Loading...
HomeMy WebLinkAbout2017_06_21 Town Board Minutes June 21, 2017 REVISED * TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY JUNE 21, 2017 THE TOWN BOARD WILL CONVENE - AT 5:00PM, IN CONFERENCE ROOM A TO DISCUSS 1.Discussion – Amended Cyber Security Policy 2.Discussion - Local Law - Revisions to Building Permit Fee Schedules 3.Update - LMC-TV Headquarters 4.Update - Clean Energy Community 5.Update - Gardens Lake 6.New Business 7.Request for Executive Session 8:00PM CALL TO ORDER – COURTROOM PRESENTATION - REUSABLE BAG INITIATIVE VIDEO PRESENTATION PUBLIC HEARINGS - 1. Amendment to the Discharge Compliance Certificate Law to Eliminate Inspections by Plumbers Law 2. Sewer District Bond SUPERVISOR’S REPORT CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1.Fire Claims 2.Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1.Adoption - Amended Cyber Security Policy 2.Consideration - Stipulation of Settlement - CSEA Bargaining Unit 3.Authorization - Appointment of Town Engineer 4.Salary Authorization - Highway Department 5.Authorization - Amendment to Hommocks Pool Concession Agreement 6.Authorization -Transfer of Funds - Workers Compensation Settlement 7.Authorization - Westchester County/Federal Senior Citizen Transportation Agreement 8.Consideration of Certiorari 9.Authorization – Appointment of Acting Police Chief * APPROVAL OF MINUTES - May 3, 2017, May 17, 2017 REPORTS OF THE COUNCIL TOWN CLERK’S REPORT NEXT REGULARLY SCHEDULED MEETING – Monday July 17, 2017 1 June 21, 2017 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JUNE 21, 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 Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilman Thomas A. Murphy ABSENT: Councilman Ernest C. Odierna 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 Katz, seconded by Councilwoman Elkind Eney, the Work Session was unanimously opened at 5:00PM. Additionally Present: Sabrina Fiddleman resident, Ben Morris Summer Intern and Rob Wasp candidate for Town Engineer. Mr. Altieri introduced Mr. Wasp as the Town’s choice for Town Engineer. Mr. Wasp addressed the Town Board discussing his past experience and qualifications, as well as his eagerness to begin working for the Town of Mamaroneck. Mr. Wasp will most likely begin toward the end of July. Mr. Wasp’s appointment as Town Engineer is on this evening’s regular agenda. Discussion – Amended Cyber Security Policy Additionally present: Roz Cimino IT Director Ms. Cimino distributed an updated version of the Cyber Security Policy. The Town Board reviewed and discussed the policy. The Board discussed in greater detail the use of mobile devices and access to email from personal devices. The adoption of the Cyber Security Policy is on this evening’s regular agenda. Discussion - Local Law - Revisions to Building Permit Fee Schedules The Town Board reviewed the draft legislation regarding building permit renewals and related fees. The Board discussed the Building Inspector’s rationale as provided by Mr. Altieri for the changes to permit renewals and fees. The Board discussed older permits that would have fallen under the jurisdiction of the former Building Inspector, as well as a possible cap on fees. The Town Board would like some additional information on the scope of the effected permits and how much more work needs to be done. OUT OF ORDER New Business Councilwoman Elkind Eney stated that at the recent Recreation Commission Meeting they discussed the costs for a new Kayak launch and the upgrades to the sound system at the Hommocks Ice Rink. 2 June 21, 2017 Update - LMC-TV Headquarters The Town Board reviewed a document prepared by Leon Potok, Village of Mamaroneck Trustee, titled Financing Alternatives for LMC-TV Facility Consolidation. This document was presented and discussed at the recent Cable TV Board of Control Meeting. Councilman Murphy explained further, having been at the meeting of the Cable TV Board of Control. Specifically, this new finance alternative calls for a $500,000 contribution from the Village of Mamaroneck to LMC-TV, and a commitment from the municipalities to forgo receiving franchise fees. Councilman Murphy also gave some historical information on the distribution of franchise fees. Councilman Murphy noted that this proposal was not discussed with the other municipalities before it was presented at the Cable TV Board of Control Meeting. Additionally, Councilman Murphy noted that there are legal issues that need to be vetted. At the Cable TV Board of Control Meeting, Councilman Murphy stated that he informed the members that he would bring this proposal back to the Town Board for discussion. The Town Board noted that this is a difficult time to be asking municipalities to forgo the annual franchise fee of $120,000.00, and was not inclined to the proposal. Update - Clean Energy Community Supervisor Seligson updated the Town Board on the NYS DEC’s Clean Energy Communities program. The program offers grants to communities that have completed four out of ten specific environmental actions. Since the last time the Board reviewed this the Town had accomplished seven of the actions, and to date the Town has accomplished eight. The Town has received approval to apply for a grant in the amount of $50,000.00. The grant must be used for an energy saving project. Supervisor Seligson read from the list of eligible projects. Update - Gardens Lake Mr. Altieri explained that the Town has received quotes for aerators at Gardens Lake ranging from $14,000.00 to $44,000.00. The Town’s engineering firm, Dolph Rotfeld, is reviewing the quotes since there th was such a disparity in pricing. The Board also reviewed a memo from Mr. Altieri dated June 15 detailing the dredging that will be performed at the Lake. New Business Supervisor Seligson stated that she received an email from a resident of Country Club Drive stating that the condition of this road is very bad and is requesting that this street be paved. Country Club Drive is not slated to be paved in 2017. The Town Board discussed whether the Town should deviate from the scheduled paving plan, but felt that a schedule is set by the Superintendent of Highways, with a multiyear plan in place, and the Board should not override that on the request of a resident. Request for Executive Session On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to enter into an Executive Session to discuss employment history of a particular employee, sale of land, litigation and collective bargaining with the CSEA. EXECUTIVE SESSION Employment History of a Particular Employee Sale of Land Litigation Collective Bargaining with the CSEA On motion of Supervisor Seligson, seconded by Councilwoman Katz, the Board unanimously agreed to resume the Regular Meeting. 3 June 21, 2017 CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 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. PRESENTATION - REUSABLE BAG INITIATIVE VIDEO PRESENTATION Supervisor Seligson announced that the Town recently held a contest for videos in support of the Town’s Reusable Bag Initiative. This evening the three finalist will present their videos. Videos were then presented by third place winner Charlie Rosenbaum, second place winner Jacob Ross and first place winner Liana Haigis. PUBLIC HEARING (S) – “Amendment to the Discharge Compliance Certificate “ Law The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, and pursuant to a resolution of the Mamaroneck Town Board adopted on June 7, 2017 a Public Hearing will be held on Wednesday, June 21, 2017 at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider: “Amendment to the Discharge Compliance Certificate Law to eliminate inspections by plumbers” Law Purpose When originally enacted, the law requiring a discharge compliance certificate upon the sale of real property in the unincorporated area of the Town of Mamaroneck provided that the inspection to ensure compliance with the laws regarding the discharge of liquids could be done by a plumber licensed to do business within the Town. Experience has shown that it is more efficient and less costly to sellers if inspections of the connections leading from the real property to the public storm water sewer lines and to the sanitary sewer lines are conducted by a member of the Town’s Building Department. This law makes the required inspection a task to be performed by the Building Department, and not by local plumbers. The full text of this law can be viewed on the website or copies can be obtained at the Town Clerk's office during regular hours, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY 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: June 14, 2017 On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. 4 June 21, 2017 George Roniger addressed the Town Board. He stated that he felt this was a good law. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. On motion of Councilman Murphy, seconded by Councilwoman Katz, the following Local law was approved: Local Law No. 8 - 2017 This local law shall be known as the “Amendment to the Discharge Compliance Certificate Law to eliminate inspections by plumbers” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: When originally enacted, the law requiring a discharge compliance certificate upon the sale of real property in the unincorporated area of the Town of Mamaroneck provided that the inspection to ensure compliance with the laws regarding the discharge of liquids could be done by a plumber licensed to do business within the Town. Experience has shown that it is more efficient and less costly to sellers if inspections of the connections leading from the real property to the public storm water sewer lines and to the sanitary sewer lines are conducted by a member of the Town’s Building Department. This law makes the required inspection a task to be performed by the Building Department, and not by local plumbers. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 106-49 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 106-49 Discharge compliance certificate required. A. As used in this section, the following terms have the meanings indicated: DISCHARGE COMPLIANCE CERTIFICATE (1) A certificate issued by the Issuing Officer with respect to real property not meeting the definition of a multiple housing unit, stating: (a) that all of the connections leading from the real property to the public storm water sewer lines and to the sanitary sewer lines comply with the requirements of the New York State Building Codes and the Town Code; and (b) that there are no culverts, drains, hoses, leaders, lines, pipes or pumps that discharge liquids directly onto or directly toward a street, sidewalk or right-of-way; or (2) A certificate issued by the Issuing Officer with respect to a nonexempt multiple housing unit stating: (a) either that all of the connections leading directly from that unit to the public storm water sewer lines or to the public sanitary sewer lines and not to sewer lines located outside such unit but within the building in which that unit is situated comply with the requirements of the New York State Building Codes and the Town Code or that there are no such connections; and (b) that there are no culverts, drains, hoses, leaders, lines, pipes or pumps that discharge liquids from such unit directly onto or directly toward a street, sidewalk or right-of-way. EXEMPT MULTIPLE HOUSING UNIT A multiple housing unit which does not touch the ground. This section does not apply to exempt multiple housing units. ISSUING OFFICER The Building Inspector or the Director of Building Code Enforcement and Land Use Administration. MULTIPLE HOUSING UNIT 5 June 21, 2017 (1) An apartment whose owner: (a) holds an interest in an entity formed for the cooperative ownership of real property, and (b) is the tenant of the proprietary lease for such apartment, or (2) A unit as that term is defined in § 339-e of the New York Real Property Law and used in Article 9- B ("Condominium Act") of the New York Real Property Law. NONEXEMPT MULTIPLE HOUSING UNIT A multiple housing unit which touches the ground. REAL PROPERTY A lot or a nonexempt housing unit. RENEWAL EVENT The transfer of title in connection with the sale of real property located in the unincorporated portion of the Town that occurs after January 1, 2006. SATISFACTORY INSPECTION (1) For real property not meeting the definition of a multiple housing unit, a determination made by the Issuing Officer or such Officer’s designee : (a) that all of the connections leading from the real property to the public storm water sewer lines or to the public sanitary sewer lines comply with the requirements of the New York State Building Codes and the Town Code; and (b) that there are no culverts, drains, hoses, leaders, lines, pipes or pumps that discharge liquids directly onto or directly toward a street, sidewalk or right-of-way. (2) For a nonexempt multiple housing unit, a determination made by the Issuing Officer or such Officer’s designee: (a) that those connections leading directly from that unit to the public storm water sewer lines or to the public sanitary sewer lines, and not to sewer lines located outside such unit but within the building in which that unit is situated, comply with the requirements of the New York State Building Codes and the Town Code; and (b) that there are no culverts, drains, hoses, leaders, lines, pipes or pumps that discharge liquids from such unit directly onto or directly toward a street, sidewalk or right-of-way. B. No building on real property shall be used or occupied, in whole or in part, after a renewal event has occurred unless a discharge compliance certificate is issued therefor. To apply for a discharge compliance certificate, the owner of the real property or such owner’s representative shall submit to the Issuing Officer an application therefor on a form approved by the Issuing Officer, together with whatever documentation the Issuing Officer may require, and payment of the fee for a discharge compliance certificate. If there is a Satisfactory Inspection of the real property, the Issuing Officer shall issue a discharge compliance certificate for that real property. By applying for a discharge compliance certificate, the owner of the real property authorizes the Issuing Officer or such Officer’s designee to enter upon the real property for the purpose of conducting such inspection. C. A discharge compliance certificate can be issued at any time after a renewal event has occurred. A discharge compliance certificate also can be issued prior to a renewal event; however, such certificate shall th expire on the sixtieth (60) day after it is issued unless the renewal event shall have occurred before its expiration date. D. A discharge compliance certificate issued after a renewal event has occurred shall expire when the next renewal event with respect to that real property occurs. If a discharge compliance certificate is issued prior to a renewal event and a renewal event occurs before that discharge compliance certificate expires pursuant to § 106-49C, such certificate shall expire when the next renewal event with respect to the real property occurs. Nothing contained in this section shall be construed as preventing the Issuing Officer from revoking a discharge compliance certificate if there are grounds to do so. 6 June 21, 2017 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: Murphy Aye Elkind Eney Aye Katz Aye Odierna ABSENT Seligson Aye PUBLIC HEARING – Sewer District Bonding It is hereby noted for the record, that a detailed memorandum of explanation from Mr. Altieri titled, Sewer District Bond/Mandatory Sanitary Sewer Repairs Westchester County, dated June 6, 2017, was entered into the Minutes of June 7, 2017. 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 June 21, 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 the Sewer District No. 1, in said Town, being improvements to reduce inflow and infiltration of storm water into the sanitary sewer system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, pursuant to an Intermunicipal Agreement with the County of Westchester, New York, at a maximum estimated cost of $11,100,000. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act which, it has been determined, will not have any adverse effect on the environment. SEQRA compliance materials and the map, plan and report are available for inspection at the Office of the Town Clerk where they may be inspected during normal business hours. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, June 13, 2017. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the public hearing was unanimously opened. Supervisor Seligson explained the reason for the bonding. Reference is hereby made to a memo by Mr. Altieri under this evening’s worksession. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following was approved, 7 June 21, 2017 At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York in said Town, on June 21, 2017, at 8:00 o’clock P.M., Prevailing Time. PRESENT: Supervisor Nancy Seligson Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilman Thomas A. Murphy ABSENT: Councilman Ernest C. Odierna In the Matter of The Increase and Improvement of Facilities of Sewer PUBLIC INTEREST ORDER District 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 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 Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, being improvements to reduce inflow and infiltration of storm water into the sanitary sewer system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $11,100,000 and WHEREAS, at a meeting of said Town Board duly called and held on June 7, 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 Sewer District No. 1 in said Town at a maximum estimated cost of $11,100,000, 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 June 21, 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 Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of improvements to reduce inflow and infiltration of storm water into the sanitary sewer system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $11,100,000. Section 2. This Order shall take effect immediately. 8 June 21, 2017 The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna ABSENT Supervisor Seligson Aye The Order was thereupon declared duly adopted. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the following was approved, BOND RESOLUTION At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, st held at the Town Hall, in Mamaroneck, New York, in said Town, on the 21 day of June, 2017, at 8:00 o’clock P.M., Prevailing Time. The meeting was called to order by Supervisor Seligson, and upon roll being called, the following were PRESENT: Supervisor Nancy Seligson Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilman Thomas A. Murphy ABSENT: Councilman Ernest C. Odierna The following resolution was offered by Councilwoman Elkind Eney, who moved its adoption, seconded by Councilman Murphy to-wit: BOND RESOLUTION DATED JUNE 21, 2017. A RESOLUTION AUTHORIZING THE ISSUANCE OF $11,100,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF SEWER 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 Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $11,100,000; 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 9 June 21, 2017 promulgated pursuant to the State Environmental Quality Review Act, which it has been determined 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 Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of improvements to reduce inflow and infiltration of storm water into the sanitary sewer system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $11,100,000 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 $11,100,000, 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 $11,100,000 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 4 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 Sewer 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, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; 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 10 June 21, 2017 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 Supervisor is hereby further authorized, at her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. 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 11. 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 12. 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 ABSENT Seligson Aye . The resolution was thereupon declared duly adopted SUPERVISOR’S SUMMARY REPORT The Town Center parking lot renovation and paving is almost complete and looks great. Plantings for the rain garden, landscaping and new signage are the only remaining items for the project. Summer is not the best time to do planting due to the heat and lack of rain so we plan to landscape and plant in the fall. The project renovated the worn out pavement and sidewalks at 11 June 21, 2017 the Town Center and includes green infrastructure that was paid for with a grant to treat storm water . The repair of the Town's sanitary sewers continues to move forward. We will talk more about that during our meeting tonight. I have news of two significant retirements. One is WJWW Manager Tony Conetta who is leaving at the end of June after 9 years running WJWW. Tony updated and modernized the WJWW and has continually worked to satisfy the filtration mandate without having to build unnecessary infrastructure. He has played an important role in bringing clean water to hundreds of thousands of people. The second is our Police Chief, Richard Rivera. Rich is leaving at the end of June after serving for over 40 years in the TMPD. He has been chief for more than 20 years. Chief Rivera has been a stabilizing and grounding force in the PD. His knowledge of police science and procedure has governed the department with a steady hand. We will be sorry to see him retire. Happy summer to everyone! CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board. George Roniger, representing the Larchmont Gardens’ Civic Association addressed the Board. Mr. Roniger began by inquiring of the Board if they have had any further discussions or decisions regarding the 65 decibel leaf blowers. Supervisor Seligson responded that, yes, the Board has discussed them, but has not moved forward. Mr. Roniger did thank the Board for passing the increased fines for violations of the leaf blower law. He thanked the Board for their attendance at the recent annual meeting of the Larchmont Gardens’ Civic Association, adding it was a successful dialogue. Mr. Roniger inquired about the upcoming dredging. Mr. Altieri responded that it should take place in late August or early September. Mr. Altieri then gave an update on the dredging project. Mr. Roniger asked about a budget for a path around the Lake and was happy to hear that it was already budgeted. He spoke about the concept of a fly fishing event, with more to follow on that. Finally, Mr. Roniger re-addressed the issue of the stone pillars on Myrtle Blvd and noted that the Association is still working on a shared cost. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Commissioner Murphy, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Thomas A. Murphy Absent was the following Member of the Commission: Commissioner: Ernest C. Odierna 1. FIRE CLAIMS On motion of Commissioner Murphy, 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: 12 June 21, 2017 VENDOR DESCRIPTION AMOUNT AAA Emergency Supply Co. Gas Det., Prot. Boot, Calibration Station & Gas, Demand Flow Regulator $973.90 AAA Emergency Supply Co. Flat Head/ Fiberglass, Fire Ext., Tamper Seal, Hooks, Sledgehammer 612.60 Bound Tree Medical, LLC Aspirin, Tape, Gauze, EPI & Training Kit, Gloves 762.60 Brewers Hardware Screws/Fasteners 13.84 Con Edison Fire HQ Gas service 5/1/17 - 5/30/17 206.14 Goosetown Magnetic Mic Conversion Kit 34.95 Communications Home Depot Drill Bits & 20v Battery 150.85 Sound Shore Pest Control Exterminating Services on 5/22/17 65.00 Tony's Nursery Inc. 12 Hanging Baskets 239.90 Town of Mam'k Fire Dept. Food for Monthly Drill 5/16/17, Water, Electric Cords 382.93 UniFirst Corporation Cleaning supplies for building 5/26/17, 6/2, 6/9/17 218.52 Villa Maria Pizza Food for Explorer Drill 6/7/17 92.88 Total: $5754.11 The above resolution was put to a roll call vote: Commissioner Murphy Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna ABSENT Commissioner Seligson Aye th Commissioner Elkind Eney announced the upcoming Fire District Election on June 27 from 3:00-9:00PM at the Weaver Street Fire House. The referendum is for turn-out gear as well as repairs to the fire house bay floors. There being no further business to come before the Commission, on motion of Commissioner Katz, seconded by Commissioner Elkind Eney, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1.Adoption - Amended Cyber Security Policy On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby adopt the Cyber Security Policy as prepared and submitted by the Town’s IT Director, Roz Cimino, on June 21, 2017. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna ABSENT Seligson Aye 2.Consideration - Stipulation of Settlement - CSEA Bargaining Unit On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Stipulation of Agreement between the Town of Mamaroneck and Local 1000 Civil Service Employees 13 June 21, 2017 Association, for the period January 1, 2017 through December 31, 2020, per the terms stated in the Stipulation of Agreement dated May 17, 2017, 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 ABSENT Seligson Aye 3.Authorization - Appointment of Town Engineer On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Robert Wasp to the provisional position of Town Engineer at an annual salary of $115,000.00. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna ABSENT Seligson Aye 4.Salary Authorization - Highway Department On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Joseph Giordano to the full- time position of Motor Equipment Operator II in the Highway Department, effective June 22, 2017, at an annual salary of $70,241.00. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna ABSENT Seligson Aye 5.Authorization - Amendment to Hommocks Pool Concession Agreement On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was 14 June 21, 2017 RESOLVED, that the Mamaroneck Town Board does hereby approve the amendment to the Slapshot Café Concession Agreement, to reflect a reduction in the annual rent amount to $26,000, and hereby extends the current Lease Agreement to September 15, 2018, subject to the form of Agreement by Town Counsel. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna ABSENT Seligson Aye 6.Authorization -Transfer of Funds - Workers Compensation Settlement On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following was approved, WHEREAS, on June 7, 2017, the Town Board approved the settlement of the indemnity portion of the workers compensation claim for Police Detective Edmonds, in the amount of $120,000.00. NOW THEREFORE, BE IT, RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of funds in the amount of $120,000.00, detailed by the Town Comptroller as follows: BUDGET AMENDMENT - INCREASE 2017 PART TOWN FUND BUDGET TOWN BOARD MEETING 6/21/2017 PART TOWN (FUND B): INCREASE BUDGET: B.0000.5995 APPROPRIATED FUND BALANCE $ 120,000.00 B.9000.9041 WORKERS' COMP - POLICE $ 120,000.00 * REPRESENTS ANTICIPATED USAGE OF PART TOWN FUND UNRESERVED FUND BALANCE TO FUND THE WORKERS' COMPENSATION INDEMNITY ONLY SETTLEMENT TO DONN EDMONDS PREVIOUSLY APPROVED BY RESOLUTION OF TOWN BOARD ON JUNE 7, 2017 ORIGINAL BUDGET - B.9000.9041 $ 218,700.00 BUDGET AMENDMENT - R.O.B. 06/21/2017 $ 120,000.00 REVISED BUDGET AS AMENDED 06/21/2017 $ 338,700.00 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna ABSENT Seligson Aye 15 June 21, 2017 7.Authorization - Westchester County/Federal Senior Citizen Transportation Agreement On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Title III-B Transportation Contract with the County of Westchester for the periods of January 1, 2017 through December 31, 2017 and April 1, 2017 through March 31, 2018. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna ABSENT Seligson Aye 8.Consideration of Certiorari On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: STB Realty Corp. 901-905 Mamaroneck Avenue and 105 Hillside Avenue Section/Block/Lot: 8-21-530 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2010 $35,000 $4,570 $30,430 2011 $35,000 $3,720 $31,280 2012 $35,000 $5,420 $29,580 2013 $1,985,000 $285,000 $1,700,000 2014 $1,985,000 $285,000 $1,700,000 2015 $1,985,000 $285,000 $1,700,000 2016 $1,985,000 $285,000 $1,700,000 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 9.Authorization – Appointment of Acting Police Chief * On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following was approved, WHEREAS, on June 29, 2017, Police Chief, Richard Rivera, will be retiring after thirty five years of service with the Town of Mamaroneck, and WHEREAS, the Town is working on civic service requirements for Chief Rivera’s replacement, and for arrangements for a smooth transition, it is the recommendation to appoint an interim Police Chief. NOW, THEREFORE, BE IT 16 June 21, 2017 RESOLVED, that the Mamaroneck Town Board does hereby appoint Lieutenant Paul Creazzo to the position of Acting Police Chief, effective June 30, 2017, at an annual salary of $155,000.000. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna ABSENT Seligson Aye APPROVAL OF MINUTES – May 3, 2017 and May 17, 2017 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of May 3, 2017 and May 17, 2017. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the meeting was unanimously adjourned at 9:40 PM ________________________________ Submitted by Christina Battalia, Town Clerk 17