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HomeMy WebLinkAbout1994_11_02 Town Board Regular Minutes November 2, 1994 TOWN OF MAMARONECK TOWN BOARD AGENDA November 2, 1994 REGULAR MEETING -Wednesday, November 2, 1994, Town Center, Court Room -8:15 PM 7:30 PM -RECEPTION - Police Awards Ceremony, Court Room Lobby CONVENE REGULAR MEETING CALL TO ATTENTION -Location of Exits PRESENTATION -Westchester County Update -Legislator George Latimer ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL APPROVAL OF MINUTES - February and March, 1994 (Held over) BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Appointments Larchmont/Mamaroneck Cable TV Advisory Committee 2. Authorization Easement Agreement-NYNEX 3. Authorization Duct Cleaning Contract 4. Set Public Hearings -Adoption of Town Code -Installation of Stop Sign - Little Farms Road/Ellsworth Road - No Parking Here to Corner-Palmer Avenue/Elkan Road • 5. Request for use of Voting Machines - Mamaroneck Public Library 6. Salary Authorizations - Recreation Added Item: Certiorari Amended - Korn Next regularly scheduled meetings - November 16, 1994 - December 7, 1994 CA MSOfficel Winwordlnew1 94194Now194Last111-02-94.Iast.doc C:1MSOfficeMinwordlnew194194Now194Last111-02-94.printed.doc 12 TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING- Wednesday,November 2, 1994—Town Center Court Room - 8:15 PM 7:30 PM—RECEPTION—Police Awards Ceremony, Court Room Lobby CONVENE REGULAR MEETING CALL TO ATTENTION-Location of Exits PRESENTATION - Westchester County Update—Legislator George Latimer ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS REPORTS OF THE SUPERVISOR REPORTS OF THE COUNCIL APPROVAL OF MINUTES—February and March, 1994 (Held Over) BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Appointments—Larchmont/Mamaroneck Cable TV Advisory Committee 2. Authorization—Easement Agreement-NYNEX 3. Authorization—Duct Cleaning Contract 4. Set Public Hearings -Adoption of Town Code -Installation of Stop Sign—Little Farms Rd/Ellsworth Rd -No Parking Here to Corner—Palmer Ave/Elkan Rd 5. Request for use of Voting Machines—Mamaroneck Public Library 6. Salary Authorization - Recreation Next regularly scheduled meetings -November 16, 1994 -December 7, 1994 REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD WEDNESDAY, NOVEMBER 2, 1994 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W BOSTON POST ROAD, MAMARONECK, NY PRESENT: Supervisor: Elaine Price Councilwoman: Kathleen Tracy O'Flinn Councilman: Paul A. Ryan Councilwoman: Valerie M. O'Keeffe Councilman: Barry Weprin Also Present: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Attorney RECEPTION - Police Awards Ceremony The Supervisor and Town Board members hosted a reception in honor of our Police Department in general, and more specifically for those police officers that were receiving awards and commendations for outstanding police work. CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Price at 8:15 p.m., and on a motion duly made and seconded, the meeting was unanimously declared open. CALL TO ATTENTION Supervisor Price pointed out to those assembled the locations of exits as required by law for, public gatherings. POLICE AWARDS Richard Rivera, Police Chief began by introducing the two newest members of the police department, P.O. Bruce Tunno and Probationary Police Officer Suzanne DeBaun. He then introduced and informed everyone that Lt. Bob Koziak, had been extended an invitation from the FBI National Academy in Virginia to attend their eleven week course held this past summer. He added that the invitation in itself was an honor, but Lt. Koziak had truly distinguished himself and the Town Police Department by reaching a grade point average 4.0, which is straight A. He then presented the awards as follows: L November 2, 1994 The following officers received a certificate for perfect attendance for the year 1993, for not having missed work due to illness. P.O. Adam Libertella P.O. Richard DiGraziano P.O. Nelson Flores P.O. Bruce Tunno Sgt. John Fox Sgt. Steven Cassiero Sgt. Frank Pennachio Sgt. Paul Degenhardt Sgt. Paul Creazzo Lt. Robert Koziak Lt. John Anderson Lt. Mike Nardelli Det. Martin Pfeiffer Det. James Pyrch Det. Bob Reynolds He then presented awards to the following officers, outlining the occurrences which led to the awards: Sgt. John Fox P.O. John Redman P.O. John Rosabella • On the 29th day of June, 1993, at approximately 2:30 AM, Sgt. John Fox, and Officers John Redman and John Rosabella were dispatched to the area of Richbell Road to investigate a report that four males were breaking into vehicles. The officers canvassed the area and located four male youths sitting in a vehicle. Upon investigation the youths were arrested for the larceny of property taken from three resident's vehicles. Lt. John Anderson Sgt. Frank Occhiogrosso Det. Martin Pfeiffer P.O. George Valentzas P.O. Gerald McCarthy On the 29th day of July at 6:15 PM, Lt. John Anderson, Det. Martin Pfeiffer, and P.O. Gerald McCarthy were sent to investigate a report of someone being threatened with a shotgun. Sgt. Occhiogrosso, first at the scene, obtained the address of the perpetrator, who had left the vicinity. Police Office Valentzas observed the vehicle entering his area. The vehicle was stopped and with the other officers, a loaded 12 gauge shotgun was found in the car and the. subject and was arrested and charged with attempted criminal possession of a weapon. Sgt. Stephen Cassiero On the 26th day of September, 1993 Sgt. Cassiero was dispatched to a report of a house fire on Avon Road. Sgt. Cassiero, the first emergency service worker to arrive at the scene, entered the house at risk to his own life put the fire out with a fire extinguisher. Sgt. John Fox P.O. Richard DiGraziano P.O. Thomas Gisin 2 November 2, 1994 On the 11th day of October, 1993 officer DiGraziano was stopped by a motorist who requested directions. The officer became suspicious of the operator and upon investigation, discovered that the motorist was driving a stolen vehicle. With the assistance of backup officers, the operator was arrested and charged with the possession of stolen property. It was later found that the motorist was an escapee from an upstate mental facility. P.O. Frank Dellacamera On the 17th day of June, 199 P.O. Dellacamera was dispatched to a report of a larceny which occurred on Boston Post Road. While enroute, Officer Dellacamera observed a vehicle which fit the description of the one used during the larceny. The officer stopped the vehicle, observed and recovered the stolen property and arrested the occupants of the vehicle. P.O. Anthony Chris Saline P.O.Alfred Vize On April 24, 1994 at about 10:30 PM, Officer Saline and Vize were dispatched to the area of Boston Post Road to investigate a report that cars were being broken into, upon arrival, the officers observed a vehicle with a broken window. it also appeared that a radio had been removed from the dashboard. After an extensive check of the area the officers apprehended three youths who were in possession of property stolen from the vehicle. P.O. Gerald McCarthy On the March 20, 1994, P.O. McCarthy monitored a radio transmission from the Mamaroneck Village Police Department which reported description of a vehicle wanted in connection with a larceny in the Village. P.O. McCarthy alertly observed the vehicle on Fenimore Road, stopped the vehicle, and arrested the occupants who were then turned over to the Mamaroneck Village Police. Det. Martin Pfeiffer P.O. Thomas Houlahan On the afternoon of January 20th of this year, Det. Martin Pfeiffer and officer Thomas Houlahan observed a subject on Palmer Avenue riding a bicycle and carrying a large object under his arm which turned out to be a VCR. When the officers attempted to question the subject, he fled. Upon investigating further the officers discovered that the VCR had been ' stolen from Mamaroneck High School. After piecing together evidence and other information the officers were able to identify the thief who was later arrested on a warrant. Det/Sgt. John Michael Cindrich Det. Martin Pfeiffer P.O.William Mery On the afternoon of March 20, 1993, Det/Sgt. Cindrich, Det. Pfeiffer and P.O. William Mery were dispatched to the Edward's Supermarket parking lot to investigate a report of a man breaking into a vehicle. As the officers approached the parking lot, the suspect entered a vehicle and fled on Boston Post Road towards Larchmont. The officers pursued and apprehended the vehicle, using extreme caution do to the heavy Saturday traffic. The subject was arrested for Possession of Stolen Property and drugs. A further investigation revealed that the subject was wanted in New York City for numerous felony charges. 3 November 2,1994 Detective Martin Pfeiffer(DISTINGUISHED POLICE DUTY) Det. James Pyrch Det. Robert Reynolds Det. John Infelice On the 23rd day of June of this year, Detectives Pfeiffer, Pyrch, Infelice and Reynolds began investigating a report that a 14 year old female, a resident of the Town, had been communicating with a fifty year old male from Seattle, Washington via electronic mail. The male had reportedly traveled to this area where he put the minor and her little brother in his car at a school in Scarsdale and drove the children to a Scarsdale shopping center without the knowledge of the children's parents. Luckily, the children's mother spotted them at the shopping center and retrieved them and reported the incident to this department. Upon investigation by the Detective and Youth Division, it was discovered that the male subject had been transmitting sexually explicit communications to the young girl for some time via electronic mail and had traveled cross country to meet her. With the assistance of the Westchester County District Attorney's office, the male was arrested at the Mamaroneck Motel where he was staying and charged with endangering the welfare of a minor. Further investigations and contact with police departments in several states, including Pennsylvania, Montana, California and.Washington, have disclosed that the defendant has committed similar acts on a nationwide scale which to that date,were unknown to have occurred. Also as a result of the investigation a female member of the defendant's family has come forward to Seattle Police to report that while she was a child, she was sexually abused by the defendant over a period of seven years. P.O. Thomas McDermott on the afternoon of June 1st of this year, Officer Thomas McDermott observed a vehicle make an illegal turn on Palmer Avenue. When the officer attempted to stop the vehicle it sped away. While attempting to flee at a high rate of speed, the suspect driver rammed a Mamaroneck Village patrol car on Fenimore Road. The vehicle finally came to a halt after striking a fence on Griffen Avenue. Upon further investigation it was determined that the vehicle was stolen from the City of Mount Vernon. The occupants were arrested for possession of stolen property and traffic violations. Detective Sgt. John Michael Cindrich (EXCEPTIONAL MERIT) Det. James Pyrch Sgt. Stephen Cassiero Sgt. Paul Creazzo On February 21, 1990, two male subjects were shot to death, execution style, in the Town of Mamaroneck. Both victims were shot twice in the head while sitting in an automobile parked on a residential street. The initial investigation revealed that both victims were members of organized crime and responsible for the distribution of large quantities of cocaine and heroin in the New York metropolitan area and the County Of Westchester. At the time of the incident, Detective sergeant John Michael Cindrich, assigned to the D.E.A. Task Force, initiated a federal investigation into the murders using the "Drug Kingpin" statute, Rica and continuing Criminal Enterprise conspiracy laws as the basis for the investigation. For over four years, Detective Sergeant Cindrich relentlessly pursued the investigation, working covertly, at times disrupting his personal life and receiving death threats. His tenacious efforts during the investigation resulted in: h'. ▪ The seizure of a substantial quantity of narcotics, ▪ the seizure of several assault weapons and stolen handguns, the seizure of substantial cash assets, 4 November 2, 1994 - the arrest of Several members of an organized criminal organization responsible for the distribution of large quantities of narcotics, and on July 13, 1994,the arrest of the "shooter" and another person who directed the double murder in the Town of Mamaroneck. The intelligence developed through the outstanding cooperation of several law enforcement agencies, including the FBI, Drug Enforcement Agency, Westchester county Drug Enforcement Task Force, New York City Organized Crime control Bureau and the US Attorney's Office for the Southern District of New York, was the direct result of Detective Sergeant Cindrich's exemplary display of dedication and professionalism. Sgt. Cindrich was also assisted during the investigation by Detective James Pyrch, Sgt. Paul Creazzo and Sgt. Stephen Cassiero. The Board members all thanked the Officers receiving awards for their outstanding service on behalf of our community. PRESENTATION -County Legislator George Latimer 1. Murray Avenue Repaving Project: Mr. Latimer updated the Board on the Murray Avenue repaving project, including fielding questions regarding the concern about safety. The Supervisor asked if the project could be done in steps or phases. 2. Resurveying & Remapping: He said that he was still trying to get information regarding the issue of costs for the redrawing and redefining mapping boundaries that the Town was facing because of the redistricting that had been imposed by Westchester County Board of Legislators and whether the County would be picking up the cost, saying that they should be very sympathetic on this issue, as their is a constant gripe about the State imposing mandates that the County has to foot the bill for. 3. County Department of Transportation: Mr. Latimer said that Bus Routes were going to be reviewed and prioritized for changing the size of the bus that travels them. He said he knew of at least one bus route in the Town that traveled on Rockland and Weaver that was being earmarked for small buses. 4. County Budget: He advised the Board that there would be a County Budget hearing at New Rochelle City Hall, beginning at 7:30 PM, and he urged everyone to attend. 5. Davids Island: He said that the County Board had not yet finalized a position on the Davids Island issue and requested that residents and the Board to let him know the concerns on the development. Mr. Latimer thanked everyone for their attention and invited anyone who wished to, to please contact him regarding any issue that he might be able to help with, and that he was still holding open door meetings here in the Town Center on Monday evenings from 7:30 p.m. to 8:30 p.m. 5 November 2, 1994 BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 8:45 p.m. in the Court Room. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Kathleen Tracy O'Flinn Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin 1. Fire Claims Commissioner Weprin presented fire claims for authorization of payment and on his motion, seconded by Commissioner O'Flinn 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: OPERATING FUND (Table A) AAA Emergency Supply Co., Inc.. $ 9.00 AAA Emergency Supply Co., Inc.. 718.35 Acocella, Michael 30.83 At&T 69.45 B & S Industries 269.26 Cellular One 382.41 Coyne Textile Service 58.21 Excelsior Garage & Machine Works, Inc. 80.65 Franklin Cleaners 228.30 Harrison Beverage, Inc. 190.00 J &J Barish 25.74 Jackie Albert 194.00 Dr. Thomas Landau 35.00 Dr. Thomas Landau 180.00 Dr. Thomas Landau 180.00 Dr. Thomas Landau 180.00 Dr. Thomas Landau 180.00 New England Uniform Co. 871.00 NYNEX 9.00 Poland Springs 99.53 Pronto Printer 73.00 Town of Mamaroneck Prof. 330.12 Valhar Chemicals 165.85 TOTAL B $4,559.70 CAPITAL PROJECTS FUND (Table B) NYNEX 180.87 NYNEX 59.00 R.G. Brewers 38.47 SRN Contracting Corp. 4,500.00 6 November 2, 1994 SRN Contracting Corp. 11,632.50 Tartaglione Consultants 126.68 Tartaglione Consultants 1,980.00 TOTAL B $18,517.52 TOTAL Table A& B TOTAL A 4,559.70 TOTAL B 18,517.52 GRAND TOTAL 523,077.22 2. Other Business -.Update The Town Administrator said that the foundation for the firehouse renovations had been totally excavated and that he had invited John Tartaglione to come to the next Town Board meeting to update us on finances. Councilwoman O'Keeffe asked the Administrator if the changes made had increased the cost of construction on the firehouse. Mr. Altieri replied that he would be more able to update the board on financial impacts at the next meeting. Councilwoman O'Keeffe then wanted to know if the construction manager could attend the Town Board meetings occasionally to update us on the progress, if a date could be scheduled for him to attend either in December or January, and that if there should be changes in the construction budget he should let us know. The Supervisor said that many people visit the construction site and ask questions, and also that the Fire Chief and his Deputy are always available for that purpose. There being no further business to come before the Commission, on motion of Councilman Weprin, seconded by Councilman Ryan, the Commission unanimously adjourned at 9:45 PM. SUPERVISOR AND COUNCIL REPORTS Supervisor Price reported that the goose fence was scheduled to go up real soon. Councilwoman O'Keeffe reported that the Zoning Board of Appeals said that they planned to review the Grandfather Laws; and schedule of fines. Councilman Weprin said that he was very concerned about the noise created by leaf blowers and felt that we might want to review our ordinances. The Supervisor informed him that this was a long-standing issue that was addressed just a few years ago, but with the increasing use of the gas powered blowers, the issue calls for another look. Approval of Minutes - February through March (held over from previous meeting) 7 November 2, 1994 On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the minutes of February 2, 23, 1994 and March 2, 16, 1994 minutes were approved as amended. AFFAIRS OF THE TOWN 1. Appointments - Larchmont/Mamaroneck Cable TV Board of Control This item was once again put over to the next meeting. 2. Authorization - Easement Agreement - NYNEX The Administrator reminded the Board that this matter had been before the Town before, and in fact the original request for the easement had been made two years ago. He said that the easement would allow NYNEX to build a below-ground switcher site at the.intersection of Murray Avenue and Weaver Street. NYNEX has complied with all the Town's requests, and the Board has approved the wording of the agreement. The one last issue about payment has been worked out with the Town Attorney, Steve Silverberg, who has indicated that NYNEX would pay$30,000 to the Town for the easement. Mr. Silverberg said that he had one further modification to the agreement, that "temporary" be removed from the wording, but he said since it was a minor change, there would be no impediment to the Board approving it.. (I had no paperwork) RESOLVED, that the Town Board does hereby approved the easement agreement with NYNEX for the placement of an underground vault, as recommended by the Town Administrator; and BE IT FURTHER, RESOLVED, that NYNEX will pay to the Town of Mamaroneck the sum of$30,000 for the granting of the easement; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town, with the provision that the change be made in the wording of"temporary" as recommended by the Town Attorney. 3. Authorization - Duct Cleaning Contract Mr.Altieri explained that he had received proposals for the cleaning of the Town's heating, air conditioning and ventilating system ducts. He said that one proposal that had been received from Dust Buster, Inc. of White Plains, had been for$24,000 and the other from Air 8 November 2, 1994 Quality Control Systems for the exact same work was for$14,930. He said that obviously he recommended that the latter be awarded the contract, and that the Town Attorney had drafted an agreement to be considered by the Board. On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously: RESOLVED, that the Town Board does hereby award the contract for the cleaning of the heating &air-conditioning systems to Air-Quality Control Systems, Amawalk Road, RD #5, Katonah, NY for the total amount of$14,930; and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said agreement on behalf of the Town. 4. Set Dates for Public Hearing -Adoption of the Town Code -Installation of the Stop Sign at Little Farms & Ellsworth Road - No Parking Here to Corner Palmer Avenue & Elkan Road Town Code The Supervisor said that the code would have to be reviewed and changed by the date of any scheduled hearing, and since there was still more work to be done on the document, she thought it best to defer it, and suggested that a session be set up for Saturday, January 7, for review and discussion of the document. Little Farms & Ellsworth Road The Administrator said that the Traffic Committee had considered a request made by residents of the referenced area to help them to define and implement improvements to increase traffic safety at that intersection. He said that the Traffic Committee is recommending that a stop sign be installed on Little Farms Road at the intersection of Ellsworth Road, and the Town Board would have to schedule a public hearing to consider the matter. On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby set the date for the Public Hearing for December 7, 1994 at 8:15 PM for their consideration of the installation of a Stop Sign at Little Farms and Ellsworth Roads; and BE IT FURTHER, RESOLVED, that the Town Clerk be requested to publish the Notice of Public Hearing in a legal newspaper so designated by the Town. 9 November 2, 1994 No Parking Here to Corner-Palmer Avenue & Elkan Road The Traffic Committee is recommending that an existing stop sign that is located on Palmer and Elkan be extended an additional twenty feet,,which should improve safety at that intersection. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby set the date for the Public Hearing for December 7, 1994 at 8:15 PM for their consideration of the extension of an existing Stop Sign located at the intersection of Palmer Avenue and Elkan Road. BE IT FURTHER, RESOLVED, that the Town Clerk be requested to publish the Notice of Public Hearing in a legal newspaper so designated by the Town. 5. Request for Use of Voting Machines - Mamaroneck Public Library The Town Clerk said that this request was pro forma and that we regularly lend our voting machines to the Villages and School system as well as to the library. She noted that all costs for technicians and moving of the machines are paid by the library, and that they were requesting the use of two machines. On motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, it was unanimously: RESOLVED, that the Town Board does hereby authorize the use of two voting machines by the Mamaroneck Library for their budget vote to be held on December 13, 1994. 6. Salary Authorization - Recreation Department RESOLVED, that the Town Board does hereby authorize the payment of salary as provided for in the 1994 Town Budget to the following: Maria Francella, Life Guard, $9/hour; Assistant Manager, $10/hour; Swim Instructor, $16.50/session, Hommocks Pool effective retroactive to 10/22/94. Walter Robela, Life Guard, Hommocks Pool, $7/hour, effective 10/29/94. Daniel Immediato, Alt. Life Guard, Hommocks Pool, $5. 75/hour, retroactive to 10/22/94. Suzanne Elson, Director, Volleyball Program, $45/session, effective 11/27/94. Christine Buono, Teen Center, $35/session, effective retroactive to 10/21/94. Patty Nardolske, Alternate EMT, Hommocks Park Ice Rink, $7.50/hour, effective 10/28/94 10 • - - November 2, 1994 ADDED ITEM Certiorari Matter - Korn v. Town of Mamaroneck The Town Attorney explained that this certiorari had been previously settled and approved by the Town Board, but that George Derderian, our consultant had mistakenly inverted numbers so the approved settlement will therefore have to be reapproved using the correct figures. After a brief discussion, On motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, it was unanimously: RESOLVED, that the Town Board does hereby approve the following settlement, as amended and as recommended by George M. Derderian, Assessment Consultant: Korn v. Town - Years - 1992, 1993 Original Approved Settlement Amount-$47,400 Corrected Settlement - $44,700 ADJOURNMENT On the motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, the meeting was declared adjourned at 10:40 p.m. Submitted by, Patricia A. DiCioccio, Town Clerk 11