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
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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-
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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.
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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.
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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.
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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.
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April 3, 1991
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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.
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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
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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.
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April 3, 1991
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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.
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April 3, 1991
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§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.
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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.
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April 3, 1991
AFFAIRS OF THE TOWN
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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.
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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;
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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
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