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HomeMy WebLinkAbout2017_04_05 Town Board Minutes 1 April 5, 2017 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON APRIL 5, 2017, 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 Councilman Ernest C. Odierna Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilman Thomas A. Murphy ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator Connie Green O’Donnell, Assistant Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION On motion of Councilwoman Elkind Eney, seconded by Councilman Odierna, the Work Session was unanimously opened at 5:00PM. 1.Update – Novus Agenda Additionally Present: Roz Cimino, IT Director and telephonically from Novus Agenda, Daniel Ortiz Mr. Ortiz gave an on-line presentation of the Novus Agenda software. The Town Board followed the demonstration on their laptops. This was an initial overview of the agenda management software by the Town Board. Mr. Altieri and his staff are still working through the configuration of the software, with a complete roll out in June. ADDED ITEM Supervisor Seligson stated that she has had many phone calls from upset residents who paid their taxes late and received penalties. Supervisor Seligson noted that it takes a lot of time to explain to residents that this is not a Town penalty, but one enforced by the County. The Tax Office has decided to send out second notices as a courtesy to residents, to try and alleviate the late payments. 2.Discussion – Noise Ordinance with respect to Leaf Blowers Additionally present: Marc Karell and George Roniger of the Sustainability Collaborative. Mr. Roniger and Mr. Karell explained that over the last two years the Sustainability Collaborative has held two Charrettes. Residents were asked which “issues concerning sustainability, resiliency, and quality of life were most important.” Additionally, residents stated that noise, “particularly that generated by leaf blowers, was the number one issue they wish the Town would address.” Mr. Roniger and Mr. Karell presented the Sustainability Collaborative’s letter to the Town Board, outlining noise and air pollution issues, some background information, the current legislation and some recommendations for a reducing the noise and strengthening enforcement. The Board discussed reduced decibel level leaf blowers and how their use could be enforced. The Board also discussed whether enforcement should be applied to homeowners or landscapers. The Board would like to standardize fines for quality of life laws, and asked Mr. Altieri to prepare a schedule of these fines for the Town to review. 2 April 5, 2017 ADDED ITEM With respect to the proposal for a traffic circle at Madison Street and New Jefferson, Councilwoman Katz asked Mr. Altieri to follow up with Tom Baird, the Town’s Consultant, to see if there is a minimum amount of vehicle traffic needed to generate the need for a traffic control devise, whether a circle or a traffic light. Supervisor Seligson reminded the Town Board of the Town of Greenburg resolution, in support of the excess food act, she circulated at the prior Town Board Meeting. Supervisor Seligson asked Abby Katz and Village of Larchmont Trustee Malcom Frouman to take a look at the resolution. Councilwoman Katz, and Trustee Frouman, felt it was something worth supporting. Supervisor Seligson would like to add this to the Regular Agenda for this evening. Supervisor Seligson gave the Board an update on a recent request for a meeting by Indivisible Westchester. The meeting took place with Supervisor Seligson, Councilwoman Elkind Eney, Police Chief Richard Rivera, and representatives from Indivisible. The representatives from Indivisible were looking for clarification on Police procedures with respect to immigration. Police Chief Rivera gave an excellent presentation on the Town’s Standard Operating Procedure and it’s consistency with the Town’s Immigration Statement. Supervisor Seligson felt that the Indivisible Members were impressed with the Chief and his presentation. 3.Discussion – NRG Power Curtailment Solutions The Town Board reviewed a memo from Mr. Altieri and printed materials from NRG Curtailment Solutions, Inc. (NRGCS) outlining the program. “Briefly described the program is designed to have facilities that are major users of electric power shutdown all or part of a facility to reduce the overload of the regional electric grid during times of high demand.” The Town Board agreed this was a worthwhile program to participate in. This is on the regular agenda for approval this evening. 4.Update – Paving of Bonnie Briar Neighborhood Mr. Altieri reported that Lou Martirano met with Lewis Feinberg and Tony Lucas of the Bonnie Briar Association (BBA). The Association would like the Town to put together an agreement outlining the scope th of work to be performed. Bid openings for the paving project will take place on April 20. The Town, as part of the paving project, will raise the manholes and the storm water drains. The BBA is still not sure of the timing for the project, but the Town will insist that all the paving be done at once. 5.Update – Town Center Parking Lot Project Mr. Altieri reported that the Town is waiting for the delivery of additional pavers, which are expected to arrive next week, and the curbing is all prepared and ready for the driveway surface. Next week will be a difficult week for parking, but fortunately it coincides with school recess, so Town employees can park in the school lots or along the street. New Business Supervisor Seligson reported on a meeting she and Mr. Altieri had with Eric Lewis and Matt Sullivan of rd LMC-TV. They discussed a request by LMC-TV for a two year lease of the 3 floor of the Town Center. The lease that LMC-TV currently has with the Village of Mamaroneck for space they occupy there will end in six months. With the ending of the lease, and plans for the Fire House on Mamaroneck Avenue seeming to be financially unfeasible, it warrants LMC-TV making alternative arrangements. They propose making minor rd renovations to the 3 floor as a temporary solution. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Board unanimously agreed to enter into an Executive Session to discuss litigation with Save the Sound, collective bargaining with the CSEA, and the employment history of a particular employee. April 5, 2017 EXECUTIVE SESSION Litigation with Save the Sound Collective Bargaining with the CSEA Employment History of a Particular Employee On motion of Councilwoman Katz, seconded by Councilman Odierna, the Board unanimously agreed to resume the Regular Meeting. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:35 PM, she then pointed out the location of the exits. Supervisor Seligson noted that the Town Board met for a worksession beginning at 5:00 o’clock this evening, adding this is an open meeting that all residents’ are welcomed to attend. SUPERVISOR’S SUMMARY REPORT Yesterday we experienced a scary problem in our water distribution system. Around 4:30 am, a large NYC DEP gate valve controlling the water supply to Shaft 22 which is the source of water for most of Westchester County’s population broke in a closed position. Westchester Joint Water Works became aware of the problem a few hours later and alerted the City. Thankfully, the City was able to fix the valve and most of our Town was without water only until 10:00 am. WJWW had already begun rerouting water from other parts of the system to satisfy water needs. I hope all our Town residents received the robocall the Town issued to warn them of the situation. We also put situation updates on our website and Facebook pages. WJWW also issued a robocall. Please go to our Town website and give us your cell phone number so that we may reach you in an emergency. Go to www.townofmamaroneckny.org and press the “How Do I…” button to bring up the sign up page. It is important that the Town be able to reach you in an emergency. I’ve been mentioning a two large ongoing infrastructure projects at recent Town Board meetings; the renovation of the Town Center parking lot and the SSES. If you’ve been to the TC lately, you will see that we have accomplished a great deal in completing the renovation of the parking lot. The new sidewalk between BPRd and the lower parking lot has been completed, the new pavers around the rear of the building have been completed and the ones in front are about 50% complete, new curbing has been installed along the front of the building between the main entrance and the Courtroom entrance, and the regrading and new retaining walls have been completed in the rear of the building. We expect the project to be finished in late June. The SSES is ongoing. You will see National Water Main trucks in Town that are smoke testing and videoing sanitary sewer lines in the Town. This is part of the very expensive study and analysis to determine the necessary repairs of the Town’s sewer pipes. We expect the repairs to be even more expensive than the study and plan to apply for a grant from the State to help pay for it. I traveled to our state capitol last Tuesday to talk with law makers about the need for funding for water infrastructure projects in our Town, our region and the state. The governor included $2 billion in his proposed budget for these projects. The Assembly and Senate both had at least $2 billion in their budgets. I’m happy to report that, although this year’s budget has not yet passed, the budget extender includes $2.5 billion for water infrastructure. We hope the final budget will even be higher. This funding is badly needed by municipalities throughout the state to properly repair and care for their water infrastructure of pipes, pumps and plants serving drinking water, storm water and sanitary sewer water systems. We’re lucky that our local state legislators, Assemblyman Steve Otis and State Senator George Latimer have been extremely focused on this. th Please note that organic pickup begins tomorrow April 6. Organic materials include grass clippings, small branches and plant trimmings. Congratulations to the newly elected Trustees in the Village of Larchmont: Malcom Frouman and Carol Casazza Herman. April 5, 2017 CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not. PUBLIC HEARING – The Increase and Improvement of the Facilities of the Town of Mamaroneck Garbage District No. 1 The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Hall, in Mamaroneck, New York, in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the proposed increase and improvement of the facilities of the Town of Mamaroneck Garbage District No. 1, in said Town, being the purchase of a new refuse collection vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $170,500. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, March 23, 2017. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed bonding, and there were none. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously closed. In the Matter of The Increase and Improvement of Facilities of Town of Mamaroneck Garbage District PUBLIC INTEREST ORDER No. 1 in the Town of Mamaroneck, Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the purchase of a new refuse collection vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $170,500 and April 5, 2017 WHEREAS, at a meeting of said Town Board duly called and held on March 15, 2017, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Town of Mamaroneck Garbage District No. 1 in said Town at a maximum estimated cost of $170,500, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new refuse collection vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $170,500. Section 2. This Order shall take effect immediately. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved, BOND RESOLUTION DATED APRIL 5, 2017. A RESOLUTION AUTHORIZING THE ISSUANCE OF $170,500 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK GARBAGE DISTRICT NO. 1, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $170,500; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined, as such, will not have any significant adverse effect on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: April 5, 2017 Section 1. For the specific object or purpose of paying the cost of the increase and improvement of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new refuse collection vehicle, including incidental equipment and expenses in connection therewith, there are hereby authorized to be issued $170,500 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $170,500, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $170,500 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Town of Mamaroneck Garbage District No. 1 as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, April 5, 2017 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye PUBLIC HEARING - The Increase and Improvement of the Facilities of Consolidated Water District in the Town of Mamaroneck The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Hall, in Mamaroneck, New York, in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of Consolidated Water District, in said Town, being the construction of improvements to the water supply, storage and distribution system, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,125,225. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, March 23, 2017. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed bonding, and there was none. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously closed. April 5, 2017 On motion of Councilwoman Elkind Eney, seconded by Councilman Odierna, the following was approved, In the Matter of The Increase and Improvement of Facilities of Town of Mamaroneck Consolidated Water District in the Town of Mamaroneck, PUBLIC INTEREST ORDER Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of Town of Mamaroneck Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York, being the construction of improvements to the water supply, storage and distribution system, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,125,225 and WHEREAS, at a meeting of said Town Board duly called and held on March 15, 2017, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Town of Mamaroneck Consolidated Water District in said Town at a maximum estimated cost of $1,125,225, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Town of Mamaroneck Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York, consisting of the construction of improvements to the water supply, storage and distribution system, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,125,225. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye The Order was thereupon declared duly adopted. April 5, 2017 On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved, BOND RESOLUTION DATED APRIL 5, 2017. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,125,225 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK CONSOLIDATED WATER DISTRICT, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Town of Mamaroneck Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $1,125,225; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined, as such, will not have any significant adverse effect on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the increase and improvement of Town of Mamaroneck Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York, consisting of the construction of improvements to the water supply, storage and distribution system, including incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $1,125,225 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $1,125,225, which class of object or purposes is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $1,125,225 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 40 years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Town of Mamaroneck Consolidated Water District as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal April 5, 2017 officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Commissioner Abby Katz, the Board of Fire Commissioners was unanimously declared open. April 5, 2017 Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Ernest C. Odierna Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Thomas A. Murphy 1. FIRE CLAIMS On motion of Commissioner Odierna, seconded by Commissioner Elkind Eney, 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: VENDOR DESCRIPTION AMOUNT AAA Emergency Supply Co. Air compressor Sys service, Rescue Punch, Fire Extingusher inspection 361.50 AT & T Mobility Wireless Service for 2/12/17 - 3/11/17 362.34 Byram Mason Supply Corp Chloride Pellets 151.60 Cablevision Cable Services 3/23-4/22/17 212.70 CIT Xerox Copier contract service 3/22/17 261.56 Chatsworth Cleaners Uniform Cleaning 3/24/17 44.54 Grainger Building Supplies 49.44 Gasaway Consulting Group Presentation on situational awareness 1995.00 Home Depot Building Supplies 237.72 Larry Sprovieri Plumbing Plumbing work on sewage system 495.00 Ready Refresh Rental of Water Coolers at FD HQ 2/19 - 3/18/17 114.96 SG Fire protection Kitchen hood cleaning 3/8/17 350.00 Town of Mam'k PFFA Life Insurance for Career Staff for the Months of February & March 2017 377.28 UniFirst Corporation Cleaning supplies for building 2/24, 3/3, 3/10, 3/24/17 267.77 United Overhead Door Corp. Repair on overhead door 3/20/17 523.53 Verizon Fire HQ service 3/10-4/9/17 239.06 Villa Maria Pizza Food for Fast Drill 3/22/17 61.17 Westch Joint Water Works 205 Weaver St. Charges 1/25 -2/25/17 153.27 0.00 Total: 6258.44 The above resolution was put to a roll call vote: Commissioner Murphy Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye 1.Ratification – Stipulation of Settlement – International Association of Firefighters On motion of Commissioner Murphy, seconded by Commissioner Odierna, the following was approved WHEREAS, the parties have engaged in negotiations in good faith in an effort to arrive at a successful agreement to a contract that expired December 31, 2015, and WHEREAS, the parties have agreed to a tentative agreement. NOW THEREFORE BE IT April 5, 2017 RESOLVED, that the Fire Commissioners of the Town of Mamaroneck does hereby approve the Stipulation of Agreement between the Town of Mamaroneck and the Town of Mamaroneck Fire District #1 and Local 898 of the International Association of Firefighters, for the period January 1, 2016 through December 31, 2019, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town and the Fire Commission. The above resolution was put to a roll call vote: Commissioner Murphy Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye 2.Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of March as submitted by Chief Tortorella as follows: March 2017 ALARM TYPE NUMBER Generals 30 Minors 24 Stills 8 Out of Town (Mutual Aid) 7 EMS 46 Drills 4 TOTAL 119 Total number of personnel responding: 737 Total time working: 56 hours and 47 minutes Commissioner Elkind Eney was asked by chief Tortorella to announce that both new Fire Engines will be delivered in the next few weeks. Engine 36 will arrive just after Easter, and Ladder 19 will arrive shortly thereafter. Councilman Odierna reported that the renovation to the Fire House is expected to be done without a relocation of the apparatus, adding that this is great news. Commissioner Seligson added that shortly after the water emergency yesterday, as a precautionary measure the Town contracted with a water truck to have water on site for potential firefighting purposes. There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Odierna, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1.Authorization – License Agreement – Winged Foot Golf Club April 5, 2017 Mr. Altieri explained in detail the license agreement with the Winged Foot Golf Club, whereby “as part of Winged Foot’s application to improve housing for its employees and the swimming pool for its members, Winged Foot installed a storm water maintenance facility. “The Town required Winged Foot to grant it a license to allow it to service that facility in case Winged Foot does not.” On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Stormwater Control Facilities Maintenance and License Agreement between the Town of Mamaroneck and Winged Foot Holdings Corp., to provide for the long term maintenance and continuation of stormwater control measures at the Winged Foot Golf Club, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 2.Authorization – Power Demand Response Agreement – NRG On motion of Councilman Murphy, seconded by Councilman Odierna, it was approved, that WHEREAS, the Town has been evaluating participation in an electric power curtailment program, and WHEREAS, the program offered by NRG is designed to have facilities that are major users of electric power shutdown all or part of a facility to reduce the overload of the regional electric grid during times of high demand. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement with NRG to participate in a power curtailment program, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 3.Salary Authorization – Environmental Planner On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was April 5, 2017 RESOLVED, that the Mamaroneck Town Board does hereby approve Elizabeth Paul’s annual th salary of $76,968, effective April 5, 2017. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 4.Consideration of Certiorari On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Sorbco Realty Corp. 2137 Boston Post Road Larchmont, NY 10538 Section/Block/Lot: 7-4-202 Town of Mamaroneck/Village of Larchmont Year Current Assessment Reduction Reduced Assessment 2008 $26,750 $10,550 $16,200 2009 $26,750 $15,900 $15,900 2010 $26,750 $17,900 $17,900 2011 $26,750 $18,400 $18,400 2012 $26,750 $17,400 $17,400 2013 $1,630.000 $530,000 $1,100,000 2014 $1,630,000 $530,000 $1,100,000 2015 $1,630,000 $530,000 $1,100,000 2016 $1,630,000 $530,000 $1,100,000 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 5. Approval – Resolution in Support of Excess Food Act On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following was approved, RESOLUTION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK URGING THE TOWN’S REPRESENTATIVES IN THE NEW YORK STATE LEGISLATURE TO SPONSOR AND SUPPORT A PROPOSED “EXCESS FOOD ACT” WHEREAS, annually 60 – 100 million tons of edible food are disposed of in the United States, primarily to landfills, while an estimated 50 million Americans, including nearly 16 million children, do not have sufficient food to eat; and WHEREAS, this national problem also has adverse environmental consequences: approximately 25% of the water used in the U.S. goes to produce food which ends up in landfills, and disposing of excess food requires fossil fuels (gasoline) to transport, and then, if disposed of in landfills, creates methane emissions and greenhouse gas emissions; and April 5, 2017 WHEREAS, the Town of Greenburgh Conservation Advisory Committee (CAC) has studied the law adopted by the Republic of France in 2016 requiring supermarkets to make excess edible food available to feed the needy, and a member of the CAC met with the author of the French law; and WHEREAS, the Town of Greenburgh Conservation Advisory Committee has developed goals for a law in the U.S. requiring supermarkets to make excess edible food available to charities which provide food for free to the needy, and has developed a draft of such law (“Excess Food Act”), which is attached; and WHEREAS, such an Excess Food Act must be adopted at the state, not municipal, level: NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Mamaroneck hereby urges the Town’s representatives in the New York State Legislature to sponsor and support the attached “Excess Food Act,” or a substantially similar act that accomplishes the following goals which recognize legislation can’t solve all problems in the distribution of food to the needy but are designed to have a substantial impact without creating any harm: EXCESS FOOD ACT GOALS:  Be effective in increasing the availability of edible food for ultimate distribution to the needy  Be conservative and exclude foods with quick spoilage problems  Be protective of supermarkets providing the food and of non-profit organizations distributing the same  Be implemented at no cost to government  Be non-political AND, BE IT FURTHER RESOLVED, the Town Board hereby directs the Town Clerk to forward a stamped copy of this resolution and its attachment when they are approved by the Town Board to the Town’s representatives in the New York State Legislature. ATTACHMENT EXCESS FOOD ACT Section 1. Availability Requirement Section 2. Safe Harbor Section 3. Definitions Section 4. Construction Section 5. Failure to Comply Section 1. Availability Requirement A. Every Supermarket shall, on its premises, make available to Qualifying Charities any Excess Food which the Supermarket from time to time has possession of. B.No Supermarket shall be required to provide, or maintain, a particular quantity or level of Excess Food. C.A Supermarket may, in accordance with any applicable laws, dispose of any Excess Food which is not timely picked-up by a Qualifying Charity. D.No Supermarket shall be required hereunder to transport or distribute any Excess Food. E.A Supermarket shall be in compliance with this section if in good faith it negotiates pickup arrangements with any Qualifying Charity which in writing has requested to pick-up Excess Food from the Supermarket. F.A Supermarket may impose restrictions as to the time of pickups by Qualifying Charities so as not to interfere with its business operations. Section 2. Safe Harbor No Supermarket or Qualifying Charity, or any employee, officer, shareholder, partner, agent, volunteer or religious leader thereof shall be subject to civil or criminal liability with respect to Edible Food made available hereunder, or the distribution thereof for free to needy persons, except for gross negligence or intentional misconduct. Section 3. Definitions A. Excess Food shall mean edible food products which a Supermarket has offered for sale for human consumption and which the Supermarket is disposing of due to quality standards, appearance, “best by date” labelling, size, grade, surplus or other similar conditions. Excess Food shall not include: fresh milk; fresh meat; fresh fish; fresh poultry; food damaged by pests, mold, bacteria or other apparent contamination; food damaged by storage conditions; food which had been offered for sale from a hot, cold or prepared food bar; over-the-counter medicines; \[others\]; and any food which is subject to a governmental or producer recall. Excess Food also shall not include any food returned to a supplier, April 5, 2017 donated to a Qualified Charity, sold to a food remarketer or a restaurant or other preparer of food for human consumption, or sold to a farmer or other producer. B.Qualifying Charities shall mean (i) a religious organization which provides food for free to needy persons or (ii) a charity qualified under Section 501(c)(3) of the Internal Revenue Code which provides food for free to needy persons. Qualifying Charities includes food banks and food pantries qualified under Section 501(c)(3) of the Internal Revenue Code which provide food to other Qualified Charities which provide food for free to needy persons. C.Supermarkets, for the purpose of this Act, shall mean a physical retail store having at the location premises exceeding 10,000 square feet devoted to offering food for human consumption for sale to the general public. Supermarkets shall not include, inter alia, hotels, motels, restaurants and cafeterias, bakeries, caterers, hospitals, assisted living facilities, independent living facilities, nursing homes, hospices, group homes, drug stores, educational institutions, food courts in shopping malls, food retailers at airpo9rts or other transportation facilities, gas stations, sports arenas, movie theaters, \[others\]. Section 4. Construction Nothing in this law shall be construed to supersede any governmental health laws and regulations regarding the handling of food. Section 5. Failure to Comply Any Qualifying Charity may seek an order from a court of competent jurisdiction requiring compliance with this law. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 6. Appointment – Housing Authority On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the following was unanimously approved, WHEREAS, with the resignation of Robert Kirby as Member A of the Housing Authority, a vacancy now exists. NOW, THEREFORE, BE IT RESOLVED, that Stephen Chapin be appointed to the position of Member A of the Town of Mamaroneck Housing Authority, and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2018. APPROVAL OF MINUTES 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 meeting of March 15, 2017. WRITTEN COMMUNICATIONS None April 5, 2017 REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, the meeting was unanimously adjourned at 9:25 PM ________________________________ Submitted by Christina Battalia, Town Clerk