HomeMy WebLinkAbout1972_08_02 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE
TOWN OF MAMARONECK, HELD AUGUST 2nd, 1972, 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 Faiola
Councilman Vandernoot
Councilman Bloom
Councilman White
Absent: None
Also Present: Mr. Gronberg - Town Clerk
Mrs. Brewer - Deputy Clerk
Mr. Aitchison- Highway Superintendent
Mr. Altieri - Comptroller
Mr. Elfreich - Town Engineer
APPROVAL OF MINUTES
The minutes of the regular meetings of June 7th and
July 5th, 1972 were presented and on motion duly made
and seconded, approved as submitted.
OPENING OF BIDS - Furnishing Fuel oil
and Servicing Oil Burners
The Clerk presented the Affidavit of Publication of
the Notice for Bids for the record, and opened and
read aloud the following bids, advising that the non-
collusive statements had been signed:
Bidder Bid
Lawrence Heat & Power Corp. , Larchmont, New York
Servicing:
Park Department $ 70.00
Recreation Department 70.00
Police Department 70.00
Fire Department 95.00
Justice Court 70.00
#2 Fuel Oil Net Price $.1490 per gallon
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Bidder Bid
Frank's Fuel, Inc. , No. Tarrytown, New York
Servicing:
Park Department $ 70.00
Recreation Department 70.00
Police Department 70.00
Fire Department 90.00
Justice Court 70.00
#2 Fuel Oil Net Price $.1369 per gallon
On motion by Councilman Faiola, seconded by Councilman
Bloom, it was unanimously
RESOLVED, that this Board hereby refers the
aforesaid bids for furnishing fuel oil and serv-
icing oil burners for the 1972-73 season to the
Attorney, Comptroller and Engineer for study
and award of bid to the lowest bidder if satis-
factory.
OLD BUSINESS
1. Application of Peter S. Myers
for Stream Diversion
A memorandum addressed to the Board by the Town Engineer
under date of August 2nd, 1972 in connection with the
foregoing application was read into the record as follows
and thereupon ordered received and filed:
"This office is in receipt of a drawing
--- entitled, "Plan Showing Existing and
Proposed Drains on the property of
Mr. Peter Myers of Larchmont, Town of
Mamaroneck, Westchester County, New York",
dated 8/1/72, prepared by the office of
Charles H. Sells, Inc. of Pleasantville,
New York and signed by Owen M. Quinn, Jr. , P.E.
Attached to the drawing are seven (7) sheets of
computation and charts for evaluation of the
design of the above-mentioned Stream Diversion as
prepared by Mr. Robert Socha, P.E. , of the office
of Charles H. Sells, Inc.
I have the above-mentioned drawings and computations.
The proposed installation of a 12" CMP from Rosen-
berg's property to intercept with the existing 18"
CMP on Myers' property will drain the isolated low
area on the Rosenberg and Manes properties.
The existing line across the rear of the Myers
and Rosenberg properties (Station 0+00 to Station
2+04) does not comply with the requirements of
Item 5 of the Stream Control Resolution (i.e. rain-
fall intensity of not less than a ten year return
frequency) . As a result of this, there may occur
a temporary ponding of water at the entrance of
the 12" CMP during storms of high intensity and
short duration.
In view of the above I recommend approval of the
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proposed 12" CMP and existing 18" CMP subject
to the following conditions :
1) that the maintenance of the existing and
proposed lines be referred to the respective
property owners
2) that the Town of Mamaroneck will not be
responsible for any public or private
liability or property damage as a result of
this installation
3) that if any subsequent property owner attempts
to change said stream diversion, it shall be
done in accordance with the Stream Control
Resolution."
The Supervisor inquired of the Engineer whether there
would be any question of adequate drainage of the area
even though there might be temporary ponding? Mr. Elfreich
replied that in his opinion there would be sufficient and
adequate drainage with the possible exception of this
brief temporary ponding caused by a storm of high intensity
and short duration.
Councilman Faiola inquired of Mr. Manes whether there was
any time element involved?
Mr. Manes said there was, and Mr. Charles McGroddy, attorney
for Mr. Myers, stated that the time element was critical
inasmuch as the Myers' property was under contract for sale.
He also stated that the three concerned parties, Messrs.
Manes, Myers and Rosenberg, had examined the plans for the
proposed stream diversion prepared by Charles H. Sells, Inc.
--- for Mr. Myers and that these plans had been approved by
all three affected parties.
The plans also following submissal to the Town Engineer
for review had met with his approval and he therefore
requested that the permit be granted this evening so that
the work could be commenced tomorrow morning as had been
arranged.
Mr. Albert Gaynor, attorney for Mr. Manes, added that in
conversing with his client today, the matter of the temporary
ponding had been raised, and stated that when he had questioned
Mr. Elfreich as to exactly what might be involved here time-
wise -- whether a matter of days, weeks, or hours -- he had
been assured that only hours would be involved. This, he
continued, was entirely satisfactory to Mr. Manes who
consequently not only agreed that the application be approved
but urged that the permit be granted this evening so that
the work could progress as planned.
Mr. Gaynor further stated that he would like to call to
attention one other point -- that the portion of pipe that
- crossed Mr. Rosenberg's property was to be continued and
not moved by Mr. Rosenberg or any subsequent owner since
if it were it would negate the entire plan. Therefore,
he said, Mr. Manes requested that the permit be granted
reciting this stipulation.
The Supervisor asked whether this was not covered by
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provision #3 in the Town Engineer's memorandum, and
further inquired whether Mr. Rosenberg, who was not
present, was conversant and in agreement with the
plan as proposed and presented here this evening?
Mr. Harold Blass, attorney for Mr. Rosenberg, assured
Mrs. Helwig that his client had been fully informed,
was in accord with the proposal presented this evening,
and agreed that the permit should be granted.
In answer to Councilman Bloom's inquiry, Mr. Elfreich
stated that it was necessary for any property owner
desiring to divert a stream to apply for a permit therefor,
adding that such permit could be granted only if the work
could be performed in accordance with the requirements of
the Town's Stream Control Resolution.
And thereupon since there were no further questions or
comments, on a motion offered by Councilman Faiola and
seconded by Councilman Vandernoot, it was unanimously
RESOLVED, that this Board hereby approves
the application of Peter S. Myers, owner of
the premises located at 26 Country Club Drive,
Town, and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 229, Parcel 66
for a permit for stream diversion through his
property and that of L. William Rosenberg, owner
of the premises located at 22 Country Club Drive,
Town, and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 229, Parcels 77 and
87 as shown on the drawings prepared by Charles
H. Sells, Inc. for said Peter S. Myers and sub-
mitted to, reviewed by, and approved by the Town
Engineer, Charles R. Elfreich, P.E. , provided
that:
1) the maintenance of the existing and
proposed lines be referred to the
respective property owners
2) the Town of Mamaroneck will not be
responsible for any public or private
liability or property damage as a
result of this installation
3) if any subsequent property owner
attempts to change said stream diversion,
it shall be done in accordance with the
Stream Control Resolution.
2. Report of Planning Board
Micelli Application
The report of the Planning Board re the application of
Mr. Frank Micelli for a Special Permit which had been
referred to that Board at the last meeting of this Board
was herewith read into the record as follows:
"The Planning Board met at a regular meeting
on July 12, 1972 and a special meeting on
August 1st, 1972 to discuss the above-mentioned
subject.
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At this time the Planning Board recommends to the Town
Board, approval :. of the request for special permit
for a public garage and facilities for the above-
mentioned properties subject to the following
conditions:
1) That adequate provision be made for
waste oil storage similar to that in
gasoline service stations;
2) That adequate provision be made for
disposal of waste water from washing
of the equipment; and
3) That adequate provision be made for
off street parking for all employees."
And thereupon pursuant thereto and in accordance with
Section 432 of the Zoning Ordinance of the Town of Mamaro-
neck, on motion by Councilman Vandernoot, seconded by Council-
man Bloom, it was unanimously
RESOLVED, that a public hearing will be held before
this Board at its next regular meeting on Wednesday
evening, September 6th, 1972, at 8:15 p.m. in the
Council Room or Auditorium of the Weaver Street
Firehouse, Weaver Street and Edgewood Avenue in the
Town of Mamaroneck, pursuant to Article IV, Section
432 of the Zoning Ordinance of the Town of Mamaroneck,
for the purpose of considering the application of
Frank Micelli for a Special Permit to construct a
building to be located on property on the east side
of Valley Place and known as Block 131, Parcels 36,
40 and 45 on the Tax Assessment Map of the Town of
Mamaroneck, for storage and maintenance of his own
contractor's equipment, and for leasing a portion of
said building and land for the storage and maintenance
of school buses;
and be it further
RESOLVED, that the Clerk be and he hereby is author-
ized to publish in the official newspaper of the
Town of Mamaroneck, "The Daily Times", Notice of
such Hearing as required by law.
3. Report of Engineer and
Highway Superintendent on
Bids for Catch Basin Cleaner
The report of the Engineer and Highway Superintendent on the
inspection of the Catch Basin Cleaner and conformance with
specifications therefor, and subsequent recommendation for
its purchase was herewith reviewed by the Engineer and
thereupon ordered received and filed for the record.
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NEW BUSINESS
1. Authorization for Collection
of 1972 School Taxes
Pursuant to the Tax Receiver's request, on motion by
Councilman White, seconded by Councilman Bloom, the
following resolution was adopted by unanimous vote of
the Board, all members present voting "aye":
— RESOLVED, that the Town Board of the Town
of Mamaroneck, in accordance with Section 550a
of the Westchester County Tax Act, being Arti-
cle 16 of the Westchester County Administrative
Code as amended by Chapter 386 of the Laws of
1962, does hereby authorize the Receiver of
Taxes of the Town of Mamaroneck to accept
from any taxpayer two partial payments in equal
installments for or on account of school taxes
and apply such payments on account thereof, and
that he shall accept payment of said school taxes
in full at the discretion of the taxpayer, or as
stated in two partial payments, with the first
installment being due and payable in the month
of September and the second being due and payable
in the month of January following, provided that
no installment may be paid unless the first in-
stallment of current school taxes, including
interest and penalty, shall have been paid or is
paid at the same time. If the second partial pay-
ment is received during the month of January, no
interest or penalty shall be charged against the
second partial payment;
and be it further
RESOLVED, that as provided in said statute,
unless the first partial payment is received
during the month of September and the second
partial payment is received during the month
of January, the penalty provided for payment of
school taxes as set forth in Section 543 shall be
applicable as follows :
First Installment
September No penalty
October 2%
November 5%
December and January 7%
February and March 10%
April and thereafter
up to date of sale 12%
Second Installment
February and March 10%
April to date of sale 12%
and be it further
RESOLVED, that the first installment shall
be due and payable and become a lien on the
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taxable property of the school district on
September 1, 1972, and the second install-
ment on January 1, 1973;
and be it further
RESOLVED, that the Town Clerk, the Comptroller,
the Receiver of Taxes, and the Assessor shall
prepare a suitable form of tax receipt, to be
presented at the expense of the Town;
and be it further
RESOLVED, that pursuant to Section 551 of
Chapter 386 of the Laws of 1962, a statement
concerning the tax information be printed, and
the Receiver of Taxes shall mail with each
receipt for taxes a printed copy of such state-
ment;
and be it further
RESOLVED, that the schedule of penalties be
as follows:
Penalty Schedule
1st Half 2nd Half
September No penalty --
October 2%
November 5%
December and January 7%
February and March 10% 10%
April to date of sale 12% 12%
and be it further
RESOLVED, that this resolution shall take
effect immediately.
2. Authorization for Rental
of Paving Equipment
Pursuant to memorandum of the Highway Superintendent
under date of July 18th, 1972, herewith presented and
ordered received and filed as part of the record of
this meeting, on motion by Councilman Faiola, seconded
by Councilman White, it was unanimously
RESOLVED, that in accordance with Section 143
of the Highway Law, the Superintendent of
Highways be and he hereby is authorized to
rent equipment from Peckham Materials Corp.
as per itemized list herewith received and
filed for the repaving of Ridgeway Drive,
York Road, Durham Road, Ormond Place,
Winged Foot Drive and the completion of
the repaving of Stonewall Lane, Old White
Plains Road and Salem Drive, subject to the
approval of the Westchester County Commissioner
of public Works .
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3. Adoption of Capital Note Resolution
for Purchase of Catch Basin Cleaner
Pursuant to memorandum addressed to the Board by the
Comptroller under date of August 2nd, 1972, herewith
presented and ordered received and filed, and follow-
ing his review thereof the following resolution was
offered by Councilman Vandernoot who moved it adoption,
seconded by Councilman Bloom, to-wit:
CAPITAL NOTE RESOLUTION DATED AUGUST 2, 1972
A RESOLUTION AUTHORIZING THE ISSUANCE OF $34,000.
CAPITAL NOTES OF THE TOWN OF MAMARONECK, WEST-
CHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE
PURCHASE OF A CATCH BASIN CLEANER FOR THE TOWN
HIGHWAY DEPARTMENT.
BE IT RESOLVED, by the Town Board of the Town
of Mamaroneck, Westchester County, New York,
as follows:
Section 1. The specific object or purpose to
be financed pursuant to this resolution is the
purchase by the Town of Mamaroneck, Westchester
County, New York, of a catch basin cleaner for
the use by the Town Highway Department.
Section 2. The maximum estimated cost of such
specific object or purpose is $34,000. and the
plan for the financing thereof consists of the
issuance of $34,000. capital notes of said Town,
hereby authorized to be issued pursuant to the
Local Finance Law. All further powers in con-
nection with the details and sale of said capital
notes are hereby delegated to the Supervisor, the
chief fiscal officer of said Town.
Section 3. It is hereby determined that the
period of probable usefulness of the aforesaid
specific object or purpose is five years,
pursuant to subdivision 28 of paragraph a of
Section 11.00 of the Local Finance Law.
Section 4. The faith and credit of said Town
of Mamaroneck, Westchester County, New York,
are hereby irrevocably pledged to the payment
of the principal of and interest on such notes
as the same respectively become due and payable.
Section 5. This resolution shall take effect
immediately.
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as
follows :
Councilman White Voting Aye
to Bloom
of Vandernoot
It Faiola
Supervisor Helwig
The resolution was thereupon declared duly adopted.
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4. Authorization for Emergency Overtime
a) Police
Pursuant to memorandum of the Police Commission under
date of July 28th, 1972, herewith presented and ordered
received and filed, on motion by Councilman Bloom,
seconded by Councilman Faiola, it was unanimously
RESOLVED, that as approved by the Board
--- of Police Commissioners, this Board hereby
authorizes payment of Emergency Overtime
Compensation to the following officers of
the Town of Mamaroneck Police Department
for the number of hours set forth for each
covering the period from July 1st to
July 28th, 1972:
Name Hours Min.
Lt. Barasch 3
Sgt. Diamond 1 30
if Silvestri 1
It Vitro 6
Det. Sgt. Perritano 8
Det. DeVico 14
" Mulcahy 11
Ptl. .Adamo 8
" Anderson 1
" Carden 1
" Fuller 15
" Greenstein 2
" Knox 1
" Mosiello 10
" Passafume 9 30
Pyrch 2 _
Total 94
The Comptroller, for the Board's information, reported
the cost to date of Emergency Overtime in the Police
Department to be 9552 hours with an estimated total
of $7,820.12.
b) Fire
Pursuant to memorandum of the Fire Chief under date
of July 28th, 1972, herewith presented and ordered re-
ceived and filed for the record, on motion by Council-
man Vandernoot, seconded by Councilman Bloom, it was
unanimously
RESOLVED, that as approved by the Fire Chief,
this Board hereby authorizes payment of Emer-
gency Overtime Compensation to the following
Firemen of the Town of Mamaroneck Fire Depart-
ment for the number of hours set forth for
each covering the period from July 2nd to,
July 28th, 1972:
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Name Hours
Lt. J. Garofalo 12
" S. Garofalo 2
Fireman N. Soriano 4
" C. Mirande 2
F. Carpino 2
" J. Laverty 4
" N. Wilson 9
H. Newman 6
" R. Baron 5
" B. Callahan 4
Total 50
For the Board's information, the Comptroller reported
the cost to date of Emergency Overtime in the Fire
Department to be 461 hours with an estimated total of
$3,498.90.
5. Authorization for
Transfer of Funds
Pursuant to memorandum of the Comptroller under date
of July 17th, 1972, herewith presented and ordered
received and filed for the record, on motion by Council-
man Faiola, seconded by Councilman Bloom, it was unani-
mously
RESOLVED, that this Board hereby author-
izes the following transfer of funds
within the 1972 Budget:
From
General Fund - Town Wide - Appropriations
Miscellaneous - Account A1990.0
Contingency Fund $750.00
To
General Fund - Town Wide - Appropriations
Independent Auditing - Account 401
Independent Audit $750.00
6. Salary Authorizations for:
a) Sanitation
Pursuant to memorandum of the Superintendent of Highways
under date of July 17th, 1972, herewith presented and
ordered received and filed, on motion by Councilman Faiola,
seconded by Councilman Vandernoot, it was unanimously
RESOLVED, that pursuant to recommendation of
William Aitchison, Superintendent of High-
ways, Phillip Totten and James Cherry be
and they hereby are engaged as sanitation
men, effective July 17th and August 7th,
1972 respectively, and each to be compen-
sated at the rate of $6,930. per annum.
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b) Recreation
Pursuant to memorandum of the Superintendent of
Recreation under date of July 25th, 1972, herewith
presented and ordered received and filed, on motion
by Councilman Bloom, seconded by Councilman Vander-
noot, it was unanimously
-- RESOLVED, that the resolution adopted
June 7th, 1972 be and it hereby is amended
by substitution and/or addition as follows:
by substitution:
Tennis Instruction:
Kathleen Morrow for Claude Estwick, 6 weeks @ $60.00
Art Workshop
Anne Marie O'Reilly for Margot Howe, 6 weeks @ $55.00
Murray Avenue Pre School
Kathleen Sweeney for Kathy Megroz, Sue Ranson for Carol
Ann Mirande and Patricia Cantwell for Gail Cohen, 7 weeks
@ $33.00.
by addition:
Chatsworth Pre School
Alice Burlinson and Jane Purcell, 7 weeks @ $33.00
Special Education
Kerry Lynn Nagle, 6 weeks @ $42.00
Gymnastics A.M.
Michelle DaBramo, Timothy Rand and John Franklyn,
5 weeks @ $50.00
Mamaroneck Avenue
Mary Ellen LoGuidice, Barbara Torkelson and Barbara Bellaire
@ $500.00 each total compensation.
May Pisco @ $110.00 total compensation.
c) Police
Pursuant to memoranda addressed to the Board by the Police
Commission under date of August 1st, 1972, herewith pre-
sented and ordered received and filed, on a motion offered
by Councilman Vandernoot to authorize the foregoing changes
with the Board's congratulations to those concerned and
seconded by Councilman White, it was unanimously
RESOLVED, that this Board hereby authorizes
that Lieutenant Robert M. Barash, appointed
to the rank of Provisional Chief of Police
of the Town of Mamaroneck, be compensated at
the rate of $16,860. per annum effective as
of July 30th, 1972 and Patrolman Frank De Vico
appointed to the rank of Detective be compen-
sated at the rate of $11,600. per annum effective
July 27th, 1972.
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7. Authorization for
Property Appraisal
The Supervisor called to the Board's attention that
Mrs. Arthur Mettey of 1203 Palmer Avenue had called to
extend first priority to the Town on the purchase of
her property as had been promised. She stated that the
Board had agreed since there was no commitment on the
part of the Town to purchase the property that an ap-
praisal be obtained at a fee not to exceed $250. and
requested authorization therefor.
Whereupon on motion by Councilman White, seconded by
Councilman Bloom, it was unanimously
RESOLVED, that this Board hereby author-
izes that an appraisal of the property
of Mrs. Arthur Mettey, 1203 Palmer Avenue,
Town, be obtained at a cost not to exceed
the sum of $250.
8. Request of Town Justices for
Paving Parking Area at Courthouse
The Supervisor reviewed a letter received from Judge
Martin E. King on the 29th of June together with a
letter addressed to her by Mrs. Lois Rissler, Court
Clerk, under today's date emphasizing the necessity
for the requested paving of the courthouse parking
area which were herewith ordered received and filed
for the record.
In reply to the Supervisor's question as to financing,
the Comptroller pointed out that the cost of this work
was estimated at $1,000. which could be paid from the
$12,000. Police Station and Courthouse Project Account
B9206.
Thereupon on motion by Councilman Faiola, seconded by
Councilman white, it was unanimously
RESOLVED, that the Superintendent of
Highways be and he hereby is authorized
to proceed with the paving of the parking
area at the Town Courthouse, 1201 Palmer
Avenue, at an estimated cost not to exceed
the sum of $1,000.
9. Reappointment of Liaison to
Family and Youth - Request of Council
Pursuant to the request of Mrs. Elaine Samuels, Chairman
of the Larchmont-Mamaroneck Youth Council under date of
July 28th, 1972 for appointment of a liaison from this
Board to the Committee on Family and Youth for the coming
year, herewith presented and ordered received and filed,
on motion by Councilman Bloom, seconded by Councilman
_ Faiola, it was unanimously
RESOLVED, that Councilman Joseph F.
Vandernoot be and he hereby is re-
appointed as liaison to the Committee
on Family and Youth with this Board's
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sincere appreciation for his past
service and gratitude for his will-
ingness to continue;
and be it further
RESOLVED, that Mrs. Samuels be so
notified.
10. Claim - Knox, Lent & Tucker
Insurance, $50. Deductible
Pursuant to the request of Knox, Lent & Tucker, Town
Insurance Carrier, under date of August 1st, 1972
herewith presented and ordered received and filed, on
motion by Councilman White, seconded by Councilman Bloom,
it was unanimously
RESOLVED, that this Board hereby authorizes
payment of claim of Knox, Lent & Tucker, Inc.
in connection with the settlement of two
property damage claims under Town Policy
#RLU467166 with Royal Indemnity Company,
containing a $50.00 deductible property
damage clause.
11. Approval of 1972 Polling Places
Pursuant to the Town Clerk's request for authorization
of the 1972 Polling Places after he called to the Board's
attention that the location as changed in District 18
could be changed again if a more suitable place was found,
on motion by Councilman Faiola, seconded by Councilman
Bloom, it was unanimously
RESOLVED, that in accordance with the
provisions of Section 66 of the Election Law,
being Chapter 17 of the Consolidated Laws of
the State of New York as amended, the Town
Board of the Town of Mamaroneck hereby desig-
nates a place for each Election District in the
Town, at which a meeting for the registration of
voters, election, and primaries shall be held in
the year following the ensuing first (1st) day of
October as follows :
District No. 1
Mamaroneck Avenue School, Mamaroneck
Avenue, Mamaroneck, New York
District No. 2
Volunteer Firehouse, Mamaroneck Avenue,
Mamaroneck, New York
District No. 3
Mamaro Firehouse, Palmer Avenue, Mamaroneck,
New York
District No. 4
Central School Annex, Boston Post Road,
Mamaroneck, New York
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District No. 5
Westchester Joint Water Works Office,
1625 Mamaroneck Avenue, Mamaroneck,
New York
District No. 6
Chatsworth Avenue School, Forest Park
Avenue, Larchmont, New York
District No. 7
Chatsworth Avenue School, Forest Park
Avenue, Larchmont, New York
District No. 8
St. Augustine's School Gymnasium, Larchmont
Avenue, Larchmont, New York
District No. 9
Chatsworth Avenue School, Forest Park
Avenue,_ Larchmont, New York
District No. 10
Francis Coffin Hun. Bldg. (St. John's Episc.
Church) , Grove Avenue, Larchmont, New York
District No. 11
Chatsworth Garden Apartments, 14 North
Chatsworth Avenue, Larchmont, New York
District No. 12
Murray Avenue School, Daymon Terrace,
Larchmont, New York
District No. 13
Murray Avenue School, Daymon Terrace,
Larchmont, New York
District No. 14
Central School, Palmer Avenue,
Larchmont, New York
District No. 15
School of Sts. John & Paul, Weaver Street,
Larchmont, New York
District No. 16
Mamaroneck High School, House B, Boston Post
Road, Mamaroneck, New York
District No. 17
Central School Annex, Boston Post Road,
Mamaroneck, New York
District No. 18
Town Garage, Maxwell Avenue, Larchmont,
New York
District No. 19
Weaver Street Firehouse, Weaver Street,
Larchmont, New York
District No. 20
School of Sts. John & Paul, Weaver Street
Larchmont, New York
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District No. 21
Murray Avenue School, Daymon Terrace,
Larchmont, New York
District No, 22
Palmer Terrace Apartments, Palmer Court,
Mamaroneck, New York
-- District No. 23
Mamaroneck High School, House B, Boston
Post Road, Mamaroneck, New York
District No. 24
Mamaroneck Avenue School, Mamaroneck Avenue,
Mamaroneck, New York
District No. 25
Montessori School, Lorenzen Street and
Boston Post Road, Larchmont, New York
12. Request for Acceptance of Bond
North Brook Road Subdivision
Pursuant to memorandum addressed to the Board by the
Town Engineer under date of July 20th, 1972 and letter
of A. Poccia & Sons, Inc. , dated August 1st, 1972, here-
with presented and ordered received and filed, on motion
by Councilman Bloom, seconded by Councilman White, it
was unanimously
RESOLVED, that this Board hereby accepts
a certified check in the amount of $8,000.
as bond for the roadway improvements in
the subdivision known as North Brook Road,
said subdivision having been approved by the
Planning Board at a hearing held on Septem-
ber 9th, 1970.
13. Transfer of Funds
(Not on Agenda)
Pursuant to memorandum of the Comptroller under date
of August 2nd, 1972, herewith presented and ordered
received and filed for the record, on motion by Council-
man Faiola, seconded by Councilman Bloom, it was unani-
mously
RESOLVED, that this Board hereby authorizes
the following transfer of funds within the
1972 Budget and Surplus Funds:
From
Water District #1 - Surplus A/C 504 $14,000.00
To
Water District #1 -
Appropriation A/C 607 $14,000.00
(8340.4 - Water District System
Capital Costs - A/C 402)
COMMUNICATIONS
1. Public Service Commission -
Con Edison Hearing
For the Board's information a Notice of a pre-hearing
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conference on Con Edison energy conservation measures
on Monday, September 11th, 1972 was herewith presented
and ordered received and filed.
The Clerk advised the Board that a copy had been for-
warded to the Town Attorney.
2. Safety Report re Central School
The Supervisor informed the Board that she had received
the first Automobile Club report which pertained to
Central School along with a critique of that report from
the Central P.T.A. She suggested that these communica-
tions be referred to the Police Chief and Fire Chief for
their views and comments on the proposed changes and
recommendations as to their implementation, which was
thereupon so directed.
THE SUPERVISOR
The Supervisor then stated that she would like with the
Board's consent to present item #2 under her report at
this time whereupon at her request, the Clerk read into
the record the following letter addressed to her by the
Hon. Edwin G. Michaelian, County Executive, under date
of July 28th, 1972:
"As you know from our meeting of June 28, 1972,
to which all of the town supervisors and village
mayors were invited, the six cities in the County
have proposed the adoption of a 3% County-wide
sales tax and to share 2% of that tax with them
and with the towns. The Chairman of the County
Board of Legislators and I have been advised
that we will be in receipt of a request from the
mayors of the six cities to present an amendment
of the County Sales Tax Law at the Board's meet-
ing on August 7, 1972 that will raise the per-
centage from 1% to 3%, effective December 1, 1972.
Under the Sales Tax Law, the towns and villages
may request that the amount due to them be paid
in cash rather than as a credit against the County
and town taxes. Our Law Department informs me that
in order for the towns and villages to be paid in
cash, it is necessary for them to adopt a resolu-
tion requesting same. A certified copy of such
resolution must be served by registered mail upon
the Commissioner of Finance of the County of West-
chester.
The Law Department further informs me that such a
resolution must be served on the Commissioner of
Finance on or before September 1, 1972, in order
for it to be effective for the following year. We
- have checked with the Department of Audit and
Control of the State of New York, and there is no
way to waive this requirement. The time span be-
tween the adoption of the act raising the sales
tax from 1% to 3% and the date of September 1st
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may be exceedingly short. The Department
of Audit and Control suggests therefor,
that your town board adopt a resolution as
quickly as possible, which in essence states, that
in the event that the County adopts a 3% sales
tax which provides for the distribution to the
towns and villages that your town requests that
the sum due it be paid in cash.
Whether or not you are in favor of a 3% County-
wide sales tax, in order to protect your town,
- may I suggest that your board adopt a resolution
similar to the enclosed sample as quickly as
possible and serve a certified copy of said
resolution upon the Commissioner of Finance
before September 1, 1972 so that in the event
of adoption of the 3% sales tax, you may receive
your share of the 1973 collections in cash.
If you have any questions concerning this matter,
would you please have your Town Attorney get in
touch with the County Attorney at his convenience."
In reference to Mr. Michaelian's letter, Mrs. Helwig
pointed out that if it were the Board's pleasure to adopt
the resolution enclosed therewith tonight, were the
County Board to adopt the 3% sales tax proposed by the
Cities, the Town could receive the revenue raised by the
additional 2% to be applied to the reduction of local
property taxes. She pointed out that we would be pay-
ing 5% in September, the 4% State tax presently in effect
plus the additional 1% tax already adopted by the County,
the revenue from which would be retained in its entirety
by the County to be applied to the reduction of County
taxes.
Were the 3% tax adopted, she said, she personally favored
the return of this cash (although not necessarily in agree-
ment with the formula proposed) since she felt the need
for the provision of funds from some source other than
property taxes was urgent.
Councilman Faiola stated that he certainly agreed with
the need for such relief and he therefor moved adoption
of the resolution as proposed.
Councilman Vandernoot seconded the motion with the state-
ment that this cash, if received, be used solely to re-
duce the local property taxes and Councilman White en-
dorsed Councilman Vandernoot's statement remarking that
it would provide an important alternative to property
taxes; Councilman Bloom added that he thought there was
little choice except to adopt the resolution since even
if the County did not adopt the 3%, which would raise
the sales tax to the statutory 7% limit, the State
might well impose an increase with, in such case, the Town
receiving no benefit whatsoever.
And thereupon the following resolution as moved by
Councilman Faiola and seconded by Councilman Vandernoot,
-- was unanimously adopted and the Clerk directed to forward
a certified copy thereof registered mail to the County
Commissioner of Finance within 48 hours as directed
therein:
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WHEREAS, this Board has been informed by a
communication from Edwin G. Michaelian, County
Executive, that the cities of the County will
request the County Board of Legislators to
adopt an act to increase the County Sales Tax
from 1% to 3% effective December 1, 1972;
and
WHEREAS, the said Tax Law requires that in order
for a town (village) to receive its share in cash,
it must request the same by resolution, a certi-
fied copy of which must be served on the Finance
Officer of the County on or before September 1st
of the year preceeding the year in which the pay-
ment in cash is to be made;
and
WHEREAS, the County Board of Legislators may not
adopt a 3% sales tax until late in August, or
early in September 1972, making it virtually im-
possible to conformm to the Sales Tax Law in order
to receive payment in cash;
NOW, THEREFORE, IT IS
RESOLVED, that if and when the County adopts a 3%
sales tax that the sum due thereunder to the Town
of Mamaroneck be paid in cash during the year 1973
to be used for any town purpose in accordance with
Section 1262-c of the Tax Law of the State of New
York;
and it is further
RESOLVED, that the Clerk of this Board is hereby
authorized and directed to serve a certified copy
of this resolution upon the Commissioner of Finance
of the County of Westchester by registered mail
within forty-eight (48) hours of the adoption of
this resolution.
The Supervisor pointed out that these funds would be shared
by 55 cities and 44 towns and villages in accordance with
the formula proposed and then requested the Clerk to read
into the record item #3 under Communications addressed to
her by Trustee Daniel LaDore under today's date as follows:
"Enclosed please find a copy of our Village's
resolution opposing the proposed sales tax plan
as presented by Westchester's six cities. Hope-
fully, you will agree with the reasons against
such a plan and join us in convincing the County
Board of Legislators to reject it.
As you can see by the estimates as outlined in
the letter from the County Executive's office,
the Cities will benefit and I feel at the ex-
pense of the Towns and Villages. Perhaps you
can communicate this information to your Board
members at your meeting tonight.
Thank you for your consideration."
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sA
During discussion of the foregoing resolutions, that of
the County as well as that of the Village of Port Chester,
Councilman Faiola, for the Board's information, presented
a letter from the Larchmont Chamber of Commerce addressed
to him under date of August 2nd, 1972 which he requested be
read into the record as follows :
"After a poll of the membership of the Chamber of
-- Commerce, we have found that 95% of the total
membership polled were against the proposed addi-
tional 2% county tax.
The Larchmont Chamber of Commerce then would like to
go on record as strongly opposing the additional 2%
county tax the cities of Westchester want to impose
on us."
He also stated that at the Lions Club meeting today hearty
opposition had been expressed to the proposed 3% sales tax
which he had been requested to report at this meeting, and
thereupon the Clerk was directed to address a letter to
Trustee LaDore thanking him for the letter and enclosed
resolution which had been taken under consideration but on
which no action had been taken at this time.
While discussing financial matters the Supervisor stated
that she would like to inform the Board of her appointment
to the State Intergovernmental Fiscal Advisory Board which
had to do with such matters as coordination of state and
local debt and taxing powers, home rule powers, the state
aid system, the role and control of public authorities, joint
inter local cooperation, and the reallocation of the functions
between state and local governments.
She pointed out that she was greatly outnumbered by city rep-
resentatives on this Board and did not know how effective
she might be representing towns but certainly felt it was a
tremendous opportunity. She further stated that she had just
learned that the first meeting would be in Albany on the 7th
of September after which she would report to the Board.
REPORTS
The Town Clerk --
The Clerk presented the following reports which were ordered
received and filed:
Report of the Town Clerk for the month of
July 1972.
Report of the Receiver of Taxes and Assessments
for the month of July 1972.
Report of the Building and Plumbing Inspector for
the month of July 1972.
Report of the Municipal Dog Patrol for the month
of July 1972.
Report of the Westchester Shore Humane Society, Inc. ,
for the month of July 1972.
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Summary of Budget Appropriations and Expenditures
January 1st through March 31st, 1972.
Summary of Budget Appropriations and Expenditures
January 1st through June 30th, 1972.
The Supervisor --
1. Assessor's Report
re: Mr. Charles Kane
The Supervisor advised the Board that she had received a
note from the Assessor reporting that Charles Kane had
completed the course in Real Estate Appraising at New York
University, successfully passing the final examinations
with a high grade.
The Board unanimously commended Mr. Kane and the Assessor,
Mr. Doyle, for his good judgment in recommending that Mr.
Kane take this course and requested that the Supervisor
convey its feelings to both Mr. Kane and Mr. Doyle.
2. County Executive's Letter
re Sales Tax
(Discussed previously)
The Councilmen --
Mr. Faiola --
1. Engineer's Report
re: Firehouse Doors
Mr. Faiola called on the Town Engineer who reported that
the contract for the work on the firehouse doors had been
awarded to the low bidder and would be underway within the
next week.
2. Authorization for Supervisor to
Sign Volunteer Ambulance Corps Agreement
Pursuant to the Supervisor's request, on a motion offered
by Councilman Faiola and seconded by Councilman Vandernoot
it was unanimously
RESOLVED, that the Supervisor be and she hereby is
authorized to sign on behalf of the Town of Mamaroneck
the Agreement between the Town of Mamaroneck and the
Volunteer Ambulance Corps of the Unincorporated Town
and Village of Larchmont.
Dr. Joseph Roth addressed the Board at this time to express
his pleasure in the finalizing of the Agreement, stating
that he hoped the VAC would be good tenants and would provide
good service to the Town. He added that in the very near
future it was hoped that a formal invitation would be issued
to the Board by the Corps to visit the office in the garage
and to attend the "wetting down" ceremonies.
- 20 -
?D�
Mr. Vandernoot --
1. Approval of Appointment
Robert Whitfield - Narcotics Guidance Council
Councilman Vandernoot presented a communication addressed to him
by Janice Towers, Executive Secretary of the Larchmont-Mamaroneck
Narcotics Guidance Council, under date of July 7th, 1972, re-
questing approval of the Council's appointment of Mr. Robert
Whitfield as Project Coordinator and on his motion, seconded by
Councilman White, it was unanimously
RESOLVED, that this Board hereby approves the
Larchmont-Mamaroneck Narcotics Guidance Council's
appointment of Mr. Robert Whitfield as Project
Coordinator.
2. Engagement of Junior Accountant
Pursuant to memorandum addressed to the Board by the Comptroller
under date of August 2nd, 1972, herewith presented and ordered
received and filed for the record, on motion by Councilman Vander-
noot, seconded by Councilman Bloom, it was unanimously
RESOLVED, that Gerald F. Lynch be and he hereby is
appointed as Junior Accountant, to be effective as
of August 4th, 1972 and to be compensated at the
rate of $9,160. per annum, said appointment subject
to a Civil service examination.
Mr. Bloom --
1. Recommendation for
Appointment of U.N. Day Chairman
Pursuant to Councilman Bloom's recommendation for the appoint-
ment of Louis W. Bookheim, Jr. who he attested was particularly
qualified to serve as U.N. Day Chairman for the year 1972, and
on his motion, seconded by Councilman Vandernoot, it was unani-
mously
RESOLVED, that Louis W. Bookheim, Jr. of 25 Hillside
Road, Town, be and he hereby is appointed to serve
as Chairman for U.N. Day, October 24th, 1972, in the
Unincorporated Area of the Town of Mamaroneck;
and be it further
RESOLVED, that Mr. Bookheim, Jr. be so notified with
the Board's gratification and pleasure that he was
willing to serve in this important post.
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 September 6th, 1972.
- 21 -
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
Faiola and on his motion, seconded by Commissioner White, it
was unanimously
RESOLVED, that the following Fire Department claims
be and they hereby are approved and payment thereof
hereby authorized from the Fire Department budget
subject to approval by the Town Comptroller:
American La France $ 132.33
American La France 37.50
R. G. Brewer, Inc. 40.48
Con Edison 5.00
Con Edison 174.43
Dri-Chem Extinguisher Co. 47.05
Excelsior Garage & Machine Works,Inc. 221.17
Excelsior Garage & Machine Works,Inc. 303.07
Exterminating Services Corp. 7.00
Homelite 23.94
Houseyold Kerosene Co. 18.60
Humble Oil & Refining Co. 64.88
New Rochelle Water Co. 90.00
New York Telephone Company 39.95
Elaine Varian 48.10
Westchester Joint Water Works 5,037.50
Total. . . . . . . . . . . . . . . . . . .$ 6,291.00
2. Reports
Commissioner Faiola presented the Fire Reports for the
months of June and July 1972.
The Board expressed its commendation to the Fire Depart-
ment on its handling of the bad fire at 11 Salem Drive
and also the one at 425 Boston Post Road.
3. Other Business
a) Request for Raffle
(Not on Agenda)
Regarding the request for permission to have a raffle presented
at the last meeting, and in accordance with his recommendation
that it be granted since the chances would be sold without
advertising or door-to-door canvass, on his motion, seconded
by Commissioner Vandernoot, it was unanimously
RESOLVED, that this Commission hereby approves
the request of the Paid Firemen's Association
-- for permission to hold a raffle.
22 -
4. Adjournment
There being no further business to come before the meeting,
on motion duly made and seconded, it was declared adjourned
at 9:45 p.m. , to reconvene on September 6th, 1972.
Towg' erk
23 -