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HomeMy WebLinkAbout2018_02_28 Town Board Minutes February 28, 2018 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON FEBRUARY 28, 2018, 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 Councilwoman Sabrina Fiddelman Councilman Jeffery L. King 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 Fiddelman, seconded by Councilwoman Elkind Eney, the Work Session was unanimously opened at 5:00PM. Update – Pryer Manor Bridge Project Additionally Present: Rob Wasp Town Engineer The Town Board reviewed a memo, including photographs, from Mr. Altieri dated February 23, 2018 outlining the joint project with the City of New Rochelle to repair the bridge abutments and re-face the stucco surface of the Pryer Manor Bridge. Mr. Wasp explained the increased deterioration and the additional repairs that need to be made. The original project was estimated at $207,000, but with the additional construction and engineering it is now estimated at $720,000; the Town’s share of the cost is 50% or $360,000. Mr. Altieri stated that the project is not eligible for a BRIDGE NY grant. If the Town were to move forward, the Board would need to approve additional bonding above the previously approved bonding of $103,500. Update – Sewer System Evaluation Study Additionally Present: Rob Wasp Town Engineer The Town Board received an additional document titled Preliminary Pro-Forma Sewer System Evaluation and Improvement Project. The Town Board reviewed the memo from Mr. Altieri dated February 23, 2018, listing three key updates to the project as follows: 1. Consortium communities have each approved and executed agreements for engineering services with GHD Engineering 2. A preliminary construction schedule and work program has been prepared 3. An estimated construction budget including engineering services for the Mamaroneck and New Rochelle Sewer Districts is $4.5million. Update – Firehouse Restoration Project th Mr. Altieri stated that the restoration of the Firehouse apparatus floor is set to begin on March 19, with the lower level taking a bit longer to begin. Calgi Construction is still working on estimates for the work to be done on the lower level. A referendum will need to be held for the additional funding required, and as preferred by the Town it will not be held during summer months. 1 February 28, 2018 Mr. Altieri gave an update on Ladder 19, including historical background information for the new Town Board Members. At this time the Fire Department is looking for an alternative truck from a different manufacturer. ADDED ITEM Mamaroneck School District The Board discussed the response by the Mamaroneck School District to the Tarrytown school shooting. Mr. Altieri gave specifics of the incident and how it affected the Town. The School District and the Town have discussed the need to immediately formulate a plan and procedure for incidents involving the schools. The School District will be meeting with the Town and Villages tomorrow to discuss bringing in a professional to help facilitate an emergency ‘table top’ discussion and help create an emergency plan. Review – Scope of Work - Draft RFP – Comprehensive Plan The Town Board reviewed a draft Request for Proposal to develop a Comprehensive Plan. The Town Board had some initial comments, but would like more time to read and review previous reports such as the Master Plan from the 1960’s and 1980’s and the new Hazard Mitigation Plan. The Town Board will continue to discuss development of a Comprehensive plan at future meetings. Review – Draft Street Light Installation Policy The Town Board reviewed a draft policy to be used when a resident requests the installation of a street light. The Town Board would like the Traffic Committee to review the policy. The Board would like to add to the policy neighbor notification of any request. Update – Town Building Security The Town Board discussed revisiting a ban on guns in Town Buildings. Any new policy would only be for Town Buildings, and not all Town Property. The Board discussed the difficulty in creating a ban. Mr. Maker noted that quite a bit of research will need to be done and the Town should be prepared, should it go forward, that this might be litigated. Mr. Maker will do additional research and report back to the Town Board. Review – Correspondence from Carol Akin The Town Board reviewed the correspondence from Ms. Akin regarding dog waste being put in residents’ garbage cans. Supervisor Seligson will reach out to Ms. Akin and tell her the Town will try and get the word out to residents, and will make an announcement during her Supervisor’s Report this evening. New Business Mr. Altieri informed the Town Board that the new owner, as of today, of the Cambium, has created a new plan for the façade of the businesses on Madison Avenue. The developer was required to update the façade, and this new plan is similar to the plan that the Town Board initially saw and approved of. EXECUTIVE SESSION On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Board unanimously agreed to enter into an Executive Session to discuss appointments to various Boards and Commissions. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Board unanimously agreed to resume the Regular Meeting. 2 February 28, 2018 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. SUPERVISOR’S SUMMARY REPORT The three municipalities, along with the three police chiefs, are convening with the school districts tomorrow to debrief about the situation yesterday that caused a lot of anxiety and stress. We want to make sure we are always prepared for any situation. The mayor of the Village of Ossining and the Supervisor of the Town of Ossining came to the Town to after our last TB meeting to learn about the Food Waste Composting program and to see our sanitation set up. I was happy to proud to explain our program and show them around Town. We did seem to have a mini climate change moment when one day it was 75 degrees and the next day it snowed. I know a lot of people would like to see the end of winter and it feels like it’s coming soon. Not much more to report as the holiday week was quite quiet. CERTIFICATES OF APPRECIATION Supervisor Seligson stated that there were a number of residents who helped enormously during the recent fire at the apartment building on Dillon Road. The Town would like to recognize these residents for the important work they performed volunteering in our community. Town of Mamaroneck Certificate of Appreciation WE HEREBY EXPRESS OUR SINCERE GRATITUDE TO: Vivian Miranda In recognition for your service as a Red Cross Volunteer assisting residents impacted by the Dillon Road fire on January 12, 2018. Town of Mamaroneck Certificate of Appreciation WE HEREBY EXPRESS OUR SINCERE GRATITUDE TO: Tara Graham Turner In recognition for your service as a Red Cross Volunteer assisting residents impacted by the Dillon Road fire on January 12, 2018. Town of Mamaroneck Certificate of Appreciation WE HEREBY EXPRESS OUR SINCERE GRATITUDE TO: Linda Latone In recognition for your service as a Red Cross Volunteer assisting residents impacted by the Dillon Road fire on January 12, 2018. Tara Anderson was in attendance to personally accept her award and addressed the audience and thanked the Town for this recognition. PUBLIC HEARING – “Reduction in Size of the Planning Board” Law The following Notice of Public Hearing is entered into the record as follows: 3 February 28, 2018 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 February 7, 2018, a Public Hearing will be held on Wednesday, February 28, 2018 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: “Reduction in Size of the Planning Board” Law. Purpose The Town Board finds that there is no need for the Planning Board to consist of seven (7) members. This local law reduces the number of members to five (5) as allowed by Town Law § 271 (7). The full text of this document 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: February 17, 2018 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law, and there was not. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following Local law was approved with the addition to the law of two Alternate Members: Local Law No. 2 - 2018 This local law shall be known as the “Reduction in Size of the Planning Board” law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town Board finds that there is no need for the Planning Board to consist of seven (7) members. This local law reduces the number of members to five (5) as allowed by Town Law § 271 (7). Section 2 – Amendment of a current section of the Mamaroneck Code: Section 5-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: A. The Planning Board, previously established by the Town Board, shall continue to exist. It shall consist of five regular members and two alternate members. The members shall be known as Member A, Member B, Member C, Member D, Member E, Alternate Member 1 and the Alternate Member 2. All of the members shall be appointed by the Town Board. Annually, the Town Board shall designate which of the members shall serve as the Chairperson and as the Vice Chairperson for that year. B. Except for persons appointed or re-appointed to the Planning Board in 2018 and except as provided in section 5-10D of the Code, the term of each member shall be five (5) years and shall expire on the 31st day of December in the year in which the term expires. 4 February 28, 2018 C. The term of office of a member appointed in 2018 shall commence on the date that the Town Board appoints that person to the Planning Board, and shall expire in accordance with the following schedule: (1) Member A’s term and Alternate Member 1’s term shall expire on December 31, 2018, (2) Member B’s term and Alternate Member 2’s term shall expire on December 31, 2019, (3) Member C’s term shall expire on December 31, 2020, (4) Member D’s term shall expire on December 31, 2021, (5) Member E’s term shall expire on December 31, 2022. D. If a person is appointed or qualifies as a member after January 1 of the year in which that person’s term began, that person's term shall expire on the 31st day of December of the year when that person's term expires even if that person will have served less than five years or the length of time associated with that Member’s term pursuant to section 5-10 C. 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 its filing with the Secretary of State. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 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 Town Board. Mr. Roniger noted the following events in progress or in early development: the Kenducky Derby, a line casting event, a possible new environmental event and the annual meeting. Mr. Roniger asked for an update on the pathway around the Duck Pond, as well as another review of the deteriorating stone pillars on Myrtle Blvd. The Larchmont Gardens’ Civic Association continues to focus on trees and is working on ideas to solve the continued geese problem. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Fiddelman, seconded by Commissioner Katz, 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: Sabrina Fiddelman Commissioner: Jeffery L. King 1. FIRE CLAIMS On motion of Commissioner Fiddelman, seconded by Commissioner Elkind Eney, it was 5 February 28, 2018 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. Storz hydrant adaptor to engine 51 280.00 Amazon Building Supplies, EXPO Wet Erase 74.34 FireCompanies.Com Quarterly dues 3/1/18 - 5/31/18 209.97 Goosetown Enterprises, Inc. USED CDM 1550 LS+ 210.33 Goosetown Enterprises, Inc. Speaker, Antenna, Charger, Programming of Radios, Pagers 1,430.32 Sound Shore Pest Control Exterminating Services on 1/23/18 65.00 Town of Mamaroneck PFFA Life Insur. for Career Staff of 12 for the Mo. of Feb. 2018, two pay periods 211.23 Town of Mam'k Fire Dept. LI Fire EMS Show 89.03 UniFirst Corporation Cleaning supplies for building 2/2, 2/9, 2/16/18 230.42 Villa Maria Pizza February 2018 Department Drill 96.02 Villa Maria Pizza Explorer New Member Drill 2/7/18 100.29 Westech Elevator Services, Inc. Maintenance for the month of February 2018 175.00 WJWW 205 Weaver st Charges 12/24/17 - 1/25/18 79.27 Total: 3,251.22 The above resolution was put to a roll call vote: Commissioner King Aye Commissioner Fiddelman Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Seligson Aye There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization – Bonding Resolutions BOND RESOLUTION DATED FEBRUARY 28, 2018. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE CONSTRUCTION OF IMPROVEMENTS TO TOWN CENTER BUILDING, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $835,000 AND AUTHORIZING THE ISSUANCE OF $785,000 SERIAL BONDS OF SAID TOWN TO PAY PART OF THE COST THEREOF. ON MOTION OF COUNCILWOMAN ELKIND ENEY, SECONDED BY COUNCILWOMAN FIDDELMAN, THE FOLLOWING WAS APPROVED, WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, 6 February 28, 2018 BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The construction of improvements to the Town Center Building, in and for the Town of Mamaroneck, Westchester County, New York, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $835,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is as follows: a) by the issuance of $785,000 serial bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law, and b) by the expenditure of $50,000 other monies hereby appropriated therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: The resolution was thereupon declared duly adopted. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7 February 28, 2018 BOND RESOLUTION DATED FEBRUARY 28, 2018. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $335,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF VEHICLES AND EQUIPMENT FOR THE HIGHWAY DEPARTMENT, FOR SAID TOWN. On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the following was approved, WHEREAS, acquisition of the capital items hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize the financing of such capital items; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of vehicles and equipment for the Highway Department, each item of which is $30,000 or more, a class of objects or purposes, in and for the Town of Mamaroneck, Westchester County, New York, is hereby authorized at a maximum estimated cost of $298,000, and the purchase of such vehicles and equipment, each item of which costs over $15,000 and less than $30,000, a class of objects or purposes, is hereby authorized at a maximum estimated cost of $37,000, each including incidental equipment and expenses in connection therewith. Section 2. It is hereby determined that the plan for the financing of said class of objects or purposes is by the issuance of the $335,000 of bonds of the Town hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law, allocated in accordance with the maximum estimated cost of each class of objects or purposes ($298,000 and $37,000). Section 3. It is hereby determined that the period of probable usefulness of the aforesaid classes of objects or purposes is fifteen years as to objects or purposes with maximum estimated cost of $298,000, and 10 years as to objects or purposes with maximum estimated cost of $37,000, each 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 bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. 8 February 28, 2018 Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye The resolution was thereupon declared duly adopted. BOND RESOLUTION DATED FEBRUARY 28, 2018. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $125,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION AND IMPROVEMENT OF PARKING LOT #3, IN AND FOR SAID TOWN. ON MOTION OF COUNCILWOMAN FIDDELMAN, SECONDED BY COUNCILWOMAN KATZ, THE FOLLOWING WAS APPROVED, WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The reconstruction and improvement of parking lot #3, in and for the Town of Mamaroneck, Westchester County, New York, including incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $125,000. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $125,000 of bonds of the Town hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 20(f) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest 9 February 28, 2018 payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye The resolution was thereupon declared duly adopted. 2. Authorization – County and Town of Mamaroneck Tax Warrant On motion of Commissioner Elkind Eney, seconded by Commissioner Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby adopt the revised 2018 Westchester County and Town of Mamaroneck Property Tax Warrant as detailed below by the Town Comptroller, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute the Warrant. *REVISED TAX WARRANT STATE OF NEW YORK \] COUNTY OF WESTCHESTER \] SS: TOWN OF MAMARONECK \] THE PEOPLE OF THE STATE OF NEW YORK To Anthony S. Siligato, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted February 28, 2018, by authority of Chapter 313 of Laws of 1934, to receive and collect from the several persons named in the Assessment Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, for the neglect to pay the Judicial, County, Town and Town District Taxes, re-levies, charges for services, exemptions removed, and water arrears after the levy thereof as follows: 10 February 28, 2018 Judicial and County Taxes - $42,893,124.00 * Town and Town District Taxes - $25,646,039.00 ** Town Relevy - - 0 - Charges for Services - - 0 - Exemptions removed - - 0 - Water arrears - $61,672.94 ** - $68,600,835.94 * 2018 County Tax Warrant adopted Feb. 1, 2018. ** 2018 Town, Town District & Water Arrears Tax Warrant originally adopted Dec. 24, 2017. And you are hereby directed to deposit to the credit of the Town of Mamaroneck into the JP Morgan Chase Bank, all of such monies so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck, as required by the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck, Westchester County, New York, on the 28th day of February 2018. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Authorization – Amended Maximum Income Eligibility – Senior Citizen Rent Increase Exemption Program On motion of Councilman King, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, in 2015 the Town of Mamaroneck raised the maximum income for eligibility in the Senior Citizen Rent Increase Exemption Program (SCRIE) from $16,500 to $29,000, and WHEREAS, the State is requesting that the Town again increase its maximum income for eligibility. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby raise the maximum income eligibility for the SCRIE program from $29,000 to $35,000. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 11 February 28, 2018 4. Approval – Larchmont Library Budget 2018/2019 On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the 2018/2019 Larchmont Library Budget, with the removal of $30,000 for the stairwell renovation project. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Authorization – Renewal Southeast Consortium Agreement On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the renewal agreement for the year 2018 between the Town of Mamaroneck and South East Consortium to provide special recreational programming for residents with various developmental disabilities and special needs. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Authorization – Extension of Maintenance Contract – Hommocks Pool & Hommocks Fields On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the extension of Contract TA-16-01 Grass Maintenance Hommocks Pool and Fields with Acocella Landscaping Inc., for grass maintenance at the Hommocks Fields and the Hommocks Pool complex for the year 2018. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7. 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: 12 February 28, 2018 Heathcote Manor Owners Corp. 412 Munro Avenue Section/Block/Lot: 9-15-282 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2014 $5,060,000 $1,230,000 $3,830,000 2015 $5,060,000 $1,160,000 $3,900,000 2016 $5,060,000 $1,110,000 $3,950,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Centro Watt 1262 Boston Post Road Section/Block/Lot: 4-7-192 Town of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2011 $ 95.000 $ 9,500 $ 85,500 2012 $ 95,000 $ 9,500 $ 85,500 2013 $3,780,000 $ -0- $3,780,000 2014 $3,780,000 $ -0- $3,780,000 2015 $3,780,000 $ -0- $3,780,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye APPROVAL OF MINUTES – February 7, 2018 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 meeting of February 7, 2018. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. 13 February 28, 2018 ADJOURNMENT The meeting was closed in memory of Evans Simpson. Evans was a vital and lively member of our community and a wonderful and charming person. Evans also served for many years as a Member of Town’s Zoning Board of Appeals. He will be greatly missed. Our deepest sympathy goes out to his family. On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the meeting was unanimously adjourned at 9:20 PM ________________________________ Submitted by Christina Battalia, Town Clerk 14