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HomeMy WebLinkAbout2021_07_21 Town Board Minutes July 21, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD JULY 21, 2021 BEGINNING AT 5:00 PM, IN CONFERENCE ROOM C AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Nancy Seligson Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilwoman Sabrina Fiddelman Councilman Jeffery L. King ALSO PRESENT: Christina Battalia, Town Clerk Connie Green O’Donnell, Deputy Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION The Worksession of the Town Board was called to order by Supervisor Seligson at 5:00 p.m. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Work Session was unanimously opened at 5:00 p.m. Additionally Present: Lindsey Luft Assistant to the Town Administrator Update - Comprehensive Plan On motion of Councilwoman Katz, seconded by Councilman King, the Board unanimously agreed to enter into an Executive Session to discuss the employment history of a particular corporation and potential litigation. EXECUTIVE SESSION Employment History of a Particular Person or Corporation Potential Litigation. On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Board unanimously agreed to resume the Worksession. Discussion – Westchester Joint Water Works Notice of Violation The Town Board reviewed the proposed retainer agreement with the law firm of Abrams Fensterman. The Town Attorney has advised that this firm be engaged to represent the Town of Mamaroneck in connection with the notice of violation of the Safe Drinking Water Act and an EPA Administrative Order from the United States Attorney with respect to the Westchester Joint Water Works and its constituent municipalities. Update - Racial Equity Task Force (RETF) Councilman King stated that currently the Task Force has six members, and will be loosing one due to a move. The Task Force would like the Town Board to consider making the Task Force a formal Town committee. This would involve adopting a local law to create the committee and establish terms for its members. Additionally, the Task Force is working to rename itself to be more reflective of its long term mission. Councilman King noted an excellent presentation that the Task Force received from the developers of the diversity equality and inclusion (DEI) App called CulturePop. The Task Force is looking into recommending this as a tool for Town employees. Councilman King will prepare a proposal to draft a local law to formalize the Task Force. Update – Clean Energy Community Grants Supervisor Seligson reported that as a result of the Town’s accomplishments in the area of clean energy and as a designated Clean Energy Community, the Town will be eligible for grants totaling $45,000. The 1 July 21, 2021 Town Board reviewed the specific grant opportunities and discussed how best to spend the grant funds. The grants can be combined for one project. The Town Board will use the grant funds toward supporting the Towns electric vehicle fleet. This approval is on the regular agenda for this evening. Update – Marihuana Regulations and Taxation Act Supervisor Seligson noted that after the last meeting of the Supervisors, it appears most municipalities will be opting out. A municipality can opt in later, but cannot opt out later. The Village of Larchmont will hold a public hearing on legislation to opt out. The Town will hold public sessions at the Town Board meetings in September to hear from the public. Update – Recognizing Enslaved Africans of Larchmont Mamaroneck (REALM) Recently the Town Board met on site at the Town Center with representatives of REALM to discuss a location for a memorial. A design is not yet finalized, but the Town Board was open to considering the hill near the bell as a potential site. REALM will be reaching out to artists, but all design discussions will be with the Town Board. Update - Westchester Joint Water Works Proposed Rate Increase The Town Board was provided a hard copy PowerPoint from David Birdsall of the Westchester Joint Water Works to facilitate a discussion of a proposed rate increase. The Town Board suggests an increase of 9%. Approval is on the regular agenda for this evening. Discussion – Tyler Technologies, Inc. Contract – Financial Management Systems The Town Comptroller has previously presented to the Town Board a proposal for an upgrade of the Town’s financial software. The Town Board reviewed a memorandum from Tracy Yogman re-outlining the proposal and the costs. Approval of this contract is on the regular agenda for this evening. On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to enter into an Executive Session to discuss the employment history of a particular person. EXECUTIVE SESSION Employment History of a Particular Person On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Board unanimously agreed to resume the Regular Meeting. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening. SUPERVISOR’S REPORT Hello from our first in-person meeting in sixteen months! It is a welcome, long awaited change to be meeting in-person again. We held a Town Board work session in Conference room C beginning at 5:00 pm. We are now broadcasting from the Town Courtroom. The Town’s in-person outdoor activities are in full swing with summer camps, concerts and movies. The first outdoor concert was this past Monday night with the FED Drive band playing great dance music. There was a good crowd and lovely weather. There will be outdoor concerts on the three Monday nights. 2 July 21, 2021 The Town has been designated a Clean Energy Community and participates in the NYS Energy, Research and Development Administration’s Clean Energy Communities program. As a result of our accomplishments in the area of Clean Energy, we are eligible for grants totaling $45,000. The Town Board discussed using the grants to purchase electric vehicles for the Town. I attended a TVS Meeting, (Town, Village School) last week where representatives from the three municipalities and two school districts get the chance to share information and updates. Town Board members met with members of REALM (Recognizing Enslaved Africans of Larchmont Mamaroneck) to explore a location for a proposed monument on the grounds of the Town Center. The group will draft an RFP for artists and continue to communicate with the Town Board about design and any progress. Alan Casterella, General Foreman of the Highway Department for the past 19 years and Town of th Mamaroneck employee for 38 years retired June 30. Alan has been a devoted employee, a team player, a staff person who was always willing to go above and beyond for the Town and is a lovely person. We wish him a happy healthy retirement and will miss him. Please remember there are still dangers of Covid. We urge everyone to get vaccinated and ask those who are not to please wear a mask. PUBLIC HEARING – Ambulance District Bonding The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Center, 740 West Boston Post Road, in Mamaroneck, New York, on July 21, 2021, at 8 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 purchase of new heart monitors, defibrillators and stair chairs, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $105,000. 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. At said public hearing said Town Board will hear all persons interested in the subject matter thereof at the maximum estimated cost of $105,000. Dated: Mamaroneck, New York, July 7, 2021. 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 Fiddelman, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone in the audience wished to comment, and there was none. On motion of Councilman King, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously closed. On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the following was adopted, 3 July 21, 2021 In the Matter of The Increase and Improvement of the Facilities PUBLIC INTEREST ORDER of Town of Mamaroneck 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 Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York, being the purchase of heart monitors, debibrillators and stair chairs, including incidental equipment and expenses in connection therewith, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $105,000 and WHEREAS, at a meeting of said Town Board duly called and held on June 16, 2021, 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 Town of Mamaroneck Ambulance District in said Town at a maximum estimated cost of $105,000, and to hear all persons interested in the subject thereof concerning the same at the Town Center, in Mamaroneck, New York, in said Town, on July 21, 2021, at 8:00 o’clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of the Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York, being the purchase of heart monitors, debibrillators and stair chairs, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $105,000. 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 Fiddelman, seconded by Councilwoman Elkind Eney, the following was adopted, BOND RESOLUTION DATED JULY 21, 2021. A RESOLUTION AUTHORIZING THE ISSUANCE OF $105,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK 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 Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $105,000; 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 4 July 21, 2021 RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the increase and improvement of the Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York, being the purchase of heart monitors, defibrillators and stair chairs, including incidental equipment and expenses in connection therewith, in the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued $105,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $105,000, which class of objects or purposes is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $105,000 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years pursuant to subdivision 27-a 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 Town of Mamaroneck 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, 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 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. 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 10. 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 5 July 21, 2021 Councilwoman Katz Aye Supervisor Seligson Aye PUBLIC HEARING – Garbage District Bonding The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Center, in Mamaroneck, New York, in said Town, on July 21, 2021, at 8 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 and installation of a new truck body on a sanitation vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $102,000. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, July 7, 2021. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk On motion of Councilwoman Katz, seconded by Councilman King, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone in the audience wished to comment, and there was none 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 Katz, the following was approved: In the Matter PUBLIC INTEREST ORDER of The Increase and Improvement of the Facilities 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 and installation of a new truck body on a sanitation vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $102,000 and WHEREAS, at a meeting of said Town Board duly called and held on June 16, 2021, 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 $102,000, and to hear all persons interested in the subject thereof concerning the same at the Town Center, in Mamaroneck, New York, in said Town, on June 16, 2021, at 8:00 o’clock P.M., Prevailing Time; and 6 July 21, 2021 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 and installation of a new truck body on a sanitation vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $102,000. 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 adopted, BOND RESOLUTION DATED JULY 21, 2021. A RESOLUTION AUTHORIZING THE ISSUANCE OF $102,000 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 $102,000; 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 Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase and installation of a new truck body on a sanitation vehicle, including incidental equipment and expenses in connection therewith, there are hereby authorized to be issued $102,000 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 $102,000, 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 $102,000 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 7 July 21, 2021 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, 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 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. 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 10. 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 PUBLIC HEARING - Water District No. 1 Bonding The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Center, in Mamaroneck, New York, in said Town, on July 21, 2021, at 8 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 the construction of improvements to the water distribution system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $712,000. It has been determined that said projects are Type II Actions under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, July 7, 2021. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk 8 July 21, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone in the audience wished to comment, and there was none On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was unanimously closed. On motion of Councilman King, seconded by Councilwoman Elkind Eney, the following was adopted In the Matter PUBLIC INTEREST ORDER of The Increase and Improvement of the Facilities of 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 Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the construction of improvements to the water distribution system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $712,000 and WHEREAS, at a meeting of said Town Board duly called and held on June 16, 2021, 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 Water District No. 1 in said Town at a maximum estimated cost of $712,000, and to hear all persons interested in the subject thereof concerning the same at the Town Center, in Mamaroneck, New York, in said Town, on July 21, 2021, at 8:00 o’clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the construction of improvements to the water distribution system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $712,000. 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 Fiddelman, seconded by Councilman King, the following was approved, BOND RESOLUTION DATED JULY 21, 2021. A RESOLUTION AUTHORIZING THE ISSUANCE OF $712,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF WATER DISTRICT NO. 1, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. 9 July 21, 2021 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 Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $712,000; 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 class of objects or purposes of paying the cost of the increase and improvement of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the construction of improvements to the water distribution system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, in the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued $712,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $712,000, which class of objects or purposes is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $712,000 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 40 years pursuant to subdivision 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. 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 class of objects or purposes described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 10 July 21, 2021 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 Councilman King Aye Councilwoman Fiddelman Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Supervisor Seligson Aye PRESENTATION Westchester Power Community Choice Aggregate (CCA) Update Paul Presendieu, Outreach Coordinator for Sustainable Westchester, presented an update of the CCA Program via a PowerPoint, as well as information about Sustainable Westchester. Supervisor Seligson thanked Mr. Presendieu for his presentation. OUT OF ORDER AFFAIRS OF THE TOWN 1. Commendation – Jackson Baker, Larchmont Volunteer Ambulance Corp Supervisor Seligson introduced Jackson Baker a member of the Volunteer Ambulance Corp (VAC) who is receiving a Commendation this evening for his recent heroic work. John Pomponio Chief of VAC and Chris Muller President of VAC introduced Jackson Baker and described the situation. . John Pomponio addressed the audience and described that Mr. Baker is one of the most active members of VAC, serving 1,000 hours of duty during COVID. Mr. Baker is being honored for his heroic act of chasing and jumping into a rolling unattended vehicle before it hit a pedestrian and crashed into a building. This was truly a lifesaving act. Mr. Baker thanked the Town for this Commendation. CITIZEN’S COMMENTS Kevin Crowe of Larchmont Gardens’ Civic Association addressed the Town Board. Mr. Crowe asked if the cleanup around the Brook that occurred last fall will continue this fall? Mr. Crowe also asked if there is a plan to plant and replace the Ash trees that have died. Connie Green O’Donnell will follow up with the Highway Department on the fall cleanup. Supervisor Seligson stated that Ash tree removal and replacement is a conversation we can have with our Conservation Department. Mr. Crowe stated that the Association would always support efforts to promote trees. 11 July 21, 2021 BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Commissioner Elkind Eney, seconded by Commissioner King, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King 1. FIRE CLAIMS On motion of Commissioner Elkind Eney, seconded by Commissioner Katz, it was RESOLVED that this Commission does hereby authorize payment of the following Fire Department Claims as approved by the Fire Chief and audited by the Comptroller’s Office: ATTACHMENT A 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 Hughes as follows: June 2021 ALARM TYPE NUMBER Generals 34 Minors 21 Stills 1 Out of Town (Mutual Aid) 2 EMS 58 Drills 3 TOTAL 119 Total number of personnel responding: 566 Total time working: 46 hours and 56 minutes Commissioner Elkind Eney announced that our Fire Department won two awards at the Fireman’s Parade th on June 30. One for best ariel ladder and one for best non-regulation uniform. We thank them as always for their service. There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Fiddelman, the Commission unanimously adjourned and the Town Board reconvened. 12 July 21, 2021 AFFAIRS OF THE TOWN 2. Fiscal Year Q2 2021 Operating Budget Report Presented by Tracy Yogman Town Comptroller. 3. Fiscal Year Q2 2021 Budget Report Presented by Tracy Yogman Town Comptroller. 4. Salary Authorization – Labor Foreman, Highway Department On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Christopher Gonch to the position of Labor Foreman in the Highway Department, effective July 22, 2021, at an annual salary of $80,473. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Salary Authorization – Technical Support Specialist, IT Department On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Attila Papp to the position of Technical Support Specialist in the IT Department, effective July 22, 2021, at an annual salary of $76,885. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Salary Authorization – Maintenance Worker – Repair, Recreation Department On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint David Andrew to the position of Maintenance Worker – Repair in the Recreation Department, effective July 22, 2021, at an annual salary of $71,402. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 13 July 21, 2021 7. Authorization – Tyler Technologies Inc., Contract On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Contract with Tyler Technologies, Inc. – Munis for the implementation and annual licensing for a cloud based financial management system for the cost outlined below, and BE IT, FURTHER RESOLVED, that the Deputy Town Administrator is hereby authorized to execute said agreement on behalf of the Town. 1-Time YR 1 Implementation Annual Cost Cost Financials- Purchasing/AP/Budgeting/Fleet $ 140,150 $ 56,297 Total Yr 1 140,150 56,297 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 8. Authorization - Intermunicipal Agreement Village of Scarsdale – Board of Assessment Review On motion of Councilwoman Elkind Eney, seconded by Councilwoman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Intermunicipal Agreement between the Town of Mamaroneck and the Village of Scarsdale for the Town to hear a property grievance application filed by a Village of Scarsdale Board of Assessment Review Member, and BE IT, FURTHER RESOLVED, that the Deputy 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 9. Authorization – NYSERDA Grant – Clean Energy Grant Program On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the NYSERDA Grant – Clean Energy Grant Program, for funds to be used for electric vehicles and other related equipment, and BE IT, FURTHER 14 July 21, 2021 RESOLVED, that the Town Supervisor is authorized to submit said grant application on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 10. Report of Bids – Award Contract TA-21-10 Hickory Grove Drive East Sidewalk On motion Councilwoman Elkind Eney, seconded by Councilman King, it was approved, WHEREAS, on July 14, 2021 the Town publically opened and read six (6) bids for Contract TA-21-10 Hickory Grove Drive East Sidewalk. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-21-10 Hickory Grove Drive East Sidewalk to, Peter J. Landi, Inc., the lowest responsible bidder meeting all of the Town’s requirements, at a base bid price of $108,841.00, and BE IT, FURTHER RESOLVED, that the Deputy Town Administrator is hereby authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 11. WJWW Water Rate Increase On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize an increase of 9% to be applied to all applicable water use rates charged by the Westchester Joint Water Works, and that such rate increase shall be effective with the Westchester Joint Water Works water rate billing for July 2021. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 12. Set Public Hearing - Amendment NYStretch Code 2020 On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Amendment of the Adoption of the NYStretch Code 2020, 15 July 21, 2021 supplement to the 2020 Energy Conservation Construction Code of New York State” Law, for August 17, 2021 at 8:00 p.m., at the Town Center, 740 West Boston Post Road, Mamaroneck, 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. 13. Settlement of Certiorari On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: RDS Realty LLC 656 Van Ranst Place Section/Block/Lot: 8-22-362 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2017 $550,000 $95,000 $455,000 2018 $550,000 $95,000 $455,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 14. Authorization – Engagement of Abrams Fensterman Attorneys at Law On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the engagement of the law firm of Abrams Fensterman, of White Plains, New York, to represent the Town of Mamaroneck in connection with the notice of violation served by the United States Attorney with respect to the Westchester Joint Water Works and its constituent municipalities. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 15. Second September Town Board Meeting On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby change the second September Town Board originally set for Monday, September 13, to Wednesday, September 22, 2021. 16 July 21, 2021 16. Authorization - Salary Adjustment – Assistant to the Town Administrator On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the salary adjustment for Lindsey Luft, Assistant to the Town Administrator, at an increase of $5,000 effective August 1, 2021, and an additional increase of $5,000, effective January 1, 2022. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye APPROVAL OF MINUTES On motion of Councilwoman Fiddelman, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of June 2 and June 16, 2021. 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 Katz, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 17 July 21, 2021 ATTACHMENT A 18