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HomeMy WebLinkAbout2019_07_24 Town Board Minutes July 24, 2019 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JULY 24, 2019, 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, Deputy Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION Additionally Present: Lindsay Luft Administrative Assistant On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Work Session was unanimously opened at 5:00PM. Committee for the Remembrance of Enslaved Person Additionally present: Judy Silberstein and John Pritts, Co-Presidents of the Mamaroneck Historical Society, Joanne Shaw Mamaroneck Library Trustee, Sharon Mosley Latimer of LMCTV and the Human Rights Committee, Ned Benton documenter of the NYS Slave Registry, and Lynn Crowley Larchmont Historical Society Director and Town of Mamaroneck Historian The group presented to the Town as a “group of local residents who have become aware of our community’s foundational ties to the institution of slavery. We are seeking the support of the Mamaroneck Town Board to pursue appropriate ways to memorialize the contribution of enslaved persons to the development of our Town.” The group distributed detailed information about slaveholders and slaves in the Mamaroneck Township, with each presenter speaking about their particular contribution to this cause. The group and the Town Board determined that the best next step would a presentation to the larger community during an upcoming Town Board meeting. Supervisor Seligson will coordinate dates with Judy Silberstein. Ms. Silberstein asked the Town Board to consider assigning a liaison to their committee. OUT OF ORDER Commuter Parking Law Supervisor Seligson noted that her office has received comments, noting that most if not all are favorable. Supervisor Seligson will send out a mailing to the streets being effected, as well as a robo call. Councilwoman Katz still has questions about how this will be rolled out and enforced. Councilwoman Katz would also like to see a cost estimate for signage. Mr. Altieri will provide the cost estimate as well as determining the required distance needed between signs. Councilman King stated that consideration should be made to transition streets that have limited time regulations, to regulations such as this, which limits a specific time, adding that this will be easier to enforce throughout the Town. Although not likely to be awarded, the Town Board stated their desire to apply for a residential parking district through New York State Home Rule legislation. Supervisor Seligson introduced the Town’s interns, Adriana Alvarato and Lily Shein, who are present this evening. 1 July 24, 2019 Discussion - Community Solar Project Additionally present: Frank Owen of the Sustainability Collaborative Mr. Owen gave an update on the project stating that there are 4 areas to review, 1) working with Sunlight General as project developer 2) project scope 3) economics 4) issues. Sunlight General will work to develop the project, bringing in capital financing, and working with Sustainable Westchester on marketing and administration. The project will provide 580,000 kilowatts over 1 year to 80 homes or 160 apartments. The Town will receive $30,000 a year in rent for use of the Hommocks Ice Rink roof. The participators will receive a 10% credit on their utility bills. A minimum of 50% of the participants must be of low or moderate income households. Currently the 10% credit cannot be put directly onto the Co Edison bills, therefore, a separate bill will be received, with a credit appearing on the Con Edison invoice. The five page agreement is also a hindrance. Currently the agreement with the developer has no built in incentive to reach and maintain the 50 % low and moderate households; something Mr. Owen is hoping to get resolved this week. There is still the issue that Mr. Maker has brought up - the termination penalty should the Town terminate the agreement. Another outstanding issue to resolve is whether the Town’s insurance company is comfortable with the agreement and will provide coverage. Mr. Maker noted as a reminder, that this is a benefit to low and moderate residents and not to the Town. Mr. Owen also noted as a reminder, that the higher the incentive (payback to residents) the less payment to the Town. Councilman King asked if an analysis of the life of the Ice Rink roof has been done, and Mr. Altieri responded that as part of the process the roof would be inspected. Mr. Altieri stated that the agreement will be reviewed over the next few weeks, in advance of the August meeting. 2019 Serial Bond Sale Additionally Present: Tracy Yogman Town Comptroller The Town Board reviewed a memo from the Town Comptroller dated July 24, 2019. Ms. Yogman and Mr. Altieri have been reviewing capital projects to be financed through the issuance of bonds. The Town Board was provided with a schedule detailing “each of the 2019 approved projects, the authorized bond issues, the amount the Town plans to finance in 2019 and the additional information on the project financing plan.” On the regular agenda for this evening are additional bond resolutions for the E Hickory Grove sidewalk project and improvements to roads and sidewalks. Reusable Bag Law It was noted that the draft law needs to be amended to reflect the agreed upon amount of bag charge of $0.05 not $0.10 per bag. The Town Board asked for clarification of what will happen to the Town law once the State law goes into effect in March of 2020. Mr. Maker clarified that the State Law already has a stipulation that all local laws are superseded by the State Law. The timing for implementation would be a public hearing in August, carried over till September, a three month period before implementation to give commercial businesses time to use up any bag stock they might have, with a December 1, 2019 effective date. Update Electric Vehicle (EV) Charging Stations The EV charging stations are currently being installed. At the Town Center the disabled space will need to relocated. The charging station at the Hommocks Ice Rink will be installed after the summer camp ends. ADDED ITEM Mr. Altieri stated that the Winged Foot Golf Club has agreed to a two year payout of their Certiorari settlement. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Board unanimously agreed to enter into an Executive Session to discuss resumes with respect to appointments to Boards and Commissions. EXECUTIVE SESSION Resume review - appointments to Boards and Commissions. 2 2 July 24, 2019 On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Board unanimously agreed to resume the Regular Meeting. NEW BUSINESS Supervisor Seligson noted she attended a meeting at the County on behalf of the Westchester Joint Water Works. The meeting involved an update to the filtration plant, as well as notification to the County of elevated levels of byproducts in the water, specifically haloacetic acid. There continues to be discussion of the County airport as a potential site for the filtration plant. One area in particular that was targeted is now off the table due to a State wetland on the site. There is, however, another site at the airport which appears to be even more favorable, but requires FAA approval. Councilwoman Katz reported on her attendance at the recent LMCTV Board of Control meeting. Of note was the recent FCC ruling explained via email to the Board of Control. Supervisor Seligson noted that a better explanation of this ruling by the FCC should have been done. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:10 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 welcome to attend. SUPERVISOR’S SUMMARY REPORT Happy summer to all. Summer programs in the Town are in full swing. The camps and recreation programs including Monday night concerts in the Park in Memorial Park are all going well with a few blips due to weather. We did experience sudden and severe flooding in the Town on Monday evening with the downpour of 2.58 inches in 3 hours. In fact, in the first hour the rain was falling at a rate of 1.5 inches an hour. Thankfully, it all subsided quickly and no one was injured. In fact, we had fewer areas flooded than previous occasions due to improved flood control of the Larchmont reservoir and Duck Pond and up to date maintenance of the storm drain system. Unfortunately, we did have to cancel the concert for that night and it has been rescheduled for th Monday, August 5. The Town, along with the Villages of Mamaroneck and Larchmont as well as the Mamaroneck School District, joined together to apply for a NYS grant to educate the community on how to reduce wasted food. The Town is the lead agency. We received the good news that the grant was awarded for $127,000 to be spent over 3 years. The volunteer grant and program committee has created a work plan for public education and outreach. Many of the components of the program will address students in Hommocks Middle School. The general public will also see education materials. st Please remember that gasoline-powered leaf blowers are prohibited in the Town from June 1 to th September 30. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not. 3 July 24, 2019 BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Councilman King, 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 Elkind Eney, seconded by Commissioner King, 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. Hydrotest, refill Scott Air cylinders $270.00 Amazon.Com Supplies 193.06 Repl circuit board on 2nd fl furnace, blower motor, wheel & capacitor for Atlantic Westchester furnace 2,156.96 Brown & Brown of NY Inc. Adding new 2019 Seagrave fire apparatus to insurance policy 1,502.00 Broderick, Thomas Supplies - Roof shingles 134.38 Cablevision Cable services for 6/23/19 - 7/22/19 197.65 Chatsworth Cleaners Uniform cleaning May & June 2019 91.64 FireCompanies.Com Platinum Package - website hosting & maintenance 5/1/19 209.97 Fire-End & Croker Corp. Fire Hero Extreme 7M boots 372.68 Galls, LLC Uniforms- tactical pants/shorts 168.83 Grainger Floor cleaner 14.70 Home Depot Supplies to move ice machine 249.55 Inter-State Diagnostic, Inc. Hepatitis Vaccines 320.00 KVI Uniforms & Equipment, Inc Tees, turtlenecks, fleece pants, jackets 988.00 KVI Uniforms & Equipment, Inc Pants and shorts 491.90 Liftoff, LLC Exchange Online Plan2 - 7/1/19 - 6/30/20 2,520.00 Mars International Freight Service - Xerox Copier 195.00 Minerva Cleaners Bunker coat - liner inspection & repairs 77.00 New England Uniform Dress uniforms 810.00 Ready Refresh Water cooler rental 5/19/19-6/18/19 122.96 Seagrave Fire Apparatus LLC. Rental of Seagrave Loaner Ladder - May 2019 7,500.00 The Flower Bar Wreath for VFW ceremony 162.00 Tony's Nursery Inc. 2 Hanging Baskets - Memorial Service 42.93 Town of Mam'k Fire Dept. Food for 2231 KME E36 trip inspection (Russo, Collins, Pinto) 32.34 Town of Mam'k Fire Dept. Gas for 2231 KME E36 trip inspection (Russo, Collins, Pinto) 40.57 Town of Mam'k Fire Dept. Food for Officers meeting 7/8/19 217.47 Town of Mam'k Fire Dept. Ems Self Defense Course- Brady & Napolitano 100.00 UniFirst Corporation Cleaning Supplies 6/14, 6/21, 6/28, 7/5, 7/12/19 480.54 Verizon Fire HQ Svc 7/10/19 - 8/9/19 261.50 Verizon TMFD 300M Fios Redundant Circuit 6/25/19 271.06 Villa Maria Pizza Food for Fast Drill 6/26/19, Engine & Truck Ops - Dept Drill 6/18/19 215.03 Westech Elevator Services, Inc. Maintenance for month of July 2019 175.00 WJWW Water Charges- 205 Weaver St- 5/26/19-6/25/19- Sprinkler system 33.05 Water Charges- 205 Weaver St- 5/23/19-6/25/19-Water service for WJWW building 152.13 Total $20,769.90 4 July 24, 2019 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 Fiddelman, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Re-appointment – Town Assessor On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby re-appoint Pamela Valenza as Town Assessor for a new term beginning October 1, 2019 and ending September 30, 2025. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Authorization - Westchester Joint Water Works Agreement – Rye Lake Section On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Intermunicipal Agreement between the Town of Mamaroneck and the Westchester Joint Water Works in connection with a grant application to the New York State Environmental Facilities Corporation for funding for the Rye Lake Ultraviolet Filtration Plant. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Authorization - Intermunicipal Agreement Village of Scarsdale – Board of Assessment Review On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Intermunicipal Agreement between the Town of Mamaroneck and the Village of Scarsdale for the Town to hear a property grievances applications filed by Village of Scarsdale Board Members, and BE IT, FURTHER 5 July 24, 2019 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: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. Set P ublic Hearing – Commuter Parking Law On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Parking Prohibited on Certain Sides of Certain Streets at Certain Times” Law, for July 24, 2019 at 8:00PM at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. 5. Report of Bids – Contract TA-19-08 Road Resurfacing On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was approved WHEREAS, on June 27, 2019 the Town publically opened and read three (3) bids for Contract TA-19-08 Resurfacing of Various Roads. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-1908 Resurfacing of Various Roads to the lowest responsible bidder meeting all of the Town’s requirements, to ELQ Industries to provide road resurfacing services at a total cost of $1,248,872.00, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Authorization - Acceptance of a Donation and Budget Amendment On motion of Councilwoman Elkind Eney, seconded Councilman King, it was 6 BUDGET AMENDMENT BUDGET AMENDMENT Item # WATER DISTRICT (FUND SW): GENERALTOWN WIDE FUND (FUND B): 1$ 92,734.00 SW.9900.9950Transfer to Capital ProjectsIncrease Exp $ 92,734.00 SW.0000.5995Appropriated Fund BalanceIncrease Rev$ 1,660.00 B.0000.2705Gifts & DonationsIncrease Rev $ 1,660.00 B.8095.4010Sustainability- Operating SuppliesIncrease Exp CAPITAL (FUND H): 2H.8340.0400.2016.12Capital Water Imrpovement ProjectsIncrease $ 16,294.00 Exp H.8340.0400.1342.12Purchase St Pressure RegulatorIncrease $ 76,440.00 Exp July 24, 2019 RevH.0000.5038.2016.12Transfer from Water DistrictIncrease $ 16,294.00 RevH.0000.5038.1342.12Transfer from Water DistrictIncrease $ 76,440.00 RESOLVED, that the Mamaroneck Town Board does hereby accept the donation from Svetlana Wasserman in the amount of $1,660,00, for the purchase of custom reusable tote bags, to be used for distribution to Town residents, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve the budget amendment to reflect the increase in the budget for the contribution and purchase of the tote bags as follows: The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7. Authorization – Amendment to Water District Capital Projects On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the following budget amendment to reflect the increases in the Capital Project Budget for the Water District Improvements as detailed by the Town Comptroller as follows: The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 8. Authorization – Bond Resolutions and Budget Amendments – E. Hickory Grove Sidewalk and Road Resurfacing Projects On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the budget amendments to reflect the increases in the capital projects as detailed by the Town Comptroller as follows: 7 BUDGET AMENDMENT CAPITAL (FUND H): Item #TypeBudget CodeDescriptionAmount 1$ 40,000.00 H.0000.5710.2019.64Bond ProceedsIncrease Rev $ 40,000.00 H.5110.0400.2019.64Sidewalk extension- E. Hickory GroveIncrease Rev 2$ 300,000.00 H.0000.5710.2019.04Bond ProceedsIncrease Rev July 24, 2019 $ 86,000.00 H.0000.5033.2019.04Transfer from HighwayIncrease Rev $ 310,915.00 H.0000.5033.2019.04Other Revenue- Con Edison ContributionIncrease Rev Roads,Sidewalks & Curbs Increase $ 696,915.00 H.5110.0400.2019.04 Exp HIGHWAY (FUND DB) 3$ 86,000.00 DB.0000.5995Appropriated Fund BalanceIncrease Rev $ 86,000.00 DB.9900.9950Sidewalk extension- E. Hickory GroveIncrease Rev 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 Katz, seconded by Councilman King, the following Bond Resolution was approved BOND RESOLUTION DATED JULY 24, 2019. A RESOLUTION SUPPLEMENTING THE BOND RESOLUTION DATED FEBRUARY 20, 2019, TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $40,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY A PORTION OF THE COST OF THE RECONSTRUCTION OF EAST HICKORY GROVE DRIVE SIDEWALKS, IN AND FOR SAID TOWN. 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 any significant adverse impact on the environment; and WHEREAS, by a bond resolution dated February 20, 2019, the Town Board of the Town of Mamaroneck, Westchester County, New York, authorized the issuance of $186,300 serial bonds of said Town to pay the cost of the reconstruction of sidewalks on East Hickory Grove Drive, including incidental improvements and expenses in connection therewith, in and for said Town; and WHEREAS, it has now been determined to authorize additional financing for said 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 of sidewalks on East Hickory Grove Drive, including incidental improvements and expenses in connection therewith, in and for said Town of Mamaroneck, Westchester County, New York, is hereby authorized at a revised maximum estimated cost of $226,300. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is as follows: a) by the issuance of the $186,300 bonds of said Town authorized to be issued pursuant to the aforesaid bond resolution dated and duly adopted on February 20, 2019; and b) by the issuance of an additional $40,000 bonds of said Town hereby authorized to be issued therefor, pursuant to the provisions of the Local Finance Law, SUBJECT TO PERMISSIVE REFERENDUM. 8 July 24, 2019 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 24 of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations therefor, pursuant to the bond resolution dated and duly adopted on February 20, 2019. 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 in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the 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. 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 above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye On motion of Councilman King, seconded by Councilwoman Elkind Eney, the following bond resolution was approved BOND RESOLUTION DATED JULY 24, 2019. A RESOLUTION SUPPLEMENTING THE BOND RESOLUTION DATED FEBRUARY 20, 2019, TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $300,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY A PORTION OF THE COST OF THE RECONSTRUCTION OF VARIOUS ROADS THROUGHOUT AND IN AND FOR SAID TOWN, AT A REVISED MAXIMUM ESTIMATED COST OF $1,265,000. 9 July 24, 2019 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 any significant adverse impact on the environment; and WHEREAS, by a bond resolution dated February 20, 2019, the Town Board of the Town of Mamaroneck, Westchester County, New York, authorized the issuance of $483,000 serial bonds of said Town to pay part of the cost of the reconstruction of various roads, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as other incidental improvements and expenses in connection therewith, throughout and in and for said Town; and WHEREAS, it has now been determined to authorize additional financing for said 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 of various roads, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as other incidental improvements and expenses in connection therewith, in and for said Town of Mamaroneck, Westchester County, New York, is hereby authorized at a revised maximum estimated cost of $1,265,000. Section 2. It is hereby determined that the plan for the financing of said class of objects or purposes is as follows: a) by the issuance of the $483,000 bonds of said Town authorized to be issued pursuant to the aforesaid bond resolution dated and duly adopted on February 20, 2019; b) by the expenditure of $85,000 current funds authorized to be expended pursuant to said bond resolution dated and duly authorized February 20, 2019; c) by the expenditure of $86,000 current funds hereby appropriated therefor; d) by the expenditure of $311,000 from reimbursement funds to be provided by Consolidated Edison hereby appropriated therefor; and e) by the issuance of an additional $300,000 bonds of said Town hereby authorized to be issued therefor, pursuant to the provisions of the Local Finance Law, SUBJECT TO PERMISSIVE REFERENDUM. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations therefor, pursuant to the bond resolution dated and duly adopted on February 20, 2019. 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 in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the 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. 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 10 July 24, 2019 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 above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 9. Authorization – Amendment – New York State Snow and Ice Control Agreements On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved; WHEREAS, the Town of Mamaroneck conducts snow and ice control on both the Boston Post Road and Weaver Street which are roadways owned by the State of New York, and WHEREAS, in consideration of the Town’s snow and ice control activity, the State reimburses the Town. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the Amendment to Change the Estimated Expenditure for Snow and Ice Agreement for 2018/2019, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to sign said amended agreement on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 10. Resolution – Environmental Facilities Corp. Grant – Green Infrastructure On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the resolution for the Environmental Facilities Corp. Grant – Green Infrastructure, subject to wording in the State program. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 11 July 24, 2019 11. Salary Authorization – Town Police Department On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Lieutenant James Maher to the position of Executive Lieutenant, with an added stipend to his base salary in the amount of $3,000.00, effective July 29, 2019. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 12. Consideration of Certiorari On motion of Councilwoman Fiddelman, 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: ACHD Realty, Inc. 601-615 Mamaroneck Avenue Section/Block/Lot: 8-22-236 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduction Resulting Assessment 2013 $2,000,000 $775,000 $1,225,000 2014 $2,000,000 $715,000 $1,285,000 2015 $2,000,000 $650,000 $1,350,000 2016 $2,000,000 $570,000 $1,430,000 2017 $2,000,000 $525,000 $1,475,000 2018 $2,000,000 $420,000 $1,580,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 13. Set Public Hearing – Mamaroneck Bag Waste Reduction Law On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Mamaroneck Bag Waste Reduction” Law, for August 21, 2019 at 8:00PM at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. 12 July 24, 2019 APPROVAL OF MINUTES On motion of Councilman King, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of May 21, 2019 and June 5, 2019. 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 Elkind Eney, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned at 9:00 PM ________________________________ Submitted by Christina Battalia, Town Clerk 13