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HomeMy WebLinkAbout1984_09_19 Town Board Regular Minutes 234 MINUTES OF THE REGULAR MEETINGS OF THE BOARD OF FIRE COMMISSIONERS AND THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 19TH DAY OF SEPTEMBER 1984 IN THE COUNCIL ROOM AND THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:20 P.M. in the Auditorium. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilman Lee H. Bloom Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence A. Lerman Town Administrator Stephen V. Altieri, Counsel to the Town Steven Silverberg and Mr. Joseph Fisch, Special Advisor, were also presdnt. On motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board immediately recess into Executive Session in the Council Room to discuss personnel and litigation. The Town Board discussed with Mr. Fisch the contents of his report relating to personnel of the Police Department. Thereafter, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously resolved to adjourn the Executive Session. CALL TO ATTENTION - Location of Exits Supervisor Battalia pointed out to those assembled the location of exits in the Auditorium as required by law for public gatherings. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:20 P.M. in the Auditorium. Present were the following representing all members of the Commission: Commissioner Dolores A. Battalia Commissioner Lee H. Bloom Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lawrence A. Lerman -1- 235 Also present were the following: Dorothy S. Miller, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Counsel to the Town Gordon Albert, First Deputy Fire Chief 1. Claims Commissioner Amlicke presented fire claims for authorization of payment and on his motion, seconded by Commissioner Bloom, 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: Frank Claps $ 200.00 Con Edison 5.08 Con Edison 27.12 Franklin Cleaners 497.45 Group Health Inc. 183.30 Larchmont Auto Parts Dist. , Inc. 8.44 Portronix Communications 314.90 Spiro-Wallach Company, Inc. 24.83 Suburban Communications 60.00 Town of Mamaroneck Professional Fire Fighters Association 102.18 ' Ill $ 1,423.30 2. Salary Authorization - Fire Fighter The Administrator reviewed the recommendation of the Fire Council for the appointment of Mr. Nicholas P. Condro to the position of Fire Fighter and, on motion by Commissioner Bloom, seconded by Commissioner Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to hire Nicholas P. Condro of 6 Fifth Avenue, Larchmont for the position of Fire Fighter at an annual rate of $25,386.00 effective September 24, 1984. ADJOURNMENT There being no further business to come before this Commission, on motion by Councilwoman Silverstone, seconded by Commissioner Amlicke, it was unanimously declared that this meeting be adjourned at 8:30 P.M. RECONVENE REGULAR MEETING At this time on motion duly made and seconded, it was unanimously resolved that the Regular Meeting be reconvened. -2- 236 APPROVAL OF MINUTES At the request of the Supervisor who stated that she had not had an opportunity to review the minutes, it was unanimously agreed that action on the September 5, 1984 minutes be deferred to a subsequent meeting. AFFAIRS OF THE TOWN 1. Appointment - Tenants Council Councilwoman Silverstone presented the qualifications of a candidate for service on the Tenants Council, and on her motion, seconded by Councilman Lerman, it was unanimously RESOLVED, that Harry Ganzman of 128 Richbell Road, Town of Mamaroneck is hereby appointed as a member of the Town of Mamaroneck Tenants Council to serve at the pleasure of the Town Board. 2. Report - Town Police Advisor Supervisor Battalia introduced Mr. Joseph Fisch and reiterated his charge and reasons for his appointment at a Special Meeting on March 14, 1984. Mr. Fisch summarized the contents of his 75-page report citing those he had interviewed, which included all but one member of the Police Department; the reports and materials he had reviewed; he enumerated and highlighted many of his 42-43 recommendations, which included the appointment of a full-time police professional to be a commissioner in charge of and to direct the Police Department; and his conclusion to the "Barasch affair" and cited the high quality of men in the Police Department. Thereafter, Councilman Bloom stated, that without waiting for the public hearing on the proposed local law establishing a full-time professional police commissioner, it should be publicly stated that the Town Board appreciates and thanks the members of the Department who had brought the Barasch matter to the attention of the Police Commission and the Town Attorney. Supervisor Battalia thanked Mr. Fisch and acknowledged the sacrifices made by him and his family during the time he spent rendering service to the Town. In answer to a question from the audience by James Clinton, Mrs. Battalia stated that the report will be available to the public after Counsel to the Town has had an opportunity to go through the report and delete any references to personnel. Donald Mazin asked that written commendation be placed in each file of the officers who reported the Barash situation, to which the Supervisor replied that will be considered. At this time, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that in accordance with the recommendation to the Special Advisor to the Board on Police Affairs, this -3- 237 Board hereby sets October 3, 1984 as the date for a Public Hearing on proposed Local Law #5-1984, a local law to be known as Police Department and setting forth provisions for the creation of a Police Commissioner; and be it further RESOLVED, that the Town Clerk be, and hereby is, authorized to publish in The Daily Times, the Notice of said Hearing as required by law. 3. Merger Agreement -. U.A. Columbia Following presentation of the Cable Company's request and some clarifying comments by Councilman Bloom, Supervisor Battalia suggested that a meeting be set up with the Company to discuss all aspects of the merger and its effect on the Town. After some further discussion, during which the Supervisor recommended that the Cable Commission hold a public forum and that two members of this Board set up a meeting with Mr. Birnbaum, Councilman Bloom made a motion that the requested approval of the merger be approved, to which no second was made. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that Councilmen Bloom and Amlicke be authorized to set up a meeting with Ira Birnbaum, Manager of U.A. Columbia Cablevision, to discuss all aspects of the merger agreement and its effect on the residents of the Town. 4. Authorization - Perritano Litigation Counsel to the Town, Steven Silverberg, reviewed the background of the Perritano litigation and upon completing his update of the matter, asked the Board to take action on his drafted resolution approving the agreement with International Surplus Lines of Illinois. Thereupon, on motion by Councilwoman Silverstone, who noted her pleasure with the agreement and the manner in which Counsel has kept the Board apprised every step of the way, and seconded by Councilman Amlicke, the following resolution was adopted by a majority vote, with Councilman Bloom abstaining since he was one of the defendants in the litigation: WHEREAS, an action was commenced by Ralph Perritano in June of 1983 against the Town of Mamaroneck and seven present and former officers and employees of the Town; and -4- 238 WHEREAS, on September 14, 1983 the then Town Board of the Town of Mamaroneck adopted a resolution indemnifying the individual defendants in said action for all reasonable attorneys' fees; and WHEREAS, International Surplus Lines Insurance Company had issued a policy of public officials and employees liability insurance; and WHEREAS, the said International Surplus Lines Insurance Company has refused to pay the cost of defense of this action and has claimed no liability under its policy for such costs; and WHEREAS, total attorneys' fees for the defense of this action are $74,083.25; and WHEREAS, Counsel for the Town has negotiated a settlement of all claims for attorneys' fees, reducing such fees to $64,733.25, with $50,000.00 to be paid by International Surplus Lines Insurance Company; and WHEREAS, the balance outstanding in excess of $50,000.00 includes a $7,500.00 deductible provided for in the policy of insurance issued by International Surplus Lines Insurance Company; IT IS HEREBY RESOLVED, that the Town's Attorney may enter into such agreements as are necessary to settle all claims for indemnification of attorneys' fees in a sum not to exceed $64,733.25; and it is further RESOLVED, that the Town's Attorney may enter into such agreements as are necessary to settle all claims for attorneys' fees with International Surplus Lines Insurance Company in the sum of $50,000.00; and it is further -5- 239 RESOLVED, that the Comptroller of the Town of Mamaroneck, after receipt of payment of $50,000.00 from International Surplus Lines Insurance Company shall issue payment to the individual defendants, or if requested by the individual defendants, to their attorneys for indemnification for attorneys' fees resulting from the matter of Perritano vs. The Town of Mamaroneck. Following adoption of the above resolution, questions about the settlement were posed by Robert Cammer and answered by Counsel to the Town, Steven Silverberg. Upon further questioning of the Board by Mr. Cammer, Counsel advised the Board members not to answer due to Mr. Cammer's lawsuit which is pending in Court. Thereafter, Mr. Cammer complimented Mr. Silverberg on his handling of and solution to the Perritano litigation. 5. Recommendation - Traffic Committee The Town Administrator reviewed the recommendation of the Traffic Committee that trucks weighing more than 10,000 pounds be banned from Fenimore Road and thereupon, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby sets October 3, 1984 as the date for a Public Hearing to consider adopting an ordinance to prohibit certain truck traffic on Fenimore Road in the Unincorporated Area of the Town of Mamaroneck and it is 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. 6. Recommendation - Authorization Coastal Zone Management Committee Councilman Lerman advised that the Coastal Zone Management Committee has completed the second portion of the draft which is the Town/Village program for waterfront revitalization and asked the Board's approval of the draft's submission to the State. Pursuant to Councilman Lerman's request and on his motion, which was seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes the Coastal Zone Management Committee to submit the Draft Local Waterfront Revitalization Plan to the Secretary of State for review and comment. -6- 240 7. Authorization - Comptroller On motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes the Comptroller to open an account entitled "TOWN OF MAMARONECK INVESTOR'S CHOICE" for III the General Fund at the Bank of New York County Trust Region. 1 8. Authorization - Snow Removal Contract - County Roads On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby authorizes the Town Supervisor to execute an agreement with the County of Westchester for the removal of snow and ice from designated County roads within the Town of Mamaroneck. 9. Salary Authorization - Recreation On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Arthur Holman and Joseph Marks, Recreation Attendants at Memorial III Park, be compensated at the rate of $4.00 per hour, effective retroactive to September 13, 1984; and be it further RESOLVED, that Lee Ustic, Recreation Attendant, substitute at Memorial Park and Central Tennis Courts, be compensated at the rate of $4.00 per hour, effective September 6, 1984. Mrs. Siconolfi asked the Board to look into the prohibitive costs to participants of the Youth Hockey Program, and was advised that a study and analysis of that Program and the Hommocks Ice Rink is presently being compiled by the Recreation Commission with the assistance of Councilman Lerman. 10. Referral to Planning Board - Special Permit Application Counsel to the Town, Steven Silverberg, reviewed the present procedure followed relative to Special Permit Applications and the recommendation that in the future all such applications be handled solely by the Planning board. Thereafter, on motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Special Permit Application. requesting permission to construct a one-story auto service building, submitted by Firestone Tire and Rubber Company of Akron, Ohio, is hereby referred to the Planning Board for its study and recommendations and report back to the Town Board. -7- 241 11. Proclamation - Safe Rides Program On motion by Councilman Lerman, seconded by Councilman Bloom, it was unanimously agreed that the Supervisor issue the proclamation annexed hereto. Councilman Lerman noted that the Program is in need of funds and asked the newspaper to print the address to which contributions can be sent and further explained how the program works and why funds are needed. Mr. Ralph Fisher raised questions regarding insurance coverage and liability and was directed to obtain that information from Ruth Santos, Chair of the Committee on Family and Youth, which is the sponsoring agency. (See next page.) -8- • 242 PROCLAMATION WHEREAS, the Town of Mamaroneck desires to recognize the special program called Safe Rides which has been found to be most beneficial in aiding teenagers in other communities; AND WHEREAS, our Town wishes to show our support for this program which will help guarantee the safety of our children; AND WHEREAS, we gratefully acknowledge the voluntary efforts by those adults and teenagers involved in facilitating Safe Rides, NOW THEREFORE BE IT RESOLVED, that the week of September 24, through 30. 1984 be proclaimed Safe Rides Week, and that all residents of our community join with us in wishing this program much success. In Witness Whereof, I have hereunto set my hand and caused the Seal of the Town of Mamaroneck to be affixed this 14th day of September, 1984. Dolores A. Battalia Supervisor For the Town Council -9- 243 WRITTEN COMMUNICATIONS There were no written communications presented to the Board. ORAL COMMUNICATIONS 1. Leonard Martin asked the Town Counsel the status of two pending court cases - the Melron litigation and the Con Edison litigation. Mr. Silverberg answered that there has been no resolve of either case yet, and in answer to Mr. Martin's question about a newspaper article about electronic games, the Supervisor asked Counsel to look into with respect to any effect on the Town. 2. Arthur Gasparini inquired about the Con Edison study of street lighting and the removal of lights from Maple Hill Drive and Murray Avenue. The Town Administrator answered. Mr. Gasparini also requested that certain information relative to insurance premiums be provided to him. 3. Mary Joslin of Washington Square asked questions about the parking situation and expressed her concern that the present problems could be intensified when the new apartment building is completed. THE TOWN CLERK Regular Reports The Town Clerk did not present any reports to the Board THE SUPERVISOR - Reports Supervisor Battalia reported on the Following: 1. that a proclamation had been delivered to the Daughters of the American Revolution in time for their ceremony relative to American Constitution Week, September 17th - 23rd. 2. that the Garbage Commission had met on this date and readied the framework for a draft environmental impact statement relative to the proposed transfer station. 3. that there would be a Special Meeting of this Board on September 25th at 7:15 P.M. at 437 Ward Avenue. -10- 244 REPORTS OF THE COUNCILMEN AND THE COUNCILWOMAN Councilman Bloom reported on the following: a) his attendance at the Human Rights Commission meeting on September 19th and noted that he would be attending the Board of Ethics meeting to be held on October 2nd. 1 Iii III b) the poor condition of Palmer Avenue from Weaver Street to the Mamaroneck Village line and asked the Town Administrator to request that the County include that area in their paving program. Supervisor Battalia stated that she had conveyed her concern of the many potholes and state of disrepair of Palmer Avenue to County Legislator Keane who recently advised that the County will do patching this year and that Legislator Keane will request money be appropriated in the County budget next year for paving this portion of the Road. c) his desire that this Board issue a proclamation for United Nations Day which was unanimously agreed to in the form annexed hereto, on his motion and the second of Councilwoman Silverstone. Mr. Bloom asked that the United Nations flag be flown during the week of October 21st through 27th . Councilman Amlicke reported on the following: a) that he would be attending the Conservation Advisory Commission's meeting to be held on Thursday, September 20th in the Council Room of the Weaver Street Firehouse. III b) the Friends of the Reservoir Ice Cream Social to be held on Sunday, September 23rd. c) whether his suggestion that corrective action be taken concerning the hazardous condition existing on West Garden Road at Weaver Street had been referred to the Traffic Committee. Mr. Altieri advised the matter would be taken up at the Committee's October meeting. Councilwoman Silverstone reported on the following: a) her attendance at the Larchmont Temple Birthday celebration. b) her attendance at a luncheon honoring Elaine Samuels and noted it was her privilege to sponsor Mrs. Samuels for a County award. c) her attendance at the reception for Mayor Quigley and the Proclamation issued by the Supervisor, declaring Mayor Martin Quigley Day in the Town of Mamaroneck, September 16th. d) Larchmont Village Board of Trustees' meeting on October 1st during which a public hearing will be held with respect to II the dedication- as park land of the Larchmont Reservoir property. Clarifications were made by Trustee Paul Kean and it was noted that the dedication would not preclude -11- 245 UNITED NATIONS DAY October 24, 1984 WHEREAS, United Nations Day is designated by the UN General Assembly each year to commemorate the founding of the Organization On October 24, 1945; AND WHEREAS, On this occasion we join with the peoples of the world in reaffirming our commitment to the principles upon which the UN was founded: International peace and security, respect for human rights, and the promotion of social and economic cooperation among nations. UN Day also gives us the opportunity to examine our involve- ment in the world's problems and their solutions; AND WHEREAS, Since the UN was founded 39 years ago, the world has changed dramatically, with the addition of more than 100 nations to its membership. In this global community, it is clear that the power to solve the world's problems no longer lies solely in the hands of a few nations. Instead, all nations must work together to relieve the suffering of millions, to halt nuclear proliferation, and to promote economic development; AND WHEREAS, Americans have made a great contribution to the creation and continuing work of the United Nations. As a part of our foreign policy, the UN is a channel through which the U.S. can take productive action for world peach and prosperity. Continued support for the United Nations can advance constructive goals that will benefit both the United States and the world. NOT, THEREFORE, I, , Supervisor of the , do hereby proclaim Wednesday, October 24, 1984 as United Nations Day and urge all citizens to participate in programs and activities designed to increase understanding of the problems and potential of the UN and to develop ideas on ways to make the United Nations more effective. III -12- 246 negotiations with Town relative to purchasing the property. Both Councilman Bloom and Councilwoman Silverstone suggested that this Board go on record as being in favor of the dedication and should be added to the agenda of the Special Meeting. Councilman Lerman reported: a) that the Zoning Board will be meeting on October 9th. ADJOURNMENT There being no further business to come before this Board, on motion duly made and seconded, the meeting was delcared adjourned at 10:30 P.M. Town Clerk Dorothy S. Miller Town Administrator Stephen V. Altieri -13-