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HomeMy WebLinkAbout2020_07_15 Town Board Minutes July 15, 2020 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD JULY 15, 2020 BEGINNING AT 5:00 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: Lindsey Luft Assistant to the Town Administrator On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Work Session was unanimously opened at 5:00 p.m. Update – Coronavirus Pandemic Response The Town Board discussed the current suspended laws and whether to renew the suspensions. In response to a request, Mr. Maker stated that the current State of Emergency allows for rock removal and based on the amendments currently set forth in the proposed amendment. Informational presentation – Shelley B, Mayer – New Police Legislation Additionally present telephonically: Senator Shelley B. Mayer and Andy Buder lawyer on staff for Senator Mayer Senator Mayer gave a presentation based on the new Police legislation recently adopted at the State level. The Senator described in detail the ten bills signed by the Governor. RETURN TO ITEM 1 Update – Coronavirus Pandemic Response The Town Board approved removing the suspension on meter fees, maintaining suspension of the overnight waiver, and allowing rock removal within the parameters of the draft amendment. Additionally, beginning July 20, parking permits will be required for all Town Lots. Supervisor Seligson asked Councilman King for an update on the Sustainability Collaborative’s discussions regarding a ban on leaf blowers. Councilman King reported that the Village of Larchmont is working toward a total ban and that the Collaborative is trying to harmonize the different municipal laws Review Rock Removal Amendment 1 July 15, 2020 The Town Board reviewed the current draft amendment, specifically discussing section C. It was noted that Ralph Engel sent comments in an email to the Town Board. Update – Sanitation Commission Supervisor Seligson noted that the key discussion points are curbside pickup, and more importantly the discussion of the structure of the Commission. The Town and Village have discussed requesting of the State Comptroller an opinion regarding the structure of the commission. Supervisor Seligson noted that the State Comptroller has not responded to municipal questions in years, and there is no expectation that one will be provided for this request. Mr. Altieri is working with bond counsel to investigate a special district, one mimicking the structure created for the Ambulance District. Another option is for the Commission to dissolve and have the two municipalities run separate sanitation operations. The Town Board will discuss more specific financial implications and projections at the August meeting. Review- 2021 Budget Instructions/Budget Calendar Additionally present telephonically; Tracy Yogman Town Comptroller Councilwoman Katz asked if there were any instructions given to the Department Heads with respect to looking at software for services online, as well as continuity with remote working when and if needed. Mr. Altieri will amend the budget worksheets to reflect that as well as the corrections to the calendar dates. Discussion – Task Force on Racial Equality Supervisor Seligson asked Councilman King to elaborate on the creation of the task force. Councilman King briefed the Board on the creation of the committee, its members, concepts of what the task force would do, and stated that the first meeting is set for next week via Zoom. Councilman King will send the Town Board President Obama’s 2015 report as a baseline, and suggested the Town Board and the task force watch the video by Brian Stevenson of the Equal Justice Initiative. Supervisor Seligson asked if the task force could fulfill the requirement of Executive Order 203, and Councilman King responded that he will add that question to the task force agenda. Supervisor Seligson reported that the TVS met yesterday and the other municipalities have not yet created a task force or committee to address Executive Order 203 There could be an opportunity to work together with the Villages. Councilman King will report back to the Town Board after next week’s task force meeting. New Business th The Town Board discussed the August and September Town Board meeting dates and selected August 19 thrd and September 9 and 23. Supervisor Seligson noted that at the last TVS meeting the Town was briefed on the school district’s plans for reopening. They are actively seeking spaces to hold after school activities as well as activities for students who are not physically in school particular days. On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to enter an Executive Session to discuss employment history of a particular person and compensation negotiations. EXECUTIVE SESSION Employment History of a Particular Employee Compensation Negotiations On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to resume the Regular Meeting. 2 July 15, 2020 CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 7:50 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening. SUPERVISOR’S SUMMARY REPORT The Town has been carefully and slowly opening up as we progress through the NYS reopening phases. Thanks to the tenacity and efforts of the Recreation department, the Hommocks Pool is open to Town residents, but with limited capacity. Residents must go online to reserve a two hour time slot. Weekly summer programming is available for children. All Town staff are back in the Town Center with plastic shields in high-traffic areas and everyone wearing masks. Playgrounds are open, there is limited retail open and outdoor dining looks inviting and great. Still, we all need to keep wearing masks and practice social distancing. We do not want to go backwards and lose ground. We must work to keep the infection rate low and our friends, family and fellow residents safe. The County has continued its weekly Coronavirus calls. Thanks to Councilwoman Elkind Eney for participating in those for the past two weeks. All Town boards and commissions are meeting virtually on a regular schedule. The Town will rescind some of the state of emergency suspensions on laws in the coming weeks. The Town is looking into the possibility of holding an outdoor concert as well. We invited State Senator Shelley Mayer to speak to us this evening about the recent state legislation regarding police and police departments. Councilman Jeff King will lead a task force looking at racial issues and police relations. There was a TVS “Town Village School” meeting yesterday where we exchanged information among the three municipalities and the school districts about Coronavirus responses and plans. The schools seem to be looking at a hybrid model where children would go to school virtually on some days and in person on other days. th The next Town Board meeting will be August 19. PUBLIC HEARING (S) – 2020 Revision of the Mechanical Rock Removal Law The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, and further pursuant to Executive Order No. 202.1 Suspension of Article 7 Public Officers Law, and pursuant to a motion by the Town Board on June 17, 2020 this Public Hearing will be adjourned until Wednesday July 15, 2020 at 7:30 PM or as soon thereafter as is possible, telephonically from the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider, “2020 Revision of the Mechanical Rock Removal” Law. Purpose: The Town Board continues to monitor the impact of mechanical rock removal upon the health, safety and welfare of the Town’s residents with a goal of balancing people’s right to develop their properties with a neighborhood’s right to tranquility, to the extent possible. Among the concerns that have arisen are the need to mitigate the spread of dust and other particulates during both the hammering of rock and its removal from the site, and the need to decrease the number of hours per day when mechanical rock removal may take place. Another concern is that on those occasions when the rock to be removed is more difficult to break than could have been reasonably anticipated or when there are mechanical difficulties in the operation, the developer must redouble its efforts since the 15-day life span of a rock removal permit continues unabated. This additional effort has created situations where disturbance to peace and quiet is exacerbated. The disruption in everyday life should be decreased if a developer is permitted to suspend the rock removal permit in order to replace broken equipment, adjust to weather conditions, or to utilize different modes for removing rock, such as drilling before hammering, while still allowing only 15 working days of mechanical rock removal. This revision in the law furthers the goal. 3 July 15, 2020 The full text of this document can be viewed on the Town’s website, www.townofmamaroneckNY.org, or by calling the Town Clerk’s Office at 914-381-7870, for a mailed copy. PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. 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. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson noted that the Town Board received comments from the Chair of the Planning Board. Supervisor Seligson asked Lyndsey Luft, who is manning the emails for this evening’s public comment, if she has received any public comment, and she has not. It was noted that the Town Board reviewed the draft amendment, and stated that the Town Board would like to adjourn the public hearing so that the newest draft of the law can be republished. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously adjourned until August 19, 2020. Presentation – Sustainable Westchester Supervisor Seligson introduced Carmen Santos and Michel de Lafontaine of Sustainable Westchester, and gave a brief description of the program. Carmen and Michel presented a power point presentation centered on the Westchester Power Program which is a Community Choice Aggregate Program. The Town has been a part of this program for a number of years. The program is up for renewal this December and in order to comply with the public service commission requirements, must present the program to the public. The program opts in all Con Ed customers in the Town to receive electricity sourced from renewable energy at a fixed rate. CITIZEN COMMENTS Supervisor Seligson reminded the audience that comments can always be received by email or phone, but during Town Board meeting the Board will receive comments via email. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Fiddelman, seconded by Commissioner Elkind Eney, 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 4 July 15, 2020 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: AAA Emergency Supply Co. Fire Extinguisher Recharge & Refill $ 49.00 AAA Emergency Supply Co. Fire Extinguisher recharge & refill 117.50 Amazon.Com Office - batteries, shirts for Volunteers, tarps, bedding, faucet 492.88 Amazon.Com Minitor V Batteries, car wash soap, AAA & AA batteries 302.79 Bound Tree Medical LLC Pulse Oximeter 70.00 Bound Tree Medical LLC Nitrile gloves - small 87.50 Emergency Services Mktg. Corp IamResponding App- annual subscription -6/14/20-21 785.00 Fire Companies.Com Platinum Package Hosting & Maintenance 209.97 Foley Hardware Supplies - brushes, pail and hose 53.95 Grainger Car wax, spray bottle, aerosol penetrant, hand wash, 275.82 dishwashing,etc. LiftOff, LLC. Exchange Online Plan 2 2,880.00 Optimum Cable Services for 6/23/20-7/22/2020 201.58 On The Job Embroidery Embroider US Open Logo on 64 shirts 665.00 Ready Refresh Water Cooler Rental 5/19-6/18/2020 122.96 Joseph Russo Malwarebytes Anti-Malware Premium - 6 Mos 49.90 Senate Electronics, Inc. Repair 4 doors on 2nd Floor 482.36 TOM PFFA 6 Mos of Life Insurance Premiums (Jan-Jun) 1,430.52 Ton'ys Nurseries Hanging Baskets & Plants 103.93 UniFirst Corp. Cleaning supplies 5/29, 6/5/2020 251.12 UniFirst Corp. Cleaning supplies 6/12, 6/19, 6/26, 7/3/2020 887.56 United Door Corp. Repair to E36 Door 680.50 Verizon Fire HQ Service 6/10/20-7/9/2020 258.26 Villa Maria Pizza Food for Hands On Training DAY 1 - DAY 3 & For Call 8 Nancy LN 200.49 Extend Westchester Elevator Services Maintenance - May & June 2020 350.00 WJWW 205 Weaver St charges 4/26/20-5/25/20 67.50 - Total $ 11,076.09 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 2. Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of June as submitted by Chief Russo as follows: June 2020 ALARM TYPE NUMBER Generals 29 Minors 21 Stills 4 Out of Town (Mutual Aid) 3 EMS 24 Drills 2 TOTAL 83 Total number of personnel responding: 517 Total time working: 37 hours and 42 minutes 5 July 15, 2020 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 – Housing Inspection Contract – Section 8 Program On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the renewal of the agreement with McCright and Associated to provide housing inspection services for the Town’s Section 8 Housing Voucher Program, and BE IT FURTHER, RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute the agreement. 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 2. Resolution – Refunding of Serial Bonds REFUNDING BOND RESOLUTION At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, th held at the Town Hall, in Mamaroneck, New York, in said Town, on the 15 day of July, 2020, at 7:30 o’clock P.M., Prevailing Time. The meeting was called to order by Supervisor Seligson, and upon roll being called, the following were PRESENT: Supervisor Nancy Seligson Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilwoman Sabrina Fiddelman Councilman Jeffery King ABSENT: None The following resolution was offered by Councilwoman Elkind Eney, who moved its adoption, seconded by Councilwoman Katz, to-wit: REFUNDING BOND RESOLUTION DATED JULY 15, 2020. A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.00 AND/OR SECTION 90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY “PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS”, AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY. WHEREAS, the Town of Mamaroneck, Westchester County, New York (hereinafter, the “Town”) heretofore issued an aggregate $4,158,000 Various Purposes (Serial) Bonds, 2013, pursuant to certain bond resolutions to pay the cost of various Town purposes, such Various Purposes (Serial) Bonds, 2013, being dated May 22, 2013 and maturing or matured on May 15 annually (the “2013 Bonds”); and 6 July 15, 2020 WHEREAS, the Town heretofore issued an aggregate principal amount of $8,860,000 Various Purposes (Serial) Bonds, 2014, pursuant to certain bond resolutions to pay the cost of various Town purposes, such Various Purposes (Serial) Bonds, 2014, being dated July 29, 2014 and maturing or matured on July 15 annually (the “2014 Bonds”); and WHEREAS, it would be in the public interest to refund all, or one or more, or a portion of one or more, of the $2,105,000 outstanding principal balance of the 2013 Bonds maturing in 2022 and thereafter (the “2013 Refunded Bonds”), and the $5,605,000 outstanding principal balance of the 2014 Bonds maturing in 2023 and thereafter (the “2014 Refunded Bonds”, together with the 2013 Refunded Bonds, the “Refunded Bonds”), each by the issuance of refunding bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law; and WHEREAS, each of such refundings will individually result in present value savings in debt service as so required by Section 90.10 of the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the object or purpose of refunding the outstanding aggregate $7,710,000 principal balance of the Refunded Bonds, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the redemption premium to be paid on the Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $9,000,000 refunding bonds of the Town pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the “Public Improvement Refunding Bonds” or the “Refunding Bonds”), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $8,180,000, as provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding bond issues. The Public Improvement Refunding Bonds shall each be designated substantially “PUBLIC IMPROVEMENT REFUNDING SERIAL BOND” together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R-20 (or R with the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Supervisor pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law and pursuant to subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to the limitation hereinafter described in Section 10 hereof relating to approval by the State Comptroller. Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Supervisor shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the Town by lot in any customary manner of selection as determined by the Supervisor. The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non-certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”), which will act as securities depository for the bonds in accordance with the Book-Entry-Only system of DTC. In the event that either DTC shall discontinue the Book-Entry-Only system or the Town shall terminate its participation in such Book-Entry-Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non-certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book-Entry-Only System. Principal shall only be payable upon 7 July 15, 2020 surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office of the Town Clerk as Fiscal Agent as hereinafter provided). In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the Town maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or first business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Supervisor providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the Supervisor as fiscal agent of the Town for the Refunding Bonds (collectively the “Fiscal Agent”). Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The Supervisor, as chief fiscal officer of the Town, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said Town, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the Town, regardless of whether the Refunding Bonds are initially issued in certificated or non-certificated form; provided, however, that the Supervisor is also hereby authorized to name the Town Clerk as the Fiscal Agent in connection with the Refunding Bonds if said Refunding Bonds are issued in non-certificated form. The Supervisor is hereby further delegated all powers of this Town Board with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. The Refunding Bonds shall be executed in the name of the Town by the manual or facsimile signature of the Supervisor, and a facsimile of its corporate seal shall be imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph g of Section 90.00 of the Local Finance Law or subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law, as applicable, and 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. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent. Section 3. It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; (b) the maximum period of probable usefulness permitted by law at the time of the issuance of the respective Refunded Bonds, for the objects or purposes for which such respective Refunded Bonds were issued is as described in Exhibit A attached hereto and hereby made a part hereof; (c) the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of the objects or purposes for which said respective Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph a of Section 90.00 of the Local Finance Law or subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law, as applicable; (d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, if any, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, with regard to each of the respective series of Refunded Bonds, is as shown in the Refunding Financial Plan described in Section 4 hereof. Section 4. The financial plan for the aggregate of the refundings authorized by this resolution (collectively, the “Refunding Financial Plan”), showing the sources and amounts of all moneys required to accomplish such refundings, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit B attached hereto and hereby made a part hereof. The Refunding Financial Plan has been prepared based 8 July 15, 2020 upon the assumption that the Refunding Bonds will be issued in one series to refund all of the Refunded Bonds in the principal amount of $8,180,000, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in said Exhibit B. This Town Board recognizes that the Refunding Bonds may be issued in one or more series, and for only one or more of the Refunded Bonds, or portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the Town will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit B. The Supervisor is hereby authorized and directed to determine which of the Refunded Bonds will be refunded and at what time, the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Supervisor; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.00 or Section 90.10 of the Local Finance Law, as applicable. The Supervisor shall file a copy of his certificates determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Town Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. Section 5. The Supervisor is hereby authorized and directed to enter into an escrow contract or contracts (collectively the “Escrow Contract”) with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said Supervisor shall designate (collectively the “Escrow Holder”) for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law. Section 6. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding 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 be annually levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the Town to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties have notice thereof. Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the Town shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an “arbitrage bond” as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder. Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the Town hereby elects to call in and redeem each respective series of Refunded Bonds which the Supervisor shall determine to be refunded in accordance with the provisions of Section 4 hereof and with regard to which the right of early redemption exists. The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the Town in the manner and within the times provided in the Refunded Bonds. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply 9 July 15, 2020 with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. Section 10. The Refunding Bonds shall be sold at public competitive sale or at private sale to an underwriter as shall be determined by the Supervisor, plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds. Subject to the approval of the terms and conditions of such private sale by the State Comptroller to the extent required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, the Supervisor, is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the Town providing the terms and conditions for the sale and delivery of the Refunding Bonds to the purchaser. After the Refunding Bonds have been duly executed, they shall be delivered by the Supervisor to the purchaserin accordance with said purchase contract or winning purchaser upon the receipt by the Town of said purchase price, including accrued interest. Section 11. The Supervisor and all other officers, employees and agents of the Town are hereby authorized and directed for and on behalf of the Town to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Supervisor and all powers in connection thereof are hereby delegated to the Supervisor. The Supervisor shall be further authorized to issue said Refunding Bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law as said officer shall determine necessary, in consultation with bond counsel to the Town. Section 13. The validity of the Refunding Bonds 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 14. A summary of this resolution, which takes effect immediately, shall be published in the official newspapers of said Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Dated: July 15, 2020. The foregoing resolution was duly put to a vote which resulted as follows: Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye The resolution was thereupon declared duly adopted. 3. Authorization – Renewal Property Revaluation Consultant Agreement On motion of Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the renewal agreement with GAR Associates to provide professional appraisal and consulting services for the purpose of maintaining equitable property assessments, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. 10 July 15, 2020 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. Authorization – IMA Village of Scarsdale – Assessment Grievance Review On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman RESOLVED, that the Mamaroneck Town Board does hereby approve the Intermunicipal Agreement between the Town of Mamaroneck and the Villager of Scarsdale for grievance review services, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Resolution – Remote Meetings of the Board of Assessment Review On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the following was approved: WHEREAS, due to the COVID-19 pandemic, the Governor issued Executive Order No. 202.22, which, among other things, granted local governments the option to allow their Boards of Assessment Review to conduct business remotely, and WHEREAS, through Executive Order No. 202.44, the Town Board continues to have the right to exercise that option, and WHEREAS, because the COVID-19 virus remains a threat to the health, welfare and safety of the public, the Town Board wishes to exercise the option. NOW THEREFORE, BE IT RESOLVED, that the Board of Assessment Review hereby is authorized to hear complaints and to deliberate upon and determine those complaints remotely by conference call or similar service, so long as on the day for hearing complaints (commonly referred to as grievance day), complainants are able to present their complaints through such service and the public has the ability to view or listen to the proceedings conducted on grievance day. The above resolution was put to a roll call vote: King Fiddelman Elkind Eney Katz Seligson 6. Adoption – 2021 Budget Preparation Calendar Deferred 11 July 15, 2020 7. Consideration of Certiorari On motion of Councilwoman Elkind Eney, seconded by Councilman King RESOLVED, that the Town Board hereby authorize the settlement of the following tax certiorari on the following terms: ATB Five Properties 625 Waverly Avenue Section/Block/Lot: 8-26-353 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduction Resulting Assessment 2015 $1,170,000 $360,000 $810,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 8. COVID Response – Police Department Vacation Payout On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the vacation buyout plan aS detailed to the Town Board in a memorandum from the Town Administrator dated July 13, 2020. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 9. Set Town Board Meetings Dates – August and September 2020 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the August meeting for August 19, and the September meeting for the September 9 and 23. 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 meeting of June 17, 2020. 12 July 15, 2020 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 p.m. ________________________________ Submitted by Christina Battalia, Town Clerk 13