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HomeMy WebLinkAbout1985_10_02 Town Board Minutes 171 MINUTES OF THE REGULAR MEETINGS OF THE BOARD OF FIRE COMMISSIONERS AND THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 2ND DAY OF OCTOBER IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. CONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits Supervisor Battalia pointed out to those assembled the location of exits in the Auditorium as required by law for public gatherings. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:21 p.m. in the Auditorium. Present were the following representing all members of the Commission: Commissioner Dolores A. Battalia Commissioner Lee H. Bloom Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lawrence A. Lerman Also present were: Dorothy S. Miller, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Counsel to the Town 1. Claims Commissioner Bloom presented fire claims for authorization of payment and on his motion, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: Fire Fighter Richard C. Baumblatt $ 57.44 Fire Fighter Richard C. Baumblatt 53.00 R. G. Brewer 48.07 Con Edison 3.06 Con Edison 2.03 ESCO Exterminating Services Co. 20.03 Excelsior Garage 2,500.00 Excelsior Garage 941.42 -1- 172 Fire Fighter John P. Garofalo 85.00 Fire Fighter John P. Garofalo 60.44 S.J. Lagani Electric Co. , Inc. 2,000.00 Mamaroneck Garage, Inc. 32.50 New York Telephone Co. 67.76 New York Telephone Co. 985.75 NYNEX Information Resources 9.00 Portronix Communications 314.90 Printcraft 55.25 RAD Oil Company 382.56 RAD-COM, Inc. 119.25 Town of Mamaroneck General Fund 101.75 Town of Mamaroneck Professional Fire Fighters Assoc. 102.18 Westchester Joint Water Works 22.09 $7,963.48 ADJOURNMENT There being no further business to come before this Commission, on motion duly made and seconded, it was unanimously declared that this meeting be adjourned at 8:30 p.m. PUBLIC HEARING: Proposed Local Law - Amendment to Local Law No. 3-1970 Ethics Code On motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. Counsel Steven Silverberg briefed the Board on the contents of the proposed law as recommended by the members of the Board of Ethics and advised them of the required filing of a financial disclosure form to be executed by certain Town employees. Councilman Bloom acknowledged the presence of two members of the Board of Ethics, Carol Gristina and David Klein. Mr. Klein expressed his pleasure with the work accomplished by his Board and explained how and why the Board unanimously arrived at the decisions to recommend the proposed amendments. Councilman Bloom reiterated some of Mr. Klein's statements and clarified other aspects of the proposed amendments. Councilman Lerman pointed out that the disclosure statement would not be a part of the proposed local law so that it can be changed from time to time by resolution. On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Thereafter, on motion by Councilman Bloom, in light of the comments he made during the Public Hearing, seconded by Councilwoman Silverstone, the following resolution was adopted by unanimous vote of the Board: WHEREAS, this Town Board has met on this date, at the time and place specified in the Notice of Public Hearing to consider the adoption of proposed Local Law No. 12 and has heard all persons desiring to be heard thereon: -2- 1°73 NOW, THEREFORE BE IT RESOLVED, that this Board does hereby adopt Local Law No. 12 entitled "Amendment to Local Law No. 3-1970 -Ethics Code" and orders that said Local Law as adopted and herewith inserted, be made a part of the Minutes of this meeting. Local Law No. 12 - 1985 Amendment to Local Law No. 3 of 1970 Ethics Code The purposes of this amendment are to adopt and reflect the suggested changes made by the Board of Ethics of the Town of Mamaroneck with regard to the implementation of the Code of Ethics of the Town of Mamaroneck. The following sections of the Code of Ethics shall be amended to read as follows: Section 24-1. Legislative intent The Town Board of the Town of Mamaroneck recognizes that there are state statutory provisions mandating towns to codify rules and standards of ethical conduct for public officers and employees which, when implemented and adhered to, will further enhance public confidence in local government. It is the purpose of this local law to comply with state law and to establish standards of conduct for town employees, as hereinafter defined in Section 24-3; to provide for punishment for violation of such standards; and to create a Board of Ethics to render advisory opinions to the Town employees or the Town Board as provided for herein. Section 24-3. Definitions For the purpose of this local law, the terms used herein are defined as follows: TOWN - Any board, commission, district, council, or other agency, department, unit or subdivision thereof, of the government of the Town of Mamaroneck. TOWN EMPLOYEE - The Supervisor, Councilman, Councilwoman, Town Clerk, Town Justices, or other officer, volunteer, or employee of the Town of Mamaroneck, whether paid or unpaid, whether serving in a full-time, part-time or advisory capacity. No person, however, shall be deemed a Town employee solely by reason of being a volunteer fireman or civil defense volunteer. Section 24-4. Conflicts of interest --- A. No Town employee shall have any interest, financial or otherwise,direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature which is in substantial conflict with the proper discharge of his duties in the public interest. -3- 174 B. On or before January 31 of each year or within thirty days of becoming an employee, employees listed in Paragraph D. of this Section, or any other employees, within thirty days of a request to do so by the Town Administrator shall file a disclosure statement setting forth the nature of all employment, property ownership, and financial holdings with the Town Supervisor on a form prescribed by the Town Board. Such forms shall be maintained as confidential by the Supervisor, unless they disclose an apparent conflict of interest, in which case a copy of such disclosure form shall be forwarded to the Board of Ethics with a request for an advisory opinion as to whether or not a conflict of interest does exist. A copy of such request for an advisory opinion shall be forwarded by regular mail to the employee involved. C. Within thirty days of becoming an employee or on or before January 31 of each year, each employee shall file a statement, on a form prescribed by the Town Board, indicating that he or she has read the Code of Ethics, understands the Code of Ethics, and that he or she has not violated the Code of Ethics in any manner which has not been disclosed previously. D. Individuals holding the following positions shall be required to file disclosure statements pursuant to Paragraph B. of this Section: Supervisor, Town Council members, Town Clerk, Town Justices, Town Administrator, Superintendent of Highways, Superintendent of Recreation, Building Inspector, Assistant Building Inspector, Fire Chief, Deputy Fire Chief, Fire Inspector, Police Commissioner, Chief of Police, Comptroller, Deputy Comptroller, Deputy Town Clerk, Director of Public Housing, Public Housing Administrator, Senior Engineering Aide, Assessor, Real Property Appraiser, General Foreman, Planning Board members, Zoning Board of Appeals members. Section 24-6. Violations In addition to any penalty contained in any other provisions of law, any such Town employee who shall knowingly and willfully violate any of the provisions of this local law shall be guilty of a violation and may be subject to a fine of up to two-hundred-fifty ($250.00) dollars and/or imprisonment of up to fifteen days in jail and shall be further subject to suspension or removal from office or employment in the manner provided by law. Any person who shall knowingly and willfully violate any of the foregoing provisions of this Code shall, upon conviction thereof, forfeit employment with the Town of Mamaroneck. Section 24-8. Functions of the Board of Ethics A. The Board of Ethics established hereunder shall render advisory opinions to Town employees upon their written request and/or the Town Board upon its written request, in which case a copy of the Town Board's request shall be served by regular mail upon the employee involved. -4- 17 B. Such requests for an advisory opinion shall be followed by a personal conference with the employee, if requested by the employee or the Board of Ethics. C. Upon request of the Town Board, the Board of Ethics shall make recommendations to the Town Board as to any amendments of this local law. D. The opinions of the Board of Ethics shall be advisory and confidential, and in no event shall the identity of the Town employee be disclosed, except in such cases where the request for an opinion has been made by the Town Board, in which case the opinion shall be filed with the Town Board. E. All opinions of the Board of Ethics shall be rendered only after consultation with the Attorney for the Town and thereafter shall be filed with the Attorney for the Town. This local law shall take effect immediately. AFFAIRS OF THE TOWN 1. Update-Westchester County Refuse Agreement Supervisor Battalia reviewed the long-lasting negotiations with the County on the above-mentioned matter and spoke of her recent appearance with Mayor Curnin before several caucuses of the County Legislature. She also noted that at a recent meeting of the Joint Sanitation Commission a resolution was adopted to solicit bids for environmental improvements to the Town yard. Mrs. Battalia expressed her disappointment that even though both Village Boards approved the agreement, the County has refused to sign the agreement, indicating that the problem is with the Village of Mamaroneck contract as well as other communities. Some discussion followed during which the question arose as to how other municipal contracts become relevant to that of the Town. Mrs. Battalia gave further clarifications of the impact of Mr. Davies' leaving on the ongoing negotiations. 2. Authorization - Agreement with the N.Y.S. Office of Parks and Recreation re Funding-Improvements to Memorial Park Following Mr. Altieri's review of the improvements to be made to Memorial Park and his explanation of the source of the funds for the project, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to execute the agreement with the New York State Office -- of Parks and Recreation with respect to the funding of the improvements to Memorial Park; and be it further RESOLVED, that this Board hereby authorizes the Administrator to retain TPA services as consulting engineers for the proposed improvements to Memorial Park. -5- 176 3. Report re Hurricane Gloria Mr. Altieri gave a brief description of the plan established and also a status report on Hurricane Gloria's effect on the Town, noting that even though it was not the dangerous storm predicted, it afforded the Town an opportunity to set up an emergency response plan. He reviewed the makeup of the emergency decision team, its functions and its meetings. He also noted that the overtime cost during Hurricane Gloria amounted to $6,768.00. He further stated that the team will meet again and review its procedures with respect to preparedness for response to any future emergencies. 4. Discussion of Litter Law The discussion of the Litter Law was initiated by Counsel Steven Silverberg, who spoke of substantial changes that have been made and noted that the proposed law would be in two parts. Questions were posed with respect to unsolicited materials and their distribution as well as duplication of ordinances already in existence and the enforcement thereof. 5. Set Date for Public Hearing - Proposed Local Law-Tax Abatement for Rent Controlled and Rent Regulated Properties by Senior Citizens A lengthy discussion followed Mr. Silverberg's description and review of provisions of the proposed law: Councilman Bloom's comments as to the appropriate administration for senior citizens' benefit and Councilwoman Silverstone's explanation of the procedure to be followed. Thereafter, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby sets November 6, 1985 as the date for a Public Hearing on a proposed local law relative to tax abatement for rent controlled and rent regulated properties by senior citizens; and be it further RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said Hearing as required by law. 6. Appointment - Town Representative to the Community Development Advisory Group (CDAG) Supervisor Battalia reported that she has been fortunate in obtaining for a limited time the services of former Supervisor, Christine Helwig, and thereupon, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby appoints Christine K. Helwig of 2 Seton Road, Town, as the Town of Mamaroneck's Representative to the Community Development Advisory Group. -6- 17,E 7. Salary Authorization - Recreation On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Al Wollen and Sam Gibbons, Hommocks Ice Rink Set-up Laborers, be compensated at the rates of $6.00 and $5.00 respectively, effective October 1, 1985; and be it further RESOLVED, that Larry Armstrong, James Greco, Dean Reban, and Richard Rella, Senior Recreation Leaders in the Open House Program, be compensated at the rate of $30.00 per session effective October 11, 1985; and be it further RESOLVED, that Cathy Cilento, Senior Recreation Leader in the Women's Fitness Program, be compensated at the rate of $40.00 per session, effective October 11, 1985; and be it further RESOLVED, that Cindy Owen, Recreation Assistant in the Women's Fitness Program, be compensated at the rate of $30.00 per session effective October 11, 1985; and be it further RESOLVED, that William Reilly (Interim Teen Center Director) , Senior Recreation Leader, be compensated at the rate of $80.00 per week, effective retro- active to September 4, 1985 replacing James McNerney; and be it further RESOLVED, that Libby Goldiner, Program Assistant in the Teen Training Program Youth Advocate Program be compensated at $8.00 per hour effective retroactive to September 30, 1985, replacing Evelyn Shorr who resigned as of September 27, 1985. WRITTEN COMMUNICATIONS There were no written communications to come before the Board. ORAL COMMUNICATIONS There were no oral communications to come before the Board. -7- 178 PROCLAMATION - United Nations Week-October 20-26th, 1985 On motion by Councilman Bloom, seconded by Councilman Amlicke, the following proclamation was issued: P R O C L A M A T I O N WHEREAS, the United Nations Charter came into force forty years ago on October 24, 1945; and WHEREAS, the fifty-one nations then assembled pledged themselves to work together to save succeeding generations from the scourge of war, to reaffirm faith in fundamental human rights, to promote social progress and better standards of life, to practice tolerance, and to live together in peace; and WHEREAS, the United Nations and its agencies have played a major role in eradicating dreaded disease, marshalling emergency aid in flood and famine, focusing world attention on human rights and human concerns,and in reducing and controlling the level of confrontation wherever the parties to conflict have permitted them to do so; and WHEREAS, the principles upon which the United Nations was founded are of even greater importance to the one hundred and fifty-nine member nations of the United Nations today than they were forty years ago; and WHEREAS, the capacity of the United Nations to fulfill its objectives depends upn the willingness of member states to work together in this international body; and WHEREAS, the resumption of high level discussions in a variety of subject areas between the USSR and the United States provides an opportunity for major strides towards the objectives of the Charter; and WHEREAS, the people of the Town of Mamaroneck join with all peoples everywhere in seeking the fulfillment of those objectives; NOW, THEREFORE BE IT RESOLVED that I, DOLORES A. BATTALIA, Supervisor of the Town of Mamaroneck, do proclaim the week of Sunday, October 20, to Saturday, October 26, 1985, to be UNITED NATIONS WEEK in the Town of Mamaroneck and order that, for that period, the United Nations flag be flown from the Town flagpole; and I further urge all citizens of the Town to support and participate in these anniversary goals. NOW, THEREFORE BE IT FURTHER RESOLVED, that a copy of this resolution be spread on the official records of the Town of Mamaroneck Adopted by the Town Board of the Town of Mamaroneck on the 2nd day of October, 1985. Dolores A. Battalia, Supervisor Town of Mamaroneck -8- 179 NOT ON THE AGENDA PROCLAMATION - Coastweek On motion by Councilman Lerman, seconded by Councilwoman Silverstone, the following proclamation was issued: P R O C L A M A T I O N WHEREAS, the Town of Mamaroneck's location on the shores of Long Island Sound has provided varied recreational opportunities, scenic vistas, and a rich historic heritage to our community; and WHEREAS, the natural resources of our coastal zone contribute to the economic viability of the Town and the quality of life of its residents; and WHEREAS, we recognize that preservation of the delicate ecological balance within the coastal zone requires constant vigilance and effort; and WHEREAS, we are aware of multiple factors that threaten the preservation of our coastal zone for present and future generations; and WHEREAS, we are committed to the wise management of our coastline so as to assure its preservation; NOW, THEREFORE BE IT RESOLVED, that the week of October 6th through the 12th, 1985, be proclaimed COASTWEEK throughout the Town of Mamaroneck, and all citizens be encouraged to take cognizance of this event and participate fittingly in its observance. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 2nd day of October, 1985. Dolores A. Battalia Supervisor for the Town of Mamaroneck -9- ISO NOT ON THE AGENDA Administrator Stephen Altieri explained the circumstances relative to the reasons for seeking quotations for insurance on the ice rink. He enumerated the amounts of the quotes received thus far and some discussion ensued concerning whether the realm of $100,000.00 should be expended for such insurance. It was suggested that work on the rink and the opening be delayed until this matter is investigated further. At this time, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby sets Saturday, October 5th, 1985 at 9:30 a.m. at the Town Center, as the date, time and place for a Special Town Board meeting to discuss and review the progress of the Town Center Building and insurance for the ice rink. THE SUPERVISOR Reports Supervisor Battalia reported: a) that we are still in the midst of a serious drought and proudly announced that the Westchester Joint Water Works is #2 in the County in water conservation. b) that the meetings with the two Villages are continuing to move along with respect to the idea of shared services and enumerated those services being looked into: administration of health insurance plans, central purchasing, storing of supplies and shared administration of assessment and tax collection. She added that the two Village's Council on the Arts will be meeting to explore the joint sharing idea and we wiilalso be looking into the School District's manner of purchasing their fuel oil. c) on a meeting with members of the Larchmont Garden Club and the decision to form a beautification committee to include Frank Claps of 136 Laurel Avenue, Henry Rothman of 22 Lafayette Road and Harold Epstein of 5 Forest Court, Peggy Perrin of 5 Rockland Avenue and Christine Schellhammer of 166 Rocky Road. She asked Stephen ALtieri to set up an organizational meeting of this group with Mr. Leddy. d) that the Substance Abuse Task Force will meet again on October 8th and noted that the Rotary will be helping to raise money for the Task Force's projects and that $1,000.00 has been received from the United Way as seed money to get the parent pledge project under way. She further noted that the substance and alcohol abuse awareness week project will be held in April 1986. e) on the meeting that she held with Congressman DioGuardi, Assemblyman Tocci, Senator Oppenheimer, Legislator Keane and the Commissioner and Deputy Commissioner of the Department of Social Services with regard to the housing of homeless in Westchester County and in particular in the Town of Mamaroneck. She further noted that none of the aforementioned individuals had met jointly prior to this with respect to the problem of the homeless. Some discussion followed with respect to the urgency of calling such a meeting. -10- 18 f) that the Sound Shore Junior League has invited her to speak at one of their meetings since they are anxious to adopt and fund a worthy project. g) on the honor bestowed on Jim Johnston recently by Larchmont Village and offered him her congratulations. h) that she has attended an Orienta Point Association annual picnic. REPORTS OF THE COUNCILMEN AND THE COUNCILWOMAN Councilman Bloom: a) reported that he had an expert look at the piano in the auditorium of the Weaver Street Firehouse who advised that the problem is too expensive and overwhelming and suggested that someone donate a piano for this room. b) questioned the status of the construction at the Murray/Myrtle/ North Chatsworth intersection and Mr. Altieri answered that a meeting was held there almost two weeks ago and Mr. Leddy projected that it would be three to four weeks before the initial construction would begin. An extensive discussion followed comments by a resident about major construction taking place in more than one location now that school is open and bad weather may be upcoming. Clarifications were made by Councilman Bloom and the Administrator. Councilman Amlicke asked that the C.A.C. present their recommendations relative to recycling at the first meeting in November. Councilwoman Silverstone: a) reported on the progress of the Joint Town-Village Planning Group. b) reported that she and Supervisor Battalia assisted in the distribution of surplus food recently. At this time the Supervisor reminded everyone of the 325th Anniversary kickoff celebration to be held on Saturday, October 5th. ADJOURNMENT Since there was no further business to come before this Board, on motion duly made and seconded, the meeting was declared adjourned at 11:25 p.m. Town Clerk -11-