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HomeMy WebLinkAbout1997_03_19 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING - Wednesday, March 19, 1997 -Town Center Court Room- 8:15 PM CALL TO ATTENTION - Location of Exits BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Traffic Committee Recommendation- Set Public Hearing -No Parking Zone, Boston Post Road,New Rochelle Lincoln-Mercury 2. Authorization- Westchester County Tax Warrant 3. Authorization- Transfer of Funds - Capital Projects 4. Salary Authorization- Recreation Department ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUT•E:VISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings -April 2, 1997 -April 16, 1997 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. March 19, 1997 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON MARCH 19, 1997 AT 8:15 PM IN THE CONFERENCE ROOM OF THE TOWN FIREHOUSE, WEAVER STREET,TOWN OF MAMARONECK, NEW YORK. PRESENT: Acting Supervisor Paul A.Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V.Altieri,Town Administrator Charlene Indelicato,Town Attorney Supervisor Price was attending her daughters confirmation dinner this evening and was not in attendance. Deputy Supervisor Ryan conducted the meeting in her absence. CONVENE EXECUTIVE SESSION The Work Session of the Town Board to discuss Larchmont Gardens Lake dredging convened at 6:30 PM in Conference Room A of the Town Center. The Board then convened the Executive Session at 7:15 PM to consider certiorari matters. On motion duly made and seconded the Board adjourned at 8:15 PM to the Court Room to Reconvene the Regular Meeting. CALL TO ORDER The Regular meeting of the Town Board was called to order by Acting Supervisor Ryan at 8:15 PM. The Acting Supervisor then pointed out the exits,thereafter on motion made and seconded they convened as the Board of Fire Commissioners. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Ryan at 8:55 PM in the Court Room. Present were the following members of the Commission: Commissioner: Paul A.Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Wittner 1" March 19, 1997 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 AAA Emergency Supply Co., Inc. 98.00 AT &T Capital Services 199.62 Angelo & Joey's Auto Body 964.50 AT & T Wireless Services 97.07 Con Edison 1112.83 Corning Clinical Labs 61.66 Coyne Textile Services 119.00 Excelsior Garage & Machine Works, Inc. 2494.76 Excelsior Garage & Machine Works, Inc. 910.76 Excelsior Garage & Machine-Works, Inc. 1474.28 Gall's Inc. 141.60 Lawrence Heat& Power Corp. 183.65 Lucent Technologies 45.85 Michael Liverzani 86.72 O.S.P. Fire Protection 252.50 Sound Shore Pest Control 50.00 State Line Fire & Safety Inc. 287.00 Staples 63.99 8 643.79 2. Other Business Commissioner Weprin read the fire report for the month of February 1997, which summarizes the nature and origin of calls, the number of men responding and the total times spent at fire calls. NATURE OF CALLS: GENERAL 16 MINOR 09 STILLS 01 FALSE 06 OUT OF TOWN 00 MONTHLY DRILL 01 TOTAL 27 ORIGIN OF CALLS: FIRE PHONE 12 TOWN POLICE 08 LARCHMONT FD. 01 COUNTY CONTROL 00 911 04 OTHER 01 TOTAL 26 TOTAL NUMBER OF MEN RESPONDING: 295 TOTAL HOURS RESPONDING: 11 HOURS AND 12 MINUTES 2 March 19, 1997 :AFFAIRS OF THE TOWN 1. Traffic Committee Recommendation - Set Public Hearing - No Parking Zone, Boston Post Road, New Rochelle The Administrator reported that the Traffic Committee had reviewed a parking problem on the Boston Post Road near the driveway of the New Rochelle Lincoln Mercury dealership. Cars parking too close to the driveway apron create a serious visual obstruction for cars exiting the dealership. The recommendation of the committee is establish a "No Parking Zone" on both the north and south sides of the driveway. Each zone will be 115 ft. in length. Counsel will draft the appropriate legislation. The Board question the actual directions, whether it was the east side, or the south side, it was decided that a map be prepared. Thereafter On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was un?nimously, RESOLVED, that the Town Board does hereby set the date for the Public Hearing on the No Parking Zone, Boston Post Road, New Rochelle for 8:15 PM on the 2 day of April, 1997 ; 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 the No Parking Zone Law. 2. Authorization - Transfer of Funds Capital Project - 97-02 Purchase of Vehicles The Administrator requested authorization for the Town Comptroller to transfer funds for the purchase of vehicles pursuant to the Town's Capital Improvement Plan. He stipulated that funds in the amount of$ 15,000 will be transferred from the General Town Budget, and $75,000 from the part-town budget into capital project#97-02 and he added that this was a budgeted item. On motion of Councilwoman Wittner, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Town Comptroller to implement the transfers of funds in the amount of$15,000 from the General Town Budget and $75,000 from the part-town budget into Capital Project#97-02 Purchase of Vehicles. 2. Authorization - Collection of Taxes Westchester County Tax Warrant The Administrator said that this item was to authorize the Tax Receiver to collect County taxes. Acting Supervisor Ryan reminded everyone that these taxes are paid to the County in full whether collected or not, meaning that we as the Town have to cover the difference. Following discussion, on motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, the following was unanimously adopted: 3 March 19, 1997 STATE OF NEW YORK COUNTY OF WESTCHESTER SS: TOWN OF MAMARONECK THE PEOPLE OF THE STATE OF NEW YORK To Carmine A. DeLuca, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 19, 1997, by authority of Chapter 313 of Laws of 1934, to receive and collect from the several persons named in the Assessment Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, for the neglect to pay the State, County Town and Town District Taxes charges for services and exemptions removed after the levy thereof as follows: Judicial and County Taxes $22,536,025.00 Town and Town District Taxes 12,133,560.00 Charges for Services 630.00 Exemptions removed 313.63 Water arrears .00 $34,670,528.63 And you are hereby directed to deposit to the credit of the Town of Mamaroneck in the Bank of New York, County Trust Region, all of such moneys so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck, as required by the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck, Westchester County, New York,on the 19th day of March 1997. Signed by: Elaine Price, , SUPERVISOR 20th day of March, 1997 4. SALARY AUTHORIZATION - Recreation Department On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin, it was unanimously, RESOLVED, that as provided for in the 1994 budget the Town Board does hereby approve the authorization of salary to the following: 4 March 19, 1997 Michael Portanda, Early Morning Swim, $20/session, effective retroactive to 3114/97 replacing Enid Esmond. Anthony Fatato, Early Morning Swim, $20 1session, effective retroactive to 3/14/97, replacing Amid Esmond ORAL COMMUNICATIONS Mary Spollan passed out a transcript outtake from the March 5, 1997 Town Board meeting; then informed the Board that she had a tape of the outtake, which she then played. What follows is both the written portion of her communication and the taped version EXCERPT FROM MAMARONECK TOWN BOARD MEETING MARCH 5, 1997 Supervisor Price: We have clean up month coming March.17th St. Patrick's Day How could you forget it?And that means...... Town Administrator Altieri:During cleanup month you may put out any rubbish that we can collect at the curb any day of the week and between sanitation and highway department personnel, we will be collecting rubbish five days a week... You may put out--metal collection will still require... You may put out small pieces of furniture...old lamps...garden debris...old porcelain toilets and plumbing fixtures... things like that. If you have questions you may call the office at 381-7810... Councilman Ryan:But you may not put out any inebriated Irishmen on March 1 7th. (laughter) As rubbish (laughter) Supervisor Price: Isn't that an oxymoron? Inebriated Irishmen? Citizen:...great information to put on a home page? Supervisor Price: Inebriated Irishman or...... (laughter) Citizen:...no, important information Town Clerk DiCioccio: I have that graphic on my computer. (laughter) Ms. Spallon then said: The reason I object to this ethnic stereotyping of Irish-Americans is because it supposedly is not to be tolerated in our Town. This past year we have become very sensitive to the richness and diversity in out Town. Intolerance of or offenses against any specific group is not allowed. /was very proud when 1 joined my neighbors as we march for unity last fall, we went up the Post Road to Mamaroneck High School. We heard our civic leaders speak about diversity within our Town and against intolerance of any abuse within our Town. Our own Town Supervisor spoke out vehemently against bigotry. And yet 1 am saddened and angry at the images conjured up at the last Board meeting by our Town Council, Supervisor and Councilman Ryan which portrayed people as drunk and to be put in the rubbish. As a result of those insults I ask 3 things. 1 ask that a public apology be made to Irish-Americans, specifically by Town Supervisor Price and by Councilman Ryan. I ask the other Councilmembers to apologize for not stopping the bantering as soon as it started. Secondly, I ask for a resolution from the Town Council that no such ethnic stereotyping be tolerated in any Town meeting, on any level. Thirdly, I ask that the Human Rights Commission be asked to investigate this incident and assure Irish-Americans that nothing of this kind will ever happen again. Thank you. 5 March 19, 1997 Pat Fanning, Teacher at Mamaroneck Avenue School, as well as a resident, was insulted by the ethnic slur. Frank Fanning, resident, moved here 25 years ago, liked the community. Believe the Board should apologize and be more aware of what messages they are sending and an apology is at least expected, and agrees that a resolution be passed against ethnic abuse. Mr. Troy, resident - has never been inebriated nor seen an inebriated Irishman in our Town. Disappointed by the occurrence and wants an apology. Hugh Fox, Jr. read the following: I am Hugh Fox, Jr., the Chair of the Westchester Irish Committee, apolitical, nonpartisan committee that endorses candidates across party lines.After reviewing your inflammatory and defamatory Anti Irish comments that were expressed at your meeting of March 5, 1997.It is incumbent upon me to appear here, tonight to set the record straight. Your Anti Irish statements are irresponsible and contrary to the high standard of conduct expected of any elected official.In light of the recent Anti Semitic Bias incidents that have occurred locally, one would think that anyone would be sensitized to ethnic stereotyping especially a Town Supervisor and a Town Councilman such as yourselves. In speaking for the members of the Westchester Irish Committee and for any individual or group that has been a victim of a bias attack,I find your comments to be intentionally insulting, intemperate and outrageous. Your comments go far beyond the realm of normal discussion at a public meeting. Consequently, you have violated the Public Trust which you have pledged to uphold. Therefore, I demand an immediate,public apology from both of you. 1 am requesting that this matter be forwarded to the appropriate Town Commission and/or Committee for review and action.In addition, I will ask the Westchester County DA to investigate this incident to determine if any violations of the New York State Penal Code have occurred. Clearly,your conduct is reprehensible and beyond the scope of reasonable behavior which one may expect from any elected official. You have intentionally and deliberately violated the Public Trust.I ask every citizen of this community to join me and voice their condemnation of this Bias incident.I respectfully request that my written statement be made part of the Public Record. Mary Stein, Town resident, stated that she has 4 boys and has always taught them to be proud of their heritage and to respect others, no matter what the ethnicity. Hers is a diverse ethnic home and is disappointed in the way that the Board conducted itself at the last meeting. Pat Fanning said that she wants to hear from Elaine Price. Louise Morgner, said that she was shocked by what happened and the Board embarrassed her and owe her an apology. Hugh Fox, Jr. read and entered the following letter into the record: March 15, 1997 Town of Mamaroneck Town Supervisor-and Members of The Town Board Boston Post Road Mamaroneck, New York Regarding: Stereotypical racial type remarks March 5, 1997 by Supervisor and Member of Town Board Supervisor Elaine Price and Councilperson Ryan My name is Thomas Charles, Chair of Charities and Missions for the Westchester County Board of the Ancient Order of 1-Hiberians. I am representing John Carey, President of the Westchester County Board. We are one of the oldest, largest Irish Catholic organizations in the Country. One of our Divisions is right here in the Town of Mamaroneck. On behalf of the Westchester County Board we denounce your Bias stereotypical remarks against the Irish Community. As public officials your conduct should be of the highest standards. On taking office you pledged to uphold a public trust. Your actions 6 March 19, 1997 dictate that you have violated your oath of office and therefore should tender your resignations. In discussing the beginning of clean-up time in Mamaroneck starting on Monday, March 17, 1997 Supervisor Price proclaims that it is St. Patrick's Day and how could anyone forget that Then Town Administrator Altieri dutifully and professionally explains what kinds of material can be left out for pick-up. Whereupon, Councilman Ryan states "but you may not pick any inebriated Irishmen on March 17th"(laughing„). Supervisor Price then queries "Inebriated Irishmen isn't that an oxymoron (laughing) and Ryan states "no that's rubbish"(laughing). We are a people who suffered oppression, genocide, population thinning, hatred, and bigotry for over eight hundred years and we do not intend to have persons holding public office making stereotypical Anti-Irish remarks, not in this United States of America and especially not in The Town of Mamaroneck where recent Anti-Semitic incidents have occurred and are still under investigation. whatever committee there is to investigate such unworthy actions by ifs'public officials. We will also be forwarding this document, in the form of an official complaint to the Weschester Count District Attorney for investigation. We request that this statement be made a part of the official public record of the Town of Mamaroneck. Very truly yours, John Carey President, Westchester County Board Eleanor McDonald then presented the following: Supervisor and Members of the Town Board Town of Mamaroneck Boston Post Rd. Mamaroneck, New York Re: Mamaroneck Town Board Meeting March 5, 1997 Offensive Anti Irish remarks -Ryan-Price I am Eleanor McDonald, President of the Great Hunger Foundation, Inc., an organization that was founded to commemorate the 150th Anniversary of one of the greatest human tragedies in the history of Europe- The Great Hunger of 19th century Ireland. We promote and develop educational materials, sponsor programs and events that will create a greater understanding and knowledge of the "Great Hunger of 19th Century Ireland and its impact on American history. We conduct charitable activities aimed at combating hunger and heightening the awareness of world hunger today. The year 1997 marks the 1 50th anniversary of Black 47'the beginning of the worst part of the starvation period when over 1-5 million people died of starvation for religious and political reasons. It is with deep sorrow that we, once again, experience stereotypical Anti Irish bigotry. Those who say that they are of Irish descent and have every right to denigrate must remember that self denigration is the worst bigotry of all. It is particularly disturbing that these prejudicial remarks come from elected Town officials who take an oath of office. Clearly, in the Town of Mamaroneck, that oath has been violated by these elected officials. Speaking of rubbish collection and cautioning the public that they must not"pick up any inebriated Irishmen"is an act that must not go unpunished. No person or persons holding public office have a right to depict any culture in such a manner. We deplore your statements and demand a public apology. Supervisor Price who actively spoke against intolerance during, the recent Anti Semitic Bias incidents needs to tell us whether, indeed, she is an example of an oxymoron. 7 March 19, 1997 We insist that this matter be turned-over to a Town Committee or Commission responsible for handling such intolerable matters. We will issue a complaint to the District Attorney of Westchester County for investigation and action. We would like to have this letter made a part of the Public Record of the Town of Mamaroneck. Very truly yours, Eleanor McDonald Councilman Ryan asked if there were any other comments. He then apologized, stating that he had not intended any injury towards anyone. And that having done so, he was sorry. He said that having grown up the way he did, he had been taught to laugh at himself, and that is what he was doing, but that it should ever be construed as insulting or injurious to anyone is totally out of his intent, and once he apologized and promised that when the Supervisor returned, her response will be swift, and he was sure they would be hearing from her soon. As to the requests, he saw no problem with any of them, and after the Supervisor was apprised of the situation, there would certainly be an official stance and response. Councilman Weprin, then said that he also apologized for not being part of the bantering, but because he had not stopped it. He said that he had been a bit surprised at time at that type of humor, but honestly never thought to reprimand anyone for it, and for that he also apologizes. Councilwoman O'Keeffe, stated that she would just like to say that when this incident happened, she was stymied, she hadn't found it amusing and found it offensive. She said that she was embarrassed and because of that - she made a quick decision to let it go, and not prolong it. She said that since then having thought about it that it was probably a lack of courage, for which she apologized. She added that stereotyping any group, even in humor, i_- a way denigrating that group. So by using these stereotypes, as public officials -we endorse an idea which isn't true. She said that alcoholics and drunks are not funny, families are destroyed by alcoholism. When we are in a public forum, we public officials have to be very careful and I know myself I haven't always been as careful as I should have been. I've learned to measure my words and all of us have to be very careful. all of us are fallible and make mistakes and I apologize for not jumping in . So this taught me a lesson too. Councilwoman Wittner added her apologies, and said that she was sure that the Supervisor's response would be swift and appropriate. The Town Clerk apologized also. Councilman Ryan asked if anyone else wished to address the Board Ernie Odierna said that the Stop and Shop was a real mess and could someone look into having it cleaned up. Mr. Altieri said he would look into it. WRITTEN COMMUNICATIONS (SEE ABOVE STATEMENTS) ADJOURNMENT On motion duly made and seconded the meeting was adjourned. 8