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HomeMy WebLinkAbout1999_05_05 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON MAY 5, 1999 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner Councilwoman Judith A. Myers ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney CONVENE WORK SESSION The Board convened into a Work Session at 6:00 PM in Conference Room A of the Town Center to discuss the Myrtle Boulevard area study and adjourned into an Executive Session at 7:00 PM to discuss personnel and litigation. On motion duly made and seconded the Board adjourned at 8:20 PM to the Court Room. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor Ryan at 8:30 PM, who then pointed out the location of exits. PRESENTATION BY ACTIONVILLE STUDENTS The ensuing list of students appeared to present their proposal to help improve the Hommocks Conservation Area (HCA). Becky Baron Mandy Jacobs Melissa Noto Arden Resenblatt Jessica Plate Becca Snyder Eric Yi Russel Mairs Bill Fuller They each presented a part of the following report: ARBOR DAY CELEBRATION Partnered with the Town of Mamaroneck, a joint Arbor Day celebration was being planned. This celebration would bring attention to the Hommocks Conservation Area, allow Actionville students to share their contributions with the community and forge a relationship between the Town and its youth. The celebration would include speakers, tours, food, information displays and interactive booths/activities. CLEAN-UP/TRAIL MAINTENANCE Crews of Actionville students could assist the Town in cleaning up the Conservation Area by May 5, 1999 hosting several clean-up days where students remove accumulated trash from the Conservation area. GARBAGE CANS Currently there is one garbage can located in the Hommocks Conservation Area. Additional garbage cans could be added to give visitors more opportunities to dispose of their trash. Cans should be chained to a tree similar to the existing can. INTERPRETIVE TRAIL MARKERS We propose that we make interpretive trail markers so we could learn about the conservation area while we are doing activities. The markers would provide information about a certain bird or tree. PEN PAL LESSONS Actionville students act as science mentors to a 2nd grade class at Chatsworth elementary school. "We propose planning some lessons using the Hommocks Conservation Area - it would be both fun and educational." SIGNS - Rules A visible sign with a list of rules might promote people to engage in correct behavior while in the conservation area. The sign might list the Do's and Don'ts of the HCA. - Trails A sign showing a map of the trail would be helpful to visitors. - Post Road A sign should be placed at the Boston Post Road so Town residents are aware that the Conservation area exists. WALK ABOUT GUIDE The Walk About Guide booklet should be updated, republished and made more widely available to the public. Kate Honeywell, the teacher from Actionville, then invited everyone to join the Arbor Day Celebration to be held on the 12th from 2:30 PM to 4:00 PM Hommocks school. Supervisor Ryan asked if there were any signs that the students had designed that the Board could look at. They had not made up any, so the Supervisor suggested that they do so, and present them to the Board. Councilwoman Myers said that the plan presented was wonderful and it should help to make this area more well known. Councilwoman O'Keeffe wanted to know if parking was available in the area. Councilwoman Wittner said parking was very limited and added that Arbor Day was May 16t". She thought that the trail markers was a doable project and should be encouraged. Then in response to a question, Becky Baron explained the Actionville Program, saying that there were 50 spaces open for students entering 5th or 6th grade. Barbara Fuller, a mother of one of the students in the program said that Actionville is open to all students in the Mamaroneck elementary schools. The students are grouped in class by ability and by common interests. AFFAIRS OF THE TOWN 1. Authorization - Purchase of Tractor - Larch mont/Mamaroneck Joint Sanitation Commission The Administrator said the Commission currently operates two tractors to pull garbage and 2 May 5, 1999 recyclable trailers in both the yard and over the road, and at this time he is recommending the replacement of the oldest of the tractors due to its deteriorating condition. The other reason for making the request at this time is that we have the ability to replace the equipment at a favorable price. The two tractors operated by the Commission are 1978 and 1985 model Mack Tractors. Each of the tractors is used to move trailers within the Maxwell Ave. yard and also haul rubbish and other solid waste to the transfer station in Mt. Vernon or to other locations. Our 1978 tractor has defects that do not warrant repair based upon the age of the vehicle. The most serious problem is metal fatigue in the cab assembly and in the component known as the body shocks. Metal fatigue in the cab assembly has led to holes in the roof of the cab and in that section of the cab body at the vehicle firewall. Both of these conditions are unsafe. The body shocks are a component between the cab and vehicle chassis that keep the body from twisting and moving when the vehicle is traveling over the road. These shocks are also showing signs of fatigue and deterioration. The rear springs of the tractor are also broken. All of the problems indicated prevent us from using this tractor over the road for reasons of safety. We have discovered that a replacement vehicle may be purchased through a Westchester Purchasing Contract. Tractors of this type typically cost on a single vehicle purchase $80,000 to $85,000. The Commission can purchase a new 2000 model tractor for $75,000 under the County contract. Since the Commission does not have bonding authority, the Town and Village would each borrow their share of the cost of the vehicle and transfer that amount to the Commission for the purchase. Based upon the percentages established for the 1999 Commission budget the purchase of the vehicle breaks down as follows: Purchase Price $75,000 Plus Bonding Cost $ 5,000 Total Cost $80,000 Village of Larchmont Town of Mamaroneck Percentage 46.3% 53.7% Share of Cost $38,000 $42,000 Estimated Average Debt Cost* $ 7,100 $ 9,200 * Five year bond anticipation note issued at an expected interest rate of 3.5% He said the vehicles when purchased new have a long expected life as evidenced by the fact that the vehicle we are replacing is 21 years old. We fully expect that a new tractor will provide a similar life span. He recommended that the Town authorize the purchase of a 2000 Model Mack Tractor in accordance with the Westchester County Purchasing Contract and later both Boards could adopt the required bonding resolutions. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize as recommended by the Town Administrator, the purchase of a 2000 Model Mack Tractor in accordance with the Westchester County Purchasing Contract in the amount of$42,000. 2. Authorization - Transfer of Funds - Tree Fund The Administrator said each year the Town conducts its tree planting program for street trees and trees for other areas, and we are proposing to plant a total of 87 trees in the Town. He had attached a report from James Athey, the Town's Environmental Coordinator, outlining the details of the program including the types of trees and the locations. The total cost to implement the program is $12,350, and our tree fund at this time has a balance of$23,238. In addition the Board appropriated $3,000 from the Community Beautification budget. In order to proceed with the project, the recommendation is to authorize a transfer of funds in the amount of$10,000 from the Town Tree Fund to budget account A8510.4178. 3 May 5, 1999 On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the transfer of funds in the amount of$10,000 from the Tree Fund into account A8510.4178. Councilwoman Wittner said that James Athey had done an excellent job on this project. 3. Authorization - Retainer Agreement -Zoning and Planning THIS MATTER WAS HELD OVER. 4. Consideration Settlement Agreement - Police Department Litigation Supervisor Ryan read the following into the record: This evening the Town Board will consider a settlement agreement regarding the actions filed against the Town Police Department by three of its officers in 1998. In February of this year the parties to the litigation had reached what appeared to be a settlement of the litigation. There was however a dispute regarding the interpretation of the agreement that led the Town Board to request a clarification of the terms of the agreement. Both the Town Board and the parties to the litigation were desirous of continuing dialogue that would lead to a settlement of this matter. The settlement is still subject to approval by the court and by its terms is part of a sealed record and we therefore will not comment on it. The Town Board is required to publicly act upon those terms of the settlement that require the expenditure of Town funds. The resolution to be considered by the Town outlines the expenditures that require public action. Town expenditures have included the attorney's fees for our special labor counsel that has assisted in this matter; this amounted to approximately $60,000. There may be the payment of an insurance deductible for the claims filed and this amount is not to exceed $20,000. The balance of the Town funds to be expended are for continued payments of salary and benefits to the police officers that filed the claim against the Town. These payments will be made for limited periods. The settlement is subject to approval by one remaining party who has not executed the agreement because he is out of the country. The Town Board is unanimous in its opinion that the time has come to put this entire matter behind us and allow the Police Department to move forward with the business of protecting our community. It is hereby resolved by the Town Board of the Town of Mamaroneck that in order to resolve the cases of Persaud v. Town of Mamaroneck, et. al., Persaud v. Pennachio, et. al., and Winn/Lassiter v. Town of Mamaroneck, et. al., and in consideration of the releases executed by Officers Persaud, Winn and Lassiter in favor of the Town of Mamaroneck, its current or former elected or appointed officials, officers, agents, employees and/or representatives, and other individuals named in the respective lawsuit, the Town agrees to the following: Officer Jason Lassiter will be placed on leave of absence at one half pay with full benefits for the period of February 19, 1999 to December 31, 2000, except that such benefits will not include the accrual of vacation, chart days, or credit for uniform allowances. Officer Jason Lassiter is eligible to return to full time employment on January 1, 2001; and Officer Cedric Winn will be placed on leave of absence at full pay with full benefits for the period of February 19, 1999 through May 18, 1999, except that such benefits will not include the accrual of vacation, chart days, credit for uniform allowances and health insurance. The Town will pay for Mr. Winn's health insurance for the months of May, June and July of 1999, unless during that period of time, Officer Winn becomes eligible for substantially equivalent health insurance coverage under the plan of another employer. Officer Cedric Winn will be placed on a leave of absence without pay or any other benefits until November 18, 1999 at 4 May 5, 1999 which time his employment with the Town will be severed; and Officer Peter Persaud will be placed on leave of absence at full pay with full benefits for the period of February 19, 1999 through December 31, 1999, except that such benefits will not include the accrual of vacation, chart days or credit for uniform allowances. Officer Peter Persaud's employment with the Town will be severed effective December 31, 1999; and To such other terms approved by the Court that do not include expenditure of Town funds. Ayes: Myers, Wittner, Weprin, Ryan Nays: O'Keeffe Councilwoman O'Keeffe said that she would like to explain her vote of no. She said that she had been on board all the way along with the negotiations and has supported the terms of the agreement and thought what she could do tonight would be that she would be able to vote for the resolution and then make a motion that we make public the terms of the settlement. But because of the requirements for confidentiality in the settlement agreement, she would not be able to do that. If she were to vote for the resolution as it was just proposed she would be going against what she believed. Although she had no doubt about the good faith of her colleagues, she said that her philosophy was that the public has a right to know what the terms are on public employees that are subject of a lawsuit against the Town or by the Town, with obvious exceptions having to do with personal privacy matters. And she doesn't think that any of these things fall within the purview of what we've done here. She wished she could have voted for it, but because of the requirement for confidentiality she would not be able to vote for it. Supervisor Ryan stated that he disagreed and said that the action taken was done by advice of Counsel, and knowing the terms of the agreement would muddy the waters. 5. Salary Authorization - Recreation - Management and Non-Union Personnel Recreation: On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that as provided for in the 1999 Town Budget that the Town Board does hereby authorize the payment of salary to the following: Peter Braverman, Life Guard, Hommocks Pool, $7.50/hour, retroactive to 4/19/99. Katherine Brannigan, Life Guard, Hommocks Pool, $8.25/hour, retroactive to 4/19/99. Katie Southwick, Life Guard, Hommocks Pool, $6.26/hour, retroactive to 4/19/99. Management and Non-Union Personnel There was no paperwork for this matter at the Board meeting. The Administrator's Office provided me with the following on May 25, 1999: Employee Proposed 1999 Salary Stephen Altieri -Town Administrator $99,840 Richard Rivera - Police Chief $90,875 Carmine DeLuca -Comptroller $70,795 William Zimmerman - Rec. Supt. $77,820 Ronald Carpaneto- Bldg. Insp. $64,850 5 May 5, 1999 Susan Bickerstaff-Assessor Appointed November 1998 Paulette Gabbriellini -Asst. to Adm. $46,250 James Athey- Env. Coordinator $34,000 Lillian Robustelli -Supervisor Sect $45,155 Kathy Graham-Records/Secretary $46,250 Received Adjustment Sept. 1998 Gayle Short-Secretary to Admin. $34,000 Appointed Nov. Robert Lunde - Ice Rink Mgr. $45,100 Edward McCormack-Amb. Dist. $56,700 On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby approve the salary schedule as outlined above. 6. Set Public Hearing -Application for Federal Community Development Block Grant Fund Myrtle Boulevard and Madison Avenue Mr. Altieri said that in order for the Town to apply for funding for the Myrtle Boulevard and Madison Avenue redesign under the Community Development Block Grant, a public hearing would have to be held. He requested that the hearing be held at the next meeting since the application must be completed and sent by June 1. On motion of Councilwoman Myers, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby set the date for public hearing on the Application for Federal Community Development Block Grant Funding for the Myrtle Boulevard and Madison Avenue area for May 19,1999 at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. APPROVAL OF MINUTES On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin it was unanimously, RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of March 14, 1999 as amended. ORAL COMMUNICATIONS Ernie Odierna invited everyone to attend the Street Fair that the Larchmont Gardens Civic Association is sponsoring on May 15. It would be held on Windsor Street, and there would be entertainment and refreshments. He asked if there had been any recommendations made by the Traffic Task Force regarding stop signs to discourage speeding. Councilwoman O'Keeffe said that the sound barriers to be put in on North Brook Road, would have the final analysis ready in three weeks. The Supervisor said that he had received a communication from Bill Byrne regarding Memorial Day and that the Town should begin having a ceremony again. He added that there would be a ceremony by the monument on Sunday, May 30, at 11:00 am. ADJOURNMENT 6 May 5, 1999 Supervisor Ryan said that he would like to have this meeting adjourned in honor of Judge Clifford who had died recently. He had been a judge in our community for 27 years. Our condolences and sympathy to his family. The regular meeting of the Town Board on motion made and seconded, was adjourned in Judge Clifford's honor at 9:25 PM to the Weaver Street Firehouse to accept the results of the Special Fire District Election on the Service Award Program for volunteer fire fighters. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Ryan at 10:10 PM at the Weaver Street Fire House. Present were the following members of the Commission: Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Wittner Commissioner: Judith Myers 1. Fire Claims: Commissioner O'Keeffe presented fire claims for authorization of payment; thereafter on Councilwoman O'Keeffe's motion, seconded by Commissioner Wittner, 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 Comptroller's Office: AAA Emergency Supply Co., Inc. 54.00 American Gun & Uniform Supply, Ltd. 100.98 AT&T 37.58 Bell Atlantic 438.71 Cleaning Systems 134.28 Con Edison 1509.78 Elextroux 22.99 Excelsior Garage 2479.72 Excelsior Garage 93.00 Lawrence Heat & Power 48.91 Thomas Landau 35.00 Town of Mam'k Professional Fire Fighters 220.08 United Water In New Rochelle 195.79 Westchester Elevator 170.00 Westchester Joint Water Works 80.00 TOTAL J5,,620.82 2. Report on Fire Election Results - Service Award Program Thomas Hennessey, Chair of the special election, was introduced and he said the Service Awards had passed -the vote was 91 for, 12 against, with a total of 103 votes cast. The Board thanked him and his fellow workers and the final numbers were entered into the record: 7 May 5, 1999 8 May 5, 1999 There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner O'Keeffe, the meeting was adjourned at 10:25 PM. Submitted Patricia A. DiCioccio, Town Clerk C:\MSOffice\Winword\M IN UTES\99minf\05-05-99x.doc 9