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HomeMy WebLinkAbout1970_12_02 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD DECEMBER 2nd, 1970, 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 Nagel Councilman Vandernoot Councilman Bloom Absent: None Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Highway Superintendent Mr. Altieri - Comptroller Mr. Kronenberger - Recreation Superintendent Mr. Widulski - Town Engineer APPROVAL OF MINUTES The minutes of the special meeting of November 12th and the regular meeting of November 18th, 1970 were presented, and on motion duly made and seconded, approved as submitted. ADOPTION OF BOND RESOLUTION CENTRAL SCHOOL - $55,000. Pursuant to memorandum addressed to the Board by the Comptroller under date of December 2nd, 1970, on motion by Councilman Nagel, seconded by Councilman Vandernoot, the following resolution was offered: BOND RESOLUTION DATED DECEMBER 2nd, 1970 A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF A PORTION OF A BUILDING FOR TOWN OFFICE PURPOSES LEASED BY THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $55,000. , AND AUTHORIZING THE ISSUANCE OF $55,000. SERIAL BONDS OF SAID TOWN TO PAY PART OF THE COST THEREOF. WHEREAS, the Town of Mamaroneck, Westchester County, New York, and Union Free School District No. 1 of the Town - 1 - of Mamaroneck, New York, have, through their respective governing bodies, entered into a lease wherein and whereby said Town shall have the use of a portion of the Central Annex Building owned by said School District and located at 740 West Boston Post Road in said Town, for Town purposes; and WHEREAS, it is necessary to reconstruct such portion of said building in order to adapt the same for Town office purposes; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The reconstruction of that portion of the Central Annex Building owned by Union Free School District No. 1 of the Town of Mamaroneck, Westchester County, New York, located at 740 West Boston Post Road in the Town of Mamaroneck, New York, and leased to said Town for use as Town offices, including orig- inal furnishings, equipment, machinery and apparatus required for the purposes for which such portion of said building is to be used, is hereby authorized at a maximum estimated cost of $55,000. Section 2. The plan for the financing of such maximum estimated cost is by the issuancec,of $55,000. serial bonds of said Town, hereby authorized to be issued therefor pursuant to the Local Finance Law. It is hereby determined that no down payment is required pursuant to the provisions of Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the afore- said building shall be of class "B" construction, as defined in subdivision 11(b) of paragraph a of Section 11.00 of the Local Finance Law, so that pursuant to subdivision 12(a) (2) of paragraph a of said Section 11.00 the period of probable usefulness of such specific object or purpose is fifteen years. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. 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 bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such - 2 - notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds may be contested only if: 1) Such bonds are authorized for an object or purpose for which said Town is not authorized to expend money, or. 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Daily Times, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law, The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Faiola Voting Aye Councilman Nagel Voting Aye Councilman Vandernoot Voting Aye Councilman Bloom Voting Aye Supervisor Helwig Voting Aye The resolution was thereupon declared duly adopted. OPENING OF BIDS 1. Carpeting The Clerk presented the Affidavit of Publication of the Notice for Bids for the record and opened and read aloud the following bids reporting receipt of the signed non- collusive statement in each case. Bidder Bid Saxon Floor Fashions, Ltd. $ 6,320,00 - Floors Elegante 5,962.50 Mill Floor Covering, Inc. 5,600,00 Kaufman Carpet Contract Div. , Inc. 7,200.00 Westchester Floor Craftsmen, Inc. 6,430.00 3 - In the interest of time Councilman Faiola recommended that the usual procedure in the award of bids be followed and thereupon on his motion, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby authorizes that, following examination and review of the bids herewith submitted for furnishing carpet for the new offices at Central School by Messrs. Johnston, Altieri, Kronenberger and Bufi, the contract be awarded to the lowest bidder conforming with the specifications set forth in the Notice for said bids. 2. Office Furniture The Clerk presented the Affidavit of Publication of the Notice for Bids for the record and opened and read aloud the following bids reporting receipt of the signed non- collusive statement in each case. Bidder Bid Office Essentials, Inc. $ 6,733.25 Westchester Office Supply Co. , Inc. 7,619.00 Bell Yorktown, Inc. 4,920.00 In the interest of time Councilman Faiola recommended that the usual procedure in the award of bids be followed and thereupon on his motion, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby authorizes that following examination and review of the bids herewith submitted for various office furnishings for the new offices at Central School by Messrs. Johnston, Altieri, Kronenberger and Bufi, the contract be awarded to the lowest bidder con- forming with the specifications set forth in the Notice for said bids. 3. Renovation of Court House The Clerk presented the Affidavit of Publication of the Notice for Bids for the record and opened and read aloud the following bids reporting receipt of bid checks and signed non-collusive statement in each case. Bidder Bid Romani & Picco, Inc. $ 19,200.00 Reno General Construction Corp. 16,719.00 A. Poccia & Sons 13,990.00 On motion by Councilman Faiola, seconded by Councilman -- Nagel, it was unanimously RESOLVED, that the foregoing bids be referred to the Town Justices, Town Attorney, Engineer and Comptroller for study and recommendation to this Board at the special meeting on December 9th, 1970. 4 - THE SUPERVISOR 1. Introduction of Michael Erdman G.A. Representative At this time with the Board's consent, the Supervisor introduced Michael Erdman, recently elected G. A. representa- tive to the Town Board meetings, welcoming him on behalf of the Board, expressing the hope that he would attend all meetings and offer any suggestions he might care to make at any time he might wish to do so. 2. Manes' Property (Not on Agenda) Mrs. Helwig then welcomed Albert J. Gaynor, who, she said, certainly needed no introduction in this community, stat- ing that she understood he was here this evening as rep- resentative for his client, Mr. Mathew Manes of 43 Bonnie Briar Lane. Mr. Gaynor thanked Mrs. Helwig, saying that although he believed he was known to everyone, for the record he would state his name and business - Albert J. Gaynor, Attorney representing Mr. Mathew Manes of 43 Bonnie Briar Lane. Mr. Manes, he said, was present and would speak for himself. Mr. Manes first introduced Mr. Marvin Spector, Engineer he had engaged to ascertain the cause of the eighteen-month-old seepage condition in the rear yard of his property. He then stated that he had been a resident and lived in his home for over twenty years and that this was the first time he had ever appeared before the Town Board. He then reviewed in detail and at length the condition of which he complained alleging that the water damage to his property (making his back yard unusable and causing the destruction of many expensive trees and shrubberies) was due, in his opinion, to the fill covering a pipe which had been installed across the brook, thus creating a dam and preventing the natural drainage into the brook. The Town Engineer, at the Supervisor's request, advised that the investigation now being conducted by the Westchester Joint Water Works and himself to determine the cause and source of the condition in Mr. Manes' back yard had disclosed a leak in the upper driveway area of the Manes ' property which might well be the source of the seepage onto the lower back yard level of his property. He further pointed out that samples of the accumulated water on the low point of the Manes' property indicated that the said water came from a public water source rather than from the brook or natural drainage. Mr. Widulski also said that it was very possible that repair of this leak which the Water Company would do immediately would correct the seepage condition presently obtaining. Mr. Spector, Mr. Manes' Engineer, then addressed the Board, reciting at some length his findings as set forth in his report to Mr. Manes, and emphasizing that in his opinion, the pipe and fill would have to be removed in order to effect correction of the water-soaked area on Mr. Manes' property. 5 - THE SUPERVISOR 1. Introduction of Michael Erdman G.A. Representative At this time with the Board's consent, the Supervisor introduced Michael Erdman, recently elected G. A. representa- tive to the Town Board meetings, welcoming him on behalf of the Board, expressing the hope that he would attend all meetings and offer any suggestions he might care to make at any time he might wish to do so. 2. Manes ' Property (Not on Agenda) Mrs. Helwig then welcomed Albert J. Gaynor, who, she said, certainly needed no introduction in this community, stat- ing that she understood he was here this evening as rep- resentative for his client, Mr. Mathew Manes of 43 Bonnie Briar Lane. Mr. Gaynor thanked Mrs. Helwig, saying that although he believed he was known to everyone, for the record he would state his name and business - Albert J. Gaynor, Attorney representing Mr. Mathew Manes of 43 Bonnie Briar Lane. Mr. Manes, he said, was present and would speak for himself. Mr. Manes first introduced Mr. Marvin Spector, Engineer he had engaged to ascertain the cause of the eighteen-month-old seepage condition in the rear yard of his property. He then stated that he had been a resident and lived in his home for over twenty years and that this was the first time he had ever appeared before the Town Board. He then reviewed in detail and at length the condition of which he complained alleging that the water damage to his property (making his back yard unusable and causing the destruction of many expensive trees and shrubberies) was due, in his opinion, to the fill covering a pipe which had been installed across the brook, thus creating a dam and preventing the natural drainage into the brook. The Town Engineer, at the Supervisor's request, advised that the investigation now being conducted by the Westchester Joint Water Works and himself to determine the cause and source of the condition in Mr. Manes' back yard had disclosed a leak in the upper driveway area of the Manes ' property which might well be the source of the seepage onto the lower back yard level of his property. He further pointed out that samples of the accumulated water on the low point of the Manes ' property indicated that the said water came from a public water source rather than from the brook or natural drainage. Mr. Widulski also said that it was very possible that repair of this leak which the Water Company would do immediately would correct the seepage condition presently obtaining. Mr. Spector, Mr. Manes ' Engineer, then addressed the Board, reciting at some length his findings as set forth in his report to Mr. Manes, and emphasizing that in his opinion, the pipe and fill would have to be removed in order to effect correction of the water-soaked area on Mr. Manes' property. 5 - Mr. Gaynor then called to the Board's attention that the Westchester County Health Department Report had stated that Mr. Manes' septic system would fail if the present condition were not alleviated, and once again he stated that, in his opinion, this alleviation was definitely the responsibility of the Town. Councilman Bloom, in view of the apparent lack of proof as to the source of the difficulty, asked whether it would not be wise to wait until the leak had been corrected and see what happened? Mr. Gaynor answered - "no" - adding that it was the Town's obligation to immediately remove the pipe which had been installed in violation of Section 194 of the Westchester County Administrative Code to begin with -- pointing out that incidentally this Code carried a fine of $100. a day for each day of violation. Therefore, he continued, since the primary cause of the condition obtaining on his client's property appeared to be due to the installation of pipe and fill and the resultant damming of the brook, he felt that based on all of these contentions, this Board should adopt a resolution at once to remove this con- dition. Councilman Faiola stated that he agreed that immediate steps should be taken by the Town to remove the condition before Mr. Manes ' back yard was further destroyed, and accordingly moved that the Town go in and remove the pipe immediately. The foregoing motion was seconded by Councilman Nagel. In the ensuing discussion on the motion, Mr. Widulski, upon question as to his opinion, stated that he agreed with Mr. Bloom that the cause should be definitely determined prior to any action being taken since the responsibility for the removal of the pipe and fill might be that of the neighbors, Mr. Rosenberg and Mr. Myers, rather than of the Town. Councilman Vandernoot inquired whether the question of fixing this responsibility should not be determined prior to the Town's taking any action -- and the Supervisor, ad- dressing Mr. Spector, said she would like to have his assurance that removal of the pipe would effect the relief sought. Mr. Spector, in reply, said he could not say that the pipe's removal would cure all of the damage which had been caused to this area and which had existed over a very long period of time - but that he was willing to say that certainly he thought it would help. And thereupon, since upon'', the Chair's inquiry there were no further questions and the Board signified that it was ready for the question, it was unanimously RESOLVED, that this Board hereby authorizes that such measures be taken as may be determined necessary to correct the water condition presently obtaining on the property of Mr. Mathew Manes located at 43 Bonnie Briar Road, Town. - 6 - : NEW BUSINESS 1. Approval Police Expenditure Pursuant to memorandum of the Police Commission under date of November 23rd, 1970, herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that as approved by the Board of Police Commissioners, this Board hereby authorizes the attendance of Sergeant Robert Barasch and Patrol- man Ralph Perritano (Acting Detective) to the Federal Bureau of Narcotics and Dangerous Drugs Training School to be held in Bergen County Police Academy from November 30th, 1970 through December 11th, 1970, '',with an appropriation of $2.50 per man for meals. 2. Proposed Renumberingi- Laurel Avenue and Winthrop Avenue The Supervisor explained the proposed renumbering on Laurel Avenue and Winthrop Avenue and assured Mr. Claps and Mr. Ciardullo that the letters written by the Engineer regarding the Laurel Aveue renumbering would be withdrawn, and that the regular procedure would be followed in each instance. She reviewed this procedure in detail, stating that renumbering could be done only by resolution of this Board and that the Board always afforded from four to eight weeks time with notification to those concerned prior to acting on such iroposals. COMMUNICATIONS 1. Letter Conservation Advisory Committee Re: Spraying Pursuant to the request of the Conservation Advisory Com- mittee that the Town oppose the use of Sevin in the proposed County Spraying Program of County Parks as stated in a letter addressed to the Boards of both Villages and the Town by the Conservation Advisory Committee under date of November 30th, 1970, n motion by Councilman Nagel, seconded by Councilman FBaiola, it was unanimously RESOLVED, that this Board pursuant to the recommenda- tions of the Town of Mamaroneck Conservation Advis- ory Committee, oppos s the Westchester County Department of Parks, Recreation and Conservation's proposed Aerial Spraying Program of the County Parks within the boundaries of the Town of Mamar neck; and be it further RESOLVED, that a copl of this resolution be -- forwarded to the Honorable Charles E. Pound, Westchester County Commissioner of the Depart- ment of Parks, Recreation and Conservation. 2. Letter State of New York - Establishment of Parking Prohibitions on Weaver Street For informational purpos s, a copy of the State of New 7 - York Department of Transportation Order, dated November 2nd, 1970, establishing parki g prohibitions on Route 125 in the Town of Mamaroneck as se: forth therein, copy of which had been forwarded to the Ch of of Police, was hereby presented and ordered received and filed. Councilman Faiola stated that he would like to see a copy and would like to protest this action in view of the State's neglect to complete the widening of this road. 3. Public Notices from own of Harrison a) Amendment of Zon ng ordinance Pursuant to the Attorney s advice that this notice was for informational purpos s only and that no action was required by the Town, th notice was herewith ordered received and filed. b) Special Permit t Con Edison Pursuant to the Attorney' s advice that this notice was for informational purposes only and required no action by the Town, it was herewith ordered received and filed. 4. P.S.C. Petition Orie to Bus Lines The Attorney and Clerk reported that this petition had been previously filed an that additional necessary in- formation had at that time been requested from Mr. Leshin the Attorney for Orienta Bus Lines, Inc. , which to date had not been received. The Board therefore directed the Attorney to write to both Mr. Leshin and to the Public Service Commission in a further effort to obtain the needed information. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered received and filed. Report of the Receiver of Taxes and Assessments for the month of Nove ber 1970. Summary of Receipts and Disbursements for the period from January 1st through October 31st, 1970. Report of the Larchmo t-Mamaroneck Committee on Family and Youth for the period March 21st, 1968 to March 31st, 1970. The Supervisor -- 1. December 16th Meeting The Supervisor stated that since a public hearing on the adoption of the 1971 budget would be held on Wednesday - 8 - evening, December 9th, she did not believe that the regular meeting needed to be hel on the following Wednesday, De- cember 16th unless some member of the Board so desired. And thereupon since there did not seem to be any need for the December 16th regular meeting, it was unanimously ordered that it be cancelled. 2. Letter - N.Y.S. Department of Transportation Re Widening Weaver Street The Supervisor informed the Board of her receipt of a letter from the State Department of Transportation regarding the widening of the curve on Weaver Street. She stated that the letter had explained that due to circumstances beyond control the work could not be completed until the Spring. After some discussion it was suggested that the Town write to Mr. H. H. Stolte of the New York State Department of Trans- portation requesting that the work be continued and that copies of this letter be forwarded to Assemblyman Pisani and Senator Gioffre with the request that they use their good offices to expedite the completion of this work. Not on Agenda Letter from Mr. Elihu H. Joyner The Supervisor advised the Board of the receipt of a letter addressed to her on November 25th by Mr. Elihu H. Joyner of 46 Lansdowne Drive, thanking the Board for its prompt at- tention to the request for improved street lighting on Lansdowne Drive as had been requested in a petition on October 31st, 1970. Not on Agenda Mr. Faiola -- 1. Lighting in Parking lot No. 1 Councilman Faiola observed that the lower lot was well illum- inated and in view of the existing vandalism, requested that Parking Lot No. 1 be lighted. Mr. Widulski advised the Board that the lights had been delivered and were in the Town yard awaiting installation. The Supervisor stated that she would contact both the Police Chief and the Highway Su erintendent in an effort to arrange for the prompt installation of this lighting. 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. 9 _ BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was con- vened immediately upon the adjournment of the Town Board meeting. COMMUNICATIONS a) Election of Officers Pursuant to letter addressed to the Board of Fire Commissioners by the Fire Department under date of December 2nd, 1970, on motion by Commissioner F iola, seconded by Commissioner Nagel, it was unanimously RESOLVED, that this Commission hereby approves the election of the following members of the Town of Mamaroneck Fire Department to the follow- ing offices for the year 1971: Engine Company #1 Leonard Zaccagnino, Captain Robert H. Holst, First Lieutenant Richard B. Shaw, Second Lieutenant Richard J. Tortorell , Warden for Two Years Peter R. Perciasepe, Jr. ,Secretary Joseph L. Torre, Sergeant-at-Arms Engine Company #2 __. Carl J. Carpino, Jr. , Captain George E. Mills 3rd, First Lieutenant Louis M. Garofalo, J ., Second Lieutenant Anthony N. Librandi, Warden for Two Years Edward F. Ingram, Secretary Dominick L. Ianello, Sergeant-at-Arms Truck Company #1 G. William Capodanno, Captain Harald P. Bauer, First Lieutenant Gordon H. Albert, Se and Lieutenant Frank Claps, Warden for Two Years Augustus R. Funck, Secretary Charles Conte, Sergeant-at-Arms Patrol Company #1 Thomas F. Dunn, Captain Gaetano A. Guarino, First Lieutenant Nicholas F. Mazzeo, Second Lieutenant Daniel Colombo, Warden for Two Years Arthur M. Brown, Secretary - Thomas J. Fiancella, Sergeant-at-Arms The Chief addressed the Commission to express on behalf of himself and his men thei thanks for the Commission's co- - 10 - A operation and assistancejalways extended during his tenure of office, ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:50 p.m. i Town ,0 erk - 11 -