Minutes - Board
Meeting 03/01/06
Minutes of the meeting
of the Board of Trustees of the Incorporated Village of Mineola
held Wednesday, March 1,
2006 Village Hall,
PRESENT:
Mayor Jack M. Martins
Trustee Paul S. Cusato
Trustee John S. DaVanzo
ALSO PRESENT:
Village Attorney John Spellman
Village Clerk Joseph R. Scalero
Superintendent of Public Works Thomas J. Rini
Superintendent of Buildings Daniel B. Whalen
Deputy
Village Clerk Janet H. Zalkin
Press Observer:
Joe Rizza,
Sunshine Observers:
22
Observers
Trustee
Mayor Martins opened the Work Session at 6:40 PM.
Resolution
No. 53-06
Resolved to approve bills and
payroll.
Seconded by Trustee John S.
DaVanzo
Vote:
Yes
No
Absent
Trustee John S.
DaVanzo
Trustee Paul S. Cusato
Mayor Jack M. Martins
The approval of minutes for
February 2006 was tabled until the Board of Trustees had time to fully review
them.
Mark Danielson of the Mineola
Fire Department Parade, Block Party and Drill Committee, gave an update on
changes to the parade route and reported on other areas of concern raised by the
Board of Trustees at a previous meeting.
Village Clerk, Joseph R.
Scalero gave an update on plans for upcoming Centennial events such as the
Square Dance scheduled for April 8, 2006 and the Evening Star Quilt Show
scheduled for November 2, 3 & 4, 2006.
Resolution
No. 54-05
Resolved to approve the Mineola
Athletic Association’s request for the use of the gymnasium and west classroom
in the Community Center on Thursday, May 18, 2006 from 4:00 PM to 9:00 PM for
M.A.A. Sports Picture Day.
Motioned by Trustee Paul S.
Cusato
Seconded by Trustee John S.
DaVanzo
Vote:
Yes
No
Absent
Trustee John S.
DaVanzo
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution
No. 55-05
Resolved to approve the
appointment of Andrew Breen to Company No. 2 of the Mineola Fire Department.
Motioned by Trustee John S.
DaVanzo
Seconded by Trustee Paul S.
Cusato
Vote:
Yes
No
Absent
Trustee John S.
DaVanzo
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution
No. 56-05
Resolved to approve the
Birchwood Court Owners, Inc. request for the use of the Community Center
gymnasium on Wednesday, May 24, 2006 from 7:30 PM to 9:00 PM for the Annual
Meeting of Shareholders.
Seconded by Trustee Linda
Fairgieve
Vote:
Yes
Abstain
Absent
Trustee Linda Fairgrieve
Trustee John S. DaVanzo
Trustee
Trustee Paul S. Cusato
Mayor Jack M. Martins
Trustee DaVanzo reported on the
Centennial event schedule and reminded everyone that auditions for the talent
show are scheduled for March 31, 2006 at the Community
Center.
Resolution
No. 57-05
Resolved to authorize the
posting of a public bid for the sale of the Mineola Fire Department’s GMC 1610
Rescue Truck.
Seconded by Trustee Linda
Fairgieve
Vote:
Yes
No
Absent
Trustee John S.
DaVanzo
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 58-06
WHEREAS, The
Board of Trustees of the Incorporated Village of Mineola desires to
participate in a Cooperative Bidding Program conducted by The Board of
Cooperative Educational Services of Nassau County, for the purchase of Various
Commodities and/or Services. And...
WHEREAS, The
Board of Trustees of the Incorporated Village of Mineola is desirous of
participating with the Board of Cooperative Educational Services of Nassau
County in the joint bid of the commodities and/or services mentioned below as
authorized by General Municipal Law, Section 119-00...
And...
WHEREAS, The
Board of Trustees of the Incorporated Village of Mineola has appointed
The Board of Cooperative Educational Services of Nassau County as representative
to assume the responsibility for drafting of specification, advertising for
bids, accepting and opening bids, tabulating bids, reporting the results to the
Village Board of Trustees of the Incorporated Village of Mineola and making
recommendations thereon... THEREFORE...
BE IT RESOLVED, That The Board of Trustees of the
Incorporated Village of
Mineola and The Board of Cooperative Educational Services of Nassau
County hereby accepts the appointment of The Board of Cooperative Educational
Services of Nassau County to represent it in all matters related
above...
And...
BE IT FURTHER RESOLVED, That The Board of Trustees of the
Incorporated Village of
Mineola authorizes the above-mentioned Board of Cooperative Educational
Services of Nassau County to represent it in all matters regarding the entering
into contract for the purchase of the below-mentioned commodities and/or
services... And...
BE IT FURTHER RESOLVED, That Board of Trustees of the
Incorporated Village of
Mineola agrees to assume its equitable share of the costs incurred as a
result of the cooperative bidding... And...
NOW, THEREFORE, BE IT RESOLVED, That The Village Treasurer on behalf
of the Board of Trustees of the
Incorporated Village of Mineola hereby is authorized to participate in
cooperative bidding conducted by The Board of Cooperative Educational Services
of Nassau County for various commodities and/or services and if requested to
furnish The Board of Cooperative Educational Services an estimated minimum
number of units that will be purchased by The Board of Cooperative Educational
Services of Nassau County.
The Board of Cooperative Educational Services of Nassau
County is hereby authorized to award cooperative bids to the bidder deemed to be
the lowest responsible meeting the bid specifications and otherwise complying
with Article 5-A of the General Municipal Law of the State of New York relating
to public bids and contracts.
Motioned by Trustee Paul S. Cusato
Seconded by Trustee Linda Fairgrieve
Vote:
Yes
No
Absent
Trustee John S.
DaVanzo
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 59-06
Resolved to award the contract for the purchase of
Village uniforms to Eighth Street Designs.
Seconded by Trustee Linda
Fairgieve
Vote:
Yes
No
Absent
Trustee John S.
DaVanzo
Trustee Paul S. Cusato
Mayor Jack M. Martins
Superintendent of Public Works,
Thomas Rini, reminded residents that snow was expected and that their
cooperation would be appreciated.
Building Department
Superintendent, Daniel B. Whalen, gave a revenue report for February 2006 as
well as an update on the department’s grant for computer hardware.
Resolution No. 60-06
Resolved to approve a 90-day extension of the building
permit issued for
Seconded by Trustee Linda
Fairgieve
Vote:
Yes
No
Absent
Trustee John S.
DaVanzo
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 61-06
Resolved to approve a 90-day extension of the building
permits issued for
Seconded by Trustee Linda
Fairgieve
Vote:
Yes
No
Absent
Trustee John S.
DaVanzo
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 62-06
Resolved to approve the appointment of Tom Winters to
fill the vacancy on the Mineola Memorial Library Board.
Seconded by Trustee Paul S.
Cusato
Vote:
Yes
No
Absent
Trustee John S.
DaVanzo
Trustee Paul S. Cusato
Mayor Jack M. Martins
Trustee Linda Fairgrieve
presented Mayor Martins and the Board of Trustees with the following Request for
Trustee Fairgrieve stated that
an RFP is the most objective way to get the best offer for the best price. Trustee Fairgrieve explained what an RFP
is based on the definition by the
Trustee Fairgrieve explained
that there are a number of ways to put out an RFP that involve little or no real
cost such as the New York State Contract Reporter. Trustee Fairgrieve also discussed
advertising in the local newspapers such as the Mineola American and Newsday as
well as website access to the official source for the New York State Contracting
opportunities who could put the RFP on the site for free.
Trustee Fairgrieve stated that
in her research, she discovered two
organizations, NY State Government Finances Association and the Association for
Public Policy and Analysis and
Management, that provide lists of consultants to which the Village could mail
the RFP.
Trustee Fairgrieve recalled
that Mayor Martins gave her the go ahead when she proposed the development of an
RFP and spent the weekend working on it.
Trustee Fairgrieve suggested that the Board of Trustees, Police Task
Force, Village Clerk and Village Attorney all work together to create an RFP
based on concerns expressed at the
Police Task Force hearings.
Trustee Fairgrieve requested
the following resolution to refine and develop an RFP to see what we get.
“Resolution to authorize the
issuance of a request for proposals for feasibility study analyzing the
establishment of a Mineola Police Department. Resolve that the
Village Board of Mineola is in
receipt of a report issued by the Police Task Force, issued December 2005. The
Now, be it resolved that a
Village Board of the
“Be it further resolved that
the Village Board in conjunction with members of the Task Force, Village Clerk
and Village Attorney will develop the Request for Proposals at the earliest
possible date.”
Trustee Paul Cusato seconded
the motion but recognized that Trustee Lawrence Werther wasn’t present and did
not have an opportunity to review the proposal.
Mayor Martins agreed that
Trustee Werther’s absence was a concern. Mayor Martins said that another concern
was that in his conversations with Trustee Fairgrieve he stated on a number of
occasions he clearly expressed that he is fully satisfied with the services our
residents have put forth in putting together the Police Task Force Report. Mayor Martins stated that he has no
interest whatsoever in putting together or assisting in putting together an RFP
and won’t derail efforts in moving forward with this process.
Mayor Martins asked Trustee
Fairgrieve that if she had concerns that she should put the RFP together and
present it to the board members for review and consideration. Mayor Martins noted that Trustee
Fairgrieve has concerns but has presented no specifics.
Trustee Fairgrieve stated that
her concerns are in the Request for Proposals.
Mayor Martins asked that if
Trustee Fairgrieve has a resolution or request for proposal, she should present
the whole product to the board members instead of asking them to put it
together. Mayor Martins said that
he believes that the Police Task Force did a great job and feels that the board
should go back to the Police Task Force Committee and have them report on the
issues discussed to this point.
Mayor Martins reminded Trustee Fairgrieve that Trustee Werther was not
present and added that if Trustee Fairgrieve wanted the Request for Proposals;
she should be the one to develop it.
Mayor Martins said that Trustee
Fairgrieve’s request for an independent consultant pertains to the fact that he
appointed the Police Task Force, and doesn’t want anything to do with the
RFP. Mayor Martins stated that he
would not stand in Trustee Fairgrieve’s way. Mayor Martins recommended that the
members of the board be allowed to review that materials presented by Trustee
Fairgrieve so that they would be able to ask questions and discuss it at the
next work session.
Trustee Fairgrieve asked the
board to vote to issue the RFP.
Mayor Martins suggested that if
Trustee Fairgrieve put together the RFP and presented it to the Board, they
would read it, analyze it and discuss it and then the Board members would vote
on whether to go forward for a consultant on those terms under an RFP.
Trustee Fairgrieve responded
that the Police Task Force, Village Clerk, Village Attorney and board members
will develop the request for proposals at the earliest date.
Mayor Martins stated that it
was Trustee Fairgrieve’s RFP and asked that everyone be given a chance to read
it and then the Board of Trustees can discuss it and use it as the
framework.
Trustee Fairgrieve wanted to be
clear that her motion for a resolution this evening was not necessarily to adopt
her RFP but she feels that there is a need for an independent consultant.
Mayor Martins asked Trustee
Fairgrieve what it was about the Police Task Force that makes them not
independent.
Trustee Fairgrieve responded
that she would like to have someone outside of
Mayor Martins said that
consultants for such things are not easily found and is concerned about their
qualifications.
Trustee Fairgrieve agreed to
table her motion because she didn’t know that Trustee Werther was going to be
out.
Mayor Martins asked that the
discussion be continued at the next work session but asked Trustee Fairgrieve to
provide the members of the Police Task Force Committee with a copy of her
RFP.
CREATION OF VILLAGE
POLICE DEPARTMENT
1.
Background
The
A subsequent formal
written response from the Nassau County Police Department dated January 13,
2006, received January 17, 2006, pointed to a variety of concerns including
insufficient staffing levels, inadequate supervision, operational issues, and no
provision being made for special patrol issues.
Mayors from Lynbrook,
Malverne, Rockville Centre, and
At a number of village
meetings/hearings,
From the above
mentioned, various questions and concerns have been raised about the Police Task
Force Report which suggest that staffing and supervision levels do not meet the
Village of Mineola's current and/or future needs. For example, plans are
underway for a multimillion dollar intermodal transportation facility south of
the LIRR Station; there are possible major zoning changes proposed in Mineola' s
Master Plan (dated October 2005); the LIRR is proposing a third track to its
main line which would have tremendous impact on the
Village;
Due to the size, scope
and potential financial implications of Mineola breaking away from
II.
Purpose of
Feasibility Study
To
determine and recommend appropriate size and configuration for a Village of
Mineola Police Department (staff, headquarters, equipment, etc.) meeting all
federal, state and local requirements, and what the specific and complete total
costs would be for the first five years to meet the Villages current needs and
future needs.
A
comparison should also be done with the current and projected costs of the
Nassau County Police Department.
The
Police Task Force Report with back up material and Nassau County Police Written
Response should be used also as a basis for the
evaluation.
As
far as needs and future needs of the
-
-
The Village had a
2000 residential population of 19,234
-
-
Mineola has a major
hospital –
-
Mineola has a major
-
-
-
Traffic in the
Village: Jericho Turnpike and
-
III.
Scope of
Work
1.
Review
2.
Review all
transcripts of hearings and meetings related to Mineola Police Task Force
Report.
3.
Review all
correspondence and back up material related to Police Task Force Report
including Nassau County Police Department written
response.
4.
Compile an analysis
of costs and potential future costs of the following:
-
standard police
equipment
-
creating Village’s
own dispatch and acquiring own frequency
-
purchasing,
renovation, and equipping a building to make it an appropriate police
headquarters, including the financing involved
-
transition costs
(period where residents would be paying patrol tax and costs for their own
police department) as far as what they would include and for how
long
-
costs concerning
contracts awarded by binding arbitration
-
possibility of
legal actions against the police department and awards of punitive damages not
covered by insurance
-
experience of
police officers needed
-
repairing police
vehicles with Village mechanics in Village facilities (and if they are
sufficient) versus outsourcing the work and if it is too slow a process
-
overhead costs
which is the increase of work and staff in other Village departments because of
the addition of a police department and its employees
-
statistics and
possibility of police officers on disability and permanent
disability
-
actual cost of
pensions, and health insurance and projected increases in cost
-
need for presence
of female officers for female prisoners
-
hidden overtime
costs such as if a police officer is on disability
-
effect of Gatsbe
45
-
reserve
fund
5.
Compile information
from insurance agents concerning liability insurance costs, real estate firms
concerning appraisal and costs of buildings, New York State concerning pension
and health insurance, Nassau County Assessor concerning Nassau County Police
cost, financial institution concerning banning equipment and bonding a building,
and various companies and agencies for equipment. All material will be in the
back up.
6.
Prepare comparisons
and information from Villages with their own police departments and specifically
with villages with similar needs and features to the
-
amount of liability
insurance
-
complete police
department budgets for last five years including items not necessarily in the
section marked Police Department
-
number of police
officers on disability or permanent disability in the last 10
years
-
number of hours a
police officer (average)works a year for the last 5 years
-
overhead costs:
employees in other village departments that do work for the police department
and the time consumed. Will the
addition of a Police Department require the Village to hire additional personnel
in other support department?
-
legal costs in the
last 5 years
-
how many contracts
and increases in the last 10 years or 3 prior contract
increases
-
amount of police
calls and breakdown of type of calls in the last three
years
-
average amount of
sick and vacation time of part time crossing guards and if backup guards are
used or police officers when sickness and vacation occurs retirement reserve and
what is in it
-
list of complete
staff, their experience, and their chief assignment
-
if plain clothes
policemen (detectives) are used and needed
-
the amount of
patrol cars needed and amount of cars on patrol on a shift
7.
Prepare a written
report addressing if the Nassau County Police Department has any legal
responsibility concerning aid to
8.
Prepare a written
report that if Nassau County Police is not legally required to respond, are
their local villages which would sign a written mutual aid agreement with
9.
Diagram and
depiction of Police Headquarters with required facilities and space including
parking; this should include square footage required for each section/area of
the headquarters.
IV.
Instructions for
Submitting Proposals
Seven bound copies and on unbound copy of the proposal
must be received by
_____________________________.
Attn: Village
Clerk
Proposals must
contain:
1.
A description of
the consultant’s organizations including appropriate literature about the firm
and a list of relevant projects that would indicate expertise in this area of
analysis.
2.
Biographic
descriptions (including qualifications and experience) of the project manager
and other project team members, and the amount of time each of these individuals
will spend on the study;
3.
A complete
description of the methods the consultant would employ in the study, and a
thorough description of the reasons for the selection of those methods, with
comparisons to alternative methods if appropriate;
4.
A time management
chart or other appropriate project management tool that will show the
approximate times when key activities will occur and their general sequence;
5.
A detailed budget
with itemization of cost estimates related to the staffing, operational and
administrative costs for completing the study; costs should include oral
presentation to the Village Board at public hearing(s) to cover entire study and
questions.
6.
Up to three client
references on projects that involved at least one of the primary consultants
listed in the proposal. Reference
information should include the contact person’s name, title, agency, address,
and phone.
7.
Descriptions of
similar projects that have been conducted by the consultant or by project team
members, with named references and/or main contacts.
8.
Anything including
data that should be included and not mentioned as a requirement.
V. Selection
Procedure
The
Commission will review the proposal. After reviewing the proposals, one or
more
consultants will be interviewed by the above stated and
a decision made by the Village
Board.
Please note that this RFP does not commit the
Mayor Martins made the following statement pertaining to
the Police Task Force:
Introductory
comments:
At this time I would like to make an official public statement about an
important issue. I shall read the
statement in its entirety so that the message will be clear and so that no
portions of it may be misquoted. At
the conclusion of the statement, any member of the Board of Trustees may make a
comment on the matter.
The topic of this statement is the feasibility of re-establishing a
Village Police Force, a matter which is the subject of continued public hearings
before the Board of Trustees.
INCORPORATED
Mayor Jack M.
Martins
Dear
Fellow-Residents,
In response to numerous concerns and inquires from residents of Mineola
about insufficient and inadequate police coverage in the Village, I set up a
Task Force a year and a half ago to research the issue of the feasibility of
setting up our own Police Department.
Prior to forming the Task Force, however, I obtained a Ladies' and
Gentlemen's agreement from the members of the Board of Trustees that partisan
politics would in no way enter into this issue,that the entire process would be
up-front and in public and that the members of the Board would work together.
The issue was so important to the community that it could only receive a fair
hearing if politics were put aside.
I also made it a point to assemble a bi-partisan, community-based Task
Force. The residents who served are
highly-qualified neighbors of ours from varied backgrounds. The report which the Task Force prepared
evidences the dedication, professionalism and competence of its
members.
Finally, before setting our community upon a course of discussion
concerning a possible Police Department, I inquired of
With all of those preliminaries out of the way, I requested that the
Police Task Force begin its work. A
report was ultimately delivered to the Board of Trustees and was made available
to the public at Village Hall. It
was also mailed to each home.
Once the report was prepared, it became the task of the Board of Trustees
to sit as quasi-judicial officers in a public hearing setting to take testimony
and receive exhibits on the matter at hand. At the end of the hearing process, the
members of the Board of Trustees would then deliberate and make a determination
whether or not to go forward with a plan of action including, if the Village
Police Department looked feasible,
ultimately scheduling a referendum so that the residents may vote on the
issue.
The public hearing process started on December 12, 2005. An initial presentation was made by
representatives of the Task Force at the commencement of the public
hearing. Thereafter, members of the
Board of Trustees and the public were invited to ask questions or to make
statements. Many constructive and
helpful comments were received by the Board. Some residents stated that
One theme came from two Trustees and one member of the public. That theme was that the Village should
hire an "independent" outsider to review the report of the Police Task
Force. The reason for this outside
review, it was stated, was that since the Police Task Force members had been
appointed by me, they could not thus be "objective". The two Trustees were Linda Fairgrieve
and Paul Cusato. The member of the
public was Joseph Galante, a resident who also happens to be the Chairman of the
North Hempstead Democratic Party and also the chief campaign director of the
Hometown Party.
Aside from the fact that I believe in the integrity, competence and
purely community-oriented motivation of the members of the Police Task Force, I
expressed my willingness to retain the services of the so-called "independent"
consultant. However, since the
"objectivity" of the Police Task Force members was questioned because they were
appointed by me, there was no way that I was going to have a consultant also
discredited through an appointment by me.
So I asked Trustees Fairgrieve and Cusato and also Mr. Galante to
recommend a consultant. To date,
even though more than two and a half months have passed, they have not recommended a consultant versed in
police work and administration.
The Nassau County Police Department was represented at the Village's
public hearings. Then Commanding
Officer of the Third Precinct, Inspector Lorraine Hannon, spoke on behalf of the
Department on December 12. She
indicated that the report of the Police Task Force "is still being evaluated,
and at some point in the future the [
On January 18, 2006, at the continued public hearing, several mayors from
other villages which have their own police departments testified before the
Board of Trustees. They went
through financial, coverage and quality of life issues. They were questioned by the
Trustees. They shed a great deal of
light upon the financial and operational aspects of a local police
department. Of particular interest
was a discussion concerning the potential for assistance from the Nassau County
Police Department in cases of emergency.
Each of the guest mayors stated that their villages received mutual aid
from and gave mutual aid to the Nassau County Police Department with no extra
charges assessed either way.
The very next day, Trustee John Davanzo received a telephone call from an
officer who works at County Police Headquarters asking whether he would be
willing to meet with Police Commissioner James Lawrence. Mr. Davanzo responded that, as a member
of the Village Board, it would be improper for him to meet with the Commissioner
unless the entire Board were present.