Loading...
HomeMy WebLinkAbout1990_02_07 Town Board Regular Minutes NaNUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMffSSIONERS OF THE TOWN OF M1NECK, HELD ON THE 7TH DAY OF FEBRUARY 1990 IN THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, INECK, NEW YORK CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 7:30 p.m., at which time the Board recessed into Executive Session. The Executive Session was held in Conference Roan A to discuss matters of litigation and of personnel, after which, on motion duly made and seconded, it was unanimously declared adjourned at 8:10 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:15 p.m. in the Court Room, Present were the following members of the Board Supervisor Caroline Silverstone Councilman Stephen Chapin Councilwoman Elaine Price Councilman John McGarr Councilwoman Kathleen Tracy O'Flinn Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Eric S. Zaidins, Counsel to the Town William McDermott, Fire Chief CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. February 7, 1990 214 I, BOARD OF FIRE CX)MNISSIONERS The Meeting was called to order by Commissioner Silverstone at 8:20 p.m. in the Court Room. Present were the following members of the Commission: Commissioner Caroline Silverstone Commissioner Stephen Chapin Commissioner Elaine Price Commissioner John McGarr Commissioner Kathleen Tracy O'Flinn 1. Commissioner McGarr presented fire claims for authorization of payment and on his motion, seconded by Commissioner Price, 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 Comiptrollevs Office: AAA Emergency Supply Co., Inc. $ 164.50 R.G. Brewer 63.99 Grants of Larchmtiont 104.00 Lawrence Heat & Power Corp. 1,875.00 Lawrence Heat & Power Corp. 11680.86 Lawrence Heat & Power Corp. 185.00 New Rochelle Water Company 136.10 NYNEX 9.00 The State Insurance Fund 18,012.50 Town of Mamaroneck Professional Fire Fighters Association 110.04 Tri-City Auto Parts 11.52 Tri-City Auto Parts 8.93 Tri-City Auto Parts 6.56 Tri-City Auto Parts 30.16 Village of Scarsdale Water Dept. 360.00 $22,758.21 There being no further business to come before this commission, on motion by Commissioner Chapin, seconded by Commissioner Price, the meeting was unanimously declared adjourned at 8:30 p.m. APPROVAL OF MINUTES The minutes of the Regular Meeting of January 3, 1990 were presented and approved. t AFFAIRS OF THE '.DOWN At this time, the agenda was changed and item 2 under AFFAIRS OF THE TOWN was taken up. 2 February 7, 1990 2. Letters of Resignation - Human Rights Commission - Traffic Committee - Recreation Commission Supervisor Silverstone reported that a letter of resignation from the Human Rights Commission was received from Sheryl Dicker, that Sandra Hile, the Larchmont Village representative, had resigned from the Recreation Commission, and that Leslie Schlom had resigned from the Traffic Committee. She stated that resumes would be welcome for the openings on these three Boards, noting that the person for the Recreation Commission must come from Larchmont Village. At this time the order of the agenda was resumed and Item 1 under AFFAIRS OF THE TOWN was taken up. 1. Appointments - Coastal Zone Management Commission - Conservation Advisory Commission On motion by Councilwoman O'Flinn, seconded by Councilman McGarr, it was unanimously RESOLVED, that Irma Volk of Country Club Drive is hereby reappointed as a member of the Conservation Advisory Commission for a tern of two years, expiring December 1991. Appointment to the Coastal Zone Management Commission was held over to the next meeting. 3. Final Report - Night Vision Scope The Administrator reported that, as per request of the Town Board, both he and the Town Attorney looked into the entire situation relating to the bidding for the night vision scope, which piece of equipment the Town Police Department originally requested to purchase. He stated that as part of this review, the Attorney and he interviewed all police officers involved, interviewed the vendor who provided a loan of equipment, a representative of the manufacturer of the equipment, the national distributor of the equipment and the distributor who sold the equipment to the vendor, who loaned the equipment to the Town. He added that they further reviewed all the materials in possession of the Town relating to the bidding and, additionally, referred this matter to the Westchester County District Attorney's Office, with information on the entire situation turned over to them. He went on to say that on January 22, 1990, the Town was advised by the Westchester j County District Attorney's Office as follows: Based upon their review, there is insufficient evidence to pursue criminal charges at this time. As discussed in our meeting Police personnel should be counseled regarding proper bidding procedures, to avoid potential problems in the future. 3 February 7, 1990 The Administrator informed the Board that he and the Attorney have concurred that, with the conclusions of the Westchester County District Attorneys Office, while there appears to be certain inappropriate activities, such activities do not appear to rise to the level of requiring any criminal prosecution or further disciplinary action. He commented that it appears in summary that the following occurred: Members of the Police Department, upon determining that a night vision scope would be an appropriate piece of equipment for the Department, undertook to investigate the equipment which was available. This investigation was limited largely to speaking to a single vendor who had previously done business with the Town, and who recommended a particular piece of equipment. While there was some research done on that particular piece of equipment, there were no other vendors contacted, nor was there any in-depth research done with regard to various alternatives available. Further, members of the Police Department were led to believe that a single vendor was the sole distributor for that particular piece of equipment in the northeastern portion of the United States. The members of the Department mistakenly believed that they were not required to go through a bidding procedure for the purchase of equipment, despite the fact that it appeared to cost in excess of $5,000, because the equipment was being purchased with monies seized from drug arrests and thus was outside of the budget, and because they believed that this one vendor was the sole distributor in the area. While members of the Department were corrected initially as to their erroneous understanding regarding the bidding procedure, they then assisted the vendor they believed to be the sole distributor in completing a bid document, and relied substantially upon information provided by this particular vendor. It appears as well that members of the Department have certain personal dealings with the particular vendor in question, which may have affected their judgement in evaluating the information provided by this party. Further, a piece of equipment was then borrowed from this vendor under circumstances which later gave rise to a question as to whether this was a loan or a purchase. This was due to the failure of the officer involved to get a proper receipt for the equipment. The Administrator remarked that while he and the Town Attorney agreed with the D.A.'s Office that such action was not appropriate, it appears from questionning of the parties involved that the actions were undertaken solely in an effort to expedite the purchase of a piece of equipment that was felt by the Department to be sorely needed. He emphasized that it is the conclusion of both he and the Attorney that the inappropriate activities were not in any way motivated by any attempt to obtain any kind of personal benefit, and were motivated solely by zealousness to get the job done and an inexperience and lack of knowledge relating to municipal bidding and contract procedures. He then advised, in view of this conclusion, the following recommendations: that the Town Administrator's office meet with the Police Commissioner to discuss the specifics of the activities relating to the Police Officers involved; that the Administrator and Police Commissioner meet with those Police Officers involved to explain why their particular behavior was inappropriate in view of municipal requirements for the bidding of contracts; the iPolice Department will undertake a program of education with those members of the Department who may be involved with purchasing of supplies or equipment for the Department, as to the appropriate and correct manner in dealing with vendors and 4 February 7, 1990 21 I bid per; that a written policy be established for borrowing any equipment for testing; and finally that all Department Heads receive additional instruction and education as to proper purchasing and bidding procedures, and that a clear policy be enunciated both verbally and in writing to all Department heads as to the proper procedure so that there will not be a repetition of this type of activity. The Supervisor then asked if anyone on the Board had any questions. Councilwoman Price thanked Steve Altieri and Steve Silverberg for the thoroughness and openness with which the fact finding was conducted, and noted that it reflects credit on all concerned with this procedure. Councilwoman Price then made a motion to accept those recommendations as previously stated to the Board, which was seconded by Councilman McGarr and unanimously adopted. 4. Designation of Lead Agency-Byron Place Zoning Petition Following a brief explanation by the Administrator, on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Town Board hereby declares itself as Lead Agency for the petition to rezone a parcel of land on Byron Place within the Town of Mamaroneck. 5. Presentation - Sewer Smoke Testing Program The Town Administrator presented the brochure being sent to all residents explaining the smoke testing procedures which are to run from February 13th through March 23rd and the purposes for doing so. He then gave a brief explanation of how it will be carried out, how it will identify improper connections, and remedies for such. A brief discussion followed. 6. Authorization - Architectural Service Contract/Transfer of Funds a) Larchmont Motel Property b) Monroe Nursery School Paulette Gabbriellini, Assistant to the Administrator, briefly explained that the Monroe Nursery School can acccnmiodate needs of both child care and sumner recreation programs, with certain changes made to the building for compliance with the New York State Building code and the codes of the State Department of Social Services and Westchester County Health Department. She noted that the second part of the proposal is for a schematic design development for which the architect would draw up various options for the facility as well as necessary code cmpliance improvements. 5 February 7, 1990 fir 18 Following some discussion, on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, this Board hereby authorizes the transfer of funds in the amount of $4,500 for architectural services to the Monroe Nursery School; and be it further RESOLVED, that this Board hereby authorizes the Administrator to enter into agreement with Andrew Fredman Associates of New York for architectural services at a total cost not to exceed $4,500. The Administrator advised that, as per the recent meeting of the Board, the Affordable Housing Task Force and the Committee for motel property development, it was their consensus that an architect prepare a feasibility report, and that Paul Sanzari, who has prepared a number of affordable housing reuse studies, conduct it. Thereafter, on motion by Councilman McGarr; seconded by councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes a transfer of funds in the amount of $3,500 for a feasibility study for development of the Larchmont motel property; and be it further RESOLVED, that this Board hereby authorizes the Administrator to enter into agreement with Paul Sanzari Associates of Mount Kisco in an amount not to exceed $3,500 for a re-use study of the Larchmont motel property. 7. Resolution re: Westchester County District Attorneys Proposal The Administrator informed the Board that local towns and villages have been advised that the Westchester County District Attorneys Office intends to eliminate from its list of services the prosecution of misdemeanor cases. He mentioned that Counsel Steve Silverberg has spoken with Jay O'Brien of the D.A.'s Office and understands that a final decision on this matter has not been made and, therefore, it may be appropriate for the Board to send the County D.A. and County Board of Legislators an indication of the Towns concern over how this may affect local goverrmmental budgets. He mentioned further that the Westchester Department of Public Safety will also reduce services for major crime scene investigations and for training at the Police Academy. 6 �I 219 February 7, 1990 Following a brief discussion among the Board, on motion by Councilman Chapin, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes the Supervisor to inform Mr. Carl Vergar of the Westchester County District Attorney-Is Office, as well as the County Board of Legislators, that the Town Board of the Town of Mamaroneck strongly opposes the elimination of the Westchester county District Attorneys prosecution of misdemeanor cases; and be it further RESOLVED, that the Town Board of the Town of Mamaroneck also opposes reduction of services for major crime scene investigations and Police Academy training by the Westchester County Department of Public Safety. 8. Authorization - Police Department Accreditation Contract Following a brief description of the accrediation program and its value, on motion by Councilwoman O'Flinn, seconded by councilwoman Price, it was unanimously RESOLVED, that this Board hereby authorizes the Administrator to execute the attached agreement regarding Police Department Accreditation as per the appropriated sums proposed in the 1990 Town Budget. 9. Resolution re: Use of County Parkland-Davids Island Councilwoman Price commented that the Sound Shore Communities have been working for several years regarding the project as proposed for Davids Island and that at the last meeting all the Supervisors and Mayors agreed that there should be one kind of resolution sent to the county Board opposing the bridge and opposing the use of Glen Island Park for access to the bridge. She noted that the Environmental Impact Statement mentions 5,000 cars driving over that bridge, but fails to point out the number of trucks and commercial vehicles having to use the bridge to supply the massive retailing development being proposed, which has been increased and is now doubled. Councilwoman Price pointed out that this would be a massive bridge about the size of the Brooklyn Bridge, here in southern Westchester, in an already saturated area. She emphasized that this is overdevelopment in a very fragile eoo system, in a dying body of water, and noted that these Sound Shore Cmmanities feel very strongly about this bridge and the use of parkland to effectuate the bridge. 7 220 February 7, 1990 Following some discussion among the Board, on motion by Councilwoman Price that the following resolution be sent to the County Board of Legislators, to the Parks Department and to Mr. O'Rourke, seconded by Councilman Chapin, it was unanimously RESOLVED, that the preservation of open space and the dedication in perpetuity of parkland has been a goal and policy of the Town of Mamaroneck and the County of Westchester; and be it further RESOLVED, that Glen Island Park is the most heavily used of Westchester County's waterfront parks; and be it further RESOLVED, that it is now proposed that Glen Island Park not be used as the base for a portion of a massive bridge to a proposed development on Davids Island in New Rochelle, thereby materially and permanently reducing the quality of Glen Island Park for all Westchester residents; NOW, THEREFORE BE IT RESOLVED, that the Westchester Board of Legislators promptly vote to maintain allegiance to its avowed principle of protecting parkland from diversion to private uses and deny the use of Glen Island Park as support for a bridge between New Rochelle and Davids Island; and be it further RESOLVED, that this action is urged by unanimous vote of the Town Council of the Town of Mamaroneck. i 10. Authorization - Westchester Joint Water Works Capital Project Following explanation by the Town Administrator, on motion by Councilwoman O'Flinn, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby authorizes use of approximately $79,000 as the Town of Mamaroneck's share for the Westchester Joint Water Works capital impravenente for 1990 as follows: 8 February 7, 1990 221 90-J.1 Kenilworth Booster Station - Replace 1211 and 811 valves, Town of Harrison; 90-J.2 Fifth Avenue - Replace 1611 valve, Town of Mamaroneck; 90-J.3 Winfield Avenue - Replace 1611 valve, Village of Mamaroneck; 90.17.4 Thatcher Street, Henry Avenue, West End Place, Rose Avenue and West Street - 2400, of 1211 main, Town of Harrison. 11. Salary Authorizations - a) Building Department b) Management and Non-Union Personnel c) Recreation On motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes payment of salary in the amount of $17,895 annually to Muriel Garvey as an office assistant in the Building Department, effective February 13, 1990; and be it further RESOLVED, that all Management, Non-Union Personnel and Part- Time Employees receive salary increases as per the following 1990 Salary Schedule: Management and Non-Union Personnel i Stephen V. Altieri $68,500 Carmine DeLuca 48,900 Patrick Leddy 56,700 Ross Valenza 37,300 William Zimmermann 52,100 Arthur Dallas 63,300 Paul Munch 57,000 Helen Mohan 32,500 William Jakubowski 50,200 Thomas Russell 31,300 Paulette Gabbriellini 30,000 Edward Riley 37,300 Howard Finn 37,500 Clara Tracy 32,100 Claudia Ng 25,600 Lillian Robustelli 27,500 9 February 7, 1990 222 Part Time Employees School Crossing Guards $37.00/day Patsy Camerella 12,600 Peter Chido 8.00/hr. Grace Rozzi 8.00/hr. Alice Denatte 10.00/hr. Rene Rathschimidt 8.50/hr. Anton Pacewicz 8.75/hr. Ann Friumt 11,000 On motion by Councilwoman Flinn, seconded by Councilman McGarr, it Was unanimously RESOLVED, that as provided for in the 1990 Town Budget, authority is hereby granted for payment of salary to the following: William Jakableff, Skate Guard, Hdimm cks Rink $6.00/hour, effective 2/1/90; Roger Gutierrez, E.M.T. Haamiocks Rink, $7.00/hour, effective 2/1/90; i Eric Lindh, E.M.T. Hon3mocks Rink, $7.00/hour, effective 2/1/90; Sean Staley, Alternate Rey Attendant, Hoatmiocks Pool, $4.00/hour, effective 2/1/90; Ken Bulow, Hoitimcks Pool Lifeguard, $5.25/hour, effective 2/7/90; Alex Perucci, Hoatattocks Pool Mgr., $9.50/hour, effective 2/7/90; Mike Edelstein, Haatmocks Pool Mgr., $10.00/hour, effective 2/7/90; Greg Johanson, Alternate Hammocks Pool Mgr., $9.00/hour, effective 2/7/90; Raymond Yang, Alternate Hcatmiocks Pool Mgr., $9.00/hour, effective 2/7/90. 12. Approval of Route - Lions Cup Bicycle Race Following a brief explanation by the Town Administrator, on motion by Councilman McGarr, seconded by Councilman Chapin, it was unanimously i RESOLVED, that this Board hereby approves the Lions Cup Bicycle Race route to be held in conjunction with Larctmtont and Mamaroneck Villages on Sunday, April 28th, between 7:00 a.m. and 9:00 a.m. 10 i 223 February 7, 1990 13. Update - Activities of Larcbmont/Mamaroneck Sanitation Commission The Administrator noted the change in the telephone numbers with regard to the Larchnant-Mamaroneck Joint Sanitation Commission. He went on to say that recycling has clearly been the greatest focus of the Commission and they have been working with the Village of Mamaroneck, as well as a group of residents designated as the Recycling Task Force to prepare a publicity campaign on recycling, and that within several weeks residents will receive a booklet on it. He added that it will be in great detail and will advise residents on how they can easily recycle materials. Mr. Altieri reported that the County of Westchester held a press conference on the issue of recycling on January 24th which he attended as a representative of the Joint Sanitation Commission and as a member of the County Recycling Advisory Board. He informed the Board that the County has announced a series of new programs to assist local government in recycling efforts which will include a renewal of the recycling grant program whereby municipalities can receive up to $10,000 for recycling programs. He went on to say that, in addition, the County has renewed its reimbursement program for communities that reduce total tonnage of solid waste delivered to the Peekskill plant, so that we could receive $17.00 for each ton of reduced solid waste, an amount roughly equivalent to the tipping fee currently paid at the Peekskill facility. In conclusion, he announced that he will chair a committee study on a County-wide basis with regard to alternate methods of composting leaves and the possible creation of regional compost sites. 14. Resolution re: Grant Application The Town Clerk briefly explained that grant application would be done jointly with the Villages of Larchmont, Mamaroneck, Rye Brook, Pert Chester and the Town of Rye, with the Town of Mamaroneck being the lead agency in administering the grant funds, if received. She emphasized that funding would enable the communities to perfornm a record survey and do a needs analysis for a microfilming and records management center. Thereafter, on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the Town Supervisor to execute the joint grant application for $100,000 from the State of New York Archives Program for a records management program: and be it further RESOLVED, that the Town Clerk of the Town of Mamaroneck is hereby authorized to prepare the application for a records management grant. 11 I 224 February 7, 1990 WRITTEN COMMUNICATIONS ORAL CQMMUNICATIONS None THE SUPERVISOR No Reports REPORTS OF THE OOUNCIL Councilwoman O,Flinn announced that plans are underway for Beautification day, which will take place on April 21st, enlisting Girl Scout and Boy Scout troops, religious organizations, anyone and everyone who is interested in helping with an all day cleanup effort. She noted that it is co-sponsored by the L.I.F.E. Center and the Conservation Advisory Commission. She added that this effort will trigger the festivities for Earth Day, which will be commemorated on April 22nd, with a Fair to be held at the Larchmont Reservoir. Councilwoman O,Flinn mentioned that this will be the celebration of the 20th anniversary of the first Earth Day, and she asked everyone to place these dates on their calendars. Councilwoman Price stated that there is a Larchmont Garden Civic Association meeting tomorrow night, here at the Town Center, at 8:00 p.m. and, she noted, Assemblyman Ron Tocci will be speaking on noise barriers. ADJOURN Supervisor Silverstone commented that she wished to adjourn this meeting in memory of Stephen E. Johnston, better known as ISW. Harbor Island," who died a few days ago at age 86. She mentioned that he was known at both senior centers where he played the drums and, she noted, was one of the few people she knew who was able to sing the Star Spangled Banner all the way through and in tune. She called him a handsome, dapper, charming man who will be very much missed. There being no further business to costae before the Board, on motion by Councilwoman Price, seconded by Councilman McGarr, the meeting was unanimously declared adjourned in memory of Stephen E. Johnston, at 10:40 p.m. Patricia A. DiCioccio Town Clerk 12