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HomeMy WebLinkAbout1976_10_20 Town Board Regular Minutes 375 10-20-76 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 20, 1976, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 P.M. ROLL CALL Present: Supervisor Vandernoot Councilman Bloom Councilman McMillan Councilman DeMaio Councilman Perone Absent: None Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of December 17, 1975 were presented and on motion by Councilman McMillan, seconded by Councilman Bloom, approved as submitted. Councilman DeMaio and Councilman Perone abstained from voting since neither were members of the Board at the time of that meeting. OLD BUSINESS 1. Set Date for Public Hearing - Application - Cook's Restaurant Supervisor Vandernoot called attention to the postponement of the public hearing since a production mixup had caused the late publi- cation of the Notice in the Daily Times and thereupon after asking for a rescheduling of the hearing, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that a public hearing will be held by this Board at its next regular meeting on Wednesday evening, November 3, 1976 in the Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of considering the request for a Special Permit by Cook's Restaurant for the the installation of a refrigerator building on Block 412 Parcel 449 - 1265 Boston Post Road; and be it further -1- 376 10-20-76 RESOLVED, that the Town Clerk be and she hereby is authorized to publish in the official newspaper of the Town of Mamaro- neck, The Daily Times, the Notice of said hearing as required by law. 2. Set Date for Public Hearing - Taxi Fares The Supervisor cited the reason heretofore mentioned as being the cause for the postponement of this hearing and asked that - " a new date be set. Thereupon on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby fixes the date of November 3, 1976, the first regular meeting in November, for holding a Public Hearing to consider amending Chapter 75 entitled "Taxis" of the Code of the Town of Mamaroneck; and be it further RESOLVED, that the Clerk be and she here- by is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, Notice of such hearing as re- quired by law. 3. Set Date for Public Hearing - Local Law No. 2-1976 Mr. Vandernoot once again referred to the reason for the can- cellation of this hearing and in response to his request for the rescheduling of the hearing, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that a public hearing will be held before this Board at its next regular meeting on Wednesday evening, November 3, 1976, in the Auditorium of the Weaver Street Fire- house, Weaver Street, Town of Mamaroneck to consider the adoption of Local Law No. 2-1976 entitled "Tax Exemption Reduction Law"; and be it further RESOLVED, that the Clerk be and she hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, Notice of such hearing as re- quired by law. 4. U.S. Army Corps of Engineers' Report Supervisor Vandernoot presented the U.S. Army Corps of Engineers' update report of September 17, 1976 which was herewith ordered received and filed. Following some discussion, the Supervisor noted that the Board has instructed the Corps to study and prepare detailed specifi- cations for a plan to extend flood control to the lower reach -2- 377 10-20-76 of the Sheldrake River which had been omitted from the original studies. Further clarifying comments were made by Councilmen DeMaio and Bloom. NEW BUSINESS 1. Approval of Snow Removal Contract - County Roads Pursuant to a communication addressed to the Town Clerk by Edward K. Davies, Deputy Commissioner of Operations for the County of West- chester, herewith presented and ordered received and filed, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to sign the Agree- ment with the County of Westchester for the removal of snow and ice on County Roads within the Unincorporated Area of the Town of Mamaroneck, at a rate of $600.00 per mile for the 1976-77 winter season. 2. Change of Polling Place - 3rd District The Town Clerk presented her memorandum dated October 20, 1976 addressed to the Town Board which was herewith ordered received and filed, and pursuant to her request, on motion by Councilman Perone, who suggested that along with the notices to be mailed to each voter in the 3rd District, and adequate coverage in The Daily Times, a sign be posted at the Mamaro Firehouse, seconded be Councilman Bloom, it was unanimously RESOLVED, that in conformity with Section 66, sub-section 5 of the Election Law of the State of New York, this Board hereby designates-- The Mamaroneck Village Hall Mt. Pleasant and Prospect Avenues Mamaroneck, New York as the Polling Place for the 3rd District for Election Day, Tuesday, November 2nd, 1976, in place of-- Mamaro Firehouse Palmer Avenue Mamaroneck, New York and be it further RESOLVED, that a notice of the aforesaid change of Polling Place be mailed to all voters of the 3rd Election District as required by the Election Law. -3- 378 10-20-76 COMMUNICATIONS 1. Letter, N.Y.S. Department of Transportation A letter addressed to the Supervisor by the Regional Traffic Engineer of the aforementioned Department under date of October 12, 1976, indicating that the Town's request for the installation of a green arrow to permit left turns from Boston Post Road into Hommocks Road would be investigated, was presented and herewith ordered received and filed for the record. 2. Letter, N.Y.S. Office of Parks and Recreation A letter addressed to the Supervisor by the Regional Administrator of the above mentioned Department was presented with the Supervisor advising residents that pamphlets and brochures describing recrea- tional opportunities in New York State Parks and Historic Sites were available for distribution, and was herewith ordered received and filed. NOT ON AGENDA Paula Willey - Master Plan Paula Willey, 3; Glenn Road, Town addressed the Board asking if the Master Plan update was completed, stressing its importance and value relative to the Guadagnola property. The Supervisor commended the Committee for doing a fine job and added that many hours had been put into the report, but there was now a need for condensation due to the complexity of its contents. Councilmen _ DeMaio and McMillan commented further on the need for editing and condensation. The Supervisor advised Mrs. Willey that she could obtain a preliminary copy for the League of Women Voters at the Town Offices. THE SUPERVISOR 1. Resolution - Mobile Radio District Reference was made by the Supervisor to Police Chief Barasch's request for support of the Statewide Mobile Radio District pro- gram and following his query as to the Board's pleasure, on motion by Councilman Bloom, seconded by Councilman Perone, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck hereby endorses the statewide MOBILE RADIO DISTRICT program of the New York State Division of Criminal Justice Services as being essential to im- proving the effectiveness and services of our police department and be it further -4- 379 10-20-76 RESOLVED, that this Board urgently requests that the MOBILE RADIO DISTRICT program fund- ing be continued at its present level in order to insure its prompt and effective implementa- tion. 2. Salary Authorizations - Police Patrolmen (2) Following Supervisor Vandernoot's review of the Town Police Department's complement and pursuant to memoranda addressed to the Board by Police Chief Robert Barasch under date of October 8, 1976 which were herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby authorizes that Patrolmen William P. Degenhardt and Robert J. Reynolds be compensated in the amount of $14,894. per annum, effective as of November 4, 1976. 3. Schedule of Dates - 1977 Budget Supervisor Vandernoot presented for the record the following schedule of dates relative to the Tentative Budget for 1977 and noted that that document would be available in the Clerk's Office by October 30th, and added that the setting of date for public hearing would be presented at a subsequent meeting: November 3rd Presentation of Town Board Meeting - Tentative Budget (Departmental Requests) November 17th - Adoption of 1977 Preliminary Town Board Meeting Budget . . . . . . . . . I . . . . . . . . . . . . . . . December 1st - Public Hearing on Town Board Meeting 1977 Preliminary Budget December 15th - Adoption of Town Board Meeting 1977 Budget THE COUNCILMEN Mr. Bloom 1. Apportionment Upon Councilman Bloom's presentation of the following apportion- ment and on his motion, seconded by Councilman McMillan, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented petition for the correction of the — assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Tax Law: and -5- 380 10-20-76 WHEREAS, after due consideration, this Board finds it desirable to grant said petition for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of -- 1976-77 taxes of 1977 and second half school taxes of 1976, which shows property now appearing on the roll as follows: Block Parcel Owner Land Improve. Total 615 250 Owen A. Mandeville,Jr. $15,100. $500. $15,600. (Administrator) be apportioned as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Owner Land Improve. Total 615 250 Owen A. Mandeville,Jr. $ 9,100. $500. $ 9,600. (Administrator) 615 281 Pat Rabasco & W. $ 6,000. --- $ 6,000. Mr. McMillan 1. Appointment - Narcotics Guidance Council Following Councilman McMillan's presentation of the qualifications and background of Michael Davies for his appointment to the Nar- cotics Guidance Council as Staff Psychologist, on his motion, seconded by Councilman DeMaio, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck hereby approves the appointment of Michael Davies as Staff Psychologist to the Narcotics Guidance Council; and be it further RESOLVED, that similar resolutions have already been adopted by the Village of Larchmont and Village of Mamaroneck. NOT ON AGENDA Town Attorney - Certiorari Pursuant to the Attorney's request and in accordance with the Assessor's and his recommendation, on a motion offered by Councilman Bloom, seconded by Councilman McMillan, the following - - resolution was adopted by unanimous vote of the Board: WHEREAS, heretofore writs of certiorari were obtained by Kinney Shoe Corporation, -6- 381 10-20-76 Leasees of property known and described as Block 918, Parcel 230 on the Tax Assessment Map and the Assessment Roll of the Town of Mamaroneck, for the follow- ing years: 1975-76 for taxes of 1976 and 1976-77 for taxes of 1977; and WHEREAS, the Town Attorney recommends to this Board that the proceedings be settled _- and discontinued upon the reduction of certain of these assessments; NOW, THEREFORE, BE IT RESOLVED, that the assessments for the years 1975-76 for taxes of 1976 and 1976-77 for taxes of 1977, upon property owned by E.G. Kinloch and others as Trustee of General Electric Pension Fund and described on the Assessment Map and Assessment Roll of the Town of Mamaroneck as Block 918, Parcel 230, be reduced as follows: From Assm't. Tax Year Year Land Imp. Total 1975-76 1976 $32,800. $43,700. $76,500. 1976-77 1977 $32,800. $43,700. $76,500. To Assm't. Tax Year Year Land Imp. Total 1975-76 1976 $32,800. $27,200. $60,000. 1976-77 1977 $32,800. $27,200. $60,000. provided the certiorari proceedings now pending in the name of Kinney Shoe Corporation be dis- continued without costs as against either party; and be it further RESOLVED, that all refunds of taxes due by reason of such reductions be paid without interest; and be it further RESOLVED, that the Town Attorney is hereby author- ized and directed to sign the necessary stipulations to obtain an order of the Supreme Court providing for such reductions. -7- 382 10-20-76 NOT ON AGENDA Councilman Perone - Public Service Commission & Con Edison - Double Deposits Councilman Perone reported his efforts on behalf of the residents who had complained about Con Edison's deposit practices. He stated that he had passed the complaints on to the Public Service Commission who has scheduled a review of said deposit procedures and noted that he has received no recent complaints. ADJOURNMENT There being no further business to come before the Board on motion unanimously made and seconded, this meeting, to reconvene on November 3rd, 1976, was declared adjourned at 9:00 P.M. , in re- spect to the memory of Judge Charles M. Baxter, Jr. , former Town Attorney and Justice of the Peace as presented by Councilman Perone and in memory of Patrolman Arthur Dematte of the Village of Larchmont Police Department, upon presentation by Councilman McMillan, with the following resolutions spread upon the minutes of this meeting as a public and permanent tribute to them: (see next page) -8- 383 10-20-76 IN MEMORIAM WHEREAS, Judge Charles M. Baxter, Jr. , a life-long resident of Mamaroneck and one of its most distinguished citizens, died on October the 15th, 1976, and WHEREAS, his greatest contribution to his community and its residents was undoubtedly the founding of the Mamaroneck Free Library which stands as a living memorial to him, and WHEREAS, during the more than fifty years Judge Baxter devoted to public service, he served the Town as Attorney, Justice of the Peace, Historian, and Chairman of both its 275th and 300th Anni- versary Observances, NOW, THEREFORE, BE IT RESOLVED, that we, the members of this Board, the Town Board of the Town of Mamaroneck, do hereby express and record the gratitude of the Town of Mamaroneck and all of its citizens to a fine public official, and our appreciation for his singular service, and be it further RESOLVED, that we convey to Mrs. Baxter and the members of his family this expression of our deep sense of loss and grief, and be it further RESOLVED, that this resolution be entered upon the minutes of this meeting as a public and permanent tribute to -- Judge Charles M. Baxter, Jr. and that this meeting convened in regular session this 20th day of October, 1976 stand adjourned in respect to his memory. -9- 384 10-20-76 IN MEMORIAM - WHEREAS, the Town Board of the Town of Mamaroneck learned with deep sadness of the death of Patrolman Arthur Dematte a nineteen-year veteran of the Village of Larchmont Police Department, and WHEREAS, Patrolman Dematte was an invaluable Police Officer and a good friend to all in the Village and in the Town as well, NOW, THEREFORE, BE IT RESOLVED, that we, the members of this Board, together with all of our residents express our sincere admiration for him and our deep sorrow at his passing, and be it further RESOLVED, that we convey to Mrs. Dematte and the members of his family our sense of loss and grief, and be it further RESOLVED, that this resolution be entered upon the minutes of this meeting as a public and permanent tribute to him -- and that this meeting convened in regular session this 20th day of October, 1976, stand ad- journed in respect to his memory. -10- 385 10-20-76 BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board Meeting. _ 1. Claims Upon presentation for payment by Commissioner Bloom, seconded by Commissioner DeMaio, 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: Con Edison $ 258.60 Con Edison 18.86 Wilma Bakker 25.00 Marion Behrens 25.00 Arthur M. Brown 28.00 Joan Markowitz 25.00 Herbert Miller 30.00 $ 410.46 2. Reports Pursuant to a communication addressed to the Fire Commissioners under date of October 20, 1976 by Arthur Brown, regarding the election of Richard J. Tortorella as Captain of Engine Company #1 to fill the vacancy caused by the resignation of Captain Richard B. Shaw, which was herewith presented and ordered received and filed, on motion by Commissioner Bloom, seconded by Commissioner Perone, it was unanimously RESOLVED, that this Commission hereby approves the election of Firefighter Richard J. Tortorella as Captain of Engine Company #1 and offers its con- gratulations and best wishes to him. NOT ON AGENDA - Fire Chief Chief Accocella addressed the Commission and publicly thanked everyone for the outcome of the election in favor of the beepers. ADJOURNMENT There being no further business to come before the Fire Commission, on motion duly made and seconded, it was declared adjourned at 9:03 P.M. , to reconvene on November 3, 1976. —�T, wn Clerk -11-