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HomeMy WebLinkAbout2020_06_03 Town Board Minutes June 3, 2020 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD JUNE 3, 2020 BEGINNING AT 6:00 PM. PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDER NO. 202.1, SUSPENSION OF LAW ALLOWING THE ATTENDANCE OF MEETINGS TELEPHONICALLY OR OTHER SIMILAR SERVICE: Article 7 of the Public Officers Law, to the extent necessary to permit any public body to meet and take such actions authorized by the law without permitting in public in-person access to meetings and authorizing such meetings to be held remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding and that such meetings are recorded and later transcribed; 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 Elkind Eney, the Work Session was unanimously opened at 5:00 p.m. Amendment to Peddling and Soliciting Law The Town Board reviewed three draft versions of amendments to the current law based on previous discussions and recommendations from the Town Attorney. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Board entered into a closed session to receive advice of Counsel. Advice of Counsel Peddling and Soliciting On motion of Councilwoman Elkind Eney, seconded by Councilman King, the worksession resumed. The Town Board would like to move to set a public hearing this evening on an amendment to the law, which will include amending the times, the fees and to include a do not disturb registry that will require a sign on the property. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Board entered into a closed session to receive advice of Counsel. Advice of Counsel Peddling and Soliciting On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the worksession resumed. 1 June 3, 2020 Discussion - Comprehensive Plan The Town Board received an updated plan schedule prepared by the Town’s consultant, AKRF. The Town Board continued their discussion of whether to begin the Comprehensive Plan outreach phase at this time. There are differences of opinion, but all agreed to invite representatives from AKRF, and the Chair of the Steering Committee, Melissa Kaplan-Macey, to the June 17 worksession for a discussion. ADDED ITEMS Above Ground Pools A number of residents have asked to install above ground pools during the summer. The Town Board is sympathetic to residents’ needs as many public and private pools will be closed or limited during the summer. The Town Board agreed to waive the setback requirements until September 1, at which time if the pool remains and is non-conforming, the resident will need to go before the Zoning Board of Appeals. Additionally, any current requirements for a pool specifically, with respect to safety, would remain in effect. It was noted that Supervisor Seligson has the authority to make this suspension as part of her authority under the State of Emergency. Community Gathering for George Floyd Due to the current regional and national events taking place, residents feel the need to do something within our community. During this corona virus epidemic, it seems unwise for a march. A gathering of the community is being planned for June 10 from 5:00 pm to 6:00 pm at Harbor Island. Councilman King spoke passionately about not letting this moment pass. It is a time to do something more to address systemic racism in our community, adding that we have a disproportionate number of persons of color within our community. We need to reach out to CURE and announce the creation of a task force to address this within our community. Update – Coronavirus Supervisor Seligson stated that the Governor has announced that camps will be allowed to open, but unfortunately without any guidance. Without clear guidelines, the Town, along with all municipalities in Westchester, will not open camps this summer. Our Recreation Department is working hard to develop acceptable alternatives to provide some relief to our families. Supervisor Seligson gave some examples of the types of programs as well as how the pool may operate this summer. Grievance Day will remain in effect with proper social distancing protocols in place. The Court System will most likely remain closed until August. The Traffic Committee will review the 15-minute parking along Myrtle Blvd, and have a recommendation for the Town Board. A number of businesses are putting in applications for outdoor dining; one in particular is the Nautilus Diner. New Business A parade of vehicles will be taking pace to honor our 2020 high school graduates. The Long Island Sound Futures Fund Grant has been submitted, and the Town is thankful to Barton and Loguidice for their pro bono assistance. Supervisor Seligson’s newsletter will go out by mail this month, if anyone has anything to add, please let her office know. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 7:30 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at six o’clock this evening. 2 June 3, 2020 SUPERVISOR’S SUMMARY REPORT It has been a difficult time in our country. If the Coronavirus pandemic wasn’t enough, the nation and our region is now convulsed with facing the reality of racial problems in our society. One man’s death is a tragedy, but the root of the problems can be found in the systems that perpetuate the inequalities. As the country hears more and more of what it’s like to be a person of color in America, I know we stand together wanting our community to include and be respectful of everyone regardless of skin color, race, gender, sexual identity, age and immigration status. I’m proud that the Town of Mamaroneck Police Department operates with these same standards and is trained and educated to continue them. Many people have expressed interest in having an event in our community to honor the protests and demonstrations for racial equality. I’m pleased to report that I’ve been working with the Town Board members and the mayors from the Village of Mamaroneck and Larchmont to plan an event for next th Wednesday, June 10 at 5:00 pm in Harbor Island Park. It will be a Community Gathering for Racial Justice and Equality in memory of George Floyd. We will have a few clergy members speak and the three chief elected officials. There is a special event this week to honor the MHS graduates of the Class of 2020. There will be vehicle th parades from 8:00 am to 3:30 pm tomorrow, Thursday, June 4. The cars will start from Harbor Island Park and will take routes to their respective elementary schools. Please feel free to cheer them on from your th homes. Mayor Walsh, Mayor Murphy and I have proclaimed Thursday, June 4, Mamaroneck high School Class of 2020 Day! The Town Recreation Day Camps are cancelled for this summer due to the challenges of meeting Covid 19 protocols and keeping children safe. I am hopeful that the Town will be able to offer alternative recreational programs and open the Hommocks Pool in July with restrictions. We will be submitting a plan to the County Health department for review. Stay tuned. The Town submitted a grant application yesterday for $150,000 to develop an Asset Management Program. We are proceeding through Phase 1 of the reopening, and hope to be in phase 2 soon. Please remember to wear a mask in public if you are within 6 feet of another person. We need to prevent any increases in Coronavirus cases. CITIZEN’S COMMENTS Supervisor Seligson asked Lyndsey Luft, who is monitoring public comments this evening, if she has received any public comment, and she has not. PUBLIC HEARING (S) – Four (4) District Bonds On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the public hearing was unanimously opened; NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet \[have a virtual meeting\] in the Town Hall, 740 West Boston Post Road, in Mamaroneck, New York, on June 3, 2020, at 7:30 o’clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon an estimate of cost, in relation to the proposed increase and improvement of the facilities of Town of Mamaroneck Ambulance District, in said Town, being the reconstruction and improvements to the heating, ventilation and air conditioning at the Larchmont/Mamaroneck Ambulance Corp. building, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $114,500. Said capital project 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 (“SEQRA”), the implementation of which as proposed, said regulations provide will not result in any significant environmental adverse effects. Public participation at the virtual public hearing will be as follows: viewing via https://lmctv.org/live-meetings-on-lmctv/ and email comments may be directed to the Town Board at: publicqc@townofmamaroneckNY.org. At said public hearing said Town Board will hear all persons interested in the subject matter thereof at the maximum estimated cost of $114,500. 3 June 3, 2020 Dated: Mamaroneck, New York, Friday, May 29, 2020. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the public hearing was unanimously closed On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following was approved; PUBLIC INTEREST ORDER In the Matter of The Increase and Improvement of the Facilities of Town of Mamaroneck Ambulance District, 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 the Ambulance District, in the Town of Mamaroneck, Westchester County, New York, being the reconstruction and improvements to the heating, ventilation and air conditioning at the Larchmont/Mamaroneck Ambulance Corp. building, including incidental improvements and expenses in connection therewith, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $114,500 and WHEREAS, at a meeting of said Town Board duly called and held on May 20, 2020, 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 the Ambulance District in said Town at a maximum estimated cost of $114,500, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on June 3, 2020, at 7:30 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 the Ambulance District, in the Town of Mamaroneck, Westchester County, New York, consisting of the reconstruction and improvements to the heating, ventilation and air conditioning at the Larchmont/Mamaroneck Ambulance Corp. building, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $114,500. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye 4 June 3, 2020 On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved; BOND RESOLUTION DATED JUNE 3, 2020. A RESOLUTION AUTHORIZING THE ISSUANCE OF $114,500 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE AMBULANCE DISTRICT, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of the Ambulance District, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $114,500; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as such, will not have any significant adverse effect on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the Ambulance District, in the Town of Mamaroneck, Westchester County, New York, consisting of reconstruction and improvements to the heating, ventilation and air conditioning at the Larchmont/Mamaroneck Ambulance Corp. building, including incidental improvements and expenses in connection therewith, in the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued $114,500 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $114,500, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $114,500 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years pursuant to subdivision 13 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 Ambulance District as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal 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 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 Health 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 specific object or purpose described in Section 1 hereof, or a portion thereof, 5 June 3, 2020 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: Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the public hearing was unanimously opened; NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet \[have a virtual meeting\] in the Town Hall, in Mamaroneck, New York, in said Town, on June 3, 2020, at 7:30 o’clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the proposed increase and improvement of the facilities of the Garbage District No. 1, in said Town, being the purchase of a new refuse collection vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $160,000. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. Public participation at the virtual public hearing will be as follows: viewing via https://lmctv.org/live-meetings-on-lmctv/ and email comments may be directed to the Town Board at: publicqc@townofmamaroneckNY.org. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, Friday, May 29, 2020. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the public hearing was unanimously closed; 6 June 3, 2020 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following was approved; In the Matter of The Increase and Improvement of the Facilities PUBLIC INTEREST ORDER of the Garbage 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 the Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the purchase of a new 20 yard refuse collection vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $160,000 and WHEREAS, at a meeting of said Town Board duly called and held on May 20, 2020, 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 the Garbage District No. 1 in said Town at a maximum estimated cost of $160,000, 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 3, 2020, at 7:30 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 the Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new 20 yard refuse collection vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $160,000. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved; BOND RESOLUTION DATED JUNE 3, 2020. A RESOLUTION AUTHORIZING THE ISSUANCE OF $160,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE GARBAGE DISTRICT NO. 1, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of the Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $160,000; 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 promulgated pursuant to the State Environmental Quality Review Act, which as such, will not have any significant adverse effect on the environment NOW, THEREFORE, BE IT 7 June 3, 2020 RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new 20 yard refuse collection vehicle, including incidental equipment and expenses in connection therewith, there are hereby authorized to be issued $160,000 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 specific object or purpose is $160,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $160,000 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 specific object or purpose is 15 years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Garbage District No. 1 as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, 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 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 Health 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 specific object or purpose 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. 8 June 3, 2020 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 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, the public hearing was unanimously opened; NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet \[have a virtual meeting\] in the Town Hall, in Mamaroneck, New York, in said Town, on June 3, 2020, at 7:30 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 Sewer District No. 1, in said Town, being the Town’s portion of the purchase of a sewer camera truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $84,350. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. Public participation at the virtual public hearing will be as follows: viewing via https://lmctv.org/live-meetings-on-lmctv/ and email comments may be directed to the Town Board at: publicqc@townofmamaroneckNY.org. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, Friday, May 29, 2020. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK /s/Christina Battalia Town Clerk 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 Fiddelman, the following approved; In the Matter PUBLIC INTEREST ORDER of The Increase and Improvement of the Facilities of the Sewer 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 the Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the Town’s portion of the purchase of a sewer camera truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $84,350 and WHEREAS, at a meeting of said Town Board duly called and held on May 20, 2020, 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 the Sewer District No. 1 in said Town at a maximum estimated cost of 9 June 3, 2020 $84,350, 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 3, 2020, at 7:30 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 the Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the Town’s portion of the purchase of a sewer camera truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $84,350. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following was approved; BOND RESOLUTION DATED JUNE 3, 2020. A RESOLUTION AUTHORIZING THE ISSUANCE OF $84,350 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE 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 the Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $84,350; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as such, will not have any significant adverse effect on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the Town’s portion of the purchase of a sewer camera truck, including incidental equipment and expenses in connection therewith, there are hereby authorized to be issued $84,350 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $84,350, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $84,350 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 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 10 June 3, 2020 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 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 Health 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 specific object or purpose 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: Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the public hearing was unanimously opened; 11 June 3, 2020 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet \[have a virtual meeting\] in the Town Hall, in Mamaroneck, New York, in said Town, on June 3, 2020, at 7:30 o’clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the proposed increase and improvement of the facilities of the Water District No. 1, in said Town, being: a) the rehabilitation of a 750,000 gallon elevated hydropillar water storage tank, consisting of the replacement of the ladder and climb systems, venting system upgrade and relocation and upgrade of tank lighting system with LED lights ($576,000), and 2) improvements to the Rye Lake Filtration Facility, consisting of the construction of a 30 MGD (expandable to 40 MGD) filtration plant ($1,152,000), at an aggregate maximum estimated cost of $1,728,000. It has been determined that said projects are Type II Actions under the regulations promulgated under the State Environmental Quality Review Act. Public participation at the virtual public hearing will be as follows: viewing via https://lmctv.org/live-meetings-on-lmctv/ and email comments may be directed to the Town Board at: publicqc@townofmamaroneckNY.org. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, Friday, May 29, 2020. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK _______________________________________ Christina Battalia Town Clerk On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the public hearing was unanimously closed; On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved; In the Matter PUBLIC INTEREST ORDER of The Increase and Improvement of the Facilities of the Water 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 the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the Town’s share of the cost of the following Westchester Joint Water Works projects: a) the rehabilitation of a 750,000 gallon elevated hydropillar water storage tank, consisting of the replacement of the ladder and climb systems, venting system upgrade and relocation and upgrade of tank lighting system with LED lights ($576,000), and 2) improvements to the Rye Lake Filtration Facility, consisting of the construction of a 30 MGD (expandable to 40 MGD) filtration plant ($1,152,000), in each case including incidental improvements, equipment and expenses in connection therewith, at an aggregate maximum estimated cost of $1,728,000 and WHEREAS, at a meeting of said Town Board duly called and held on May 20, 2020, 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 the Water District No. 1 in said Town at an aggregate maximum estimated cost of $1,728,000, 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 3, 2020, at 7:30 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: 12 June 3, 2020 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 the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the Town’s share of the cost of the following Westchester Joint Water Works projects: a) the rehabilitation of a 750,000 gallon elevated hydropillar water storage tank, consisting of the replacement of the ladder and climb systems, venting system upgrade and relocation and upgrade of tank lighting system with LED lights ($576,000), and 2) improvements to the Rye Lake Filtration Facility, consisting of the construction of a 30 MGD (expandable to 40 MGD) filtration plant ($1,152,000), in each case including incidental improvements, equipment and expenses in connection therewith, at an aggregate maximum estimated cost of $1,728,000. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following was approved; BOND RESOLUTION DATED JUNE 3, 2020. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,728,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE WATER 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 the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, at an aggregate maximum estimated cost of $1,728,000; 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 promulgated pursuant to the State Environmental Quality Review Act, which as such, will not have any significant adverse effect on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the Town’s share of the cost of the following Westchester Joint Water Works projects: a) the rehabilitation of a 750,000 gallon elevated hydropillar water storage tank, consisting of the replacement of the ladder and climb systems, venting system upgrade and relocation and upgrade of tank lighting system with LED lights ($576,000), and 2) improvements to the Rye Lake Filtration Facility, consisting of the construction of a 30 MGD (expandable to 40 MGD) filtration plant ($1,152,000), in each case including incidental improvements, equipment and expenses in connection therewith, there are hereby authorized to be issued an aggregate $1,728,000 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 specific object or purpose is an aggregate $1,728,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $1,728,000 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 specific object or purpose is 40 years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Water 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. 13 June 3, 2020 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 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 Health 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 specific object or purpose 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: Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Commissioner King, the Board of Fire Commissioners was unanimously declared open. 14 June 3, 2020 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 Department Business Commissioner Elkind Eney read the Fire Report for the Month of May as submitted by Chief Russo as follows: May 2020 ALARM TYPE NUMBER Generals 32 Minors 13 Stills 2 Out of Town (Mutual Aid) 1 EMS 28 Drills 0 TOTAL 76 Total number of personnel responding: 439 Total time working: 17 hours and 24 minutes Commissioner Elkind Eney reported on the recent Fire Council meeting. The Chiefs are doing a very good job of keeping the volunteers engaged. Training is currently being conducted through virtual activities. The Birthday Brigade continues with much community support. The Fire Department held a very small Memorial Day ceremony, as required only ten people attended, at which she was asked to speak. Mr. Altieri added that the renovations to the Fire House continues as this work was classified as essential services. 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 – Capital Project Amendments On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the amendments to the capital projects, and their accompanying budget amendments, as detailed by the Town Comptroller in the following schedule: 15 2020 CAPITAL BUDGET AMENDMENTS Item #Amount CAPITAL FUND (FUND H): 2 2,010.92 H.8340.0400.1348.122018 Planned PavingDecrease Expense 2,010.92 H.9900.9980.1348.12Transfer to Debt ServiceIncrease Expense 4,021.16 H.0000.5038.1356.12Transfer from Water FundDecrease Revenue 137,720.47 H.8340.0400.1356.12Water InfrastructureDecrease Expense 133,699.31 H.9900.9980.1356.12Transfer to Debt ServiceIncrease Expense June 3, 2020 3 131,181.23 H.0000.5038.1360.12Transfer from Water FundIncrease Revenue 131,181.23 H.8840-0400.1360.12South Ridge RdIncrease Expense 4 1,850 H.0000.2797.2020.76Due from Local Govts- VOMIncrease Revenue 1,850 H.0000.5710.2020.76Serial Bonds- Sewer CameraIncrease Revenue 3,700 H.8120.0400.2020.76Sewer Camera VehicleIncrease Expense 5 151,000.00 H.0000.5710.2020.67Serial BondsDecrease Revenue 144,600.52 H.0000.5034.2020.67Transfers from FireIncrease Revenue 6,399.48 H.3410.0400.2020.67Communication equipmentDecrease Expense 6 45,000.00 H.0000.5710.2020.20Serial BondsDecrease Revenue 45,000.00 H.0000.5032.2020.20Transfers from Part TownIncrease Revenue 7 1,536,000 H.0000.5710.1352.12Serial BondsDecrease Revenue 1,536,000 H.8340.0400.1352.12Rye Lake Filtration System Decrease Expense 8 9,675 H.0000.5031.2020.52Transfers from General TownDecrease Revenue 9,675 H.0000.2705.2020.52Gifts & DonationsIncrease Revenue 16 2020 OPERATING FUNDS- CAPITAL PROJECT AMENDMENTS2020 CAPITAL BUDGET AMENDMENTS Item #9$ 993.36 WATER (FUND SW):H.9900.9909.2016.33Transfer to Ambulance DistrictIncrease Expense 2 $ 4,021.16 993.36 H.4189.0400.2016.33SW.9900.9950Ambulance EquipmentTransfer to CapitalDecreaseDecrease ExpenseExpense $ 5,719.924,021.16 H.9900.9909.2017.33SW.0000.5995Transfer to Ambulance DistrictAppropriated Fund BalanceIncreaseDecrease ExpenseIncome 5,719.92 H.4189.0400.2017.33Ambulance EquipmentDecrease Expense 3$ $ 131,181.23 1,390.00 H.9900.9909.2019.33SW.9900.9950Transfer to Ambulance DistrictTransfer to CapitalIncreaseIncrease ExpenseExpense 131,181.23 1,390.00 H.4189.0400.2019.33SW.0000.5995Ambulance EquipmentAppropriated Fund BalanceDecreaseIncrease ExpenseIncome June 3, 2020 Item #10$ 7,883.00 FIRE (FUND SF):H.9900.9980.2017.06Transfer to Debt Service FundIncrease Expense 5 $ 144,600.52 7,883.00 H.5110.0400.2017.06SF.9900.9950VehiclesTransfer to CapitalDecreaseIncrease ExpenseExpense 144,600.52 SF.0000.5995Appropriated Fund BalanceIncrease Income 11$ 50,000.00 H.0000.3097.2016.14State Grant Funds- NYSERDAIncrease Revenue Item # 50,000.00 PART TOWN (FUND B):H.1620.0400.2016.14Town Center ImprovsIncrease Expense 6$ 45,000 B.9900.9950Transfer to CapitalIncrease Expense 12 $ 8,000.00 45,000 H.9900.9901.2017.58B.0000.5995Transfer to General FundAppropriated Fund BalanceIncreaseIncrease ExpenseIncome 8,000.00 H.1621.0400.2017.58Senior Center Building ImprovsDecrease Expense 17 June 3, 2020 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Consideration of Certiorari 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: New Waverly Avenue Associates LLC 441 Waverly Avenue Section/Block/Lot: 8-25-278 501 Waverly Avenue Section/Block/Lot: 8-25-273 No street number Waverly Avenue Section/Block/Lot: 8-25-268.2 442 Waverly Avenue Section/Block/Lot: 8-25-33 All are in the Town of Mamaroneck and the Village of Mamaroneck On May 30, 2018, the Town Board approved a settlement of certiorari proceedings for the years 2011- 2016. The agreed upon value for the aggregate assessment of these four lots for 2016 was $1,554,650. The year 2017 was not part of the proposed settlement because the remediation and monitoring costs, expended in that year and the remaining costs for remediation, had not been totaled at the time of the settlement. The petitioner produced evidence of remediation and monitoring costs incurred in 2017 through 2019. Based upon the proof, the attorney for the School District and I (with input from the attorney for the Village of Mamaroneck) tentatively agreed to aggregate values starting at around the agreed-upon aggregate value in 2016 and increasing in the subsequent two years. Those values are: $1,540,000 for 2017 $1,565,000 for 2018 and $1,575,000 for 2019. Here is cost of the settlement if the Town Board were to approve it. Town Using a blended tax rate of $.47618 per thousand dollars of assessed value, I estimate that by agreeing to this settlement, the Town will refund about $690 in taxes. School: Using a blended tax rate of $13.4620 per thousand dollars of assessed value, I estimate that if the Town Board agrees to this settlement, the School District will refund approximately $19,400 in taxes. The School District has agreed to this settlement. Village of Mamaroneck: Using a blended tax rate of $6.6953 per thousand dollars of assessed value, I estimate that if the Town Board agrees to this settlement, the Village of Mamaroneck will refund approximately $9,650. 18 June 3, 2020 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: JJH Spadaro Partners 550 Palmer Section/Block/Lot: 9-9-340 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduction Resulting Assessment 2016 $2,990,000 $1,430,000 $1,560,000 2017 $2,990,000 $1,380,000 $1,610,000 2018 $2,990,000 $1,340,000 $1,650,000 2019 $2,990,000 $1,370,000 $1,620,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Set Public Hearing – Amendment to the Peddling and Soliciting Law On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on “Setting of Time Limits and Fees for Peddling and Soliciting, and Creating an Option for Residents to Prohibit Peddling and Soliciting” law, for June 17, 2020 at 7:30 p.m. 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. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. Re - Authorization of Bonding – Purchasing of a Dump Truck and Hommocks Ice Rink Improvements Mr. Altieri stated that the Journal News did not publish the required legal notice for these bonds, and therefore the Town Board must reauthorize the bond resolutions. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was 19 June 3, 2020 RESOLVED, that the Mamaroneck Town Board does hereby rescind the bond resolution for the additional $384,000.00 bonds for the construction of improvements to the Hommocks Ice Rink, adopted at the May 20, 2020 Town Board Meeting. 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, the following was approved; BOND RESOLUTION DATED JUNE 3, 2020. A RESOLUTION SUPPLEMENTING THE BOND RESOLUTION DATED FEBRUARY 20, 2020, TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $384,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY A PORTION OF THE COST OF THE CONSTRUCTION OF IMPROVEMENTS TO HOMMOCKS ICE RINK, IN AND FOR SAID TOWN, AT A REVISED MAXIMUM ESTIMATED COST OF $1,753,000. 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, 2020, the Town Board of the Town of Mamaroneck, Westchester County, New York, authorized the issuance of $1,238,000 serial bonds of said Town to pay part of the cost of the construction of improvements to Hommocks Ice Rink, including planning and design, and original furnishings, machinery, equipment, apparatus, appurtenances, and 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 construction of improvements to Hommocks Ice Rink, including planning and design, and original furnishings, machinery, equipment, apparatus, appurtenances, and 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 $1,753,000. 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 $1,238,000 bonds of said Town authorized to be issued pursuant to the aforesaid bond resolution dated and duly adopted on February 20, 2020; b) by the expenditure of $75,000 other monies authorized to be expended pursuant to said bond resolution dated and duly authorized February 20, 2020; c) by the expenditure of an additional $56,000 other monies hereby appropriated therefor; and d) by the issuance of an additional $384,000 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 specific object or purpose is twenty-five years, pursuant to subdivision 12(a) 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, 2020. 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 20 June 3, 2020 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: Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye On motion of Councilwoman Elkind Eney, seconded by Councilman King,it was RESOLVED, that the Mamaroneck Town Board does hereby rescind the bond resolution for the purchase of a dump truck in the amount of $270,000.00, approved by the Town Board at the May 20, 2020 Town Board meeting. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 21 June 3, 2020 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following was approved; BOND RESOLUTION DATED JUNE 3, 2020. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE PURCHASE OF A DUMP TRUCK, FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $270,000 AND AUTHORIZING THE ISSUANCE OF $270,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. 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, 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 a dump truck, for the Town of Mamaroneck, Westchester County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $270,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $270,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the 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. 22 June 3, 2020 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: Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye APPROVAL OF MINUTES 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 6, 2020 and May 20, 2020. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. CLOSING IN MEMORY Supervisor Seligson closed the meeting in memory of the Howard (Howie) McMichael. Howie was a wonderful member of our community and a long-standing member of the Coastal Zone Management Commission. He ran a successful yacht yard, and as an avid boats man and former Commodore of the Larchmont Yacht Club, he brought instrumental practical experience to the Commission. He was just a lovely, lovely human being, who will most certainly be missed. Our sympathy goes out to the McMichael family. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Town Board unanimously agreed to enter into an Executive Session to discuss, current litigation and the employment history of a particular employee with respect to discipline. EXECUTIVE SESSION Current Litigation Employment History of a Particular Employee with respect to discipline. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Board unanimously agreed to end the Executive Session and adjourn the meeting. ________________________________ Submitted by Christina Battalia, Town Clerk 23