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HomeMy WebLinkAbout2023_07_19 Town Board Minutes o _ ��9_1_ Town of Mamaroneck 0 o Town Board Minutes W 1� j m Wednesday, July 19, 2023, Courtroom, Second Floor of Town n Center 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman ABSENT: Allison May, Town Clerk ALSO PRESENT: Jennifer Gonzalez, Deputy Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the meeting opened at 5:08 pm. WORK SESSION ITEMS 1. Discussion - REALM The members of REALM explained the typical process for this type of project, noting the dimensions of the wall and art type. Councilman King wanted to ensure we are ADA compliant for both the bench and wall. REALM said that the bench and wall must be at least 5 feet apart to be ADA compliant. The Town Board and REALM discussed the excavation process and ensuring it was safe. Town Administrator Meredith Robson suggested that REALM reach out to the Building Department and Town Engineer to touch base with them regarding the footings and utilities that will be used. REALM then explained the color of the proposed wall and tying the colors to the building of the Town Center. Councilwoman Katz asked if the wall was easy to clean, to which REALM replied yes it was. REALM mentioned having lighting on the wall. Councilwoman Katz asked if the proposed wall would require a building permit. Administrator Robson answered that it will, but we will waive the fees. A liaison between the Town Board and REALM could be possible. REALM mentioned how the OCRA students at Mamaroneck High School are excited to work on getting history and conversation started at the school. Town Board July 19, 2023 2. Discussion - Hommocks Fields The Hommocks Fields were not discussed. 3. Discussion - Zoning Law Changes Attorney William Maker Jr. and the Board discussed the current zoning law and the proposed changes. The Town Board will come back to review the proposed changes to the zoning law after the Comprehensive Plan is completed. 4. Discussion - Acceptance of Donation to the Town of Mamaroneck Senior Center Administrator Robson read the donation. Councilman King noted that it is a generous donation. 5. Discussion - Acceptance of Donation to the Meals on Wheels Program Administrator Robson read the donation. Comptroller Yogman noted that there are several other donations that the program has not yet spent. 6. Discussion - Acceptance of Donation for Memorial Garden at Memorial Park Administrator Robson read the donation. The Town Board discussed the size of the dedication plaque. 7. Discussion - Addition of Juneteenth to the List of Holidays in Chapter 226 of the Town Code The Town Board discussed the correct Chapter of the code, noting it is actually Chapter 219 not 226. 8. Discussion - Update to Chapter 148 of the Code to Prohibit Smoking in Parks and Fields and to Remove Incarceration as a Form of Punishment for Violating Chapter 148 Town Attorney Maker mentioned that although not mandatory, the arresting officer is allowed to fingerprint an arrested person. Councilwoman Nichinsky said this felt unnecessary and could be another reason to stop someone for identification. The Town Board discussed the signed resolution that our Police Department will not cooperate with Immigrations and Customs Enforcement unless there is a judicial warrant. Councilwoman Fiddelman said this is preemptive and suggested that as marijuana dispensaries open around the County there is likely to be more smoking in public places. Councilman King stated that there are restrictions regarding cigars in other public places like beaches for example. The Town Board asked that, if need be, the Town should post signs in the Town parks and parking lots. 9. Discussion - Award of Bid - TA-23-06 - East Valley Stream Bridge Replacement Administrator Robson introduced the bid and explained that we are still waiting to see if we have an answer from FEMA. Administrator Robson also mentioned that Town Engineer Robert Wasp is concerned about the condition of the bridge as we wait to repair it. 10. Discussion - Award of Bid - TA-23-10 — Myrtle Blvd Stone Archways Rehabilitation Administrator Robson introduced the bid. Town Board July 19, 2023 11. Request for Executive Session Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, the Town Board agreed to enter into Executive Session to discuss the employment history of a particular person or persons, the collective bargaining negotiations involving a union, and the acquisition, sale, or lease of real property. Carried Moved by Councilwoman Fiddelman, seconded by Councilman King, the Town Board unanimously agreed to resume the Work Session. Carried 12. Updates (out of order) The Board discussed the proposed sites around the Town Center for the James Fenimore Cooper Murals which were previously at Mamaroneck High School. The Board wanted to ensure that the paintings are not offensive to Native Americans and asked if the Mamaroneck Historical Society could look into it, as they do not want to be offensive, but also do not want to erase history either. Supervisor Elkind Eney said that the Town Board needs to make the decision whether or not to put up the murals in the Town Center. Gail Boyle from the Mamaroneck Historical Society mentioned that each mural will include a brief description about the artist, origin and information about the theme and history behind each painting. The Town Board asked the Mamaroneck Historical Society a question about the history of a scene depicted in one of the murals. Supervisor Elkind Eney stated that the Town Board could table the discussion, pending receipt of the additional information from the Mamaroneck Historical Society. The Board then went on to discuss plaques and how we should have a plaque policy so that size and dimensions are the same for all plaques. Supervisor Elkind Eney suggested that we codify the current Town policy not to name buildings after individuals. 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor of the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:05p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. Town Board July 19, 2023 SUPERVISOR'S REPORT Welcome to the July 19, 2023, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room C starting at 5:00pm, which is open to the Public. We are now in the full swing of summer activities. The beginning of the month was filled with events celebrating Independence Day. I always enjoy marching in the annual Firemen's Parade in the VOM, and this year, the 75th, was no different. Despite the threat of rain, the streets were filled with lively spectators. I also enjoyed the annual Blessing of the Fleet on the 4th of July at the Harbor Flotilla. The line-up of decorated boats was so much fun to watch. I want to thank US Coast Guard Auxiliary Flotilla 75 for hosting this annual event and for their dedication to recreational boating safety. We have already held two of our summer concerts with two more to come on the next two Monday evenings at 7:00. We held one of our summer movies with more to come. On July 8th, I attended the Juneteenth Festival at Columbus Park in the Village. It was a wonderful mix of sports, music, food, and shopping. Everyone seemed to be having a great time, despite the heat! Thank you to Leilani Yizar-Reid for organizing this event. On July 11 , we held a joint Town Board/Recreation Commission Meeting at which engineers Woodard &Curran presented the results of their feasibility study for the improvement of the Town's fields behind the Hommocks School. More to come on next steps.... On that night, before the joint meeting, I attended the Sustainability Collaborative Meeting with Town Administrator Meredith Robson. We addressed some of their concerns and questions. On July 13, I attended the annual barbecue at the Senior Center sponsored by the Recreation Department and the Town of Mamaroneck Fire Department (TMFD). 120 Seniors ate delicious food, danced, and had a great time. We were even joined by State Senator Shelley Mayer and County Executive George Latimer. Thank you to the TMFD and the Recreation Department for bringing so much joy to our seniors. NEXT, we have a special treat. We have two young men who live in our community who have achieved the honor of becoming Eagle Scouts, the highest level for Boy Scouts. They are Jack Thomas Lawler and John Kenji Kono, and they are here tonight with their families. I am going to ask each of them to come up and briefly describe their projects. STAFF COMMENTS/ PRESENTATIONS 1. Presentation - Proclamation Presentations for Achieving Eagle Scout Rank— John Kenji Kono and Jack Thomas Lawler Supervisor Elkind Eney mentioned that Eagle Scout is the highest level possible for a Boy Scout. Jack Lawler explained that his project was to clean up the African American Cemetery in Rye. Mr. Lawler planted flowers and installed a bench. Mr. Lawler stated that the cemetery is such a rich historic place and had not been maintained for a long time, so he decided to do something about it. Supervisor Elkind Eney presented Mr. Lawler with a proclamation from the Town Board in recognition of his achievement. John Kono built and installed a bike rack at Memorial Park and had help from younger scouts, the Highway Department and Highway General Foreman, John Barreto. Mr. Kono also completed a park cleanup at the completion of the project. Mr. Kono thought of this project because growing up in Town, he realized Memorial Park did not have many bike racks. He learned a lot from this experience, especially about what it takes to plan a project like this. Mr. Kono stated that it felt great to leave a legacy in Town. Supervisor Elkind Eney presented Mr. Kono with a proclamation from the Town Board in recognition of this achievement. Councilwoman Katz congratulated and thanked both Mr. Lawler and Mr. Kono for giving back to the community. Town Board July 19, 2023 PUBLIC HEARING(S) The following Notice of Public Hearing is entered into the record as follows: 1. Notice of Public Hearing - Garbage District #1, Public Interest Order and Bond Resolution 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 19, 2023, 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 Garbage District No. 1, in said Town, being the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $303,000. 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. Purpose: On April 9, 2022, Governor Hochul signed into law a bill that adds section 103-a to the Public Officers Law. That amendment allows local communities when extraordinary circumstances exist, to expand the use of videoconferencing when conducting open meetings even when no emergency is declared. This local law adds a chapter to the Town Code that implements this amendment to the Public Officers Law. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org/. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: June 30, 2023 Moved by Councilwoman Fiddelman, seconded by Councilman King, the Public Hearing was opened. Carried Town Supervisor Elkind Eney asked if anyone wished to comment on the proposed bonding, and there was not. Moved by Councilman King, seconded by Councilwoman Katz, the Public Hearing was closed. Carried Town Board July 19, 2023 Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the Town Board approved the following Public Interest Order: In the Matter PUBLIC INTEREST ORDER of The Increase and Improvement of the Facilities of 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 Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$303,000 and WHEREAS, at a meeting of said Town Board duly called and held on June 26, 2023, 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 Garbage District No. 1 in said Town at a maximum estimated cost of$303,000, 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 19, 2023, 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 Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$303,000. Section 2. This Order shall take effect immediately. Carried Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, the Town Board approved the following Bond Resolution: I. A RESOLUTION AUTHORIZING THE ISSUANCE OF$303,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF 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 Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of$303,000; 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 Town Board July 19, 2023 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 Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, there are hereby authorized to be issued $303,000 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 $303,000, 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 $303,000 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 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. Town Board July 19, 2023 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. Carried 2. Notice of Public Hearing - Water District #1, Public Interest Order and Bond Resolution 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 19, 2023, 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 Water District No. 1 , in said Town, consisting of the Town's share of the cost of the following projects and expenses of the Westchester Joint Water Works being: a) the Rye Lake turbidity curtain ($168,200), b) Country Lane water main replacement ($252,500), and c) improvements to the Rye Lake Filtration Plant ($22,132,000), in each case including incidental improvements, equipment and expenses in connection therewith as applicable, at a maximum estimated cost of$22,552,700. It has been determined that said project is an Unlisted Action under the regulations promulgated under the State Environmental Quality Review Act, which it has been determined will not result in any significant adverse impact on the environment. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Purpose: On April 9, 2022, Governor Hochul signed into law a bill that adds section 103-a to the Public Officers Law. That amendment allows local communities when extraordinary circumstances exist, to expand the use of videoconferencing when conducting open meetings even when no emergency is declared. This local law adds a chapter to the Town Code that implements this amendment to the Public Officers Law. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org/. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: June 30, 2023 Moved by Councilman King, seconded by Councilwoman Katz, the Public Hearing was opened. Carried Supervisor Elkind Eney asked if anyone wished to comment on the proposed bonding. Town Board July 19, 2023 Councilwoman Fiddelman asked if we are doing the 22 million all at once or over time. Comptroller Tracey Yogman answered it will be financed. The bond resolution is for the entire balance due on the project, but we will only be bonding approximately 5.5 million for the next four years. Comptroller Yogman explained what the bond resolution is for, to complete the Rye Lake Filtration Project. This debt will be paid through water fees and not the tax levy. Moved by Councilwoman Nichinsky, seconded by Councilman Katz, the Public Hearing was closed. Supervisor Elkind Eney states that the Town's percentage total for the Rye Lake Filtration Plant is prorated and the Town of Mamaroneck has the smallest share at 16.7% of the total estimated cost of $138,000,000. Carried Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, the Town Board approved the following Public Interest Order: 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 Town's share of the cost of the following projects and expenses of the Westchester Joint Water Works being: a) the Rye Lake turbidity curtain ($168,200), b) Country Lane water main replacement ($252,500), and c) improvements to the Rye Lake Filtration Plant ($22,132,000), in each case including incidental improvements, equipment and expenses in connection therewith as applicable, at a maximum estimated cost of$22,552,700 and WHEREAS, at a meeting of said Town Board duly called and held on June 26, 2023, 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$22,552,700, 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 19, 2023, 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 Town's share of the cost of the following projects and expenses of the Westchester Joint Water Works being: a) the Rye Lake turbidity curtain ($168,200), b) Country Lane water main replacement ($252,500), and c) improvements to the Rye Lake Filtration Plant ($22,132,000), in each case including incidental improvements, equipment and expenses in connection therewith as applicable, at a maximum estimated cost of$22,552,700. Section 2. This Order shall take effect immediately. Town Board July 19, 2023 Carried Moved by Councilman King, seconded by Councilwoman Katz, the Town Board approved the following Bond Resolution: J. A RESOLUTION AUTHORIZING THE ISSUANCE OF $22,552,700 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. 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$22,552,700; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant adverse impact 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 Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the Town's share of the cost of the following projects and expenses of the Westchester Joint Water Works being: a) the Rye Lake turbidity curtain ($168,200), b) Country Lane water main replacement($252,500), and c) improvements to the Rye Lake Filtration Plant ($22,132,000), in each case including incidental improvements, equipment and expenses in connection therewith as applicable, there are hereby authorized to be issued $22,552,700 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 $22,552,700, 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 $22,552,700 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 each 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 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 Town Board July 19, 2023 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. Carried RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board and there was no one. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner King and seconded by Commissioner Katz the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky Town Board July 19, 2023 Carried 2. Fire Claims Moved by Councilman King, seconded by Councilwoman 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 totaling $11,961.92. See Attachment A. Carried 3. Fire Report - June Commissioner Elkind Eney read the Fire Report for the Month of June 2023, as follows: Alarm Type Number Generals 32 Minors 27 Stills 1 Out of Town (Mutual Aid) 1 EMS 55 Drills 3 TOTAL 119 Total number of personnel responding: 577 Total time working: 45 hours and 41 minutes. See Attachment B. 4. Other Fire Department Business Commissioner Elkind Eney thanked the Fire Department for responding to a structural house fire over the weekend which, although not yet determined, may have been hit by lightning. It was overnight, hot, and our fire fighters worked hard. No one was injured, she stated, which is always the best result, and the Commissioner thanked them for being there when we needed them. Commissioner Fiddelman agreed and added that the Fire Department did a good job cooking at the senior BBQ as well. There being no further business to come before the Fire Commission, on motion of Commissioner Katz, Seconded by Commissioner King, the Commission unanimously adjourned and the Town Board reconvened. Carried AFFAIRS OF THE TOWN OF MAMARONECK Town Board July 19, 2023 1. Authorization - Acceptance of Donation to the Town of Mamaroneck Senior Center Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby accepts the generous donation of $12,000 from The Garden Club of Larchmont to the Town of Mamaroneck to be used for landscaping work and a bench installed at the Senior Center Senior Center as outlined in the letter from Ms. Boyar dated June 28, 2023. Carried 2. Authorization - Acceptance of Donation to the Meals on Wheels Program Moved by Councilwoman Katz, seconded by Councilman King, it was RESOLVED that the Town Board hereby accepts the generous donation of $2,000 from the Larchmont Avenue Church to the Town of Mamaroneck to be used for the Meals on Wheels program as outlined in the letter from Kim Larsen dated June 28, 2023. Carried 3. Authorization - Acceptance of Donation for Memorial Garden at Memorial Park Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby accepts the generous donation of $20,700 from Barbara Ward to the Town of Mamaroneck to be used for the installation of a Memorial Garden as outlined in the letter from Ms. Ward dated June 30, 2023. Carried 4. Set a Public Hearing - Addition of Juneteenth to the List of Holidays in Chapter 219 of the Town Code Supervisor Elkind Eney stated that Juneteenth has been enacted as a Federal Holiday. Councilwoman Fiddelman asked if the code is correct. Attorney Maker answered it is code 219 not code 226, it is a typographical error. The Town Board discussed the code and which chapter the addition of Juneteenth it belongs in. Moved by Councilwoman Nichinsky, seconded by Councilman Fiddelman, it was RESOLVED that the Town Board hereby sets a Public Hearing for "Addition of Juneteenth to the List of Holidays in Chapter 219 of the Town Code" for the Town Board meeting on August 16, 2023. Carried 5. Set a Public Hearing - Update to Chapter 148 of the Code to prohibit smoking in Parks and Fields and to remove incarceration as a form of Punishment for violating Chapter 148 Town Board July 19, 2023 Attorney Maker explained this update to the code is to amend the actions that are prohibited in the Town's parks and fields to include smoking. This update will also expand the definition of "parks" to include areas outside of the ice rink and the Hommocks pool complex. This law will eliminate incarceration as a potential punishment but will include a protentional fine of up to $250. Councilman King applauded the Town's commitment to open spaces and moving forward on this initiative. Moved by Councilman King, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby sets a public hearing for "Update to Chapter 148 of the Code to prohibit smoking in Parks and Fields and to remove incarceration as a form of Punishment for violating Chapter 148" for the Town Board meeting on August 16, 2023. Carried 6. Award of Bid - TA-23-06 - East Valley Stream Bridge Replacement The Town Administrator explained how the East Valley Stream Bridge is the only access route to two homes. The bridge sustained significant damage during Hurricane Ida. Temporary repairs were made but the bridge needs permanent repairs. Since the damage was storm related, the Town has been in communication with FEMA to see if they will provide reimbursement. There has been no response yet from FEMA. The Town needs to move forward with the project while we negotiate with FEMA for funding. We are recommending that the award be made to ELQ Industries, who bid $793,821. Supervisor Elkind Eney asked how it works if we receive the reimbursement from FEMA. Administrator Robson answered that FEMA would determine the reimbursement amount. Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby awards the base bid for reconstruction of the East Valley Stream Road Bridge received and opened on May 12, 2023, to ELQ Industries in the amount of$793,821. Carried 7. Award of Bid - TA-23-10 — Myrtle Blvd Stone Archways Rehabilitation Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky RESOLVED that the Town Board hereby awards the bid for the Myrtle Boulevard Stone Archways Rehabilitation received and opened on June 22, 2023, to Arista Renovation in the amount of$85,000. Carried REPORTS OF MINUTES 1. Report of Minutes of June 26, 2023, Meeting. Moved by Councilwoman Katz, seconded by Councilman King, it was RESOLVED that the Town Board hereby approves the minutes of June 26, 2023. Carried REPORTS OF THE COUNCIL Councilman King Town Board July 19, 2023 • Attended a joint meeting with the Town Board and Recreation Department. Councilwoman Katz • Attended the concert at Memorial Park • Mentioned to check out the Larchmont Public Library website to see all the summer activities they have to offer. • Enjoyed the Fourth of July Parade and the Blessing of the Fleet. Councilwoman Fiddelman • Attended a Board of Architecture Review meeting. • Highly recommends going to the concert in the parks, a wonderful small-town event. Councilwoman Nichinsky • Enjoyed the Fourth of July Parade. • Attended a Housing Authority meeting. • On July 11th, attended a Sustainability Collaborative meeting. • Also attended the joint meeting with the Town Board and the Recreation Department. • On July 12th, attended a Planning Board meeting. TOWN CLERK'S REPORT The Town Clerk's office was recently approved to become an E-Z Pass on-the-go retailer. TOWN ATTORNEY'S REPORT Reminded everyone that the initial moon landing was 54 years ago, in 1969. ADJOURNMENT On motion of Councilwoman King, seconded by Councilwoman Katz, the meeting was unanimously adjourned at 8:46 pm. Carried NEXT REGULARLY SCHEDULED MEETING - August 9, 2023 Submitted by Allison May, Town Clerk Town Board July 19, 2023 Attachment A CTown of Mamaroneck From: Tracy Yogman-Town Comptroller Re: Fire Claims Date: July 19, 2023 The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Am unt White out,dry erase marker,iphone car charger,beverage Amazon.Com refrigerator,external threads,ceiling tiles,truck bracelets,labels $ 662.97 Champion Elevator Maintenance for month of July 2023 209.83 Con Edison Fire HQ Gas service 5/30-6/28/23 209.25 Foley Hardware Tire foam-parade 16.18 Grainger Thread insert,car wax,glass cleaner,water nozzle 132.93 Galls,LLC Clothing with Logo-C.Owen,k.Napolitano,J.Hecker 600.22 Home Depot Painting supplies,planters and plants 288.44 KRB Inc Frog tape,spray paint,tool box 68.30 Optimum Cable services 6/23-7/22/23 248.85 Ready Refresh Water Cooler Rental 5/19-6/18/23 182.96 ihr TOM Fire Dept Food for Engine OPS Drill 6/20/23 252.54 Unifirst Corporation Cleaning supplies 6/16,6/23,6/30/23 519.39 United Overhead Door Corp. Adjust overhead door limits on operator 400.00 Verizon Fire HQ service 5/9-6/9/23 280.30 Verizon Fire HQ service 6/9-7/9/23 280.20 Verizon TMFD 300M Fios Redundant circuit 6/25/2023 294.34 WJWW 205 Weaver St chgs 5/24-6/26/23 195.67 WJWW 6"Metered Fire Service 5/26-6/25/23 37.00 XRAM Ltd DBA: Landfall Navigation Firefighting Equipments-NYS Contract PC 69030 7,082.55 Total $ 11,961.92 • Page 67 of 124 Town Board July 19, 2023 Attachment B TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE "\P.Irr.71/ Headquarters CHIEF 205 WEAVER STREET LARCH MONT.NEW YORK 10538 WEAVER 834-2100 EMERGENCY 834-2101-NON EMERGENCY 834-2438 CHIEFS OFFICE STREET 834-0922-FAX WWW.TMFD.ORG ..1.00N) To: Board of Fire Commissioners From: Chief Thomas Broderick Date: July 01,2023 Re: Fire Report for the Month of June 2023 The following report outlines response to calls made during the month of June 2023. It summarizes the nature,the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals 32 Minors 27 Stills 1 Out of Town(Mutual Aid) 1 EMS 55 Drills 3 TOTAL 119 Total number of personnel responding: 577 Total time working: 45 hours and 41 minutes Respectfully S omas Broderick Town Board July 19, 2023 Attachment B (Cont'd) Incident Type Count Report Date Range: From 6/1/2023 To 6/30/2023 Selected Station(s):All Incident Count Type Description Station: EMS 5% 321 -EMS call,excluding vehicle accident with injury 54 10 54 46.5 6.5% Total-Rescue&Emergency Medical Service Incidents Total for Station 54 46.55% Station: HO 6% 113-Cooking fire,confined to container 1 1 0.8 0.8 1.61% Total-Fires 0.86%1 321F-EMS call,excluding vehicle accident with injury 1 0.86% 322F-Vehicle accident with injuries 9 .76% 2 7 0 324F-Motor vehicle accident with no injuries 353F-Removal of victim(s)from stalled elevator 13 2 7%1.72% Total-Rescue&Emergency Medical Service Incidents 412-Gas leak(natural gas or LPG) 2 1.72% 413-Oil or other combustible liquid spill 1 0.86% 423-Refrigeration leak 1 0.86% % 0.86 442-Overheated motor 1 1 0.86 Total-Hazardous Conditions(No fire) 3 2.59% 511-Lock-out 1 0.86% 520-Water problem,other 1 0.86% 553-Public service 0.86% 555-Defective elevator,no occupants 1 1 0.9.68% Total-Service Call 9% 611 -Dispatched&cancelled en route 3 3 2.5 2.5 4.84% Total-Good Intent Call 700-False alarm or false call,other 2 1.72% 710-Malicious,mischievous false call,other 1 0.86%1 0.86% 733-Smoke detector activation due to malfunction % 735-Alarm system sounded due to malfunction 5 4.2 1.72% 736-CO detector activation due to malfunction 3.45% 6 1. 740-Unintentional transmission of alarm,other 2 1.72% 743-Smoke detector activation,no fire-unintentional 4 12% 744-Detector activation,no fire-unintentional 745-Alarm system sounded,no fire-unintentional I I 34 5 9.48%4% Total-Fals Alarm&False Call Total for Station 62 53.45% 116 100.00% Page 1 of 1 Printed 07/02/2023 09:49:51