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HomeMy WebLinkAbout1995_09_20 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, September 20, 1995, Town Center Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 6:15 PM in a Work Session to discuss Police Department Rules and Regulations and reconvene at 6:45 PM into an Executive Session to p 9 discuss personnel and contracts. CONVENE REGULAR MEETING RECESS INTO WORK SESSION ADJOURN WORK SESSION CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PRESENTATION - Police Officer (Officer McCarthy) BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Authorization - Community Development Block Grant Contract 3. Other Business AFFAIRS OF THE TOWN ' 1. Appointments - Coastal Zone Management Commission 2. Adoption - Police Department Rules and Regulations 3. Authorization - Lease Agreement -Town Center Building 4. Authorization - Easement Agreement - 70 Sherwood Drive 5. Authorization - Sale of Town Land - Gate House Lane 6. Authorization -Transfer of Funds Highway Fund 7. Set Public Hearings - a) Parking Prohibition Palmer Avenue - b) Prohibition on Feeding Water Fowl - c) Stop Intersection - Glen Eagles Road/South Drive 8. Malcolm Pirnie Contract - Gardens Lake 9. Authorization - Settlement of Insurance Claims 10. Salary Authorizations - Superintendent of Highways - Recreation - Records Management Clerk PROCLAMATION - 50TH ANNIVERSARY - UNITED NATIONS ASSOCIATION ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings - October 4, 1995 - October 18, 1995 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON WEDNESDAY, SEPTEMBER 20, 1995 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NY CONVENE EXECUTIVE SESSION The Work Session of the Town Board was called to order at 6:15 PM to discuss Police Department rules and regulations and then at 6:45 PM the Board adjourned into an Executive Session of the Town Board to discuss personnel and contracts in Conference Room A of the Town Center. On motion duly made and seconded the Board adjourned at 8:15 PM to the Court Room to reconvene the regular meeting. CONVENE REGULAR MEETING The regular meeting of the Town Board was called to order by Supervisor Price at 8:25 PM. PRESENT: Supervisor: Elaine Price Councilwoman Kathleen Tracy O'Flinn Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Attorney CALL TO ATTENTION Supervisor Price pointed out to those assembled the locations of exits as required by law for public gatherings. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 8:25 PM 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, thereafter on his motion, seconded by Commissioner Ryan, 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: September 20, 1995 OPERATING FUND AAA Emergency Supply $ 129.53 AT &T 228.75 AT &T 274.62 August Electrical Service 50.00 Coyne Textile Service 125.22 Excelsior Garage & Machine Works 112.00 Giacomo Service Center, Inc. 251.92 New England Uniform 66.00 Pronto Printer 48.00 Restaurant Equipment 400.00 Westchester County Association 125.00 Total A $1,811.04 Capital Fund Call A Head Corp 225.00 Fairway Testing 2155.00 Federal Rent a Fence 337.50 Seek Supply Corp 4500.00 Suburban Carting 575.00 Tartaglione Consulting 12000.00 Tartaglione Consulting _ 101.91 19894.41 Grand Total A & B $21,705.45 2. Authorization - Community Development Block Grant The Administrator explained that authorization was being requested to execute a contract with the County who awarded the Town a grant to comply with the Disabilities Act for Renovations at the Fire House for an additional $14,664 to construct an accessible walkway to the front entrance. On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously, RESOLVED, that this Commission hereby authorizes the execution of the contract with the County of Westchester whereby they have authorized a grant in the amount of$14,664 to the Town for the construction at the Fire House of an accessible walkway at the front entranceway. There being no further business to come before the Commission, on motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, the Commission unanimously adjourned at 8:45 PM. AFFAIRS OF THE TOWN 1. Appointments - Coastal Zone Management Commission They deferred this item to the next meeting. 2. Adoption of Police Department Rules and Regulations 2 September 20, 1995 The Supervisor explained that the Board had been working with the Police Department on formulating these new regulations and after several meeting had agreed on the new policies. Thereafter, on motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby adopt the Rules and Regulations of the Police Department as follows: PURPOSE: The purpose of this order is to delineate the Rules and Regulations of the Town of Mamaroneck Police Department. PROCEDURE: 1. Violation of Rules Officers shall not commit any acts or omit any acts which constitute a violation of any of the rules, regulations, directives or orders of the department, whether stated in this Standard Operating Procedure or elsewhere. 2. Unbecoming Conduct Officers shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the department. Conduct unbecoming an officer shall include that which brings the department into disrepute or reflects discredit upon the officer as a member of the department, or that which impairs the operation or efficiency of the department or officer. 3. Immoral Conduct Officers shall maintain a level of moral conduct in their personal and business affairs which is in keeping with the highest standards of the law enforcement profession. Officers shall not participate in any incident involving moral turpitude which impairs their ability to perform as law enforcement officers or causes the department to be brought into disrepute. 4. Conformance to Laws a. officers shall obey all laws of the United States and of any state and local jurisdiction in which the officers are present. b. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. 5. Reporting for Duty Officers shall report for duty at the time and place required by assignment or orders and shall be physically and mentally fit to perform their duties. They shall be properly equipped and cognizant of information required for the proper performance of duty so that they may immediately assume their duties. Judicial subpoenas shall constitute an order to report for duty under this section. 6. Neglect of Duty Officers on duty shall not read for entertainment, play games, watch television or movies or otherwise engage, in entertainment while assigned to patrol duties; however, officers may read and or watch television while on meal period in the P.B.A. lounge at Police Headquarters. Officers on duty shall not engage in any activities or personal business which would cause them to neglect or be inattentive to duty. 7. Fictitious Illness or Injury Reports Officers shall not feign illness or injury, falsely report themselves ill or injured, or otherwise deceive or attempt to deceive any official of the department as to the condition of their health. 8. Sleeping on Duty 3 September 20, 1995 Officers shall remain awake while on duty. If unable to do so., they shall report to their superior officer, who shall determine the proper course of action. 9. Leaving Post or Assignment Officers shall not leave their assigned posts during a tour of duty except when authorized by proper authority. Officers assigned to patrol duties shall monitor radio communications at all times while performing patrol assignments and, in addition to other routine radio communications, shall communicate with Headquarters prior to leaving assigned post when not otherwise directed by Headquarters to leave post for an assignment. (Refer to S.O.P. #8 s.92) 10. Meals Officers on patrol shall be permitted to suspend patrol duties or other assigned activity, subject to immediate call at all times, for the purpose of having meals during their tours of duty, but only for such period of time (1/2 hour per tour), and at such time and place, as established by departmental procedure. 11. Unsatisfactory Performance Officers shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions. Officers shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the department. Unsatisfactory performance may be demonstrated by a lack of knowledge of the application of laws required to be enforced; an unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for the officer's rank, grade, or position; the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention; or absence without leave. In addition to other indicia of unsatisfactory performance, the following will be considered prima facie evidence of unsatisfactory performance; poor evaluations or a written record of infractions of rules, regulations, directives or orders of the department. 12. Employment Outside the Department a. Officers may engage in off-duty employment subject to the following limitations: (1) such employment shall not interfere with the officers' employment with the department; (2) officers shall submit a written request for off-duty employment to the chief, whose approval must be granted prior to engaging in such employment; and (3) officers shall not engage in any employment or business involving the sale or distribution of alcoholic beverages, bail bond agencies, or investigative work for insurance agencies, private guard services, collection agencies or attorneys. b. Approval may be denied where it appears that the outside employment might: (1) render the officer unavailable during an emergency., (2) physically or mentally exhaust the officers to the point that their performance can be affected, (3) require that any special consideration be given to scheduling of the officers' regular duty hours, or(4) bring the department into disrepute or impair the operation or efficiency of the department or officer. 13. Alcoholic Beverages and Drugs in Police Installations Officers shall not store or bring into any police facility or vehicle illegal drugs, alcoholic beverages, controlled substances, marijuana, narcotics or hallucinogens except alcoholic beverages, controlled substances, narcotics or hallucinogens which are held as evidence. 4 September 20, 1995 14. Possession and Use of Drugs Officers shall not possess or use any illegal drugs, controlled substances, marijuana, narcotics, or hallucinogens except when prescribed in the treatment of officers by a physician or dentist. When illegal drugs, controlled substances, marijuana, narcotics, or hallucinogens are prescribed by a physician or dentist, and are being taken or used by an officer on duty, that officer shall notify his/her immediate supervisor in writing prior to performing normal police duties. 15. Use of Alcohol on Duty or in Uniform a. Officers shall not consume intoxicating beverages while in uniform or on duty except in the performance of duty and while acting under proper and specific orders from a superior officer. b. Officers shall not appear for duty, or be on duty, while under the influence of intoxicants to any degree whatsoever, or with an odor of intoxicants on their breath. 16. Use of Alcohol Off Duty Officers, while off duty, shall refrain from consuming intoxicating beverages to the extent that it results in impairment, intoxication, or obnoxious or offensive behavior which discredits them or the department, or renders the officers unfit to report for their next regular tour of duty. 17. Smoking Officers shall only smoke in those areas of Police Headquarters designated as smoking areas. Officers in uniform shall not smoke in public view, nor in police vehicles when occupied by another person who objects to smoking in his/her presence. 18. Insubordination Officers shall promptly obey any lawful orders of a superior officer. This will include orders relayed from a superior officer by an officer of the same or lesser rank. • 19. Conflicting or Illegal Orders a. Officers who are given an otherwise proper order which is in conflict with a previous order, rule, regulation or directive shall respectfully inform the superior officer issuing the order of the conflict. If the superior officer issuing the order does not alter or retract the conflicting order, the order shall stand. Under these circumstances, the responsibility for the conflict shall be upon the superior officer. Officers shall obey the conflicting order and shall not be held responsible for disobedience of the order, rule, regulation or directive previously issued. b. Officers shall not obey any order which they know or should know would require them to commit any illegal act. If in doubt as to the legality of an order, officers shall request the issuing officer to clarify the order or to confer with higher authority. 20. Gifts, Gratuities, Bribes, or Rewards Officers shall not solicit or accept from any person, business, or organization, any gift(including money, tangible or intangible personal property, food, beverage, loan, promise, service or entertainment) for the benefit of an officer, members of an officer's family, an officer's relatives or the department, if it may reasonably be inferred that the person, business or organization: a. Seeks to influence action of an official nature or seeks to affect the performance or nonperformance of an official duty, or 5 September 20, 1995 b. Has an interest which may be substantially affected directly or indirectly by the performance or nonperformance of an official duty. 21. Abuse of Position a. Use of official position or identification. Officers shall not use their official position, official identification cards or badges: (1) for personal or financial gain, (2) for obtaining privileges not otherwise available to them except in the performance of duty, or(3) for avoiding consequences of illegal acts. Officers shall not lend to another person their identification cards or badges or permit them to be photographed or reproduced without the approval of the chief. 22. Endorsements and Referrals Officers shall not recommend or suggest in any manner, except in the transaction of personal business, the employment or procurement of a particular product, professional service, or commercial service (such as an attorney, ambulance service, towing service, bondsman, mortician, etc.). In the case of ambulance or towing service, when such service is necessary and the person needing the service is unable or unwilling to procure it or requests assistance, officers shall proceed in accordance with established departmental procedures. 23. Identification Officers shall car ry their shields and identification cards at all times, on or off duty, except when engaged in department authorized covert operations. 24. Citizen Complaints Officers shall courteously and promptly record in writing any complaint made by a citizen against any officer or the department. Officers may attempt to resolve the complaint, but shall never attempt to dissuade any citizen from lodging a complaint against any officer or the department. Officers shall follow established departmental procedures for processing complaints. 25. Courtesy Officers shall be courteous to the public. Officers shall be tactful in the performance of their duties, shall control their tempers, and exercise the utmost patience and discretion, and shall not engage in argumentative discussions even in the face of extreme provocation. In the performance of their duties, officers shall not use coarse, violent, profane or insolent language or gestures, and shall not express any prejudice concerning race, religion, politics, national origin, lifestyle, disability, marital status, age, sex or similar personal characteristics. 26. Requests for Assistance When any person applies for assistance or advice, or makes a complaints or a reports, either by telephone or in person, all pertinent information shall be obtained in an official and courteous manner and shall be properly and judiciously acted upon consistent with established departmental procedures. 27. Associations Officers shall avoid regular or continuous associations or dealings with persons whom they know, or should know, are persons under criminal investigation or indictment, or who have a reputation in the community or the department for present involvement in felonious or criminal behavior, except as necessary to the performance of official duties, or where unavoidable because of other personal relationships of the officers. 6 September 20, 1995 28. Visiting Prohibited Establishments Officers shall not knowingly visit, enter or frequent a house of prostitution, gambling house, or establishment wherein the laws of the United States, the State, or the local jurisdiction are regularly violated except in the performance of duty or while acting under proper and specific orders from a superior officer. 29. Gambling Officers shall not engage or participate in any form of illegal gambling at any time, except in the performance of duty and while acting under proper and specific orders from a superior officer. 30. Public Statements and Appearances a. Officers shall not publicly criticize or ridicule the department, its policies, or other officers by speech, writing, or other expression, where such speech, writing, or other expression is defamatory, obscene, unlawful, undermines the effectiveness of the department, interferes with the maintenance of discipline, or is made with reckless disregard for truth or falsity. b. Officers shall not address public gatherings, appear on radio or television, prepare any articles for publication, act as correspondents to a newspaper or a periodical, release or divulge investigative information, or any other matters of the department while holding themselves out as representing the department in such matters without proper authority. Officers may lecture on "police" or other related subjects only with the prior approval of the chief. 31. Personal Appearance a. Officers on duty shall wear uniforms or other clothing in accordance with established departmental procedures. b. Except when acting under proper and specific orders from a superior officer, officers on duty shall maintain a neat, well- groomed appearance and shall style their hair according to the following guidelines. 1. Male officers (a) Hair must be clean, neat and combed. Hair shall not be worn longer than the top of the shirt collar at the back of the neck when standing with the head in a normal posture. The bulk or length of the hair shall not interfere with the normal wearing of all standard head gear. (b) Wigs or hair pieces are permitted if they conform to the above standards for natural hair. (c) Sideburns shall be neatly trimmed and rectangular in shape. (d) Officers shall be clean shaven except that they may have mustaches which do not extend below the upper lip line. NOTE: THE CLEAN SHAVEN RULE MAY BE WAIVED BY THE CHIEF OF POLICE IN SUCH INSTANCES WHERE AN OFFICER PRESENTS A MEDICAL DOCTOR'S CERTIFICATION INDICATING THAT THE OFFICER SUFFERS FROM PSEUDOFOLLICULITIS BARBAE (PFB) OR A SIMILAR CONDITION, WHICH PROHIBITS THE OFFICER FROM SHAVING. 2. Female Officers (a) Hair must be clean, neat and combed. Hair shall not be worn longer than the top of the shirt collar at the back of the neck when standing with the head in a normal posture. 7 September 20, 1995 The bulk or length of the hair shall not interfere with the normal wearing of all standard head gear. (b) Wigs or hairpieces are permitted if they conform to the above standards for natural hair. 32. Political Activity OFFICERS ARE PROHIBITED FROM: (1) Using their official capacity to influence, interfere with or affect the results of an election; (2) Organizing, selling tickets to, or actively participating in a fund-raising function for a partisan political party or candidate; (3) Otherwise engaging in prohibited partisan activities on the federal, state, county, or municipal level. 33. Labor Activity a. officers shall have the right to join labor organizations, but nothing shall compel the department to recognize or to engage in collective bargaining with any such labor organizations except as provided by law. b. Officers shall not engage in any strike. "Strike" includes the concerted failure to report for duty, willful absence from one's position, unauthorized holidays, sickness unsubstantiated by a physician's statement, the stoppage of work, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in conditions, compensation, rights, privileges or obligations of employment. 34. Payment of Debts Officers shall not undertake any financial obligations which they know or should know they will be unable to meet, and shall pay all just debts when due. An isolated instance of financial irresponsibility will not be grounds for discipline except in unusually severe cases. However, repeated instances of financial difficulty may be cause for disciplinary action. Filing for a voluntary bankruptcy petition shall not, by itself, be cause for discipline. Financial difficulties stemming from unforeseen medical expenses or personal disaster shall not be cause for discipline, provided that a good faith effort to settle all accounts is being undertaken. Officers shall not co-sign a note for any superior officer. 35. Residence Officers shall comply with Westchester County Civil Service regulations regarding residence requirements. 36. Dissemination of Information Officers shall treat the official business of the department as confidential. Information regarding official business shall be disseminated only to those for whom it is intended in accordance with established departmental procedures. officers may remove or copy official records or reports from a police installation only in accordance with established departmental procedures. Officers shall not divulge the identify of persons giving confidential information except as authorized by proper authority. 37. Intervention a. Officers shall not interfere with cases being handled by other officers of the department or by any other governmental agency unless: (1) Ordered to intervene by a superior officer, or 8 September 20, 1995 (2) The intervening officer believes beyond a reasonable doubt that a manifest injustice would result from failure to take immediate action. b. Officers shall not undertake any investigation or other official action not part of their regular duties without obtaining permission from their superior officer unless the exigencies of the situation require immediate police action. 38. Department Reports Officers shall submit all necessary reports on time and in accordance with established departmental procedures. Reports submitted by officers shall be truthful and complete, and no officer shall knowingly enter or cause to be entered any inaccurate, false, or improper information. 39. Processing Property and Evidence Property and evidence which has been discovered, gathered or received in connection with departmental responsibilities will be processed in accordance with established departmental procedures. Officers shall not convert to their own use, manufacture, conceal, falsify, destroy, remove, tamper with or withhold any property or evidence in connection with an investigation or other police action, except in accordance with established departmental procedures. 40. Abuse of Process Officers shall not make false accusations of a criminal or traffic charge. 41. Use of Department Equipment Offices shall utilize equipment only for its intended purpose, in accordance with established departmental procedures, and shall not abuse, damage or lose department equipment. All department equipment issued to officers shall be maintained in proper order. 42. Operating Vehicles Officers shall operate official vehicles in a careful and prudent manner, and shall obey all laws and all departmental orders pertaining to such operation. Loss or suspension of any driving license shall be reported to the department immediately. 43. Carrying Firearms Officers shall carry firearms in accordance with law and established departmental procedures. 44. Truthfulness Upon the orders of the chief, the chiefs designee or a superior officer, officers shall truthfully answer all questions specifically directed and narrowly related to the scope of employment and operations of the department which may be asked of them. 45. Jewelry Officers shall not wear earrings, exposed necklaces, bracelets nor other adornments while performing duty in uniform. 46. Telephone/Address Each officer shall furnish the department with his/her home address and telephone number and shall notify the Chief of Police promptly of any changes. 47. Social Condition/medical Condition Each officer shall notify the chief of Police promptly in the event of change in his/her social condition or medical condition which may affect his/her ability to perform normal police duties. 9 September 20, 1995 48. Assistance to Fellow Officers No member of the department shall fail to aid, assist and protect his/her fellow officers in time of need to the fullest extent of his/her capabilities, in accordance with established procedures. 49. Assistance to Citizens Officers and other members of the department shall render all possible service to citizens in accordance with established policy and procedures of the department. When a citizen makes a complaint or report, all pertinent information shall be obtained in an official and courteous manner and shall be judiciously acted upon. CHAIN OF COMMAND: 50. The chain of command of the department, in descending order, shall be as follows: 1) Chief of Police 2) Lieutenant 3) Sergeant 4) Police officer When he deems it necessary, the Chief of Police shall designate a lieutenant to command the department in his absence. (Vacation, etc.)All members of the department shall be notified by the Chief or his designee of the temporary change in command. When two or more officers of equal rank respond to an incident, the most senior officer shall be in charge until/unless relieved by higher authority. The Patrol Division Sergeant at the scene shall be in command of any incident requiring Patrol Division services unless otherwise relieved of that responsibility by higher authority. When an incident requires the investigative services of the Detective Division, the Detective Division Commander shall take command of the investigation. Members of the force assigned to the Detective Division shall be under the command of the Detective Division Commander. It is the policy of this department that officers at every level be delegated the authority necessary to make decisions for the effective execution of their responsibilities. ACCOUNTABILITY: Each member of the department shall be held accountable for the use or non-use of delegated authority. Supervisors shall be held accountable for the performance of subordinates under their immediate control. RELAYED ORDERS: Member of the force shall promptly obey all lawful orders and instructions issued by a superior officer, including any order relayed from a superior by a member of the same or lesser rank, or lawful orders and instructions issued by higher authority within the department. (See SOP #6 s.90 51) CONFLICTING ORDERS: Member of the force who receives a conflicting order shall bring it to the attention of his immediate supervisor as soon as possible after receiving such order so as to avoid any adverse impact on department operations. Supervisor notified of a conflicting order(s) shall attempt to rectify the conflict as soon as possible so as to avoid any adverse impact on department operations. 10 ' 4 September 20, 1995 REFERENCE: S.O.P. #18 s. 92 which includes the department's Organizational Chart and Division Responsibility Chart. STANDARD OPERATING PROCEDURES: Each officer shall be issued a manual containing the Standard Operating Procedures (S.O.P.'s) of the Department. As each new or revised S.O.P. is issued, all officers shall be issued a copy and shall sign the prescribed department form indicating that they have received their copies. All officers are to make themselves familiar with the provisions of the S.O.P.'s and are to abide by them. officers are also responsible for maintaining their S.O.P. manuals and updating them with the receipt of each new or revised S.O.P. Any provisions of the Rules and Regulations of the Department in conflict with this procedure are suspended. BY DIRECTION OF THE CHIEF OF POLICE 3. Authorization - Lease Agreement Town Center Building The Town Administrator stated that authorization was necessary to execute an agreement between the Town and Parmann Mortgage Company whereby Parmann would lease 2,550 square feet of space on the third floor of the Town Center for a five year term, year one for$27,200 with increase in each subsequent year. He outlined that improvements would be made to Suite 302 for an estimated cost of between $25,000 to $30,000. There was some discussion on the renovation costs, the status of the third floor as to space, and the Administrator said that all available space was now occupied. On motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the Town Board does hereby authorize the execution of the Lease Agreement between the Town and Parmann Mortgage Company for a five year term. 4. Authorization - Easement Agreement-70 Sherwood Drive The Administrator explained that agreement was in response to a building permit application that had been made by the applicant at 70 Sherwood Drive for a deck that was constructed on a ten foot easement area that was owned by the Town that was on the property. He said that the Town's concern would be if it became necessary to repair the drainage utilities in the easement area that access would be blocked by the deck, and that this agreement was drafted allowing responsibility to the owners with no repair or replacement responsibility should it be necessary to remove the deck to access the pipes. He added that the Attorney had now reviewed and approved the easement agreement so he recommended authorization. On motion of Councilwoman O'Flinn, seconded by Councilman Weprin, it was unanimously RESOLVED, that the Town Board does hereby authorize the easement agreement at 70 Sherwood Drive and does hereby authorize the Supervisor to execute same on behalf of the Town. 11 September 20, 1995 5. Authorization -Sale of Town Land -Gate House Lane The Town Administrator said that this item was pro forma based on the already approved resolution authorizing the sale of this surplus property and this was to just approve the contract of sale and its execution. On motion of Councilwoman O'Flinn, seconded by Councilman Weprin, it was unanimously RESOLVED, that the Town Board does hereby authorize the sale of land on property located on Gate House Lane, designated as Block 330, Lot 392 for a sale price of$200,000 and authorizes the Supervisor to execute same on behalf of the Town. 6. Authorization -Transfer of Funds - Highway Department Mr. Altieri said that the State Department of Transportation notified the Town that they would be resurfacing the entire length of Weaver Street and as a result man-hole covers, that come under our jurisdiction, would have to be raised, the cost of which could be up to $13,500. He said that since we hadn't been told about this item, it was not an for which we had budgeted. The Board asked why, to which he replied that there had been no indication by the State that they would be undertaking this project. More discussion followed. On motion of Councilman Weprin, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby authorize the transfer of fund in the amount of$13,500.00 to account SS8120.4253 from the unreserved funds of the sewer district, for the purpose of raising 33 man-hole covers on Weaver Street in conjunction with repaving that is being done by the State of New York. 7. Set Public Hearing - a) Parking Prohibition on Palmer Avenue - b) Prohibition on Feeding Water Fowl - c) Stop Intersection -Glen Eagles Road/South Drive The Administrator explained that these items are now ready to be discussed at public hearings and suggested that the date be set for the first meeting in October. He added that the Traffic Committee had met with representatives from the School District regarding their concern for an increasing number of people who were using the Palmer Avenue High School driveway exit. The range of site distance for those cars is limited in the extreme because of parked cars. He said that the Traffic Committee after review of the situation was recommending that the existing No Parking Zone at the southeast corner of the intersection be extended for an additional distance of twenty feet. The Board members discussed their preferences for the public hearing dates and then, on motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby set the date for the Public Hearing for October 4, 1995 at 8:15 PM on the extension of the No Parking Zone on the southeast corner of the intersection on Palmer Avenue for an additional distance of twenty (20) feet; and. BE IT FURTHER, RESOLVED, that the Town Board does hereby set the date for the Public Hearing for October 4, 1995 at 8:15 PM on the prohibition of Feeding Water Fowl at Gardens Lake; and 12 September 20, 1995 BE IT FURTHER, RESOLVED, that the Town Board does hereby set the date for the Public Hearing for October 4, 1995 at 8:15 PM on the Stop Sign at the intersection of Glen Eagles Road and South Drive; and BE IT FURTHER, RESOLVED, that the Town Clerk is authorized to publish in an official newspaper of the Town, a notice of Public Hearing on all three of the abovestated public hearings. 8. Malcolm Pirnie Contract- Gardens Lake The Administrator requested authorization be given for the surveying of material in Gardens Lake in preparation of dredging in 1996, as the results of testing will be critical in the consideration of disposal options. He said Malcolm Pirnie had submitted a proposal to conduct the testing and evaluation for$12,300 and that they had engineered the original dredging project and were therefore familiar with the Lake. He said that a grant application has been submitted to the New York State DEC for reimbursement of 50% of the expenses but they would not be announced until the later in the month. Mr. Altieri recommended authorization be given to expend $12,300 to Malcolm Pirnie to prepare an evaluation and testing of the Gardens Lake. On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby authorization of expenditure to Malcolm Pirnie in the amount of$12,300 for them to conduct an evaluation and testing of materials in Gardens Lake in preparation for expected dredging in 1996. 9. Authorization -Settlement of Insurance Claims On motion of Councilman Weprin, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the Town Board does hereby authorize the settlement of Torte claim brought against the Town by Patrick Foley in the amount of$1,500.29 in regard to an incident caused by a Town Vehicle hitting Mr. Foley's car on August 18, 1993; and BE IT FURTHER, RESOLVED, that the Board does authorize the settlement of claim brought against the Town by Mrs. Stier of 10 East Drive, to settle a claim in the amount of$277.55, for repairs to her home caused by downed electrical wires, said claim was denied by our insurance carrier, which Mrs. Stier then brought to small claims court, and was granted a settlement in the above amount by Judge Klein. 10. Salary Authorizations -Superintendent of Highways - Records Management - Recreation 13 September 20, 1995 Highway Department On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the Town Board does hereby authorize the promotion of Shimon Gitlitz to the position of Superintendent of Highways at a salary of$58,000 effective September 20, 1995. Records Management On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that Jerrine Miller be appointed to the position of records management clerk at a rate of$9.50 per hour effective immediately. Recreation Department On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the as provided for in the Town Budget the following people be authorized for payment of salary: Elena Petruzzeli, Life Guard, Hommocks Pool, $7.75/hour, effective retroactive to 9/13/95. Michael Ryan, Life Guard, Hommocks Pool, $7.50/hour, effective retroactive to 9/14/95. Gene Young, Alt. Life Guard, Hommocks Pool, $7.50/hour, retroactive to 9/14/95. Richard Rella, Open House Program, $45/session, effective 10/13/95. James Grieco, Open House Program, $35/session, effective 10/13/95. Gail Guarneri, Open House Program, $35/session, effective 10/13/95. Debra Matthews, Teen Center, $35/session, effective 10/13/95. William Collins, Teen Center, $35/session, effective 10/13/95. Gail Guarneri, Teen Center, $35/session, effective 10/13/95. James Greico, Teen Center, $35/session, effective 10/13/95. James Cunningham, Teen Center Alternate, $35/session, effective 10/13/95. Cathy Cilento, Women's Fitness, $55/session, effective 10/05/95. Sarah Lanza, Women's Fitness, $30/session, effective 10/05/95. Susan Gedan, Women's Fitness Alternate, $30/session, effective 10/5/95. William Reilly, Men's Fitness, $55/session, effective 10/16/95. Suzanne Elson, Volleyball, $45/session, effective 11/29/95. PROCLAMATION - United Nations The Supervisor read the following: PROCLAMATION UNITED NATIONS ASSOCIATION 50th ANNIVERSARY WHEREAS, the United Nations was founded in 1945, and the anniversary of its founding is observed each year on October 24th, and WHEREAS, the fiftieth anniversary of the United Nations will be celebrated in October 1995, and 14 September 20, 1995 WHEREAS, the work of the United Nations has a direct impact on the people of the United States and all the world's peoples, directly affecting their security, health, economic well-being , and enjoyment of basic freedoms, and WHEREAS, the immense challenges facing the United Nations require public support of the goals of the United Nations' Charter, and strong leadership in the United Nations by the United States, as the nation with the greatest resources and Strongest commitment to freedom and democratic values, NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Mamaroneck hereby proclaim that the month of October 1995 be proclaimed as UNITED NATIONS MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the sea] of the Town of Mamaroneck to be affixed this 20th day of September 1995. Elaine Price, Supervisor ADJOURNMENT Upon unanimous vote the meeting was adjourned at 11:14 PM. Patricia A. DiCioccio, Town Clerk C:\MS OFFICE\WI N WORD\Mi nutes\95MI N F\9-20-95F.doc 15