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HomeMy WebLinkAbout1984_10_03 Town Board Regular Minutes 252 MINUTES OF THE REGULAR MEETINGS OF THE BOARD OF FIRE COMMISSIONERS AND THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 3RD DAY OF OCTOBER 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 7:30 P.M. in the Auditorium. Present were the following representing all members of the Town 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 M. Silverberg, and Special Advisor for Police Affairs Joseph Fisch, were also present. On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board will recess into Executive Session in the Council Room to discuss matters of personnel. The Board discussed with Mr. Fisch the contents of his report relating to matters of specific personnel of the Police Department. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously resolved to adjourn the Executive Session at 8:21 P.M. 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 8:23 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- 253 Also present were the following: Dorothy S. Miller, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Consel to the Town Joseph Fisch, Special Advisor for Police Affairs 1. Claims Commissioner Silverstone presented fire claims for authorization of payment and on her 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: Dri-Chem Extinguisher Company $ 129.50 Exterminating Service Co. 18.24 N. LaRussell 36.00 Multiplier Industries Corp. 153.36 New York Telephone Co. 9.00 New York Telephone Co. 1,019.21 New York Telephone Co. 66.28 Portronix Communications 7.25 Printcraft 67.50 Printcraft 53.50 BAD i 437.37 UniforOm l Rental Inc. 51.92 Village of Scarsdale Water Dept. 308.00 Westchester Joint Water Works 92.37 $2,449.50 ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Bloom, 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. PUBLIC HEARING: Proposed Local Law No. 5 - Police Department On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town. Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. -2- 254 Supervisor Battalia explained the purpose of the Hearing and outlined the manner in which the Hearing would be conducted, and also presented the September 19, 1984 Legislative Findings for the record. Arthur Gasparini questioned the contents of the proposed local law and Counsel to the Town Steven Silverberg read aloud the entire contents. At this time the Supervisor introduced Mr. Fisch, who reviewed his own professional background, reiterated the charge given to him as Special Advisor to the Town Board and reasons for his appointment at a Special Meeting on March 14, 1984. He then enumerated those areas covered in his study which had previously been made public; to whom he spoke during his study; his review of prior studies of the Department; elaborated on the "Barasch Affair" and highlighted various of his recommendations. He then recommended the adoption of the proposed local law as a manner of dealing with the leadership deficiencies of the police department. He noted the importance of a full-time, paid commissioner as opposed to the present Police Commission system using non-professional volunteers. Officer Jack Thompson, President of the Town of Mamaroneck Police Benevolent Association, read a prepared statement on behalf of his organization, opposing the concept of a paid Police Commissioner and presented same to the Town clerk so it could be made a part of the record of this hearing. The following persons addressed the Board in the very lengthy discussion which ensued: Richard Murphy, 26 Linden Avenue, Larchmont Village re use of auxiliary police and civilians to do certain jobs now performed by policemen. John Carney, representing the Tri-County Police Federation questioned whether this local law would be in conflict with state statute. The Town's Counsel gave him the statutory basis for the local law. Doug Burrell, 2 Senate Place, Town, questioned whether there were plans to do away with the position of Police Chief and if there is enough work for two persons. A resident of Edgewood Avenue, Town, questioned how money for the position will be appropriated and noted other alternatives to implement Mr. Fisch's recommendations. Leonard Martin, Larchmont Acres, Town, questioned why the cost factor was not a part of the report and recommendations, to which Mr. Fisch replied that he did not consider the cost of any of his recommendations and Supervisor Battalia added that it will be the Town Board's responsibility to consider cost factors in the budget process. Arthur Gasparini, 189 Hickory Grove Drive, Town, questioned the urgency to comply with one of the recommendations and fill the lieutenant position to which the Supervisor advised that if adopted, the legislation will be effective immediately and a search will then be conducted to fill the Commissioner position. There is a separate item on the agenda to be considered later in the meeting relative to the lieutenant position. Dominick Forti, 81 Myrtle Boulevard, Town, spoke of the morale of the police department and the men's disappointment over recommendation for a paid Police Commissioner in the light of the officers' aspirations to become Chief. The Supervisor emphasized that nowhere in the report does it state that the position of police chief should be abolished, therefore men can still aspire to that position. Mary Joyce Beringer, President of the Larchmont League of Women Voters, read a prepared statement supporting Mr. Fisch's reconmiendations. Ralph Fisher, representing the Civic Association asked for job descriptions of police chief and police commissioner, which was clarified by Mr. Fisch and Counsel noting the commissioner would have all of the powers of the police commission and there was no statutory -3- 255 change in the chief 's position. He also spoke of his attendance at other public hearings and urged the Board to take all comments into consideration and not make a decision this evening. John E. Meany, representing the Board of Directors of the Tri- County Federation of Police and President of the New Rochelle P.B.A. related his own background in that department and reviewed the events within his department after the creation of a police commissioner. Thomas LaBarbera, Town resident and member of the Mamaroneck Village Police Department asked how many other towns in this county have paid police commissioners to which Mr. Fisch replied that there were none and emphasized that he only studied this community. Mr. LaBarbera also pointed out his disagreement with the position taken by the League of Women Voters. Edward Bakker, former Town police sergeant, expressed his agreement with Mr. Fisch's report with respect to equipment, etc. , but disagreed that the paid commissioner would be the answer to the problems.. He also asked specific questions about the position especially relative to transportation, secretarial services, office space and equipment. Town resident Dr. C. Alan Mason questioned a portion of the report relative to Youth Officers. Mary Joslin of Washington Square, Town, noted that a professional commissioner is needed and hoped that it will enable young men within the department to attain promotions. Supervisor Battalia answered Larchmont Acres resident Don Brown's query relative to the present Chief's lack of leadership by advising him about the long history of deficiencies in the police department and stated that now that recommendations have been given, this Board must grapple with giving the department what it needs and the means by which it can be done. Gail Gerardi, wife of a member of the police department, spoke of the policemen's objections to a paid commissioner and outlined the reasons. The Supervisor noted that the officers may not be in agreement with the concept of a paid commissioner, but stated that the previous volunteer commissions have not been successful and that she does not have the training and expertise necessary to serve as a police commissioner. Mr. Fisch stated that even though his recommendation of a paid full-time police commissioner may be unpopular, the soundness and wisdom of the decision should be looked at in the light of what is best for the department and is in the best interest of the men and the Town of Mamaroneck. Mr. Gasparini stated that ,he was not for or against the recommendation, however, he was confused about the line of responsibility. After further questions with respect to the actual cost of the proposed new position and the clarification by the Supervisor that the cost could be kept down if, for example, a retired policeman is hired, which would make it unnecessary to pay benefits. Supervisor Battalia stated that of course there is a cost factor involved with creating this new position, but reiterated that the previous system of volunteer commissioners has not worked and now consideration must be given to paying someone with the time and expertise to manage the police department. She emphasized that this Board must begin to address the concerns brought forth in recent reports. -4- 256 At this time Mrs. Battalia presented the statement of former Police Commissioner Joseph Sussen in which he points out that for a period of time, it is a good idea to appoint a paid commissioner to give the time necessary to effectively manage the police department. Throughout the Hearing, clarifying statements were made by the Supervisor, Mr. Fisch and Counsel Silverberg. • At this time, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. The following are verbatim statements made byg each Board member and the Supervisor prior to the call for voting on the proposed Local Law: Councilman Bloom: "Madam Supervisor I would just like to reemphasize something that has been said several times in the course of the evening. We have had a very difficult time acting as Police Commissioners on this Board. This Board became the Board of Police Commissioners as the result of the recommendations of the committee headed by Joe Vandernoot, (a member of that committee is here tonight, John Herz) who gave very diligent volunteer service to examine the problems we have had with the separate Police Commission. I totally agree with what Sergeant Bakker said, that we have had over the years many very devoted members of the volunteer Police Commission; but that system, not because of the quality of the people but because of the conflicts with other demands on their time, has not worked well in recent years and this Board simply has been unable to deal with the problem. The law, as has been stated several times, does provide that there shall be a Police Commission or Board of Police Commissioners, and the effort which has been undertaken here and what is proposed tonight is merely an alternate way of dealing with the Police Commission subject. The question has been raised-Mr. Gasparini mentioned, I believe, the prior thought that there would be insulation of the Police Department and its operations from a political change through the volunteer Board of Police Commissioners situation. That also insulated the men from the Town Board and the people of this Community wanted access to the Town Board and that was made very clear. I had the privilege of acting as Acting Supervisor during Leo Goldsmith's illness but it was in the middle of many of the periods of turmoil relating to the Barasch affair. I was in that position when Chief Baumblatt was in the early stages of his position and trying to fill it. It doesn't require any criticism of Chief Baumblatt as a person to say that he has obviously found great difficulty in providing the kind of management that is needed, and we need to deal with that situation. On the insulation matter, during that period several of the police officers asked to meet privately with me and because the law provided that the Police Commission had all the authority the Town Board would otherwise have, I was unable to grant that request, although I was willing to meet with them with the Police Commission. We therefore, by having the Town Board have that responsibility, have been able to provide the opportunity which the Supervisor has provided generously and expertly to the men to be able to talk with her recently about this proposal, for example. But, we have a problem and we have to find a way of meeting it, and the problem is the structure of the Police Commission, the very thing the -5- 251 Vandernoot Committee discussed. That is what we are going to deal with and it is not easy. There are pros and cons without question, there is understandable concern as to the unknown that may occur. If this Board should decide to go forward with this proposal, then certainly it would be incumbent upon us and I know we each would intend that the search be conducted very thoroughly, that all the concerns be taken into account in any selections made, and that we provide for the department the kind of leadership and professionalism and expertise in management which will make them very comfortable in performing their jobs on a day-to-day basis, knowing that they have someone to turn to who knows in detail and from long experience how to run a department, how to draw up rules and regulations and put them into effect, how to maintain regular day-to-day operations in an effective manner and how to bring about the changes in equipment and procedures that have been recommended over the years and as to which there has been difficulty in implementation with the volunteer commission system that we had. So that is the issue we are facing and I said it is not easy to resolve. There is much to be said on both sides and those are the kinds of difficult questions that this Board is constantly faced with as every Town Board has been." Councilman Amlicke: "Before I make my comments, I would just like to state that for the last three or four weeks I have been tussling with this issue and whether or nor this Town needs a commissioner. I want to assure Mr. Fisher that I can only speak for myself and I do not speak for any of the Board members, that when we come to these hearings, we don't come to these hearings with the decision already made. I can assure Mr. Fisher that over the years, of the number of hearings I have gone to, I have changed my mind more times than I have kept my mind when I started out. I can assure him that this Board is here for one purpose and one purpose only-to do the best we can for the Community. I can assure you we do not do this job for the money. We do this for the love of the Community and I have been doing this job for five years now and it is a very tedious job and time-consuming job and it detracts a lot from your own family life and your own business. We do this job because we want to do it for the betterment of this Community and I can assure you when we make a decision, the decision is based upon all the facts that we have gathered, including the opinions of the people who contact us before the hearing and who also speak at the hearing. Now back in September 1982 this Board was given a report by Mr. Vandernoot and the two or three other members of that Board (Councilman Bloom - Harry DeMaio and John Herz) . At that time they presented to us an extensive report on previous Police Commissions and they advised us that they felt there were three possible alternatives for a Police Commission. First they said to keep the Police Commission that we now have, three civilians, and recommended that the Town Council become the Police Commission, or they recommended that maybe two members of the Town Council be part of the Police Commission and there be an independent party. At that time I was the only member of the Board who voted for the last position, I felt then as I feel now, that the job of Commissioner requires a lot of time and requires a lot of expertise, and I knew then which the facts have proved out now, that this Council did neither have the amount of time needed to devote to this Police Department nor could it spend enough time to develop the expertise in order to do a proper job for the men of the Department. I feel today, after long considerations, that we cannot run this Police Department on the basis of staff personnel with a part-time person. I feel we need a full-time person. A full-time person who is an expert in the area of running the Police Department. The person -6- 258 we should select if we decide tonight to go ahead with a Police Commissioner, is someone that should be a "good cop" to put it bluntly, who has been around, who knows his way around police departments. He should also have administrative abilities in order to make sure that our Police Department is run smoothly amd effectively. I feel that in this day and age that this Commissioner should have the background in computers or if he doesn't have this background, at least be receptive to bringing our Police Department into the 21st century, in computerizing our Department in order to lessen the burden on our patrolmen and our detectives of producing the work products they will have to produce. I also feel that this Commissioner, if he is selected, should live locally or at least should give a commitment that he will move to our area. I feel it is very important that he be available at all times and I think it is very important that he has a knowledge of the Community which he will have to be supervising this Department. I want to make it clear tonight to the men of the Police Department that as far as I am concerned, the candidate for this job does not have to come from without the Community. The candidate for this job can be from our Police Department, and as far as I am concerned I will request it if they feel they have the qualifications for the job to submit their resumes, we will be, at least I will be, happy to meet with them and interview them for the job. I do want to state one other thing, we have not taken anything away from the officers of this Department. There is still going to be a Police Chief and when Mr. Baumblatt, Chuck Baumblatt retires, there will be an accession from Lieutenant up to Police Chief. There will also be another position they can aspire for and that's called the position of Commissioner. Another thing we are not taking away from the men, the goals that they can aspire for. As far as I am concerned they have one extra goal they can aspire for and that's being Commissioner." Councilwoman Silverstone: "I would like to begin by agreeing with Councilman Amlicke in terms of his description of how we approach hearings, in fact there have been hearings we have adjourned and decided to make our decision at the following meeting because we were unable to come to conclusions. We do take these hearings very seriously and are very thoughtful about this. My history of interest in the Police Department goes back quite a while. I was the Chair of the League of Women Voters Study of the Police Department some years ago and became very concerned at that time with certain things about the Police Department although I felt confident that we have a good police force here. After the Barasch matter was concluded and things had simmered down a bit, I made a recommendation in April 1982, about four months after I took office, that the Police Commission be abolished and that the Town Board take over the responsibility. I made that recommendation because from my reading of ten years of Police Commission minutes, there had been a dwindling ability of the volunteer Commissioners to handle the day-to-day affairs of overseeing the Police Department. I do not suggest that we should question the character of those people who were last Commissioners, I suggest that it is a question of the changing times. In the space of time since Mrs. Battalia took office, we have changed our methods of legal advice to the Town. We find that legal problems are far more complicated to meet today's demands. Shortly before Mrs. Battalia took office the Town hired an administrator. It had become necessary to have a professional person on staff every day, all day long to handle the affairs of the Town. It was no longer possible for a part-time supervisor to keep track of all the different departments. Everything in life, particularly government, seems to become more complicated. People go to court at a drop of a hat-- where towns and villages are being sued left and right as are individuals. I think that we really must have the more professional leadership in every area of government to produce, to be well run, and the Police Department is no exception. I believe, I fervently believe that it is time for professional leadership in -7- 259 the Police Department. And I believe that the acquisition of a professional Police Commissioner is the way to go. At this point I would have an open mind as to whether that person would come from within the Department or from without the Department, but I believe that it should be a person that has been well versed in police work rather than a political appointment of some civilian who is worthy of a reward for political whatever. So I am looking forward to continuing the interviewing process to finding exactly the right person, whether it be a local person, whether it be someone from within the Department or whether it be a professionally trained person." Councilman Lerman: "My interest in the Police Department predates my presence on this Board as I think many of you know. I think the Fisch report over- all was an excellent document. In those areas where I was privy to some of the information, not from Mr. Fisch but on my own, I found that what Mr. Fisch reported was quite accurate. I believe that he clearly, both in the public report and the report that the Town Council itself had read, had his finger on several major problems that exist, one of which is morale and the reason for those problems with morale. I don't, however, agree with every single one of his 42 or 43 recommendations. I agree with a vast majority of them. I understand his recommendation, vis-a- vis the Commissioner. I also understand the feelings of the Board, it is a practical problem, it is a fiscal problem, and the concept of the Commissioner is not devoid of merit. But I am very disturbed by the recommendation which speaks very specifically that this Commissioner, this new leader be from the outside of the Department. To say that it should be open to all people, I think all applicants from within the Department and without the Department is a good thing to say and I am very happy to see that is coming about. But in order to permit an insider, if you will, to take that position, it has to be facilitated, just as in order to make a Commissioner you have to pass legislation. In order to open up this position to an insider you have to think of how you can do that without asking a man to basically stop accumulating the time he has put into the force for 15 years - 16 years, whatever it might be. I think that has to be looked at very carefully. I too recognize the need for professional leadership--I recognize the need to have a good cop running things and I maintain that Mr. Fisch agrees with me that we have those people here in our department now. I believe that what Mr. Fisch says that we have-- that we are lucky in that we have many men in the Department who are superb policemen. I am also convinced that from those many men there are some who could provide the proper leadership needed. I am very concerned about what an outsider would mean for the Department--for morale. It is an expedient kind of an approach, but I am not sure its an approach that I think is the best approach. I really don't quarrel with the sincerity of anybody on the Board, Mr. Fisch's sincerity or that of any Council members. There are different ways that you can look to solve problems and I don't look to solve it in the same manner as it appears to have been appraised. I think there are other ways of insuring strong leadership for the Department, and some of those ways have been alluded to this evening and I don't want to get deeply involved in specifics. That would involve personnel. I am also concerned as someone else mentioned earlier--I am concerned that we may be acting in undue haste rather than deliberate speed. I think it is important to provide the leadership as quickly as possible, with deliberate speed but not with undue haste and I think that there has to be some time given to thinking about this. I also would say that I came here to listen tonight." (There were a few more comments by Councilman Lerman which were not discernable on the tape.) -8- 260 Supervisor Battalia: "I think that my response to most of the questions tonight allowed me to state more than the other Council members by reasoning. I would ask a few more moments of your time tonight and I would like to address a few remarks to the men. For me this is not a new issue this evening. This is something that I have been dwelling on and dealing with for the past nine months. With respect to Mr. Fisher's comment, I would only say that we do come with an open mind and we do listen. We moved to make the report available as quickly as possible and this issue has been dealt with very openly by this Board. I would also suggest that the dilemma that we face as elected officials and as those charged with the ultimate responsibility doesn't always give us the luxury of adjourning a decision or postponing a hearing. Unfortunately, on all too many occasions, that would be the most - comfortable thing to do, but we have responsibilities and we must meet those responsibilities as we see fit. I would ask the Community this evening to join with Mr. Fisch's recommendation. I would ask that the Barasch matter become historical footnote and that as a topic of discussion it ends for this Community and for this Police Department which has represented and conducted itself so well this evening. I would ask of the men that you accept the thanks of the Community for doing an extraordinary job under extraordinary circumstances, which at times might be described as the worst of circumstances. I would thank you for coming over the past two weeks to see me and for giving me the opportunity to meet you and for making me feel proud that you felt comfortable enough to ask to see this Board or to ask to see me and that you were very open and you were very candid and you spoke your minds • and you also felt that I was open and I was candid and as open as you. What we're doing tonight, hopefully, is to heal wounds and move forward and expand opportunities--to expand opportunities for the men and to address all the concerns that you have in the manner that we feel is the best possible way to handle them. You deserve to be commended for the job that you do for the Town of Mamaroneck. You deserve to be isolated from political influence to the fullest extent possible. You deserve the opportunity to do your job in a professional manner and having other professionals judge the way you do that job. I hope after you have sat here this evening for the first time and watched your Town Board function, that you will have confidence that we do understand the needs of the Department and that it is our intention to deal with them with compassion, if you will Mr. Brown, and only concern for the Department and the safety of the Town of Mamaroneck in mind. I also commend you for coming here tonight and supporting your President and staying with us this evening and giving us the benefit of your input on this decision. I would also like to comment--I did forget during the Public Hearing to indicate that I had received a communication from Mr. McAlister who is a former police officer, and from former Chief Mancusi, quite a few months ago, suggesting that the time had come for a paid professional to be the Commissioner of the Town of Mamaroneck or Director of Public Safety. They had a number of suggestions, but they were very grateful for what volunteers had done for them when they were policemen, but they were suggesting to this Board that volunteers could no longer do the job." -9- 261 Thereafter, with sincere thanks to the men in the Police Department, Councilman Bloom moved the adoption of Local Law No. 5-1984, Councilwoman Silverstone with pleasure, seconded, and the following resolution was adopted by a majority on a roll-call vote with Councilman Lerman abstaining from the vote: WHEREAS, this Town Board has met on this date, at the time and place III specified in the Notice of Public Hearing to consider the adoption of Local Law No. 5-1984 and has heard all , persons desiring to be heard thereon; NOW, THEREFORE BE IT RESOLVED, that this Board does hereby adopt Local Law No. 5-1984 entitled "Police Department," and orders that said Local Law as so adopted and herewith inserted, be made a part of the minutes of this meeting: LOCAL LAW NO. 5-1984 This local law shall be known as Police Department, Town of Mamaroneck. Section 1. Purpose Purpose of this local law is to provide for the efficient, III thorough, and responsive administration of the Police Department in the Town of Mamaroneck so as to deal with the significant problems experienced by the Police Department of the Town of Mamaroneck over the last twelve years in its administration and to correct the problems noted by two professional studies conducted with regard to the administration and functioning of the Police Department of the Town of Mamaroneck. Section 2. Police Commissioner The Town Board of the Town of Mamaroneck shall appoint a Commissioner of Police who shall serve at the pleasure of the Board and for such compensation as shall be fixed by the Town board from time to time. Section 3. Powers of the Commissioner Commissioner of Police shall have the following powers and duties: (a) All the powers and duties granted a Board of Police Commissioners under Chapter 104 of the Laws of 1936 as amended, except that _in the case of disciplinary proceedings, if the charges are brought by the Commissioner of Police, the Town Board shall sit as hearing officers. (b) In any instance where Chapter 104 of the Laws of 1936 as amended provides that an action shall be taken by the Town Board or. the Board of Police Commissioners, the Commissioner of Police as appointed pursuant to this local law shall act in the place of the Board of Police Commissioners. -10- 26 Section 4. Rules and Regulations of the Police Department The Commissioner of Police shall from time to time recommend to the Town Board such changes in the rules and regulations of the Police Department as are necessary for the efficient administration and discipline of the Department, and the Town Board after public hearing, upon ten (10) days notice published in The Daily Times, shall adopt such rules and regulations as, after public hearing, it is deemed appropriate. Section 5. Applicability of Other Laws In all other respects, the Police Department of the Town of Mamaroneck shall be governed by applicable law. Section 6. Severability Should a court of competent jurisdiction declare any portion of this local law unconstitutional or otherwise invalid, then no other section of this local law shall be affected by such declaration. Section 7. Effective Date This local law shall become effective immediately. Supervisor Dolores A. Battalia VOTING Aye Councilman Lee H. Bloom VOTING Aye Councilman Thomas R. Amlicke VOTING Aye Councilwoman Caroline Silverstone VOTING Aye Councilman Lawrence A. Lerman VOTING Abstained PUBLIC HEARING: Proposed Ordinance - Truck Ban on Fenimore Road On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. Councilman Bloom explained the purpose of the Hearing, noting that after Scarsdale Village banned truck traffic on Grand Park Avenue, which created traffic problems in the Town, the Traffic Committee recommended that truck traffic be banned on Fenimore Road, to which the Village of Mamaroneck had no objection. Jim Kelly of 844 Fenimore Road applauded the Board on this move, stating that there is a very hazardous condition on Fenimore Road. Thereupon, since there was no further discussion on the matter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and is hereby is, declared closed. -11- 263 On motion by Councilman Amlicke, seconded by Councilman Lerman, the following resolution was unanimously adopted by a roll-call vote with all members of the Board voting in favor. RESOLVED, that this Board hereby adopts the following ordinance: "The operation of any vehicle, truck trailer, combination or other vehicle having a gross vehicle weight in excess of 10,000 pounds is prohibited on Fenimore Road in the Unincorporated Area of the Town of Mamaroneck. This exclusion shall not be construed to prevent local deliveries and pickups nor the performance of usual municipal services." APPROVAL OF MINUTES The minutes of the Special Meetings of September 22 and 25, 1984, were presented and on motion by Councilwoman Silverstone, seconded by Councilman Amlicke were unanimously approved by those Board members in attendance at those meetings. The minutes of the Regular Meeting of September 5, 1984, were presented and on motion by Councilwoman Silverstone and seconded by Councilman Lerman, were unanimously approved as corrected. Action on the minutes of the Special Meeting of July 25, 1984, the Regular Meeting of August 8, 1984 and the Regular Meeting of September 19, 1984 was deferred to the next meeting. AFFAIRS OF THE TOWN 1. Set Date for Public- Hearing - Proposed Local Law #6-1984-Unsafe Buildings Ordinance Councilman Bloom explained the need for a public hearing on the above captioned and on his motion, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby sets October 17, 1984 as the date for a Public Hearing on proposed Local Law #6-1984, a local law to regulate the removal or repair of dangerous or unsafe buildings; 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. 2. Set Date for Public Hearing - Overnight Parking Ordinance Councilman Bloom explained the need for a public hearing on the above captioned and on his motion, seconded by Councilwoman Silverstone, it was unanimously -12- 264! RESOLVED, that this Board hereby sets October 17, 1984 as the date for a Public Hearing to consider adopting an ordinance relative to overnight parking in the Unincorporated Area of the Town of Mamaroneck; 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. 3. Salary Authorizations: a) Police Department Pursuant to the recommendation of Mr. Fisch, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Town Administrator is hereby authorized to promote John C. Anderson and Paul A. Munch of the Town of Mamaroneck Police Department to the position of Lieutenant at the annual salary of $36,128.00 effective October 9, 1984. Mr. Gasparini questioned the Board's decision to promote two officers in light of the comments in the Bureau of Municipal Police Report about senior officers in the Town Police Department. He was advised that this is being done to improve the general supervision of the Department. b) Recreation On motion by Councilwoman Silverstone, seconded by Councilman, it was unanimously RESOLVED, that Larry Armstrong and James Greco, Substitute Senior Recreation Leaders and Dean Reban and Richard Rella, Senior Recreation Leaders in the Open House Program, be compensated at the rate of $30.00 per session, effective October 12, 1984; and be it further RESOLVED, that Margaret O'Neill, Recreation .Assistant in the Men's Basketball Program, be compensated at the rate of $4.00 per hour, effective October 15, 1984; and be it further RESOLVED, that Cathy Cilento, Senior Recreation Leader in the Women's Fitness Program, be compensated at the rate of $35.00 per session, effective October 4, 1984; -13- r- a ._, 2 5 ;1, and be it further RESOLVED, that Cindy Owen, Recreation Assistant in the Women's Fitness Program, be compensated at the rate of $25.00 per session, effective October 4, 1984; and be it further RESOLVED, that Dean Reban, Pool Manager at the Hommocks Pool, be compensated at the rate of $9.00 per hour, effective retroactive October 1, 1984; and be it further RESOLVED, that Charles Fierro, Swim Team Coach at the Hommocks Pool, be compensated a total of $3,600.00 for six months effective October 8, 1984 4. Presentation of 1984 Town Budget Schedule The Town Administrator presented the above captioned schedule for informational purposes following which Supervisor Battalia noted that the Board's intention is to make the budget document itself more informative. She also offered to all neighborhood organizations the opportunity to meet with the Town Administ- rator and/or herself to discuss the budget document. It was further pointed out that there will be a considerable more than usual number of budget work sessions this year. Mr. Gasparini asked about the input of his budget committee. 5. Authorization - Snow Removal Contract-State Roads On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, 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 State Roads within the Town of Mamaroneck. 6. Planning Board Recommendation - Special Permit Application- Power Test Gasoline Station On motion by Councilman Bloom, seconded by Councilwoman Silver- stone, it was unanimously RESOLVED, that pursuant to the recommendations of the Planning Board, this Board hereby sets October 17, 1984 as the date for a III Public Hearing on the application of Power Test Gasoline Station for Special Permit so as to allow the operation of a self- service station and a mini-mart at 2385 Boston Post Road; and it is further -14- 26 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. 7. Approval of Change of Polling Place - Election Districts #4 and #17 The Clerk requested the Board's approval of the change of polling place for the two districts displaced due to the renovation of the Town Center, thereupon on motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously RESOLVED, that pursuant to the recommendation of the Town Clerk, this Board approves the relocation of Election Districts #4 and #17 from the Town Center to the Westchester Jewish Center (Youth Lounge on Ground Floor-Rear Parking Lot Entrance) and authorizes the publication of the revised listing of polling places for the General Election. Mrs. Miller emphasized that after local registration, arrangements will be made with the County Board of Elections to officially notify all registered voters in the 4th and 17th Election Districts of the relocation of their polling place. 8. Proclamation - Coast Week Following presentation of the above noted proclamation by Councilman Lerman and on his motion, which was seconded by Councilman Amlicke, it was unanimously agreed that the Supervisor issue the proclamation annexed hereto. Not on Agenda - Report on Bids The Town Administrator explained that a pre-bid meeting was held on September 19, 1984, during which the concern of expected bidders was expressed that not enough time was being given for preparation of the required bid document. Therefore, following discussions with Planned Expansion it was agreed that the date for opening of the bids would be extended to Friday, October 5th up until 11:00 A.M. and opened at the Town Center at 11:30 A.M. He requested that a Special Meeting be held by this Board to consider the acceptance of the bids. WRITTEN COMMUNICATIONS There were no written communications presented to the Board. -15- 27 P R O C L A M A T I O N WHEREAS, the Town of Mamaroneck has a varied coastline of rocky shores, sandy beaches, productive estuaries and salt marshes, small harbors, tidal flats, and rock ledges; and WHEREAS, the coast has provided us with a rich scenic, economic, recreational, cultural, and historic heritage; and WHEREAS, the natural resources of the coastal zone are among our most important economic resources; and WHEREAS, the marine environment is a most valuable resource, supporting an active boating and fishing industry and many boating and fishing enthusiasts; and WHEREAS, we are strongly committed to the wise management of the coastline to ensure for all the residents that the environmental and economic value of the coastal zone will be sustained; and WHEREAS, , the coastline is also receiving nationwide recognition during the week of October 7th through the 14th, 1984, as a valuable but threatened resource; NOW, THEREFORE, BE IT RESOLVED, that the week of October 7th through the 14th, 1984, be proclaimed C OAS T WEEK throughout the Town of Mamaroneck, and all citizens are urged to take cognizance of this event and to participate fittingly in its observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Town of Mamaroneck to be affixed this 27th day of September 1984. Dolores A. Battalia Supervisor for the Town of Mamaroneck -16- ORAL COMMUNICATIONS 1. a) In answer to Dr. Mason's query about the memorandum written by Mayor Oppenheimer with respect to the Federal E.P.A. and the services of Mr. Hohberg, relative to pollution of Mamaroneck River, Supervisor Battalia advised him that she would check further into the matter and provide him the appropriate communications. b) Dr. Mason advised that a Storm Water Management meeting has been scheduled for Thursday, October 11,1984 at 8:00 P.M. c) Councilman Amlicke asked Dr. Mason About the status of the changes to the Fresh Water Wetlands Act. Dr. Mason replied that he and Mrs. Fredston met on this date relative to that matter and discussed the manner in which this matter can be coordinated with the work being done by the Coastal Zone Management Committee. THE TOWN CLERK Regular Reports The Town Clerk presented the reports of the Town Clerk's Office and the Building and Plumbing Inspector's Office for the month of September 1984. THE SUPERVISOR Reports Supervisor Battalia reported on the following: 1. membership meeting at which she is to speak to the Larchmont League of Women Voters on October 4, 1984. 2. meeting on October 4, 1984 with the Vice President of UA Columbia in reference to cable franchise. 3. the vacancy to be filled on the Cable TV Board of Control. 4. the vacancy to be filled on the Community Development Advisory Group after which Councilman Amlicke advised that he has a recommendation for that position. 5. meeting held last Monday, October 1, 1984 with the County on recycling and accepted an award for the Town's recycling effort which is the longest recycling program in the County. REPORTS OF THE COUNCILMAN and THE COUNCILWOMAN Councilman Bloom reported on the following: 1. Board of Ethics and Cable TV meeting held on October 2, 1984. 2. meeting held with Councilman Amlicke, himself, and representatives of UA Columbia relative to the concern of improving telephone service and other concerns brought to attention by the community. -17- 2F 9 1 Councilman Amlicke reported on the following: 1. meeting with the Friends of the Reservoir to be held on October 11, 1984. 2. meeting to be held on October 16, 1984 with the Commuter Council at the Weaver Street Firehouse. III 3. the Town of Mamaroneck Fire Department Inspection and Dinner to be held on Friday, October 5, 1984. 4. his attendance at the Larchmont Village Board meeting on Monday, October 1st during which he spoke at the public hearing held relative to the dedication of the reservoir property. He stated that he advised the Village Board that the Town board is unanimous in its feeling of being in favor of the dedication and would continue to exempt the taxes and would continue to maintain the conservation area. Councilwoman Silverstone reported on the following: 1. the organizational meeting of the Tenants Council, at which • time objectives were set up. She further stated that the next meeting is scheduled for October 29th. Councilman Lerman reported on the following: 1. the Zoning Board meeting to be held next week. 2. the fact that Larchmont Village Board approved the submission of the draft of the Coastal Zone Management Committee's report to the Secretary of State. 3. his recent discussion with Dr. Friedman, Chairman of the Committee on the Disabled who has stated that their report is forthcoming. ADJOURNMENT There being no further business to come before the Board at this time, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby adjourns this meeting to reconvene on Wednesday, October 10, 1984 at 7:15 P.M. in the Council Room of the Weaver Street Firehouse, Weaver Street for the purpose of discussing proposed legislation and may consider a motion to recess into Executive Session to discuss matters of II/ personnel. Town Administrator Town Clerk -18- . 2°7O MINUTES OF THE SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON THE 10TH DAY OF OCTOBER 1984 IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK, NEW YORK The meeting was called to order at 7:15 P.M. by Supervisor Battalia. Present were the following: Supervisor Dolores A. Battalia Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence E. Lerman Absent: Councilman Lee H. Bloom Also Present: Stephen V. Altieri, Town Administrator Lee A. Hoffman, Jr. , Counsel The Town Administrator presented the results of the bids for the Town Center renovation and discussed with the Board a proposed resolution to reject the bids for Contract #1 and to take no action at this time on the bids received on Contract #2, #3 and #4. The Board also discussed with the administrator proposed changes to be made in the Town Center renovation plans. On motion by Councilwoman Silverstone and seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby rejects all bids submitted under Contract #1 for the renovation of the Town Center building; and it is further RESOLVED, that the Town Administrator is authorized to reissue specifications and accept bids for Contract #1 for the renovation of the Town Center building. The Board discussed adjourning into Executive Session to discuss matters of personnel and therefore, on motion by Councilwoman Silverstone and seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Town Board will adjourn into Executive Session to discuss matters of personnel. The Board discussed the position of Police Commissioner. On motion by Councilwoman Silverstone and seconded by Councilman Amlicke, the Executive Session was adjourned. -1- 271 There being no further business to come before this Board, on motion by Councilman Lerman and seconded by Councilwoman Silverstone, the meeting was adjourned at 9:15 P.M. Respectfully submitted Stephen V. Altieri Town Administrator II -2-