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HomeMy WebLinkAbout1973_11_21 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD NOVEMBER 21 st, 1973, 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 Helwig Councilman Vandernoot Councilman Bloom Councilman White Absent: Councilman McMillan Also Present: Mr. Gronberg Mrs. Brewer Mr. Johnston Mr. DeLuca Mr. Elfreich REPORTS ON BID OPENINGS 1 . Television Inspection and Cleaning - Sewer Lines Pursuant to a memorandum addressed to the Board by the Town Engineer under today's date reciting the two bids re- ceived and opened and read aloud at 10 o'clock this morn- ing in the Town Clerk's office and recommending award of bid to the low bidder, on a motion by Councilman Vander- noot, seconded by Councilman Bloom, it was unanimously RESOLVED, that the bid for Television Inspec- tion and Cleaning of Sewer Lines be and it here- by is awarded to the low bidder, to-wit - The New England Pipe Cleaning Co. in the amount of $3,640.00, provided that upon examination by the Town Engineer, Superintendent of Highways, Attorney and Comptroller, said bid conforms with the specifications set forth in the Notice for Bids and is satisfactory in all respects; and be it further RESOLVED, that the Town Clerk is hereby au- thorized and directed to return the bid check or bond to the unsuccessful bidder. - 1 - .n 2. Air Structure and Related Facilities at Hommocks A memorandum addressed to the Board by the Town Engineer under today's date and co-signed by the Clerk and Attorney which recited that the only bid for the aforesaid had been re- ceived at 11 :45 this morning and therefore not opened was herewith presented and ordered received and filed. Since this bid had not been submitted in accordance with the requirements of the Legal Notice, the Engineer had recom- mended that it be rejected - and in reply to the Chair's ques- tion as to whether there were any questions or comments, the following persons addressed the Board. Mr. David Stone -- Mr. Stone raised two questions -- 1) the reduction of hours for the holders of tennis permits -- and.2) what would happen were the proposed facility not to pay for itself as projected? In reply to the first question, Councilman White stated that it now looked "like no bubble at all" -- and Mrs. Helwig and Mr. Bloom reviewing the present tennis fees, which, they said, were low compared to those of neighboring municipalities, and the projected fee structure for the bubble, on which it had been projected that the cost of building and operating the facility would be paid by its users. Councilman White stated that he would be dreadfully remiss if he did not make a statement at this time. He said he had done everything possible to get the bubble up this winter and that he was most disappointed at losing a whole season. Mrs. Peggy Snyder -- Mrs. Snyder stated that she believed the residents would be willing to pay more for tennis permits -- that this was not the issue. What we are agitated about, she said, is that we will lose May and September for outdoor tennis. She fur- ther stated that she was sure the Board would recall that this had been an issue in the campaign and that she had had many calls. Mrs. Helwig said she was sorry the figures on use in April and May were not here this evening as they had not showed any large usage -- and again pointed out that there would be more time for use of the courts when they were covered. The Supervisor then said she believed the Board would have to reject all bids and start again in the spring -- inquiring as to its pleasure in the matter? Councilman Bloom, stating that he saw no choice, moved that the bids be rejected and all bid checks returned with an explanation, which was thereupon unanimously so _ordered. - 2 - OLD BUSINESS 1. Report - Automatic Accounting Equipment (Authorization to Readvertise) Mr. DeLuca reported briefly on the bids received, recom- mending that they be rejected because of the non-conform- ity with the specifications set forth in the Notice and that new bids be obtained. He further requested in order to allow time for detailed study and examination, that the bids be returnable to the Town Clerk's Office at 10.00 a.m. on December 5th and opened and read aloud at that time in the presence of the Supervisor, Town Clerk and Comptroller with the Clerk authorized to award the bid to the low bidder subject to approval by the Town Board at its next meeting on December 12th, which on motion by Councilman Vandernoot, seconded by Councilman White, was unanimously so ordered. NEW BUSINESS 1. Adoption of the 1974 Preliminary Budget The Supervisor presented a recommendation for the adoption of the Preliminary Budget for 1974 with a total appropriation of $3,836,625, a tax levy increase of $2,747,025. and a tax rate of $36.78 per thousand, reflecting an increase of $2.52 per thousand over the 1973 rate and an increase of 12c per thousand over that shown in the Tentative Budget. These changes reflect in the General Town Budget increases of $4,215. in the Supervisor's budget ($4,000. for Deputy Super- visor), $2,650. in the Town Clerk's office due to the addition of one (1) part-time person, $4,000. in Community Beautification for a Consultant for the Natural Resource Inventory and in the Part Town, a $10,000, increase in the local Police Retirement Fund and a $5,300. increase in available balances in Highway. A total of $42,000;, $10,000. for M.T.A. pipe lines and $32,000. for the purchase of 2 Dump Trucks and 1 Pick-up Truck was re- moved from Federal Revenue Sharing since these items would be financed by Capitol Notes rather than from Federal Revenue Shar- ing Funds. Mrs. Helwig further stated that additional study of Recreation fees, the purchase of cars and the Fire Department Budget had been requested and that if the Preliminary Budget was adopted as recommended, it would be ready on December 3rd prior to the hearing on December 12th, thus affording all interested consid- erable time for study of the document. Councilman Bloom asked whether the changes reflected a 26¢ per $1,000. increase over-all -- which Mrs. Helwig said was correct. Mr. Bloom also commented that with this shift in Federal Revenue Sharing Funds there was more balance between the Unincorporated Area and the Villages. Mrs. Maris Russell, upon recognition, called to attention the fact that the Town of Greenburgh used all of its Federal Revenue Sharing Funds for the Town, none at all for the Villages - and further that if used for the Villages, more should be allocated - - 3 - A uavy to the Village of Mamaroneck due to the existance of greater need in that Village. And thereupon since there were no further comments or questions in reply to the Supervisor's query as to the Board's pleasure, on a motion offered by Councilman Vandernoot and seconded by Councilman Bloom, the following resolution approving the tenta- tive budget (Departmental Requests) as the Preliminary Budget for 1974 and Public Hearing to be held thereon was adopted by unanimous vote of the Board, all members thereof being present and voting aye: RESOLVED, that this Town Board does hereby approve as the Preliminary Budget of this Town for the fiscal year beginning on the first day of January 1974, the itemized statement of estina ted revenues and expen- ditures hereto attached and made a part of this resolution; and be it further RESOLVED, that such Preliminary Budget shall be filed in the office of the Town Clerk, where it shall be available for inspection by any interested person at all reasonable hours; and be it further RESOLVED, that the Town Clerk give Notice of public hearing in the manner provided in Section 108 of the Town Law, and that Notice be published and posted in substan- tially the following form: Public Notice Notice is hereby given that the Preliminary Budget of the Town of Mamaroneck, New York, consisting of the estimated revenues and ex- penditures for the year 1974, has been com- pleted and filed in the Office of the Town Clerk of said Town, where the same may be examined by any person interested therein, and that a public hearing thereon will be held by and before the Town Board of said Town on Wednesday evening, December 12th, at 8:15 o'clock in the Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, New York, at which time and place all those who appear and are interested will be given an opportu- nity to be heard with respect to said Pre- liminary Budget, or any part or item thereof. Please take further notice, that the proposed salaries of the members of the Town Board are - as follows: Supervisor - $12,000. ; Deputy Supervisor - $4,000. ; Town Councilmen (4) - $3,000, each; and that the proposed salary of the Town Clerk is $15,945. By Order of the Town Board Charles J. Gronberg Town Clerk - 4 - and be it further RESOLVED, that Notice shall be published in the following newspaper having general circulation within the Town: The Mamaro- neck Daily Times, on November 30th, 1973. 2. Fixing Date of Public Hearing on 1974 Preliminary Budget In accordance with the Supervisor's suggestion that the Public Hearing on the adoption of the Preliminary Budget as the Annual Budget for 1974 be held on Wednesday, December 12th, and accord- ingly that the date of the first regular meeting of that month, December 5th be changed to the 12th, on motion by Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously, RESOLVED, that the date of the first regular meeting in December be changed from Wednesday, December 5th, and that the public hearing on the adoption of the Preliminary Budget as the Annual Budget for 1974 be held on that date. 3. Resolution - Snow Removal - State Highways Upon presentation of the Agreement for the control of snow and ice on State Highways and request for its execution, on motion by Councilman Bloom, seconded by Councilman Vandernoot, the following resolution was adopted by unanimous vote of the Board: Whereas, Sect. 12 of the Highway Law, as amended by Chapter 305 of the Laws of 1946, provides that if the removal of snow and ice from the State Highways is taken over by the County, the County can arrange with the Town Superintendents or Village Street Commissioners of the various towns/villages in the County of Westchester and the Villages therein for the removal of the snow and ice from such State Highways as are within their municipal boundaries and the entire cost of such work will be reimbursed by the State; and WHEREAS, the Town of Mamaroneck under date of November 8, 1946 entered into a contract with the County of Westchester for the re- moval of snow and ice from the State High- ways within the said Town in accordance with the provisions of Sect. 12 of the Highway Law as amended, and under date of October 20, 1971 extended the said contract for the 1973-1974 season; NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck extends the above-mentioned contract with the County of Westchester for an additional year; - 5 - and be it further RESOLVED, that a certified copy of this resolution be forwarded to the Westchester County Commissioner of Public Works. 4. Resolution Authorizing Sale of Bonds Councilman Vandernoot explained that this item was on tonight's agenda since the Board had thought the Bond Resolution which must be prepared by the Bonding Attorneys and adopted by the Board authorizing the $518,500 Bond Sale would be ready for this meeting. However, he said it had not been received and consequently the item would have to be carried over to the next meeting on December 12th, which was thereupon so ordered. COMMUNICATIONS 1. Letter Armand Gianunzio re Reimbursement--Guarding Voting Machines Pursuant to a communication addressed to the Supervisor by Mr. Gianunzio, Village Manager of the Village of Mamaroneck, under date of November 19th herewith presented and ordered received and filed, and following some discussion, on motion by Council- man Bloom, seconded by Councilman White with the remark that this expense though unanticipated was unavoidable, it was unan- imously RESOLVED, that this Board hereby approves the request of the Village of Mamaroneck and author- izes that the costs of the Police Service for guarding the impounded voting machines from November 7th through November 13th, 1973, be charged to the Election Budget and appropriated from General Town Contingency in the 1973 budget. 2. P.S.C. Notice - Con Ed Elmsford, White Plains, Harrison Transmission Facility Upon the Attorney's advice that the foregoing Notice was simply a continuation of general information, it was herewith ordered received and filed. 3. I.C.C. Notice of Correction Penn Central Finance Docket No. 26241 Upon the Attorney's report that the foregoing Notice simply recited the correction of one word, it was herewith ordered received and filed. 4. P.S.C. Notice of Hearing - Western Union The Attorney reported receipt today of the foregoing Notice of hearing to be held on December 11th, 1973 in Albany on a re- quested Western Union rate change, which was thereupon ordered received and filed. 6 - 5. Larchmont Board of Appeals Notice of Meeting This Notice of Meeting being held this evening and forwarded - because of being within 500' of the Town line, was presented and thereupon ordered received and filed. Not on Agenda -- At this time the following persons addressed the Board: Mrs. Maria Russell -- Mrs. Russell inquired about the status of the Guadagnola suit which question was referred to the attorney. Mr. Johnston reported that Judge Gorman had rendered an Opinion on Monday of this week remanding hearing before the Zoning Board of Appeals and in answering her further Mr. Johnston briefly re- viewed the opinion. Mrs. Margaret Shultz -- In reply to a question by Mrs. Shultz, Mr. Johnston stated that the Zoning Board could indeed hold hearings and that the only appeal from decision of that Board was to the Court as was also the case with the Planning Board. Mr. Ronald Kleicksman -- Mr. Kleicksman stated that he had been requested by persons he did not wish to name before the Board to appear this evening to protest the building of the proposed Tennis Bubble and Ice Skat- ing Rink at Hommocks, which protest the Board stated would be noted for the record. REPORTS The Town Clerk--- Report from New York State Commission of Correction, dated Nov- ember 14, 1973 re Town Lockup herewith presented and upon the Clerk's advice that the recommendation would be taken care of, ordered received and filed with the Board's direction that the Clerk reply accordingly. The Supervisor -- 1. Modified Parking Regulations - Richbell & Dillon The Supervisor reported that the Police Commission had adopted new regulations for parking on Richbell and Dillon Roads as follows and which it was hoped would ease the parking problems of residents in those areas. On Richbell Road permitting parking from 3:00 a.m. to 6:00 a.m. on the west side of Richbell Road with the exception of no parking on the east side of Rich- bell Road on Wednesdays and the west side on Thursdays from 9:00 a.m, to 12:00 noon for purposes of street cleaning. 7 _ On Dillon Road permitting parking from 3:00 a.m. to 6:00 a.m. on the east side in front of No. 1 and No. 3 Dillon Road. Mr. Irving Scharf a resident of Richbell Road, upon recognition, speaking on behalf of the Executive Committee of the Tenants Association as well as for himself, expressed the Association's and his thanks to the Board and Police Commission for the action taken and taken so promptly. 2. Report - Energy Program The Supervisor presented a written report on every conservation which was herewith ordered received and filed for the record. She stated that she had also requested further study of possible ways and means to conserve energy by both the Highway Superinten- dent and the Town Engineer. 3. Report. - Topics Program Mrs. Helwig reported receipt of a letter addressed to her by Mr. M. N. Sinacori, Regional Director of the New York State De- partment of Transportation, under date of November 16th, 1973 advising that the request of the Town and two Villages for a TOPICS Program could not be granted because the proposed area was not large enough to warrant such program, which was herewith ordered received and filed with the Board's expression of regret. The Councilmen -- Mr. Vandernoot -- 1. Apportionment Upon presentation of the following apportionments, on motion by Councilman Vandernoot, seconded by Councilman Bloom, the follow- ing resolution was adopted by unanimous vote of the Board: WHEREAS, the Assessor has presented a petition for the correction of the assess- ment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Tax Law; and WHEREAS, after due consideration this Board finds it desirable to grant said petition for the correction of said assess- ment roll; NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1972-1973, taxes of 1973, which shows property now appear- ing on the roll as follows : Block Parcel Owner Land Imp. Total 341 16 Damon Polcini & $8,600. -- $8,600.00 Dorothea Baselice - 8 - be corrected as follows in accordance with the provisions of subdivision 5 of Section 557. Block Parcel Owner Land Imp. Total 341 16 Damon Polcini & $2,100. -- $2,100. Dorothea Baselice 341 40 " " $3,900. -- $3,900. 341 58 if it $2,600. -- $2,600. and be it further RESOLVED, that the Assessment Roll of 1972-1973, taxes of 1973, which shows property now appear- ing on the roll as follows: Block Parcel Owner Land Imp. Total 926 215 Gregory Masone Bldg. $17,300. $100. $17,400. Corp. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557. Block Parcel Owner Land Imp. Total 926 215 Gregory Masone Bldg. $5,000. $100. $5,100. Corp. 926 225 " " $4,300. -- $4,300. 926 235 $3,900. -- $3,900. 926 254 " " $4,100. -- $4,100. 2. Appointments to C.A.P. - Mrs. Selena M. Grissom - Mr. Fredric Don Cuneo Following a brief resume of Mrs. Grissom's and Mr. Cuneo's partic- ular qualifications for this singular service to the C.A.P. organ- ization, he moved their appointment as members of the Board of Directors of C.A.P. Councilman Bloom stated that it was indeed his pleasure to second this motion since he had the pleasure of working personally with Mrs. Grissom and Mr. Cuneo both of whom were indeed dedicated and capable, and thereupon the following resolution was adopted by un- animous vote of the Board: RESOLVED, that this Board hereby appoints Mrs. Selena M. Grissom of 126 Richbell Road, Mamaro- neck and Mr. Fredric Don Cuneo of 80 Garden Road West, Larchmont, as members of the Board of Dir- ectors of C.A.P. effective immediately and to serve the coming year. 3. Authorization Subscription Municipal Information Services , Inc. Newsletter Mr. Vandernoot stated that he would like to have the Board's approval of a subscription for the Fall and Winter Editions from Municipal Information Services, Inc. at a cost of $250. 00 - 9 - WHEREAS, said Conservation Advisory Committee is a tri-municipal body including in its membership residents of the Village of Larch- wont and of the Village of Mamaroneck designated for such service by the Boards of Trustees of said Villages; and WHEREAS, Chapter 691 of the Laws of 1967 of the State of New York, codified as Section 64-b of the Town Law, provided for the establish- ment by Towns of Conservation Advisory Councils for purposes similar to those for which the Town of Mamaroneck Conservation Advisory Com- mittee was established; and WHEREAS, Chapter 901 of the Laws repealed said Section 64-b of the Town Law and en- acted Section 239-X of the General Municipal Law setting forth with greater specificity the powers and duties of Municipal Conservation Advisory Councils, and designating Town Conservation Ad- visory Councils as serving the Unincorporated Areas of Towns; and WHEREAS, various public and private grants of funds are available to Conservation Advisory Councils and other municipal Conserva- tion bodies having the same or similar responsi- bilities and authority; NOW, THEREFORE, it is hereby resolved by the Town Board of the Town of Mamaroneck that: a. The Conservation Advisory Committee of the Town of Mamaroneck shall hereafter be known as the Town of Mamaroneck Conservation Advisory Commission, here- inafter called the Commission. b. The Commission shall have all of the powers and duties provided for Conservation Ad- visory Councils created pursuant to Section 239-X of Article 12-F of the General Munic- ipal Law, while remaining a tri-municipal body as presently constituted and to the extent consistent with such character, and shall carry out such other duties as the Town Board may from time to time see fit to assign including those heretofore as- signed to the Conservation Advisory Com- mittee and shall carry out such other duties as are provided or may be provided in the future for Conservation Advisory Councils created pursuant to Section 239-X, Article 12-F, of the General Municipal Law. - 11 - per year so as to have on hand current information on contracts etc. , in all municipalities throughout the County. Mr. DeLuca advised the Board that the Village Board had asked if the Town took this subscription whether it might pay one- half of the cost with the Town paying the other half which offer was accepted by the Board with grateful thanks. And thereupon on his motion, seconded by Mr. White, it was un- animously RESOLVED, that this Board hereby authorizes a subscription for the Fall and Winter Editions from Municipal Information Services, Inc. at an annual cost of $250.00, said cost to be shared equally by the Town and Village of Larchmont. Mr. Bloom -- 1. Appointment and Salary Authorization - Frank J. Multari Pursuant to memorandum addressed to him by the Fire Chief under date of November 19, 1973 herewith presented and ordered received and filed, on motion by him and seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby approves the provisional appointment of Frank J. Multari as a Firefighter in the Town of Mamaroneck Fire Department and authorizes that he be compensated at the rate of $10,360.00 per annum, effective as of December 13th, 1973. Mr. Bloom noted for the record that the addition of Mr. Multari should certainly resolve the overtime problem provided the rest of the Firefighters kept healthy. 2. Resolution - Powers and Duties of Conservation Advisory Committee Following a brief review of the establishment and history of the Conservation Advisory Committee and its request to become a Commission rather than a Committee so as to be legally eligible to receive Foundation Grants, Councilman Bloom presented the fol- lowing resolution; as it had been amended and thereupon moved its adoption. The motion was seconded by Councilman White and the resolution thereupon unanimously adopted as amended as follows: WHEREAS, the Town Board of the Town of Mamaroneck, by resolution adopted August 5, 1964, established and appointed the Conservation Advisory Committee to assist said Town Board in its planning for the ac- quisition, development, maintenance and use of conservation areas and in the development and implementation of conservation programs for the Town of Mamaroneck; and WHEREAS, said Conservation Areas have been acquired and maintained as Town- wide facilities and expenditures in connec- tion therewith have been charged against General Town appropriations; and - 10 - 1� Not on Agenda 3. Fix Date for Public Hearing Local Law No.2-1973 Pursuant to Mr. Bloom's request and on his motion, seconded by Councilman White, it was unanimously RESOLVED, that this Board hereby fixes as the date for holding a Public Hear- ing on the adoption of Local Law No.2- 1973 (Garage and Yard Sales) the date of the second regular meeting in Decem- ber, December 19th, 1973, and authorizes Publication of Notice of Hearing in the official newspaper of the Town of Mamaro- neck, The Daily Times, as required by law. 4. Report - American Field Service Reception Mr. Bloom reported his attendance at the delightful American Field Service Reception at the home of Mr. & Mrs. Peter Gruman at which he had been requested to convey its thanks to the Board for American Field Service week. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:30 p.m. , to reconvene on December 12th, 1973. 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 authorization of payment by Commissioner Vandernoot and on his motion, seconded by Commissioner White, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims approved by the Fire Chief and audited by the Comptroller's office: - 12 - v —sad R. G. Brewer, Inc. $ 42.11 Con Edison of New York, Inc. West- chester 207.94 Elgene Chemicals, Inc. 100.50 Exxon Company, U.S.A. 108.88 Franklin Cleaners 170.50 Larchmont Glass & Mirror Co. 10.00 Lawrence Heat & Power Corp. 240.41 Lawrence Heat & Power Corp. 95.00 Total. . . . . .$975.34 ADJOURNMENT There being no further business to come before the meeting on motion duly made and seconded, it was declared adjourned at 9:35 p.m. , to reconvene on December 12th, 1973. Town erk 13 -