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HomeMy WebLinkAbout1985_09_18 Town Board Minutes I I MINUTES OF THE REGULAR MEETINGS OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 18TH DAY OF SEPTEMBER 1985 IN THE COUNCIL ROOM AND THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8:05 p.m. in the Auditorium. Present were the following: Supervisor Dolores A. Battalia Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence LermanI Councilman Lee H. Bloom was not in attendance at this meeting. Also in attendance at this portion of the meeting was the Town Administrator Stephen V. Altieri, Counsel to the Town Steven M. Silverberg and Assessor George Derderian. On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously - RESOLVED, that this Board will recess into Executive Session in the Council Room to discuss proposed certiorari settlements. The Assessor presented to the Board the particulars of two proposed certiorari settlements. The Board also discussed with the Assessor and the Administrator, strategy for several other upcoming certiorari cases. On motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously resolved to adjourn the Executive Session at 8:25 p.m. CALL TO ATTENTION - Location of Exits Supervisor Battalia pointed out to those assembled the location of exits as required by law for public hearings. -1- BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:30 p.m. in the Auditorium. Present were the following: Commissioner Dolores A. Battalia Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lawrence A. Lerman Commissioner Lee H. Bloom was not in attendance at this meeting. Also present were the following: Dorothy S. Miller, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Steven Silverberg, Counsel to the Town George Derderian, Assessor 1. Claims Commissioner Amlicke presented fire claims for authorization of payment and on his motion, seconded by Commissioner Lerman, 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: Caruso Film Service $ 10.00 Robert's Department Store 110.00 $120.00 ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Lerman, seconded by Commissioner Silverstone, it was unanimously declared that this meeting be adjourned at 8:33 p.m. APPROVAL OF MINUTES The minutes of the Regular Meeting of August 14, 1985 were not presented. The minutes of the Special Meeting of September 10, 1985 were presented and on motion by Councilman Amlicke, seconded by Councilwoman Silver- stone, were unanimously approved. The minutes of the Special Meeting of September 12, 1985 were presented and on motion by Councilwoman Silverstone, seconded by Councilman Lerman, were approved by majority vote and Councilman Amlicke did not vote since he was not in attendance at this meeting. -2- AFFAIRS OF THE TOWN 1. Proposed Certiorari Settlements (a) Orienta Gardens Co. vs. Town of Mamaroneck Following the Assessor's explanation and his recommendation to the Board, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that in accordance with the terms recommended by the Assessor, this Board hereby authorizes the settlement of certiorari proceeding - Orienta Gardens Co. vs. Town of Mamaroneck - for assessment years 1983 through 1985. (b) Fenimore Gardens Corp. vs. Town of Mamaroneck Following the Assessor's explanation and his recommendation to the Board, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED- that in accordance with the terms recommended by the Assessor, this Board hereby authorizes the settlement of certiorari proceeding - Fenimore Gardens Corp. vs. Town of Mamaroneck - for assessment years 1981 through 1985. NOT ON THE AGENDA ---- The Town Counsel re Litigation - Baumblatt Counsel to the Town, Mr. Silverberg, spoke about the receipt by each member of the Town Board and others of Summonses With Notice in the matter of Charles and Joy Baumblatt against the Town of Mamaroneck. He further stated that each of the defendants have requested that they be indemnified and added that the Town has various policies that will respond to this action. It was unanimously agreed that Mr. Silverberg would proceed with this matter and then contact the carrier and thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, the following resolution was adopted by unanimous vote of the Board: WHEREAS, Steven M. Silverberg as chief legal officer for the Town has received _ a request for indemnification from: Dolores Battalia, Lee Bloom, Thomas R. Amlicke, Lawrence Lerman, Caroline Silverstone, Joseph Fisch, Stephen Altieri, and Arthur T. Dallas; and WHEREAS, an action has been commenced by Charles and Joy Baumblatt against the aforementioned individuals for damages arising out of their employment on behalf of the Town of Mamaroneck; -3- NOW, THEREFORE BE IT RESOLVED, pursuant to the provisions of Section 18 of the Public Officers Law of the State of New York and Local Law #1 of 1983, that the Town of Mamaroneck does hereby idemnify and agree to defend the aforementioned individuals and hold harmless from cost, - expenses or judgments relating to the above action. 2. Update - Town Center-Third Floor The Town Administrator reviewed his memorandum of September 17, 1985 and advised the Board of the proposals received for the renovation of the third floor at the Town Center which he explained, exceeded his original estimate. He also spoke of the two prospective tenants that have shown an interest in renting space on the third floor. Thereafter, he advised the Board that he would be proceeding at this time to obtain from the contractors, estimates for modified renovation on the third floor which would entail less costly alternatives. 3. Authorization re Agreement with Winged Foot Golf Club - M.R.D. Program Following the Administrator's explanation, on motion by Council- woman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes - the Town Administrator to execute an agreement with Winged Foot Golf Club for the installation of radio equipment at the Winged Foot Golf Club in connection with the New York State Mobile Radio District Program. 4. Authorization - Snow Removal Contract-State Roads At this time the Administrator reported to the Board that the County Roads Agreement had been returned to be amended and he would present said Agreement at a subsequent meeting. He then reviewed provisions for the contract with the State and on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to execute an - agreement with the County of Westchester for the removal of snow and ice from designated State roads within the Town of Mamaroneck. -4- a 5. Salary Authorizations: (a) Youth Advocate Program Pursuant to the Administrator's explanation, on motion by Councilman Lerman seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that Carol Bauer and Evelyn Short, Program Assistants in the Youth Advocate Program, be compensated at the rate of $8.00 per hour, effective retroactive to September 4, 1985. (b) Recreation On motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Margaret O'Neill, Assistant Senior Recreation Leader, Teen Center, be compensated at the rate of $8.00 per hour, effective September 13, 1985; and be it further RESOLVED, that E. Jay Gutierrez, Assistant Recreation Leader, Teen Center, be compensated at the rate of $10.00 per hour, for evening supervision and $8.00 per hour, for afternoon supervision, effective September 13, 1985; and be it further I RESOLVED, that Robert Lunde, Manager, Hommocks Ice Rink, be compensated at the rate of $7.50 per hour, effective October 1, 1985; and be it further RESOLVED, that Timothy Codispoti, Hommocks Ice Rink Set-up, be compensated at the rate of $5.00 per hour, effective October 1, 1985; and be it further RESOLVED, that Edward Clinton and Steven Iarocci, Hommocks Ice Rink Set-up, be compensated at the rate of $6.00 per hour, effective October 1, 1985; and be it further RESOLVED, that Douglas Sheridan, Alternate Lifeguard at the Hommocks Pool, be compensated at the rate of $3.35 per hour, effective September 13, 1985. -5- li l NOT ON THE AGENDA Set Date for Public Hearing - Local Law re Amendment to Ethics Code The Supervisor acknowledged the receipt by Board members of the amended Ethics Code legislation and thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby sets October 2, 1985 for a public hearing on a proposed local law relative to the amended Ethics Code; and be it further RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said Hearing as required by law. I I WRITTEN COMMUNICATIONS 1. Supervisor Battalia presented a memorandum from the Chairperson of the Human Rights Commission, Cora Rust, requesting that the Board adopt a resolution in opposition to the proposed repeal of certain affirmative action provisions. After some discussion, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, the following resolution was adopted by majority vote of the Board with Councilman Amlicke abstaining: WHEREAS, since 1943 Executive Order X111246 has been in existence which requires affirmative action contract compliance; and WHEREAS, it has now been proposed that Ili said provisions of Executive Order X111246 be repealed; and WHEREAS, the repeal of said executive action would be a serious setback to the progress made in all aspects of employment for women and members of minority groups; NOW, THEREFORE BE IT RESOLVED, that the majority of this Board hereby strongly opposes any changes in the provisions of Executive Order 1111246. 2. Mrs. Battalia reported that a petition by Town residents had been received requesting that more stringent regulations be imposed on motels and she asked Counsel to review this matter. Mr. Silverberg described the Town's ordinance with respect to motels and recalled that in the fall of 1984 the excessive -6- 168 number of police calls to the Larchmont Motel was brought to the Supervisor's attention, the Building Inspector was asked to look into the situation, and that Mr. Paonessa found several violations on the premises. He then added that an action by the Town was commenced against the Larchmont Motel owners to which their attorneys advised of their desire to cooperate and he then enumerated the items to which they agreed: hiring an unarmed security guard between 7 p.m. and 6 a.m. , continuing to maintain and allow inspection of the register, limiting the number of persons per unit, enforcing the provision that no storage of food be allowed, and disallowing the use of hot plates in the rooms. Some discussion continued on this matter during which the situation of the homeless and the enormous amounts of money being spent to temporarily house these people was explained by Supervisor Battalia and she strongly urged local residents to lobby for a change in this system. Both Councilwoman Silverstone and Councilman Lerman voiced their feelings on this subject agreeing with Supervisor Battalia. ORAL COMMUNICATIONS 1. C.A.C. Chairman Alan Mason advised that as a result of discussions with the State representatives, he has learned that the C.A.C. funding will probably remain the same. 2. Angelo Rigano thanked the Board for the quick action taken with respect to the inoperable street light on Blossom Terrace. 3. Mr. Rigano asked if the Traffic Commission had taken up the problem he previously addressed with respect to cars parked along Palmer Avenue obstructing the view of someone emerging from Blossom Terrace on to Palmer Avenue and it was explained that the Traffic Commission will be meeting on October 7th and the matter will be placed on agenda. 4. In answer to the Supervisor's query, the Administrator advised that he will be meeting with State D.O.T. representatives on September 24th relative to the proposed traffic light on Weaver Street and Forest Avenue. 5. The Administrator noted that the Urban County application submitted jointly by the Town and Larchmont Village is being reconsidered and a decision would be forthcoming within the next two to three weeks. 6. Some discussion followed Councilwoman Silverstone's query about the untimely closing of the Rockland Avenue Bridge which could coincide with various other major projects such as the Weaver Street Bridge and the Murray/Myrtle/North Chatsworth intersections. Councilman Amlicke added that a delegation should be sent to discuss this matter with the M.T.A. in the hopes that a commitment can be obtained to avoid having both — the Rockland Avenue and Weaver Street bridges closed at the same time. 1 7. The Supervisor thanked the Town Clerk for the addition to the agenda relative to the conservation of water and asked for something else to be added with respect to the 325th Anniversary Celebration. -7- I i THE TOWN CLERK '. Regular Reports , The Town Clerk presented the reports of the Building and Plumbing Inspector for the months of July and August 1985. The Town Clerk presented the report of the Town Clerk's office for the month of August 1985. THE SUPERVISOR Reports The Supervisor reported: (a) on the baseball game that will be played on September 28th when the kickoff of the 325th Anniversary celebration will begin. She presented fliers and added that bumper stickers are available also. Councilwoman Silverstone announced that the Coca Cola Bottling Company of New York will be providing tee shirts and caps for the members of each team. (b) on her attendance at the AAA Safety Luncheon where she accepted and award for pedestrian safety on behalf of the Town. She noted that Mayors Curnin and Noto also received similar awards. (c) on the meeting held on Thursday, September 12th, at which time the Board met with the residents of Griffen Avenue with respect to the proposed repaving project. She noted that it was a very constructive meeting and some of the concerns expressed have been appropriately referred. (d) that another meeting with Mayors Curnin and Noto and appropriate staff members will be held on September 19th to further discuss proposed cooperative efforts. REPORTS OF THE COUNCILMAN AND COUNCILWOMAN Councilman Amlicke: (a) reported that he had reviewed the proposed litter law and requested that a copy be sent to the former chairman of the committee that studied this law, Joseph DeSalvo, for his review and also asked if discussion of this proposal can be held at the October 2nd meeting. (b) reported briefly on his planned-giving committee and stated that he has asked Bill Dentzer to serve and also asked that publicity on this matter be in The Daily Times. (c) questioned whether Mr. Emanuelson and the Engineer had looked into the matter of the encroachments to which Mr. Altieri replied that Morris Buffi is working on the maps. 5 -8- 170 Councilwoman Silverstone: Councilwoman Silverstone spoke in relation to a previous discussion that she and the Administrator had with respect to formulating a complaint form for the purpose of registering telephone complaints. The Administrator outlined a procedure to be used relative to this situation whereby a specific form will be used for calls to the Building Department as well as to the hot-line but be kept in-house. Councilman Lerman: Councilman Lerman announced that the Zoning Board's meeting of September 25th will have on its agenda the draft E.I.S. for the Hoffman proposal to build an office building. At this time Councilman Lerman proposed that the Board go into Executive Session to discuss litigation, and on his motion which was seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board recess into Executive Session to discuss litigation. The Board discussed with Counsel the recently served summonses. Thereafter, on motion by Councilman Lerman seconded by Councilman Amlicke, it was unanimously resolved to adjourn the Executive Session at 10:34 p.m. ADJOURNMENT There being no further business to come before the Board, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, the meeting was declared adjourned at 10:35 p.m. Town Administrator Town Clerk -9-