7 September 2011 Town Board Meeting Town
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7 SEPTEMBER 2011 TOWN BOARD MEETING TOWN HALL, MAHOPAC, N.Y. A Regular Meeting of the Town Board of the Town of Carmel was called to order by Supervisor Kenneth Schmitt on the 7th day of September 2011 at 7:16 p.m. at Town Hall, 60 McAlpin Avenue, Mahopac, New York. Members of the Town Board present by roll call were: Councilman Ravallo, Councilman Lombardi, Councilwoman McDonough, and Supervisor Schmitt. Supervisor Schmitt acknowledged the recent passing of life-long Town of Carmel resident, local business owner and pillar of the community, William D. Spain. The Pledge of Allegiance to the Flag was observed prior to the start of official business and a moment of silence was observed to honor those serving in the United States Armed Forces, as well as to honor the tenth anniversary of the tragic events of the 9/11 terrorist attacks. MINUTES OF TOWN BOARD MEETINGS HELD ON 7/20/11, 7/27/11, 8/3/11 AND 8/17/11 - ACCEPT AS SUBMITTED BY THE TOWN CLERK On motion by Councilman Lombardi, seconded by Councilman Ravallo, with all members of the Town Board present and voting “aye”, the minutes of the Town Board meetings held on July 20th, July 27th, August 3rd and August 17th, 2011 were accepted as submitted by the Town Clerk. TOWN ASSESSOR APPOINTED - GLENN A. DROESE - COMMENCING 9/19/11 AND EXPIRING 9/30/2013 RESOLVED, that the Town Board of the Town of Carmel hereby appoints Glenn A. Droese as Town of Carmel Assessor for a term commencing September 19, 2011 and expiring September 30, 2013 at an annual salary of $90,000. Resolution Offered by: Councilman Lombardi Seconded by: Councilman Ravallo Roll Call Vote YES NO Robert Ravallo X Frank Lombardi X Suzanne McDonough X Kenneth Schmitt X The members of the Town Board each spoke regarding Mr. Droese’s outstanding qualifications and experience, and welcomed him back to the Town of Carmel in his new capacity. BUDGET MODIFICATIONS #2011-07 AND #2011-08 - AUTHORIZED WHEREAS the Town Comptroller has reviewed the July 2011 and August 2011 Budget Modifications with the Town Board which are detailed and explained on the attached Budget Revisions Schedules identified as #2011-07 and #2011-08; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Carmel hereby authorizes and ratifies the July 2011 and August 2011 Budget Modifications/Revisions itemized on Schedules #2011-07 and #2011-08 which are attached hereto, incorporated herein and made a part hereof. Resolution Offered by: Councilman Ravallo Seconded by: Councilman Lombardi PAGE 2 7 SEPTEMBER 2011 TOWN BOARD MEETING (Cont.) Roll Call Vote YES NO Robert Ravallo X Frank Lombardi X Suzanne McDonough X Kenneth Schmitt X PAGE 3 7 SEPTEMBER 2011 TOWN BOARD MEETING (Cont.) PAGE 4 7 SEPTEMBER 2011 TOWN BOARD MEETING (Cont.) PAGE 5 7 SEPTEMBER 2011 TOWN BOARD MEETING (Cont.) JUSTICE COURT ASSISTANCE PROGRAM - SUBMISSION OF GRANT APPLICATION AUTHORIZED RESOLVED, that the Town Board of The Town of Carmel hereby authorizes the submission of the 2011 Justice Court Assistance Program Grant Application on behalf of the Town of Carmel Justice Court, in form as attached hereto, incorporated herein and made a part hereof. Resolution Offered by: Councilwoman McDonough Seconded by: Councilman Ravallo Roll Call Vote YES NO Robert Ravallo X Frank Lombardi X Suzanne McDonough X Kenneth Schmitt X PAGE 6 7 SEPTEMBER 2011 TOWN BOARD MEETING (Cont.) PAGE 7 7 SEPTEMBER 2011 TOWN BOARD MEETING (Cont.) Supervisor Schmitt acknowledged the efforts of Patricia Genna, Court Clerk for her continuing efforts to obtain grant funding for the Town of Carmel. THE MAHOPAC-CARMEL CHAMBER OF COMMERCE - APPLICATIONS FOR A PARK USE PERMIT AND A SOUND AMPLIFICATION PERMIT FEES WAIVED - 10/2/11 RESOLVED that the Town Board of the Town of Carmel hereby waives the fees in reference to the application of The Mahopac-Carmel Chamber of Commerce for a park use permit and a sound amplification permit for the Community Street Festival and Merchant Showcase on Sunday, October 2, 2011 at the Mahopac Chamber Community Park in the hamlet of Mahopac. Resolution Offered by: Councilman Lombardi Seconded by: Councilman Ravallo Roll Call Vote YES NO Robert Ravallo X Frank Lombardi X Suzanne McDonough X Kenneth Schmitt X THE COST OF THE PURCHASE AND INSTALLATION OF COMPUTER NETWORK SYSTEM UPGRADES FOR THE FINANCIAL MANAGEMENT SYSTEM AT A MAXIMUM ESTIMATED COST OF $250,000.00 AUTHORIZED AND THE ISSUANCE OF UP TO $250,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF AUTHORIZED BE IT RESOLVED, by the Town Board of the Town of Carmel, Putnam County, New York, as follows: Section 1. The cost of the purchase and installation of a computer network system upgrades for the financial management system and related improvements , in and for the Town of Carmel, Putnam County, New York, including incidental expenses related thereto, is hereby authorized at a maximum estimated cost of $250,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of not exceeding $250,000 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 class of objects or purposes is five years, pursuant to subdivision 89, based upon subdivisions 32 and 81 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. The faith and credit of said Town of Carmel, Putnam County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from other sources, there shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, 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. PAGE 8 7 SEPTEMBER 2011 TOWN BOARD MEETING (Cont.) Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. 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 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. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Resolution Offered by: Councilman Ravallo Seconded by: Councilwoman McDonough Roll Call Vote YES NO Robert Ravallo X Frank Lombardi X Suzanne McDonough X Kenneth Schmitt X Supervisor Schmitt explained the purpose and necessity for borrowing to upgrade the Town of Carmel’s aged and failing computer technology. CARMEL WATER DISTRICT NO. 12 - PUBLIC INTEREST ORDER AUTHORIZED - PURCHASE AND INSTALLATION OF AN EMERGENCY GENERATOR - MAXIMUM ESTIMATED COST OF $60,000.00 WHEREAS, the Town Board of the Town of Carmel, Putnam County, New York, has duly 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 proposed increase and improvement of the facilities of Water District No. 12, in the Town of Carmel, Putnam County, New York, consisting of the purchase and installation of an emergency generator, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $60,000 and PAGE 9 7 SEPTEMBER 2011 TOWN BOARD MEETING (Cont.) WHEREAS, at a meeting of said Town Board duly called and held on September 15, 2010, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Water District No.