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HomeMy WebLinkAbout1972_03_01 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MARCH 1st, 1972, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. ROLL CALL Present: Supervisor Helwig Councilman Faiola Councilman Vandernoot Councilman Bloom Absent: Councilman White Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Highway Superintendent APPROVAL OF MINUTES The minutes of the regular meeting of February 16th, 1972 were presented and on motion duly made and sec- onded, approved as submitted. OPENING OF BIDS - Street Lighting Equipment The Clerk presented the Affidavit of Publication of the Notice for Bids for the record, and upon opening the bids noted that these particular bids listed a tremendous number of single small detailed items with no bulk price stated, therefore inquiring as to the procedure to be followed as to reading. The question was referred to the Attorney who advised that the Clerk should at this time read aloud the names of the bidders and that the bids themselves should be referred to the Engineering Aide, Comptroller, and himself for examination and preparation of an analysis and tabulation to be submitted to the Board at its next meeting. The Clerk thereupon stated that bids had been submitted by General Electric Supply Company, 175 Tarrytown Road, White Plains, New York; Metropolitan Electrical Supply - 1 - Corporation, 10-40 Borden Avenue, Long Island City, New York; Westinghouse Electric Supply Company, 29-50 Northern Boulevard, Long Island City, New York and White Plains Electrical Supply Company, Inc. , 131 East Main Street, Elmsford, New York, with the non collusive statement signed in each instance. He then noted that two of the bidders were present this evening and in- quired when they, or any interested party, could examine the bids. The Attorney, in answer, replied that the bids should be available for examination immediately upon completion of their tabulation. OLD BUSINESS 1. Report - Sheldrake River Flood Area A report of the meeting held on February 24th re the Sheldrake River Flood Program addressed to the Super- visor by the Senior Engineering Aide on February 28th, 1972 was herewith presented and ordered received and filed. The Supervisor further reported that subsequent to this meeting the Town had formally requested the Water Control Division of the Department of Environ- mental Control that it ask for a study to be made by the Army Engineers, to which no reply had been received as of this date. NEW BUSINESS 1. Salary Authorization Recreation Pursuant to memorandum of the Superintendent of Recre- ation under date of February 17th, 1972 herewith pre- sented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that as recommended by the Recreation Commission, this Board hereby authorizes that William Ackerman be and he hereby is engaged as a Life - Guard, effective February 1st, 1972, and to be compensated at the rate of $2.00 per hour. 2. Authorization Emergency Overtime - Police Pursuant to memorandum of the Police Commission under date of February 16th, 1972, herewith presented and ordered received and filed for the record, on motion by Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that as approved by the Board of - 2 - Police Commissioners, this Board hereby authorizes payment of Emergency Overtime Compensation to the following officers of the Town of Mamaroneck Police Department for the number of hours set forth for each covering the period from December 7th, 1971 to February 10th, 1972: Hours Name 1971 1972 Sgt. McClintock 0 2 if O'Rorke 0 8 " Silvestri 2 3 " Loveley 122 0 Det. Sgt. Barasch 10 62 Det. Mahoney 142 3 " Mulcahy 14 82 " Perritano 62 3 Ptl. Baumblatt 112 6 " Diamond 2 0 " DeVico 3 13 " Giacomo 22 2 " Gerace 4 0 n Coy 0 1 " Costello 0 2 " Fuller 0 8 " Garrison 0 92 " Knox 0 22 it Adamo 0 2 " Anderson 0 3 -- " Munch 4 0 " Nardelli 3 3 " Passafume 52 112 " Vitro 3 1 Total 98 97 Grand Total 195 hours 3. Authorization - Publication of Annual Report of Supervisor 1971 Pursuant to memorandum of the Comptroller under date of February 25th, 1972, herewith presented and ordered received and filed, on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that authorization is hereby granted to file the Annual Report of the Supervisor for the year 1971 and publish same in the official newspaper of the Town of Mamaroneck, "The Daily Times", in accord- ance with paragraph 29 of the Town Law as amended by the addition of sub-division 10A. 4. Authorization to Borrow $160,000. Tax Anticipation Notes Pursuant to memorandum of the Comptroller under date of March lst, 1972, herewith presented and ordered received and filed for the record, on motion by - 3 - ....... ..... Councilman Faiola, seconded by Councilman Bloom, it was unanimously RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York as follows: Section 1. Subject to the provisions of the Local Finance Law, the power to author- ize the issuance of and to sell not exceed- ing $160,000. Tax Anticipation Notes of the Town of Mamaroneck, Westchester County, New York, in anticipation of the collection of real estate taxes levied for Town purposes for the fiscal year of said Town, commencing January 1st, 1972, is hereby delegated to the Supervisor of said Town, the Chief fiscal officer thereof. 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 2. This resolution shall take effect immediately. 5. Appointment of Police Commissioner Mr. Albert Giordano, Jr. Following the Supervisor's reminder of the vacancy existing on the Commission due to Judge Lee P. Gagliardi's resignation on the occasion of his appoint- ment to the Federal District Court bench, Councilman Bloom, after paying high tribute to Judge Gagliardi on his singular honor and remarking on how very much he would be missed, stated that he was indeed privileged to place the name of Albert Giordano, Jr. , a resident of the Town since 1963 and an Attorney by profession, in nomination to be appointed to fill this vacancy. He then reviewed at some length Mr. Giordano's background and particular experience so aptly qualifying him to serve in this delicate and important post, and with great pleasure since in reply to the Chair's query there were no further nominations, moved his appointment. The motion was seconded by Councilman Vandernoot and Councilman Faiola as well (Councilman White being absent) with the following resolution thence unanimously adopted: RESOLVED, that Albert Giordano, Jr. of 12 Cooper Lane, Larchmont, New York, be and he hereby is appointed a member of the Board of Police Commissioners of the Town of Mamaroneck, said appointment to be effective immediately and to terminate at the pleasure of the Board; -- and be it further RESOLVED, that Mr. Giordano be notified accordingly with the Supervisor on behalf of the Board wishing him well in his new responsibility. 4 - 6. Designation of Date Tax Lien Sale Pursuant to memorandum of the Receiver of Taxes under date of February 28th, 1972, herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Bloom, --- it was unanimously RESOLVED, that the Supervisor be and she hereby is authorized to designate May 17th, 1972 as the date of the annual tax lien sale. 7. Resolution Amending Organization Meeting Re: Police Salaries The Supervisor explained that an agreement with the P.B.A. had not been reached and initialed until January 19th, 1972 thereby necessitating the amendment of the minutes of the Organization meeting on January 5th, 1972 with respect to salaries for the Police Department. Accordingly, pursuant to the memorandum of the Comptroller under date of February 29th, 1972, herewith presented and ordered received and filed, on motion by Councilman Vandernoot, seconded by Councilman Bloom, who added as a point of information that adequate funds had been pro- vided in the 1972 Budget to cover the adjusted salaries, it was unanimously RESOLVED, that that portion of the resolutions adopted on January 5th, 1972 referring to the salaries of the Police Department Competitive Class and the affected line items of the Town of Mamaroneck Compensation Plan for the year 1972 as stated in the aforesaid meeting of January 5th, 1972, be and they hereby are amended so as to read as follows: 3. Appointment of and Salaries of Civil Service Employees a) Competitive Effective Effective 1/1/72 to 7/1/72 to Name Title 6/30/72 12/31/72 James V. Staropoli Prov. Police Chief $ 16,660. $ 16,860. Edward A. Bakker, Jr. Police Sergeant 11,985. 12,185. David P. Mc Clintock if IT 11,985. 12,185. Frank J. Silvestri " 11,985. 12,185. William A. Federice " " 11,985. 12,185. * Christopher Lovely " " 12,285. 12,485. William H. O'Rorke " " 11,985. 12,185. Robert M. Barasch Police Det. Sgt. 12,500. 12,700. Thomas R. Mahoney Police Detective 11,400. 11,600. Ralph Perritano 1 " 11,400. 11,600. George C. Mulcahy if " 11,400. 11,600. Nicholas Giacomo Police Patrolman 10,885. 11,085. Anthony J. Liftieri " " 10r885. 11,085. John T.Costello 10,885. 11,085. Peter Diamond 10,885. 11,085. 5 _ ..-_............. ....... Effective Effective 1/1/72 to 7/1/72 to Name Title 6/30/72 12/31/72 Anthony F. Ambrosovitch Police Patrolman $10,885. $11,085. Arthur Leviness, Jr. IT " 10,885. 11,085. Thomas A. Vitro if " 10,885. 11,085. Frank A. DeVico " " 10,885. 11,085. William E. Coy " " 10,885. 11,085. Vincent R. Garrison " " 10,885. 11,085. Charles S. Baumblatt " " 10,885. 11,085. Robert Fuller " " 10,885. 11,085. Paul P. Adamo " " 10,885. 11,085. Joel M. Greenstein " " 10,582. 11,085. John C. Anderson, Jr. IT 10,582. 11,085. Robert J. Hutcheon it " 10,582. 10,782. Carmine L. Catapano " " 10,582. 10,782. Peter Cirardi 10,279. 10,479. Louis A. Mosiello " 10,279. 10,479. Anthony R. Gerace " " 10,279. 10,479. Robert F. Knox it IT 9,976. 10,176. Joseph Passafume " " 9,976. 10,176. Michael A. Nardelli " " 9,976. 10,176. P. A. Munch it " 9,673. 10,176. J. Thompson, Jr. It " 9,673. 10,176. 11. Amendment of Compensation Plan Effective Januxylst, 1972 Maxi- Incre- Title of Position Minimum Step 2 Step 3 Step 4 $mum ment Police Chief -- -- -- -- 16,860. Police Lieutenant -- -- 12,185. -- _ Police Sergeant -- -- __ 12,700. Police Det. Sgt. -- -- 11,600. Police Detective -- -- -- --- -;*Police Patrolman 9,673. 9,976. 10,279. 10,582. 10, 885. 303. *`-Police Patrolman 9,873. 10,176. 10,479. 10,782. 11,085. 303. Includes $300. longevity for 30 years of service ** Effective January 1st, 1972 - June 30th, 1972 ** Effective July lst, 1972 - December 31st, 1972 Upon recognition by the Chair, Messrs. Peter D. Mosher and John R. Falvella addressed the Board questioning the cost to the tax payers of the Police increases and fringe benefits granted and how they were negotiated, with Mr. Falvella particularly questioning any increase in fringe benefits granted in government since in labor negotiations in business, increases in fringe benefits did not automatically accompany salary increases but constituted a separate negotiation tool which was very costly. The Supervisor briefly described the procedures used in the current negotiations and suggested to both Mr. Mosher and Mr. Falvella that if they still had questions, they talk to Councilman Vandernoot since he had represented the Board in all of this year's negotiations. - 6 - COMMmiCATIONS 1. Invitation - V. A. C. Open House An invitation addressed to the Board by Dr. Joseph M. Roth, President of the Volunteer Ambulance Corps - to an Open House commemorating the official launch- ing of the new Town of Mamaroneck-Village of Larch- mont V.A.C. to be held on March 19th from 2 to 5_p.m. ` at the American Legion Hall in Flint Park, was herewith presented and ordered received and filed for the record. The invitation also outlined the proposed plans of the Association and stated that if there were any inquiries, they could be addressed to the Association at P.O. Box 27, Larchmont 10538. After Dr. Roth, Mrs. Mary Curtis, Mr. Mosher and Mr. Andrew S. Landau, all members of the Association, described the proposed program and work of the Corps in great detail, Dr. Roth referred to the Association's disturbance and upset upon learning that the Board could not honor its commitment for the use of some office space in the Court House building, which he said he found difficult to believe, asking if this was the truth? Mrs. Helwig replied that it was true and briefly reviewed the circumstances which obtained in this instance, adding that the Board was also disturbed and upset to find that in its anxiety to do everything possible to assist the Corps, it had acted too fast in granting the use of any part of the Court House building proper in the absence of the Town Attorney. Dr. Roth then asked, since this was the case, whether it would be possible to have a clarification at this time from the Attorney, which Mr. Johnston gave in accordance with the Supervisor's request. Mr. Landau then explained the urgency of the need for this space not only for an office but for storage space for materials without which the Corps could not function and thereupon after hearing further statements from Jerry Reynolds, Mrs. Joan Porrazzo, and other members of the Corps, the discussion closed with the Supervisor assuring all present that every effort would be made to find a solution as quickly as possible to this distress- ing and difficult situation to all concerned. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered received and filed: Report of the Town Clerk for the month __. of February 1972. Report of the Receiver of Taxes and Assess- ments for the month of February 1972. 7 - Report of the Westchester Shore Humane Society, Inc. for the month of Febru- ary 1972. Report of the Municipal Dog Patrol for the month of February 1972. The Supervisor -- 1. Ground Breaking - M.T.A. The Supervisor announced the Ground Breaking Ceremony to be held by the M.T.A. in Mount Vernon tomorrow afternoon, advising that a set of the plans for the proposed construction of the new station at Larchmont were in her office and available to any interested parties. In reply to questions, she stated that she believed the work on the Larchmont Station was expected to start around the end of March and to be finished by the end of August. The Councilmen -- Mr. Faiola -- 1. Report on Radios - Highway Equipment Councilman Faiola stated that he was indeed happy to report after a five-year struggle to obtain a radio frequency for the Highway Department, that it had been obtained and that the installation of the equip- ment was about completed which had proved to be a great time saver, a great gas saver, and a great promoter of increased efficiency. Mr. Mosher, upon recognition, stated that he would like to highly commend the Highway Department for its work in last Wednesday night's bad storm, for which comment both the Supervisor and Mr. Aitchison, the Highway Superintendent, expressed their thanks and appreciation. Mr. Vandernoot -- 1. Report on Renewal of Borrowing Bond Anticipation Note $128,500. For the Board's information, Councilman Vandernoot -- reported that renewal borrowing of the Bond Anticipation Note in the amount of $128,500. for the property at the corner of Palmer and Weaver had been purchased by the First National City Bank at 2.44%. - 8 - Mr. Bloom -- 1. Revision of Bylaws and Rules of Procedure Board of Ethics Mr. Bloom reminded the Board that the Board of Ethics had drafted proposed Rules and Regulations, a copy of which _ had been given to each of the members of the Board some- time ago for his consideration and suggestions, if any. Since as of this date, he continued, no suggestions or _ . comments had been offered, he would like to request ap- proval of the Rules as submitted if such action was in order at this time. Councilman Faiola stated that he would like to call to at- tention that he had stated before that he felt the Local Law establishing the Code of Ethics which the Board had adopted needed to be reviewed to see if changes should be made in Section 3(j) relating to gifts. In replying to Mr. Faiola, Mr. Bloom stated that cer- tainly there had been a great deal of misunderstanding about this Section which he knew the Ethics Committee was hoping to clarify in the very near future. This mat- ter however he pointed out was in no way related to the action he had requested the Board to take this evening and which he again therefore requested at this time. Mr. Faiola then assured Mr. Bloom that he was satisfied and that he had no question about the Rules and Regula- tions per se. -- Whereupon Councilman Bloom moved the approval of the Rules and Regulations as herewith presented, which mo- tion was seconded by Councilman Vandernoot. Upon recognition by the Chair prior to action on the mo- tion, Mrs. Mary Curtis inquired about the Y.B.A. solici- tation since she said she understood this kind of solici- tation had been ruled illegal several years ago. In reply to this question Councilman Bloom explained that the present P.B.A. solicitation had been approved in ad- vance by the Board of Police Commissioners under the Rules and Regulations adopted by the commission which had appointed a Board of Trustees to administer the funds so collected. And thereupon, since in reply to the Supervisor's query there were no further questions and the Board signified that it was ready to act on the motion, the following resolution was adopted by unanimous vote of the Board, all members thereof being present and voting "aye" ex- cept Councilman White who was absent and therefore not voting: - RESOLVED, that this Board hereby approves the "Rules and Regula- tions of the Board of Ethics" as adopted by that Board and as herewith appended. (see next page) 9 - BYLAWS AND RULES OF PROCEDURE of the BOARD OF ETHICS OF THE TOWN OF MAMARONECK Section 1. Authority These Bylaws and Rules of Procedure of the Board of Ethics of Town of Mamaroneck (hereinafter referred to as The Board) are adopted pursuant to Article 3, Section 3 Local Law No. 3-1970 (Code of Ethics) of the Town of Mamaroneck. Section 2. Meetings A. Regular meetings of The Board will be held at the Weaver Street Firehouse, Larchmont, on the first Tuesday of each calendar quarter. B. Since The Board will make every effort to render opinions to Town employees promptly, special meetings may be called as necessary to facilitate prompt action. C. At the discretion of The Board any meeting may be held at uch place em other than the Weaver Street Firehouse as The Board may appropriate D. At any meeting, a majoritNyk of The Board shall constitute a quorum for the transaction of business. Section 3. Chairman The Board shall elect a Chairman from among its own members who shall conduct all meetings of The Board, and to whom communications with The Board shall be directed, and who shall determine the date and time of special meetings. The Chairman shall be responsible for keepingNtecords of all matters brought before The Board which will include copies of meeting minutes, and copies of correspondence to and from Town employees who have requested opinions from The Board. The Chairman shall appoint a Secretary whose function t d approval. The Secretarywillp Board's app also the minutes of the meetings for The maintain other records as necessary and designated by the Chairman, and shall call special meetings as necessary in the absence of the Chairman. Section 4. Advisory Opinions A. Any officer or employee of the Town may request an advisory opinion from The Board as to whether any matter or transaction with which such officer or employee is involved, is or would be in violation of the Code of Ethics. All requests for advisory opinions shall be in writing directed to the Chairman of The Board of Ethics and shall set forth all of the facts pertaining to the matter upon which an advisory opinion is sought and copies of any documents, letters, and/or other relevant material which may have a bearing upon the matter of inquiry. The Board shall be advised on or before its next regular or special meeting of all such requests for advisory opinions and The Board shall determine whether it requires additional facts with respect to such inquiries. The Bppearancea e appearance for any further information it deems relevant and may request thial The s Board, so t thattThelBoard cantdevelop lall aOfa the gfacts uponewhich ittwill f reating to render its advisory opinion. 2. Appointments to Board of Ethics Councilman Bloom advised the Board that Mrs. Pierce McCreary's term of office on the Board of Ethics was expiring, and thereby recommended her reappointment to succeed herself which he so moved. The motion was seconded by Councilman Vandernoot and the following resolution thereupon unanimously adopted: RESOLVED, that this Board hereby reappoints Mrs. Pierce McCreary a member of the Board of Ethics of the Town of Mamaroneck to serve for a two-year term of office effective on March 19th, 1972 and terminating on March 18th, 1974; and be it further RESOLVED, that Mrs. McCreary be so notified. Councilman Bloom then reminded the Board that under the State Law and our Code one of the members of the Board of Ethics must be an employee of the Town. He stated that he had agreed to serve for one year and then when requested, agreed to serve a- gain which he said he was finding extremely difficult because of his business pressures. He explained that the procedure followed by the' Board of Ethics was to advise with employees on a confiden- tial basis which could require quite some time, as he was sure was understandable, in addition to availability for such consultation. He further said that the Board had considered several members of the Town staff all excellently qualified to take over this post and that it was indeed with great pleasure that he recommended - Mr. William T. Aitchison who had designated his willingness to assume this post and whose appointment he then moved, to fill the vacancy which his resignation herewith tendered created. The motion was seconded by Councilman Vandernoot with thanks and appreciation to Mr. Aitchison for his willingness to serve, and thereupon it was unanimously RESOLVED, that this Board hereby appoints William T. Aitchison, Highway Superintendent of the Town of Mamaroneck, a member of the Board of Ethics of the Town of Mamaroneck to serve for a two-year term of office effective as of March 19th, 1972 and terminating on March 18th, 1974; and be it further RESOLVED, that Mr. Aitchison be so notified with the Board's thanks and appreciation and that Councilman Bloom be thanked for his year and two months of in- valuable service as a member of this Board at tremen- dous personal sacrifice. Mr. White -- 1. Report of Date for Special Meeting Recreation Commission re Ball Field The Supervisor explained that Mr. White was absent due to being ill with the flu and reported for him that the date for the special meeting with the Recreation Commission concerning provision of a ball field for the Bahe .Ruth League as was requested at a previous meeting of this Board, had been fixed for Monday evening, March 6th, - 11 - .-.. __............ . Mr. Mosher - Mr. Mosher, upon recognition, again inquired about the Unified Code with the Attorney replying that it was presently being proof-read and perhaps would be completed within a month or so. - - ADJOURNMENT There being no further business to come before the meet- -- ing, on motion duly made and seconded, it was declared adjourned at 9 :30 p.m., to reconvene on March 15th, 1972. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was con- vened immediately upon the adjournment of the Town Board meeting. 1. Claims Upon presentation for authorization of payment by Com- missioner Faiola and on his motion, seconded by Commis- sioner Vandernoot, it was unanimously RESOLVED, that the following Fire Department claims be and they hereby are approved, and the Supervisor and Comptroller authorized to pay the same out of the Fire Department budget: Best Uniform Company $120.60 Con Edison 154.77 Dri-Chem Extinguisher Co. 65.00 Exterminating Services Corp. 7.00 Helmut Kappelmann 12.00 New York Telephone 12.32 New York Telephone 135.84 Dom Puntillo 10.50 Suburban Restaurant Supply Inc. 33.95 Westchester Joint Water Works 23.40 Rocco Zavaglia 68.00 Total. ... . . . . . . . . . . $643.38 2. Reports Commissioner Faiola reported that there was no Fire Report at this time. 3. Other Business a) Mr. Mosher - Annual Dance At this time Mr. Mosher stated that he understood the Commission had given the Volunteer Fire Department permission to hold its Annual Dance and requested a - 12 - report on the expenditure of the monies raised in past years. Commissioner Faiola stated that there was no such report available and that under New York State Law Volunteer Fire Departments had a very wide scope of privileges. The only way, he said, that such a report could be made available would be on a question of mal- feasance -- and added that one would have to be a Volunteer Fireman to audit the books. The discussion concluded with Mr. Mosher stating that he had been _ a citizen of the Town for 40 years and that he had never had any knowledge of what the money solicited by the Volunteer Fire Department was used for, which, he said, he felt he was entitled to have. The Supervisor said that she knew that some of these monies were used to fund training programs, for sponsor- ing the Explorer Troop, and further, for the provision of insurance coverage for the Volunteers which they paid for, and Commissioner Faiola added that he felt one important thing such funds were used for was by way of the promotion of coalition -- through family picnics, sponsor- ship of baseball teams, such as the Babe Ruth team, bowling teams, etc. , with Chief Ciardullo heartily second- ing Commissioner Faiola's remarks. 4. Adjournment There being no further business to come before the meet- ing, on motion duly made and seconded, it was declared adjourned at 9:40 p.m. , to reconvene on March 15th, 1972. Tow erk/ 13 -