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HomeMy WebLinkAbout1991_04_03 Town Board Regular Minutes L MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE CMMSSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 3RD DAY OF APRIL 1991 IN THE COURT ROOM OF ( THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Caroline Silverstone at 7:00 p.m., at which time the Board recessed into Executive Session. The Executive Session held in Conference Room A to discuss personnel and contract negotiations was, on motion duly made and seconded, unanimously declared adjourned at 8:13 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:20 p.m. Present were the following members of the Board: Supervisor Caroline Silverstone Councilwoman Elaine Price Councilwoman Kathleen Tracy O'Flinn Councilman Paul Ryan Councilman McGarr was absent since he was away on business. Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Michael A. Acocella, Jr., Fire Chief Louis Santoro, Deputy Fire Chief CALL TO ATTENTION Supervisor Silverstone 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 Caroline Silverstone at 8:23 p.m. in the Court Roam. Present were the following members of the Commission: commissioner Caroline Silverstone Commissioner Elaine Price Commissioner Kathleen Tracy O,Flinn Commissioner Paul Ryan Commissioner McGarr was absent since he was away on business. April 3, 1991 1. Fire Claims commissioner Ryan 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 Comptrollers Office: Acocella, Michael Jr. $ 20.00 Acocella, Michael Jr. 18.24 Coyne Textile Services 25.00 ESCO 27.25 Excelsior Garage & Machine Works, Inc. 1,784.03 Excelsior Garage & Machine Works, Inc. 1,802.92 Lawrence Heat & Power Corp. 1,165.95 Lawrence Heat & Power Corp. 103.20 Motorola, Inc. 181.60 NYNEX 9.00 Perciasepe, Peter 375.00 Rickert Lock & Safe Co. 7.00 Sterling-Contractors of Westchester, Inc. 498.00 Wescon Tire & Automotive Center, Inc. 1,208.40 $7,225.59 2. The Fire Chief informed the Board that a major fire had occurred this past Monday at 21 Harmon Drive, and again on Wednesday, noting that Wednesdays fire is being investigated as a possible arson. He stated that approximately 25 men responded. A brief conversation ensued about another fire on Monday night during the "Spring Fling" at the Ho3mdocks, and Chief Acocella was congratulated by the Board on his foresight in ensuring that there was room for Fire Trucks to enter, and on the efficiency of the Department. 3. salary Authorization Following a brief explanation and recommendation by the Administrator, on motion by Commissioner Ryan, seconded by Commissioner Price, it was unanimously RESOLVED, that this Board hereby appoints Edmund Volpe of White Plains, NY to the probationary position of Firefighter, at an annual salary of $22,000, effective June 3, 1991. There being no further business to come before this Commission, on motion by Commissioner OIFlinn, seconded by commissioner Price, the meeting was unanimously declared adjourned at 8:35 p.m. PUBLIC HEARiNGG - Amendment to the Town of Mamaroneck Ethics Law - Parking-Murray Avenue between Myrtle Boulevard and Leafy Lane 2 April 3, 1991 PUBLIC HEAR_ - Amendment to the Town of Mamaroneck Ethics Law The Supervisor r equ ested a motion to o pen the Public H e a+�„g on the proposed amendment to the Ethics Law and, on motion by Councilwoman Price, seconded by Councilwoman O,Flinn, it was unanimously RESOLVED, that the Public Hearing be, and hereby is declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. Town Counsel, Steve Silverberg, then briefly summarized the proposed amendments worked on over the past two years by the Ethics Committee. Supervisor Silverstone commented that Henry Miller, Chairman of a temporary state commission on local government ethics, suggested imposing on local governments the very amendments the Town has decided to impose upon itself. She went on to say that when the Ferrick Commission sent out a draft of their new ethics law approximately two years ago, she had asked the Board of Ethics to review it and decide which provisions may be suitable additions to our local ethics law, with the end result being two years of work in incorporating this material into the Towns Code of Ethics. The Supervisor stated that one member of the Ethics Committee, John Herz, submitted a memo to the Town Board, requesting that they consider making one small change. She then went on to read the memo: "I request that the following memo be presented at the open meeting of the Town Board to be held in April 1991 to consider the proposed Code of Ethics for the Town of Mamaroneck. This memo relates to Section 24-5 of the proposed Code of Ethics. Specifically, it pertains to Paragraph F of Section 24-5 entitled "Prohibited political activities.,, The proposed Code submitted by the Ethics Board to the Town Council contained alternative provisions but this memo relates only to the one that was tentatively approved by the Town Board for consideration at the open hearing which reads as follows: IFM paid employee or employee in a sensitive position (defined in another section of the proposed Code) shall solicit, directly or indirectly, any contribution of money, property or service for any town political organization, campaign, or candidate from a paid, non-elected employee. No paid, non-elected employee shall make any such contribution." I am a member of the Ethics Board but this mend sets forth only my personal views and not the views of the Ethics Board. There is general agreement on the principles involved: There should be freedom to vote and there should be freedom to solicit votes and there should be freedom to solicit voluntary contributions to support an issue or to support a candidate. On the other hand, all paid employees should be free of pressure to make contributions so that any contibutions they make will be purely voluntary- 3 April 3, 1991 Paragraph F, in the first sentence, in order to free the employees from any undue pressure, prohibits certain persons from soliciting contributions from non-elected employees of the Town. Paragraph F, in the second sentence, prohibits paid non-elected employees from making contributions. I believe these restrictions go too far. I have listened to the point of view of those who emphasize the importance of protecting the employee from pressure to make a contribution and I recognize the difficulty of proving that pressure has been put on an employee. I will, therefore, reluctantly accept the restrictions place in the first sentence of Paragraph F on the freedom of an individual to solicit contricutions. But if the employee is protected from. being solicited, then there should be no need to protect that employee from making contributions. I therefore suggest a middle ground: retain the first sentence of Paragraph F but delete the second sentence. cc: Board of Ethics, Town of Mamaroneck" A member of the Ethics Board, Anna Reisman, explained from the floor that since the Board was divided, with strong opinions on each side, they did not vote and decided to leave this up to the Council. She noted that she did not agree with John Herz. The Supervisor stated for the record that since this is an all Democratic Board, she felt it only fair to communicate with the Chairman of the Republican Party and she had sent the proposed law to him, with a letter offering him the opportunity to came and be heard. She added that he had told her he would send a representative, but apparently no one is present at this Hearing. Councilwoman Price mentioned that one of the issues that had come up, when talking to Town employees, is that we have a certain amount of freedoms to interrelate and interact with employees without the Spector of somehow implicitly soliciting, which is so corrosive to free government. She noted that when you really came down to it, it is very difficult to define solicitation directly, indirectly, or otherwise, and so an employee is protected from that sense of undue influence. Councilwoman OIFlinn agreed with Councilwoman Price and emphasized that it also would be difficult for an employee to show that there had been undue influence, which is the real crux of the problem, and why she feels that in that particular paragraph those two sentences go hand in hand. Councilman Paul Ryan disagreed with Councilwomen Price and OIFlinn, stating that he agrees with John Herz and that one of his beliefs is that the best government is one that governs least. He felt that this is a bit of over controlling of an individuals right to do as he wishes in a democratic society. He added that according to this amendment an employee cannot even stuff envelopes for a candidate, and this is just too much interference, since in our society we must learn to accept some of the excesses and same of the inequities to protect that very society. The Supervisor asked if anyone wished to address the Board either in favor of or in opposition to the proposed amendment. 4 April 3, 1991 Town Clerk, Pat DiCioccio, stated that she has the unique position of being a paid employee and an elected official, and as an employee she would resent losing the right to be involved with a party, emphasizing that her incentive to run for election was due to her becoming involved with a party, and this right would be taken away. She went on to say that she had spoken to a few employees and they felt that no law or code should have the right to tell then they cannot contribute to a campaign. Councilwoman Price remarked that there is a balance but if one perceives the improper or undue influence as documented on the federal, state and local level, you can see that this must be addressed since it compromises the political process and interferes with good government. She added that freedom of the employee is paramount, yet the minute someone gets a promotion and is friendly with an elected person, the stage is set for compromising of government- The Supervisor stated that an employee can still work on a campaign at any other level of government. Councilman Ryan mentioned another aspect of this amendment under section 24-6 E. with respect to person seeking to do business with the Town who must inform in writing about any contribution to any political organization, campaign or candidate. Further discussion ensued. There being no further comments from the Board or from the floor, the Supervisor asked for a motion to close the Hearing and, on motion by Councilwoman O'Flinn, seconded by Councilwoman Price, the Public Hearing was unanimously declared closed. Supervisor Silverstone announced that she would not ask for a vote tonight without Councilman McGarr's presence were she not positive that he is fully in favor of this amendment. Thereafter, on motion by Councilwoman O'Flinn, seconded by Councilwoman Price, the following resolution was unanimously adopted: Local Law No. 2-1991 CODE OF ETHICS__-- A local law to .amend local law #12-1955. §24-1 - Legislative intent. The Town Board of the Town of Mamaroneck recognizes that there are state statutory provisions mandating towns to codify rules and standards of ethical conduct for employees and persons engaged in business with the town which, when implemented and adhered to, will further enhance public confidence in local government. It is the purpose of this local law to comply with state law, to create a Board of Ethics, to establish standards of conduct for employees, to prescribe certain disclosure by employees and persons engaged in business with the town, and to set -forth functions of the Board of Ethics. 5 April 3, 1991 §24-2 Provisions implementing state law. The standards, prohibited acts and procedures established by this local law are promulgated in addition to any provisions prescribed by the State of New York, and administrative rulings, common law rules and judicial decisions relating to the conduct of employees and not in derogation thereof. §24-3 Board of Ethics. There is hereby established a Board of Ethics consisting of five members to be appointed by the Town Board. All of said members shall reside in the Town of Mamaroneck and shall serve without compensation, for a period of three years to be determined by the Town Board. Initial appointments are to be staggered so that no more than two member positions will expire in any one year. A majority of such members shall be persons other than town employees but shall include at least one (1) member who is an elected or appointed town employee. §24-4 Definitions. For the purpose of this local law, the terms used herein are defined as follows: TOWN - Any board, commission, district, council, court, or other agency, department, unit or subdivision, of the government of the Town of Mamaroneck. EMPLOYEE - Each officer, volunteer or employee of the Town of Mamaroneck, whether paid~-,or-- unpaid, whether elected or appointed, whether serving in a full-time, part:-time or advisory capacity. Volunteers whose responsibilities, do not give rise to possible violations of these rules- shall not be considered employees for the purpose of this Code. The Town Board, shall determine which volunteers shall be considered employees for this purpose. SENSITIVE POSITIONS - The following positions entail potential conflicts of interest and are deemed to be sensitive positions: Supervisor, Member of the Town Council, Town Clerk, Deputy Town Clerk, Town Justice, Town Administrator, Counsel to the Town or Town Attorney, Town Prosecutor, Superintendent of Highways, Superintendent of Recreation, Building Inspector, Assistant Building Inspector, Fire Chief, Deputy Fire Chief, Fire Inspector, Police Commissioner, Chief of Police, Comptroller, Deputy Comptroller, Director of Public Housing, Public Housing Administrator, Town Engineer or Consulting Engineer, Senior Engineering Aide, Assessor, Member of the Board of Review, Real Property Appraiser, General Foreman, Member of the Planning Board, Member of the Zoning Board of Appeals, and Counsel to the Planning Board and the Zoning Board of Appeals. In the event that a new position is created at a later date which the Town Administrator deems to be sensitive then such position shall be added to this list upon the adoption of a resolution by the Town Board. §24-5 Standards of conduct for employees. Each employee shall endeavor to pursue a course of conduct that will avoid not only an actual conflict of interest but also the appearance of a conflict of interest, and each employee shall avoid engaging in any acts that would violate his/her public trust. 6 April 3, 1991 A. Conflicts of interest. _ 1. No employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business, service, transaction, or professional activity or incur any obligation of any nature that is or might reasonably appear to be in conflict with the proper and impartial discharge of his/her public duties. 2. No employee shall engage in any transaction as a representative or agent of the town with any business entity in which he/she has a direct or indirect interest, financial or otherwise, if such transaction will conflict or would reasonably appear to conflict with the proper and impartial discharge of his/her public dutues. 3. No employee shall solicit, negotiate for, accept or promise to accept employment by any person, firm or corporation with which the employee or his/her department is engaged in the transaction of business on behalf of the town and which might reasonably appear to affect or impair his/her independence of judgment in the exercise of official duties. B. Improper conduct. 1. No employee shall, except in the performance of his/her duties, use or attempt to use his/her official position to secure or deny privileges, benefits or exemptions for himself/herself or others, nor shall an employee act so that a reasonable person might conclude that the employee intended to use his/ her official position to secure or deny privileges, benefits or exemptions for himself/herself or others or that any person could improperly influence him/her in the performance of his/her official duties by offering the employee a privilege, benefit or exemption. 2. No employee, in the performance of his/her official duties, shall give any special consideration, treatment, favor, or advantage to any citizen beyond that which is available to every other citizen. C. Treatment of confidential information. 1. No employee shall disclose confidential information acquired by him/ her in the course of performing'-his/her public duties or use such information to further his/her private interests or the private interests of any other person or entity. 2. No employee shall accept employment or engage in any business or professional activity that will require him to disclose confidential information that he/she has gained by - reason of his/her official position or authority. 7 April 3, 1991 i r D. Use of town property or employees. 1. No employee shall direct or cause any other employee to do or perform any service or work within the hours of employment by the town where the service or work is outside the scope of his/her official duties or employment for the town, nor shall any town employee perform such service or work. 2. No employee shall request or permit the use of town-owned vehicles, equipment, materials, or property for his/her own personal convenience or profit other than for the use of the employee in the conduct of his/her official duties. E. Solicitation or acceptance of gifts and favors. No employee shall solicit or accept any gift, favor or other thing of value, irrespective of form, either directly or indirectly, from any person, firm or corporation which the employee has a reasonable basis to believe is interested directly or indirectly in any matter or business dealing with the town, and under circumstances in which a reasonable person could infer that the gift or favor was intended to influence the employee in the performance of his/her official duties. F. Prohibited political activities. No paid employee or employee in a sensitive position shall solicit, directly or indirectly, any contribution of money, property or service for any town political organization, campaign, or candidate from a paid, non-elected employee. No paid, non-elected employee shall make any such contribution. G. Representation of private interests before the town. No employee in a sensitive position shall represent an interest in a matter, either in support or in opposition, that is pending before the town nor shall an employee in a sensitive position represent any party other than the town in litigation in which the town is a party. In this paragraph, the term "employee" shall include any partner or employee of a partnership or shareholder or employee of a personal service corporation which represents such interest. Nothing contained herein shall be construed as prohibiting an employee from appearing before the zoning board on an application for a variance concerning his/her personal residence or from participating as a litigant against the Town. 8 April 3, 1991 H. Future employment. No employee, after the termination of his/her public service to the town, may represent a party or appear before the town in connection with any matter, case or application in which he/she personally participated during the period of his/her town service, or which was pending or under consideration in the department in which the employee worked at the time of his/her town service and of which the town employee had personal knowledge. Employees in sensitive positions may not appear before any town board or commission on behalf of any other party for a period of two years after termination of his/her public service to the town. In this paragraph, the term "employee" shall include any partner or employee of a partnership or shareholder or employee of a personal service corporation which represents such party or appears in such matter. This provision does not apply to investigations by the town or court actions for which the employee might be asked to serve as a witness regarding actions during his/her town service. I. violations. In addition to any penalty contained in any other provisions of law, any employee who shall knowingly and willfully violate any of the provisions of this local law shall be guilty of a misdemeanor and may be subject to a fine of up to $1000 and/or imprisonment of up to six (6) months in jail and shall be further subject to suspension or removal from office or employment in the manner provided by law. Any person who shall knowingly and willfully violate any of the foregoing provisions of this code shall, upon conviction thereof, forfeit employment with the town. §24-6 Disclosure. A. Each employee in a sensitive position shall on or before January 31 of each year, or if not in such a position on that date, then within 30 days after assuming such a position, and any employee requested at any time by the Board of Ethics to file a disclosure statement shall file a disclosure statement setting forth his/her property ownership in the town and such information as to his/her employment and financial interests as may be set forth in a form prescribed by the Board of Ethics. The information requested of an employee may also include information about the employees's spouse or other person to whom the employee is related or with whom the employee has a business or financial relationship. Such form shall be filed with the Town Clerks office and shall be available for inspection by all persons upon -written request. Further 9 April 3, 1991 information shall be filed by an employee in a sensitive position when reasonably requested by the Board of Ethics at any time. The employee shall promptly file a report of any change as to the information previously filed. B. On or before the date set forth in §24-6A, each employee shall also file a statement on the form prescribed by the Board of Ethics stating that he/she has read the Code of Ethics, understands the Code of Ethics and has not violated the Code of Ethics. C. Any employee who has a direct or indirect financial or other interest in any matter before the Town Board, and who participates in any discussion before or makes a recommendation to, or gives an opinion to the Town Board on that matter, shall publicly disclose on the official record the nature and extent of such interest. D. Refusal by an employee to file a disclosure statement may be grounds for dismissal from employment or other disciplinary action. E. Persons seeking to do business with the town or engaged in business with the town must inform the town in writing about any contribution of money, property or service to any town political organization, campaign or candidate. Failure of a person making such a contribution to inform the town about it will be grounds for the towns turning down a proposal for business or terminating existing business with such person. §24-7 Functions of the Board of Ethics. A. Disclosure procedure. 1. Review of disclosure statements. The Board of Ethics shall review all employee disclosure statements. It shall consider possible conflicts of interest and render advisory opinions to the Town Board where conflicts of interest may exist. 2. Notification. An employee shall be notified by mail if the Board of Ethics requires clarification or has questions about his/her disclosure statement or intends to render an opinion that a conflict of interest may exist. The employee shall have an opportunity to file a written response to such communication prior to the Board of Ethics, reporting a possible conflict of interest. 10 April 3, 1991 i 3. Personal Conference. A personal conference with an employee shall be held if` requested by the employee or by the Board of Ethics. B. Advisory Opinions. 1. The Board of Ethics shall render advisory opinions to employees upon their written request, and to the Town Board upon its written request. 2. An advisory opinion rendered at the request of an employee asking about a possible, prospective action or situation shall be confidential, and the identity of the employee shall not be disclosed if no action is taken by the employee in apparent violation of the Code. 3. An advisory opinion rendered at the request of the Town Board shall be filed with the Town Board. C. violations. The Board of Ethics shall refer apparent violations to the Counsel to the Town or to the Town Attorney for appropriate action. D. Request for Opinion of the Counsel to the Town or the Town Attorney. The Board of Ethics may consult with and request the opinion of the Counsel to the Town or Town Attorney. E. Recommendations. Upon request of the Town Board, the Board of Ethics shall make recommendations to the Town Board as to any amendments of this local law. F. Referral. The Board of Ethics may refer any matter within its jurisdiction to the County Ethics Board. G. Rules and Regulations. The Board of Ethics, upon its formation, shall promulgate its own rules and regulations as to its form and procedures, shall maintain appropriate records of its opinions and proceedings, and make such reports as it believes useful. 11 April 3, 1991 ; i - - ------- - §24-8 Copies distributed to employees; posting of local law. Upon the adoption of this local law, the Town Supervisor shall cause a copy thereof to be distributed to every employee of the town. Each town employee shall acknowledge receipt of a copy of this local law and affirm that his/her compliance with its provisions is a condition of his/her employment or elected position. Failure to distribute such copy or failure of any town employee to receive such copy, however, shall have no effect on the duty of compliance with this code, nor the enforcement of provisions hereof. The Town Supervisor shall, further, cause a copy of this local law to be kept posted conspicuously in each public building under the jurisdiction of the town. Failure to so post this local law, however, shall have no effect on the duty of compliance herewith, nor the enforcement of provisions hereof. §24-9 Copy to be filed. Within thirty (30) days of the adoption of this local law the Town Clerk shall file a copy thereof in the office of the State Comptroller. §24-10 Appropriation of funds. The Town Board may appropriate necessary moneys from the general town funds for the maintenance of and for the personnel services to the Board of Ethics established hereunder. The Board of Ethics may not, however, commit the expenditure of town moneys except within the appro- priations provided by the Town Board. §24-11 Severability. Should any provision of this local law be found illegal or unconstitutional by a court of competent jurisdiction, such finding shall not affect any other provision of this local law. §24-12 When Effective. This law shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Caroline Silvertone VOTING aye Elaine Price VOTING aye Kathleen Tracy O,Flinn VOTING aye Paul Ryan VOTING aye The resolution was therein declared duly adopted. 32 April 3, 1991 PUBLIC HEARING - Parking-Murray Avenue between Myrtle Boulevard and Leafy Lane The Supervisor requested a motion to open the Public Hearing on a proposed local law relating to parking on Murray Avenue, and on motion by Councilwoman O'Flinn, seconded by Councilwoman Price, it was unanimously y RESOLVED, that the Public Hearing be, and hereby is declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. The Town Administrator clarified. The Supervisor asked if Councilwoman O'Flinn, as liaison to the Traffic Committee, was satisfied with the their recommendations. Councilwoman O'Flinn responded that she was satisfied since she foresees no hardship on anyone who tends to park in the area since there are sufficient spaces on both sides to alternate, and the street cleaning will make it much more attractive. The Supervisor then asked if anyone wished to be heard in favor or in opposition. There being no further comments, she asked for a motion to close the Hearing. On motion by Councilwoman Price, seconded by Councilwoman O'Flinn, the Public Hearing was unanimously declared closed. Thereafter, on motion by Councilwoman O'Flinn, seconded by Councilman Ryan, the following resolution was unanimously adopted: LOCAL LAW 3-1991 PARKING REGULATIONS - MURRAY AVENUE 1. Purpose The purpose of this local law is to regulate the hours of parking on Murray Avenue so as to allow for regular street cleaning. 2. Prohibitions A. Parking shall be prohibited on the northease side of Murray Avenue between Myrtle Boulevard and Leafy Lane on Tuesdays from 9:00 a.m. to 12 noon. B. Parking shall be prohibited on the southwest side of Murray Avenue between Myrtle Boulevard and Leafy Lane on Thursdays from 9:00 a.m. to 12:00 noon. 3. Severability Should any provision of this local law be declared illegal or unconstitutional by a court of competent jurisdiction, such determination of illegality or unconstitutionality shall not affect any other provision of this local law. 4. Effective Date This local law shall become effective immediately. The question of the adoption of the foregoing resolution was duly put -� to a vote on roll call, which resulted as follows: Caroline Silverstone VOTING aye Elaine Price VOTING aye Kathleen Tracy O'Flinn VOTING aye Paul Ryan VOTING aye The resolution was thereupon doolared duly adopted. 13 April 3, 1991 AFFAIRS OF THE TOWN 'i '✓ y4 I. Authorization - Accept Bids-Parking Meters Following explanation by the Administrator, on motion by Councilwoman Price, seconded by Councilman Ryan, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to prepare specifications and receive bids for the purchase of thirty-seven parking meters for Lots 41 and #2 at an estimated cost of $6,000. 2. Authorization - Telephone System Improvements This item was deferred to the next meeting. 3. Salary Authorization - Highway Department - Recreation }= The Administrator reported that this was for promotion of a new General Foreman to replace Mr. Ed Rilley who retired, noting that recommendation was made following review and evaluation of two candidates. On motion by Councilman Ryan, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby approves the promotion of Bernardino DiSotto to the position of General Foreman in the Highway Department, and authorizes annual salary of $37,500. On motion by Councilwoman O'Flinn, seconded by Councilman Ryan, it was unanimously RESOLVED, that as provided for in the 1991 Town Budget, authorization is hereby granted for payment of salaries to the following: Lester Wauchope, Senior Tennis Attendant, $9.50/hour effective retroactive to 3/28/91; Nicholas Brindel, Tennis Attendant, $8.00/hour effective retroactive to 4/1/91; David Paterno, Tennis Attendant, $7.50/hour effective retroactive to 4/4/91. 14 April 3, 1991 4. Authorization - Capital Project #89-8-Reconstruction of Sidewalks The Administrator briefly recounted that $45,000 had been authorized in 1989 and $45,000 in 1990 for sidewalk projects, which were completed for only $70,000, and this authorization was merely to transfer the remaining money from the Highway Fund to the Capital Projects Fund #90-11. On motion by Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously RESOLVED, that this Board hereby authorizes the Comptroller to transfer money appropriated in the Highway Capital Project Fund #89-8 to the Capital Projects Fund #90-11. S. Proposed Increase to Permit Parking Fees Following a brief explanation by the Supervisor with regard to the increase in permit parking costs, a discussion ensued among the Board concerning each increase. Thereafter, on motion by Councilwoman Price, seconded by Councilman Ryan, it was unanimously RESOLVED, that this Board hereby approves the following changes in parking fee permits issued by the Office of the Town Clerk as follows: Lot #1 DAYTIME from $175 per year increased to $215 per year; Lot #1 DAYTIME from $55 per three months increased to $65 per three months; Lot #3 24-HOUR from $200 per year increased to $250 per year; Lot #3 24-HOUR from $150 per year Seniors increased to $175 per year Seniors; Lot #3 OVERNIGHT -- No Change; Lot #3 to be converted from DAY/OVERNIGHT to 24-HOUR with a decrease from $300 per year to $250 per year; Lot #3 to be converted from DAY/OVERNIGHT to 24-HOUR with a decrease from $260 per year Seniors to $175 per year Seniors; Lot #1 RESIDENT MUM from $5.00 per six months to $10.00 per year; Lot #1 NON-RESIDENT METIER from $100 per year to $125 per year; 15 April 3, 1991 and be it further RESOLVED, that this Board hereby approves the following changes in the number of parking spaces: Lot #1 DAYTIME - 225 spares to be reduced to 215 spaces; Lot #1 RESIDENT METER. - 31 spaces to be increased to 34 spaces; Lot #1 NON-RESIDENT METER - 36 spaces to be increased to 48 spaces. APPROVAL OF MINUTES The Minutes of the Regular Meeting of March 6, 1991 were approved. THE SUPERVISOR Supervisor Silverstone announced that the Town, together with Larchmont Village, will be receiving a recycling award on April 16th for the recycling of plastics. TOWN CLERK The Town Clerk presented the Monthly Report of the Office of the Town Clerk for the month of March 1991. REPORTS OF THE COUNCIL Councilman Ryan reported that the Larchmont/Mamaroneck Cable Board of Control held its meeting last Tuesday and beginning on April 17th all Town Board Meetings will be regularly televised. He noted that at the meeting they formally approved both budgets of IMC TV and the Board of Control, and raised objections to the new UA Columbia tiering proposals. A brief discussion ensued among the Board with regard to the UA Columbia changes and the issues involved. i 16 April 3, 1991 Councilwoman O'Flinn mentioned that she and Claudia Ng met with Robert Herberger, who is with the Bureau of Forest Resource Management of the DEC, to discuss the National Arbor Day Foundations TREE CITY program. She went on to say that they were informed that the Town would benefit froam and, she felt, could easily qualify for a TREE CITY USA award. She stated that the requirements are an Arbor Day Observance and Proclamation, a Tree Board or Department, a tree ordinance, and a workplan and budget. She felt that, with the Boards approval, they could proceed with the application and the award would be presented next spring. The Supervisor suggested that the approval to submit application be placed on the Agenda for the next meeting, together with the Arbor Day proclamation. WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS There were no written or oral coam unications to wane before the Board at this time. AWOURDIIEENT There being no further business to coarse before the Board, on motion by Councilwoman Price, seconded by Councilman Ryan, the meeting was unanimously declared adjourned into Executive Session to discuss real estate negotiations. Patricia A. DiCioccro Town Clerk 17