan for the refunding authorized by this resolution (the “Refunding Financial Plan”), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit B attached hereto and hereby made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in one series to refund all of the Refunded Bonds, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth on Exhibit B attached hereto. This Town Board recognizes that the Refunding Bonds may be issued in one or more series, and for only portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the Town will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit A. The Supervisor is hereby authorized and directed to determine the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Supervisor; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law. The Supervisor shall file a copy of her certificates determining the details of the Refunding Bonds and the final Refunding Financial Plan with the 9 June 15, 2011 Town Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. Section 5. The Supervisor is hereby authorized and directed to enter into an escrow contract or contracts (collectively the “Escrow Contract”) with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said Supervisor shall designate (collectively the “Escrow Holder”) for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law. Section 6. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding 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 be annually levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the Town to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties have notice thereof. Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the Town shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an “arbitrage bond” as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder. Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the Town hereby elects to call in and redeem Refunded Bonds which the Supervisor shall determine to be refunded at the earliest call date available. The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium, as provided in the Bond Determinations Certificate, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the Town in the manner and within the times provided in the Bond Determinations Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. Section 10. The Refunding Bonds shall be sold at public or private sale as shall be determined by the Supervisor for purchase prices to be determined by the Supervisor, plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds. Section 11. The Supervisor and all other officers, employees and agents of the Town are hereby authorized and directed for and on behalf of the Town to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. 10 June 15, 2011 Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Supervisor and all powers in connection thereof are hereby delegated to the Supervisor. Section 13. The validity of the Refunding Bonds 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 14. A summary of this resolution, which takes effect immediately, shall be published in the official newspaper of said Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Dated: June _____, 2011. The foregoing resolution was duly put to a vote which resulted as follows: EXHIBIT A $3,982,000 Various Purposes (Serial) Bonds, 2002 $50,000 bonds authorized, $35,000 bonds issued for the purchase of pick-up trucks; bond resolution dated November 15, 2000, class of objects or purposes, computed from February 27, 2001; PPU – 10 years. $475,000 bonds authorized, $455,000 bonds issued for the reconstruction of Myrtle Blvd.; bond resolutions dated March 22, 2000 and April 3, 2002, specific object or purpose, computed from June 21, 2000; PPU – 15 years. $140,000 bonds authorized, $140,000 bonds issued for the purchase of a garbage truck; bond resolution dated April 4, 2001, specific object or purpose, computed from July 1, 2001; PPU – 15 years. $82,000 bonds authorized, $82,000 bonds issued for the Memorial Park improvements; bond resolution dated July 18, 2001, class of objects or purposes, computed from September 26, 2001; PPU – 15 years. $265,000 bonds authorized, $265,000 bonds issued for the purchase of equipment; bond resolution dated July 18, 2001, class of objects or purposes, computed from September 26, 2001; PPU – 15 years. $125,000 bonds authorized, $125,000 bonds issued for the purchase/installation of gas tanks; bond resolution dated September 22, 1999, specific object or purpose, computed from December 15, 1999; PPU – 15 years. $125,000 bonds authorized, $125,000 bonds issued for the removal of existing gas tanks; bond resolution dated September 22, 1999, specific object or purpose, computed from December 15, 1999; PPU – 10 years. $2,525,000 bonds authorized, $2,525,000 bonds issued for the reconstruction of the Town garage; bond resolutions dated December 19, 2001 and May 1, 2002, specific object or purpose, computed from July 1, 2002; PPU – 20 years. $150,000 bonds authorized, $140,000 bonds issued for the improvements to refuse and garbage district; bond resolution dated February 6, 2002, specific object or purpose, computed from July 1, 2002; PPU – 15 years. $155,000 bonds authorized, $155,000 bonds issued for the purchase of heavy equipment; bond resolution dated April 3, 2002, specific object or purpose, computed from July 1, 2002; PPU – 10 years as to $48,000; 15 years as to $107,000. 11 June 15, 2011 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 3.Authorization – Extension - Ice Rink Concession Agreement On motion Councilwoman Wittner, seconded by Councilman Odierna, the following was approved WHEREAS, due to the ongoing discussion with regard to improvements and renovations to the Hommocks Ice Rink, it is the recommendation that the Town extend the current license agreement for the Hommocks Ice Rink concession stand for a period of one year. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve extending the Hommocks Ice Rink concession stand License with Slap Shot Café for a period of one year to expire on May 31, 2012, at an annual rent increase from $ 16,800 to $17,640, with all other provisions of the license agreement to remain the same. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 4.Update – Property Reassessment Project th Mr. Altieri explained that on June 8, the Town held the scheduled pre-proposal meeting to review with interested contractors the Request for Proposal (RFP) for the Property Reassessment Project. As a result of that meeting, there are seven proposed changes to the RFP outlined in a memo from Mr. Altieri. These changes will be available on the Town’s Web Site once they have been officially incorporated into the RFP. 5.Set Public Hearing – Town Fee Schedule At the last work session the Town Board reviewed a revised format of the Town’s Fee Schedule that the Town Clerk has prepared for inclusion in the Town Code. A public hearing is required in order to adopt the new schedule. 12 June 15, 2011 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the adoption of the revised Town Fee Schedule for July 13, 2011 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. 6.Approval of Certiorari Mr. Maker explained that the certiorari before the Board involves five bank properties owned by the Bank of New York/JP Morgan Chase. Three are located in the Village of Larchmont, one in the Village of Mamaroneck and one in the Town. These tax certiorari have been pending for a number of years; three of which date back to the 1990’s. On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: 113 Chatsworth Avenue ---- Block 603, Lot 1 ---- Village of Larchmont Year Current Assessment Reduced Assessment 2005 $40,000 $37,000 2006 $40,000 $35,000 2007 $40,000 $35,000 2008 $40,000 $35,000 2009 $40,000 $35,000 2010 $40,000 $35,000 2040 Boston Post Road ---- Block 614, Lot 220 ---- Village of Larchmont Year Current Assessment Reduced Assessment 1998 $32,750 $32,750 1999 $32,750 $31,365 2000 $32,750 $29,880 2001 $32,750 $26,500 2002 $32,750 $24,000 2003 $32,750 $22,470 2004 $32,750 $23,540 2005 $32,750 $22,655 2006 $32,750 $21,930 2007 $32,750 $19,925 124 Chatsworth Avenue ---- Block 602, Lot 820 ---- Village of Larchmont Year Current Assessment Reduced Assessment 1997 $82,600 $48,000 1998 $82,600 $48,000 1999 $82,600 $45,000 2000 $82,600 $40,000 2001 $82,600 $40,000 13 June 15, 2011 2002 $82,600 $38,000 2003 $82,600 $37,000 2004 $82,600 $37,000 2005 $82,600 $36,000 2006 $82,600 $36,000 2007 $82,600 $34,000 Year Current Assessment Reduced Assessment 2008 $82,600 $34,000 2009 $82,600 $34,000 2010 $82,600 $35,800 242 Mamaroneck Avenue ---- Block 907, Lots 306 and 355 ---- Village of Mamaroneck Year Current Assessment Reduced Assessment 1998 $90,000 $81,300 1999 $90,000 $76,300 2000 $90,000 $71,300 2001 $90,000 $61,300 2002 $90,000 $56,300 2003 $90,000 $53,800 2004 $90,000 $54,300 2005 $90,000 $51,300 2006 $90,000 $51,300 2007 $90,000 $55,000 2008 $90,000 $55,000 2009 $90,000 $54,000 2010 $90,000 $60,000 1350 Boston Post Road ---- Block 410, Lot 130 ---- Unincorporated Area Year Current Assessment Reduced Assessment 2003 $60,000 $43,000 2004 $60,000 $40,000 2005 $60,000 $40,000 2006 $60,000 $36,000 2007 $60,000 $36,000 2008 $60,000 $33,000 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 7.Salary Authorizations – Community Services Highway Department Recreation On motion of Councilwoman Wittner, seconded by Supervisor O’Keeffe, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Tamara Russell a temporary administrative assistant with the Community Services Department effective June 16, 2011 and ending December 31, 2011 at an hourly rate of $15.00. 14 June 15, 2011 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby re-activate Joseph Giordano as a part-time seasonal laborer with the Highway Department for the period June 2, 2011 through mid August 2011 at a salary of $12.00 per hour. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye On motion of Councilwoman Wittner, seconded by Supervisor O’Keeffe, it was RESOLVED, that as provided for in the 2011 Town Budget the Mamaroneck Town Board does hereby authorize the payment of salary to the following: Retroactive to May 31, 2011 Zoe Morvay Lifeguard $11.25/hour Effective June 14, 2011 Charles Alston Certified Pool Operator $20.00/hour Lila Altman Lifeguard $9.25/hour Jason Corbett Lifeguard $10.00/hour Zachary Hackett Key Attendant $8.25/hour Joe Muratore Lifeguard $9.00/hour Katie Ragone Lifeguard $10.75/hour Rosevelt Robinson Custodian $16.25/hour Michael B. Johnson Lifeguard $11.50/hour HOMMOCKS PLAYGROUND CAMP effective June 28 to August 12, 2011 Ted Ostruzka Director $10,300/season Susie Glavan Unit Leader $2,800/season Rebecca Badner Lifeguard $310/week Ziggy Scipio Lifeguard $320/week Michael Adler Counselor $180/week Jason Bilotti Counselor $320/week Daniel Bracho Counselor $190/week Ethan Brill Counselor $220/week Stephanie Diaz Counselor $230/week Aaron Gootzeit Counselor $265/week Brittany Jackson Counselor $200/week Nikki LaTorre Counselor $200/week Carly Renda Counselor $205/week Emily Rukeyser Counselor $190/week Michael Shapiro Counselor $180/week 15 June 15, 2011 Daniel Smith Counselor $255/week Alessandra Spada Counselor $180/week Margaret Sullivan Counselor $180/week John Uddo Counselor $205/week Grant Weiner Counselor $205/week Kiyoshi Kaneshiro Jr. Counselor $115/week Emilly Porter Jr. Counselor $115/week MONROE PRE-SCHOOL effective June 28 to August 12 Joseph Carducci Counselor $140/week Michelle Colonia Counselor $175/week Elizabeth Del Rio Counselor $115/week Diana Di Micelli Counselor $200/week Sarah Fedorchick Counselor $145/week Erick Linares Counselor $115/week Olivia Lustrin Counselor $125/week Wendy Monter Counselor $125/week Domenica Peragine Counselor $150/week Gustavo Ramirez Counselor $125/week Laura Ramirez Counselor $145/week Kaylah Stephenson Counselor $130/week Nikina Taylor Counselor $200/week Ben Tugendstein Jr. Counselor $105/week Brian Carducci Jr. Counselor $105/week CHATSWORTH PRE-SCHOOL effective June 28 to August 12, 2011 Samuel Gladstone EMT $220/week Marguerite Rosek Music $275/week Camille Tompkins Art $275/week Stephanie Keck Counselor $175/week Irene Mullen Counselor $185/week Troy Sasportas Counselor $195/week Sam Wallach Counselor $135/week Conor Dunleavy Jr. Counselor $85/week Jack Propersi Jr. Counselor $85/week The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O’Keeffe Aye 16 June 15, 2011 8.Set Dates for July and August Town Board Meetings On motion of Councilman Fishman, seconded by Councilman Odierna, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for the July Town Board Meeting for July 13, 2001 and for the August Town Board Meeting for August 17, 2011. 9.Resolution – Board of Assessment Review On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was unanimously approved; WHEREAS, there needs to be a correction in the terms of Members D and E, BE IT RESOLVED, that the resolution passed on May 18, 2011, appointing Glenna Burkley Gray as Member D of the Board of Assessment Review and appointing Nancy C. Wasserman as Member E of the Board of Assessment Review is modified by rescinding so much of that resolution as stated that Glenna Burkley Gray’s term as Member D will expire on September 30, 2016 and that Nancy C. Wasserman’s term as Member E will expire on September 30, 2017, and BE IT FURTHER RESOLVED, that Glenna Burkley Gray’s term as Member D of the Board of Assessment Review shall expire on September 30, 2011, and BE IT FURTHER RESOLVED, that Nancy C. Wasserman’s term as Member E of the Board of Assessment Review shall expire on September 30, 2012, and BE IT FURTHER RESOLVED, that except as modified, the resolution passed on May 18, 2011 appointing Glenna Burkley Gray as Member D of the Board of Assessment Review and appointing Nancy C. Wasserman as Member E of the Board of Assessment Review shall remain in full force and effect. 10. Approval – 2012 Budget Calendar Mr. Altieri explained the proposed Budget Calendar. The Board discussed televising the all day budget session. Mr. Altieri will discuss the possibility with Eric Lewis of LMC-TV. The Board will continue to discuss televising the all day session. BUDGET CALENDAR – 2012 TOWN BUDGET* Tuesday, June 14, 2011 Distribution of Operating & Capital Budget Worksheets/Budget Instructions to Department Heads. 17 June 15, 2011 Friday, September 9, 2011 Submission of Budget Worksheets to Town Administrator’s Office. Monday, September 12 - 16, 2011 Departmental Budget Review. Wednesday, October 19, 2011 Submission of Tentative Budget to Town Clerk & Town Board by Budget Officer Wednesday, October 26, 2011, 6:00 pm - 8:00 pm Public Work Session & Overview of Tentative Budget – Mamaroneck Town Center Conference Room A Friday, October 28, 2011, 8:30 am - 4:30 pm Operating Departments Public Work Session @ Weaver Street Firehouse Auditorium Wednesday, November 9, 2011, 4:30 pm - 9:00 pm Review of Outside Agencies Budget Work Session – Capital Projects Mamaroneck Town Center Conference Room A Thursday, November 17, 2011, 6:00 pm - 9:00 pm Budget Work Session Mamaroneck Town Center Conference Room A Wednesday, December 7, 2011, 8:15 pm 2011 Town Budget/Public Hearing Mamaroneck Town Center Courtroom Monday, December 19, 2011, 8:15 pm Adoption of 2011 Town Budget APPROVAL OF MINUTES On motion of Councilwoman Seligson, seconded by Councilman Fishman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of May 18, 2011 and June 1, 2011. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None SUPERVISOR’S REPORT Supervisor O’Keeffe announced that she and her colleagues have been discussing at numerous meetings, their concern over the impact of the 2% Tax Cap. th Supervisor O’Keeffe reminded residents of the 350 Anniversary of the Town. Nancy Seligson, Christina Battalia and Jen Mangano are working very hard on various activities. The celebration weekend will be September 16 -18th. The weekend will culminate with a Parade and a Celebration in Memorial Park on Sunday the 18th. Nancy Seligson displayed the banner and logo design created for the Town by local graphic artist Taylor Lee. The banners are being sold to local businesses and will be displayed at prominent intersections throughout the Town. Councilwoman Seligson continued with the line-up of events for the weekend. 18 June 15, 2011 REPORT OF COUNCIL Councilman Odierna noted the fantastic Harbor Fest last weekend in the Village of Mamaroneck. On June 8th, Councilman Odierna attended the Planning Board Meeting. On June 14th, the Recreation Commission met. Councilman Odierna noted the Recreation Committee discussed the possible renovation of the Ice Rink and the financial implications. Councilman Odierna also attended the Board of Architectural Review on June 20th, their discussion involved 616 Fifth Avenue and 1 Dillon Road. Councilwoman Wittner noted the wonderful graduation celebration for Court Clerk Denise Cookingham. th Denise recently received her BA from SUNY Purchase. On July 7, the Sheldrake Environmental Center will hold a fundraiser at Chat 19, all are welcome. Councilwoman Seligson noted the well attended retirement celebration for the beloved Library Director Diane Courtney, adding how nice it was to have so many individuals from colleagues to friends to employees who spoke so highly of Diane. The Traffic Committee Meeting was held on June 13th, there were a number of applications which may get presented to the Town Board. Councilwoman Seligson noted that the Committee did discuss that they only hear from proponents of a particular change and that a different notification system should be discussed. Mr. Maker added that something similar to what the Zoning Board of Appeals utilizes could be implemented. In this instance, residents must show that they have properly noticed their neighbors through a mailing prior to a meeting. Councilman Fishman attended the meeting of the Cable TV Board of Control last night. The meeting had some very important discussions regarding the future home of LMC-TV. The Board of Control received an opinion from the Cable Counsel in Washington, DC, regarding funding. Currently, LMC-TV has $750,000 in cable fees generated from both cable providers, that is used for operating costs and for distributions back to the three municipalities; a $350,000 disbursement to the municipalities is anticipated for this year. The other fund is the Capital Project Fund which has $870,000 in funds. It has been determined that those funds can be used to acquire and outfit a permanent studio for LMC-TV. The actual purchase would be made by the Board of Control thru an Intermunicipal Agreement. Councilman Fishman stated that this is good news for LMC-TV, as it will provide them with a more efficient site that can potentially have more revenue generating workshops and programs. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilman Fishman the meeting was unanimously adjourned at 9:50 PM ________________________________ Submitted by Christina Battalia, Town Clerk 19