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HomeMy WebLinkAbout1992_01_22 Town Board Regular Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF NONECK HELD ON THE 22ND DAY OF JANUARY 1992 IN THE COURT ROOM AND CONFERENCE ROOM A OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NY. CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 7:05 pert, at which time on motion duly made and seconded, the meeting was declared adjourned into a Work Session in Conference Room A to discuss the proposed amendment to Local Law #5-1984, and the proposed incinerator law. The Board members held a lengthy discussion regarding the Police Department Law (LL #5-1984) , reviewing the history of the law and its j potential impact on the department. They discussed also the restructuring of the Department should they choose to adopt the legislation. Mr. Jakubowski, the Building Inspector, distributed the proposed incinerator law. The members of the Board asked him the time span necessary to implement the law, to which he replied at least two years. He said that he had reviewed the Alden House map and showed them bin placements and what the problems would be. He also spoke about disposal bins at Washington Square and No Chatsworth. The Building Inspector reported that he had issued four violations in the past few weeks because of emissions, but that he was unable to detect any toxic emissions. There was a general discussion on the Supplemental Environmental Impact Statement, its cost and what they wanted covered in it. The Work Session on motion made by Councilwoman Price, seconded by Councilwoman O'Flinn, was unanimously declared adjourned at 8:20 pen. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:25 pert in the Court Room. Present were the following members of the Board: Supervisor Caroline Silverstone Councilwoman Elaine Price Councilman John McGarr Councilwoman Kathleen Tracy O'Flinn Councilman Paul A. Ryan Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverstone, Town Counsel Paul Munch, Police Chief CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. PRESENMTION - Police Department Awards Ceremony The Supervisor introduced the Police Chief requesting him to proceed with the ceremony. Chief Munch came forward and thanked the Board for participating in the awards and said that he was pleased at the presence of so many members of the Department as well as their families. He then requested Lt. Rivera to present the awards. Lt. Rivera then asked that the following officers coarse forward and receive their awards and when so doing to introduce those family members that were in attendance. He presented the following awards: Distinguished Police Duty: Police Officer Frank Fox Excellent Police Duty: Police Officer Thomas Gisin (2) Police Officer Frank Dellacamera Police Officer Chris Saline (2) Police Sergeant Michael Nardelli Police Officer Harry Petersson Police Officer Michael Graziano Police Officer Dominick Forti Police Sergeant Frank Occhiogrosso Police Officer Robert Petersson Detective Sergeant Robert Koziak Detective James Pyrch Chief-Is Achievement Award Detective Michael Cindrich Good,Conduct Certificates Lieutenant John Anderson Lieutenant Richard Rivera Detective Sergeant Robert Koziak Sergeant Michael Nardelli Sergeant John Fox Sergeant Frank Pennachio Detective James Pyrch Detective Michael Cindrich Detective Stephen Cassiero Police Officer Paul Degenhardt Chief Munch then requested the following officers to come forward, announcing that they were receiving promotions, and asked the Supervisor if she would execute the Oath of Office. Supervisor Silverstone then swore in the following officers to their new positions. i Promoted: Robert Koziak (Detective Sergeant to Lieutenant) Michael Cindrich (Detective to Sergeant) New Appointment: Daniel R. Smith (Probationary Police Officer #106) i PUBLIC HEARIM - Amendment to Local Law No. 5-1984 The Supervisor asked the Town Attorney to explain the amendment. Mr. Silverstone said that the purpose of the proposed amendment was to provide for the efficient administration of the Police Department by creating by resolution a Board of Police Commissioners made up by three members of the Town Board appointed by the Supervisor; it also outlines the duties of the Police Commissioners as well as the Police Chief. 2 January 22, 1992 r The Supervisor then invited anyone wishing to speak in favor of the law to cane forward and do so, reminding them to please give their name and addresses for the record. The following people spoke in favor: John Perone Prospect Avenue former Assemblyman and Town Councilman � spec ( yman Irving Scharf, Richbell Road Sandy Tashoff, Town resident Bill O'Gorman Linda Harrington, Forest Avenue Mr. Peron said that he is in favor of the concept but had some concern about establishing a Police Commission or commissioner by resolution. He questioned whether it might be a better idea to do it by local law therefore by Public Hearing, which would allow public input into the decision. Ms. Harrington said that she thought this a good idea, but that the Board should rethink changing something this important by resolution, without public scrutiny. Ms. Tashoff said that the members should all be citizens of the Town. Mr. O'Gorman thought that it might be a better solution to have three Board members, three residents and one alternate member. Supervisor Silverstone then requested anyone wishing to speak in opposition to law to now cane forward. The following people spoke in opposition: Ms O'Keefe, Maple Hill Drive, who said that while she was in favor of eliminating the Police commissioner position, she had serious doubts about the Board serving as Commissioners and that she strongly objected to being to move back and forth in changing the formats by resolution rather than by public hearing and law. Mr. Peron offered that although he was in favor of establishing a Police Commission, he wanted to emphasize his opposition to changing the law by resolution, which leads to closed government without public participation. The Supervisor asked if any Board member wished to speak on the matter. Councilwoman O,Flinn stated that she thought that it would be appropriate to change the law to require a public hearing to change from a Police Commission to Commissioner or any other part of the law. Councilwoman Price said that she thought that this was a good law and agreed that a public hearing be included and that she welcomes public input on this item as well as any other law or resolution this Board considers. She said to have an effective atmosphere, public scrutiny and comment is essential to the workings of government. Councilman Ryan offered that his views have been clearly in favor of the Chief heading the Department, but since problems do crop up he would like to see all options left open to make changes as deemed necessary. He also agreed that to make those changes a public hearing should be included in the law. Councilman McGarr stated that he thought any changes should be by law and public hearing. He also noted that he believed the position of Police Commissioner was more responsive to the community as a whole rather than a Commission. i Supervisor Silverstone said that she had been back and forth on the question that she had been on the Board that had created the Police Commissioner and thought that it brought professionalism and flexibility to the Department. She said that it had been a different 3 January 22, 1992 atmosphere when the position was created and at the time it was deemed a necessity. She added that no matter what the outcome to the position, she thought it prudent and good government to require a public hearing to make changes to the law. The Supervisor asked the Board if they wanted to defer approval or to adopt the law and change it at the next meeting. Councilwoman Price, Ryan and OIFlinn all said that they thought it best to adopt this evening and amend the law to require a public hearing at the next meeting. On motion of Councilwoman Price, seconded by Councilman Ryan, the hearing was closed. On motion of Councilwoman Price, seconded by Councilman Ryan, I RESOLVED, that the Town Board does hereby adopt the amendment to Local Law No. 5-1984 as follows: IOCAL LAW N0. 1-1992 This Local Law shall amend Local Law No. 5 of 1984 entitled "Police Department Town of Mamaroneck: Section 1. purpose: The purpose of this local law shall be to provide for the efficient administration of the Police Department of the Town. Section 2. Board of Police commissioners: I Section 59-7 is hereby amended by adding to the end of that section the following language: The Town Board may, by resolution, in place of a single police commissioner, designate a Board of Police Commissioners which shall consist of three members of the Town Board. Upon the adoption of such a resolution by the Town Board, the Supervisor shall annually appoint three members of the Town Board to serve as the Board of Police ommiissioners, as provided for herein. The Supervisor shall chair the Board of Police Commissioners, unless the Supervisor is not a member, in which case the Supervisor shall designate one member to act as chair. Section 3. Duties of Police Commissioners: Add a new section 59-8A which shall read as follows: Should the Town Board by resolution appoint a Board of Police commissioners: (a) The Chief of Police shall hire, discipline and promote members of the department, establish departmental rules and regulations and be responsible for the day to day operation of the department, all subject to approval by the Board of Police j Commissioners and all other applicable laws governing such activities. b In in out the day to day operations of the ( ) carrying Y Y Pia department, the Chief of Police shall have reasonable discretion to take such actions as are necessary to ensure the safe and efficient operation of the Department, in a manner consistent with accepted police practices, provided, however, that fundamental policy changes including those which should properly be included in department rules and regulations shall be subject to the restrictions contained in paragraph (a) of this section. 4 January 22, 1992 i (c) The Chief of Police shall periodically, and not less that quarterly, report to the Board of Police Commissioners personally on the status of the Police Department and its personnel. i (d) Except as to discipline of the Chief of Police, all departmental disciplinary charges shall be brought by the Chief of Police subject to the requirements of applicable law. All such charges shall be heard by a hearing officer appointed by the Board of Police Commissioners. In the case of disciplinelof the Chief of Police such charges shall be brought by the Board of Police Commissioners and shall be heard by a hearing officer appointed by the Board of Police Commissioners. (e) In all other instances the Board of Police Commissioners shall be granted all of the powers and duties granted to a Board of Police Commissioners under Chapter 104 of the Laws of 1936, as amended. Section 4. Superseding State Legislation: It is the purpose and intent of this local law to supersede Chapter 104 of the Laws of 9136, as it relates to the powers and duties of the Chief of Police and the Board of Police Commissioners. The Town Board, pursuant to the authority granted to the Towns Board by the Municipal Hone Rule Law may supersede such a special act of the legislature is inconsistent with Local law No. 5 of 1984 of the Town of Mamaroneck, as amended previously, and by this local law, than Chapter 104 of the Laws of 1936, as amended is hereby superseded. Section 5. Severability: Should any provision of this local law be declared illegal or unconstitutional by a court of competent jurisdiction, such declaration shall not effect any other provision of this local law which may be otherwise implemented and enforced. Section 6. Effective Date: This local law shall take effect immediately. Ayes: Ryan, O'Flinn, Price, Silverstone Nays: McGarr On motion of Councilman Ryan, seconded by Councilwoman Price, RESOLVED, that the Town Board does set February 5, 1992 as the date for the Public Hearing to amend Local Law No. 1-1992 entitled "Police Department; and i BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to post and publish the legal notice of Public Hearing for the amendment to said local law. Ayes: Ryan, O'Flinn, Price, Silverstone Nays: McGarr 5 January 22, 1992 BOARD OF FIRE C=4ISSIONERS The meeting was called to order by Commissioner Silverstone at 9:15 pm in the Court Roam. Present were • the following members of the Commission. Commissioner Caroline Silverstone Commissioner Elaine Price Commissioner John McGarr Commissioner Kathleen Tracy O'Flinn Commissioner Paul A. Ryan 1. Fire Claims Commissioner McGarr presented fire claims for authorization of payment and on his motion, seconded by Commissioner Ryan, it was unanimously I 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: AAA Emergency $ 396.53 AAA Emergency 679.95 AAA Emergency 94.00 Brewers Hardware 14.67 Con Edison 3.00 Con Edison 2.00 Con Edison 28.37 Lawrence Heat & Power 734.53 Lawrence Heat & Power 199.56 I $ 2,152.61 2. Report on Replacement of Paging Transmitters Chief Santoro said that he has put together a proposal for a new paging base station, emphasizing that the present station is 14 years old and that the Fire Department is having problems with it. He said that the system has failed on numerous occasions during the past five weeks and this is the system they rely on to notify members of an emergency or a fire. He added that replacement of the system is imperative and any delay or failure of the system could result in a loss of life and/or ProPea�ty• After questions regarding the present system and the proposed cost by the Commission members, on motion of Councilman McGarr, seconded by Councilman Ryan, it was unanimously, WHEREAS, the Fire Chief has informed the Board of Fire Commissioners of an emergency situation caused by the repeated breakdown of the paging station; and WHEREAS, the paging station is the means by which members are notified of an emergency or fire; NOW THEREFORE, BE IT RESOLVED, that the Board of Fire commissioners does hereby authorize the emergency expenditure of funds to replace the paging station at a cost of $3,911.00 as proposed by the Fire Chief. 6 January 22, 1992 There being no further business to come before this Commission, on motion Commissioner McGarr, seconded commissioner O,Flinn the by . by meeting was unanimously declared adjourned at 9:35. I AFFAIRS OF THE TOWN 1. Request for Temporary Sign -Nathan's Famous Mr. Altieri said that the Board of Architectural Review had reviewed the request for the temporary signs and had recommended that the colors on the sign be a green background similar to the canopy incorporating either tan or wheat lettering; the signs should be limited to 3 feet high by 16 feet wide, placing them on the canopy so that no part extends beyond; there should be no more than two signs; the signs shall have I Y" on them and no more information than proposed on the plans; and the display shall be limited to 15 days. After a brief discussion, On motion of Councilwoman Price, seconded by Councilwoman OrFlinn, it was unanimously, RESOLVED, that the Town Board does hereby approve the request for temporary signs at Nathan's Famous, 1265 Boston Post Road, subject to the recommendations given by the Board of Architectural Review as follows: 1) The colors on the sign be have a green background similar to the canopy incorporating either tan or wheat lettering; 2) The signs should be limited to 3 feet high by 16 feet wide and shall be placed on the canopy so no part extends above or below the actual canopy and shall be limited to two in number; 3) The signs should have no more information than shown on plans submitted and must include nANNIVERSARY.n 4) The display shall be limited to the fifteen day period specified in the Ordinance. 2. Authorization - WW - 1992 Capital Projects The Administrator said that he had received a communication from Mr. j Hoch, Manager, WJWW, regarding the questions the Board had at the last meeting on the project to replace the roof on the Mamaroneck Plant. He said that the cost of $100,000 was estimated by Architect, Alan Garry of Alan Garry, Alexis, Assocs. (AGA) , and that the project was advertised, with only one bid being received in the amount of $262,500 from Beninati Roofing and Sheet Metal Company. Mr. Altieri said that Mr. Hoch then with the architect recommended that the bid be rejected, and that the WW Board concurred and rejected it in November. He explained that after rebidding, three bids were received in December, said bids submitted with two alternatives. He went on, as specified, the lowest bid was $143,000, Alternative 1 - $97,557 (salvaging tiles) Alternative 2 - $116,392 (larger tile) , it was the opinion of the architect that since the life expectancy of the roof with the larger Altus tiles would be 100 years, it made sense to pick that one and the 7 January 22, 1992 i MUM Board agreed. The Administrator noted that the total cost is now set at $125,00, when you include the $2,500 for inspection and $5,819 for contingencies. The Town Administrator said that in addition at the last meeting there was a mix-up and the authorization for monies for Engineering Designs for the Capital and Local Projects was not included. He added that the Town of Mamaroneck share of that cost is $27,400. On motion of Councilman Ryan, seconded by Councilwoman OIFlinn, it was unanimously, RESOLVED, that the Town Board does hereby approve the expenditure of $26,375, based on the allocation of 21.1% of $125,000 (total cost) , which is the Towns percentage cost for the replacement of the WJWW Mamaroneck Plant roof. I On motion of Councilman Ryan, seconded by Councilwoman OIFli.nn, it was unanimously, RESOLVED, that the Town Board does hereby approve the expenditure of $27,400 based on the allocation of 21.1% of $130,000 (total cost) , which is the Towns percentage cost for the engineering design costs for WJWW 1992 Projects A-1045 (Rye Lake) , A-1046 (New 1.0 mg Tank) , A-1047 (Modification to Existing Tank) , and A1048 (Caustic Feed Station) . At this time the Supervisor added appointments to the Police Commission to the agenda. Supervisor Silverstone said that she had decided on the three Board members that she wanted to appoint to the commission. Her appointments were as follows: Councilwoman Elaine Price Councilwoman Kathleen Tracy OIFli.nn She said that since this is a new Board that it seemed sensible to have the Supervisor serve on it as well. The regular order of the agenda was then resumed. i 3. Discussion - Scoping Document - Supplemental Environmental Impact Statement - Country Club Properties The Administrator explained that at the Board's request, Ferry di.no Associates had prepared a proposal for a SEIS on the Country Club Properties. There then ensued a lengthy discussion regarding certain aspects of the study that would be performed by volunteers, Town staff and Ferrandino. They also discussed the cost involved as well as they items that were now to be expanded upon either because they were not in the original study or were not detailed enough. Mr. Scharf asked if the study was really necessary and if it would not be more efficient to have it all done by V61unteers. 8 January 22, 1992 Ms. Tashoff said that although it was costly, she thought that further study of the issues like traffic, flooding, & zoning, were necessary to ensure this land be properly utilized for the benefit of the residents. On motion of Councilman Ryan, seconded by Councilwoman Price, RESOLVED, that the Town Board does hereby authorize expenditure of $71,550 to Ferrandino & Associates to prepare a Supplemental Environmental Impact Statement on the Country Club Properties; and i BE IT FURTHER, RESOLVED, that the Town Administrator be authorized to execute the contract with Ferrandino & Associates on behalf of the Town, said contract to be first reviewed by the Town Attorney. Ayes: Ryan, O'Flinn, Price, Silverstone Abstain: McGarr j 4. Authorization - Westchester Shore Humane Society Agreement The Administrator said that the WSHS was requesting a 5% increase in this agreement for a total yearly cost of $13,440. Councilman McGarr asked what they actually do for that fee. i The Clerk replied that they patrol two to three days per week, they pick up stray dogs and cats, they provide a shelter, which we are required by law to have, they adopt out and euthanize sick animals, they respond to requests to pick up strays by residents or the police, they provide monthly reports of their activities in the Town. Councilman McGarr wanted to know how we know when and if they are patrolling and the procedures in picking roaming animals. The Town Clerk said that the patrollers are required to check in with the Police Department, which doesn't necessarily mean that they stay and patrol, but she hadn't received any complaints regarding the service. She added that they seemed efficient and knowledgable, always submitting timely reports and always responsive to any requests for assistance. The Board members then discussed certain aspects of the agreement they would like amended, including the increase. Councilman McGarr asked the Town Clerk to provide him with a breakdown of revenues received from dog redemption fees, the total number of licensed dogs, the number of strays that have been picked up in the Town for the year, the total sum collected by the Humane Society on our behalf, and the total revenue collected for the year from all animal related items. It was decided to table this item until the next meeting. 5. Report of Bids - Fuel Oil - Police Uniforms - Street Painting Mr. Altieri requested that the Board accept the lowest bids for the following items 9 I January 22, 1992 Fuel Oil # 2: Lawrence Heat & Power $18,997.75 (lowest bid) Excelsior Utilities 19,452.13 Police Winter & Sumer Uniforms: i Valhar Chemical $ 403.50 (lowest bid) New England Uniform Co 422.00 Standard Law 424.20 Uniforms by Park Coats 495.00 i i Street Painting: M & S Striping .06 cents - Reflectorized (lowest & only bid) .045 cents - Non-Reflectorized i On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously RESOLVED, that the Town Board does hereby accept the bid for fuel oil #2 from Lawrence Heat & Power Corp for the low of $18,997.75 which represents the lowest responsible bid received; and BE IT FURTHER., RESOLVED, that the Town Board hereby accepts the lowest responsible bid for police winter and stimmter uniforms from Valhar Chemical for the bid of $403.50; and BE IT FURTHER, RESOLVED, that the Town Board does hereby accept the lowest and only bid received for street painting from M & S Striping at .06 cents for Reflectorized and .045 cents for Non-Reflectorized paint. i 6. Salary Authorizations - Police Department - Recreation Department Per the request by Chief Munch for the salary authorization for those officers promoted and hired as budgeted, on motion of Councilman McGarr, seconded by Councilman Ryan, it was unanimously RESOLVED, that as provided for in the 1992 budget, authorization is hereby granted for payment of salary to Robert Koziak, newly promoted to Lieutenant, at the annual rate of j $57,130, effective January 16, 1992; and I BE IT FURTHER, RESOLVED, authorization is hereby granted by the Town Board for payment of salary as provided for in the 1992 Town Budget, to John Michael Cindrich, who has been promoted to the rank of Police Sergeant, at an annual rate of $51,815, effective January 1, 1992; and 10 January 22, 1992 BE IT FURTHER, RESOLVED, that the Town Board does hereby authorize the payment of salary as provided for in the 1992 Town Budget, to Daniel R. Smith, appointed Probationary Police Officer at the annual rate of $30,330, effective January 30, 1992. Recreation Department On motion of Councilman McGarr, seconded by Councilman Ryan, it was unanimously RESOLVED, that as provided for in the 1992 budget, authorization is hereby granted for payment of salary to the following: Michele Sbano, Alternate Pool Director, $9/hr, Alternate Lifeguard, i Hcamiocks Pool, effective 1/17/92. Jason Delvillar, Alternate Key Person, $4.50/hr, Ho mocks Pool, effective 1/17/92. Cynthia Augustine, Alternate Key Person, $4.50/hr, Hcmnocks Pool, effective 1/17/92. James Codispoti, Asst Director/Snr Pool Manager, Hcnmtocks Pool @ seasonal rate of $8,500, effective retroactive to 1/1/92. Steve Pellitier, Alternate Asst Manager, Honmiocks park Ice Rink, $10/hr, effective retroactive to 1/6/92. i The Supervisor said that it was necessary to add an item to the agenda. 7. Transfer of Rent Subsidy Program Accounts The Administrator explained that approval was being requested by Helen Mohan, Community Services Director, to transfer two accounts from Sound Federal Savings Bank, one is to be transferred to Chasse Manhattan Bank and the other to Marine Midland Bank; also there is one account in Dime Savings Bank that she is requesting be transferred to Bank of New York. Mr. Altieri noted Ms. Mohan request was made because of recommendations by the New York State auditor, who said the funds should be maintained in a commercial bank. On motion of Councilwoman Price, seconded by Councilman McGarr, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the transfer of the following rent subsidy program accounts: FROM: Sound Federal NOW Account $116,050 TO: Bank of New York Account #50-00123-5 FROM: Sound Federal certificate of Deposit $ 64,100 TO: Marine Midland Bank Account #238369 FROM: Dime Savings NOW Account $ 95,805 TO: Chase Manhattan Bank Account #534558325 11 January 22, 1992 I Proclamations - Black History Month - American History Month - Sam Garofolo The Supervisor read the above proclamations into the record. (Attached at end of minutes) . APPROVAL OF MnRJTES - October 30, 1991 - September 11, 1991 - August 14, 1991 The minutes were deferred to the next meeting. ORAL COiMMURICATIONS: Valerie O'Keefe asked about the authority to permit signs and flag poles, which the Attorney explained was a function of the Building Department unless they were temporary signs. AWOURNMENP: There being no further business to come before the Board, on motion made and seconded it was declared adjourned at 11:11 pm. Respectfully Submitted, I i Patricia A. DiCioccio Town Clerk f 12