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HomeMy WebLinkAbout1970_09_16 Town Board Minutes Notice of Special Meeting Town Board Town of Mamaroneck , N . Y . Pursuant to Section 62 of the Town Law, I hereby call a special meeting of the Town Board, to be held in the Office of the Supervisor at the Town Offices, 158 West Boston Post Road, Village of Mamaroneck, at 8:00 p. m. on Wednesday, Sep- tember 16th, 1970, to consider the following matters: 1. Award of bids for -- a) Roadway Improvements on Old White Plains Road b) Grassed Recreation Area & Landscaping Hommocks Park - Section II Z. Police Department Emergency Overtime 3. Petitions for correction of errors on 1969 Assessment Roll for collection of 1970 taxes on the following properties: Block 303 - Parcel 377 Block 935 - Parcel 65 Block 949 - Parcel 268 4. Other Business a) Dr. Abby Zelnick - 0ld White Plains Road b) State of New York vs Port Authority and Airlines c) Widening of Weav r Street d) Cancellation of Public Hearing Christine K. Helwig Proposed Local Law No. 4-1970 Supervisor e) Authorization - Application for Recreation State Aid 5. Ad j ourn-nent Dated: September 15th 1 9 7 0 W A I V E R of Notice of Special Meeting of the Town Board Town of Mamaroneck, N. Y. We, the undersigned, hereby waive all notice of the attached Notice of Special Meeting called by the Supervisor on September 16th, 1970, and consent that this meeting shall be held as stated therein. Councilman Councilman Councilman !N Councilman Dated: September 15th 1 9 7 0 MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 16th, 1970, IN THE OFFICE OF THE SUPERVISOR AT THE TOWN OFFICES, 158 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK. CALL TO ORDER The Supervisor called the meeting to order at 8:00 p.m. - in accordance with the Notice of Meeting and Waiver thereof hereto appended for the record. ROLL CALL Present: Supervisor Helwig Councilman Faiola Councilman Nagel Councilman Vandernoot Councilman Bloom Absent: None Also Present: Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Highway Superintendent Mr. Altieri - Comptroller Mr. Widulski - Town Engineer 1. Award of bids for -- a) Roadway Improvements on Old 'White Plains Road Upon presentation of a memorandum dated September 16th, 1970 addressed to the Board by the Attorney, Engineer, Comp- troller, and Superintendent of Highways, reporting that the bids had been reviewed and Felix Contracting Corp, found to be the low bidder, which was herewith ordered received and filed, the Supervisor called to the Board's attention that an award of bid had been deferred at the last meeting since the bids received had been over the budgetary appropri- ation of $13,700. and the Comptroller had been requested to ascertain whether the needed additional funds could be made available from the present budget? Mr. Altieri reported that after study of the Highway budget, he felt the necessary funds could be made available if certain work scheduled for this year were carried over to 1971. Mr. Aitchison, the Highway Superintendent, also pointed out to the Board that certain savings had been realized in this year's paving program and could be diverted for use for funding this project. The Supervisor then stated that she was sure the Board was cognizant of and in accord with the urgent need for this particular improvement, and inquired its pleasure on the question? Whereupon on a motion by Councilman Nagel and seconded by Councilman Faiola, the following resolution was adopted - 1 - 133 by unanimous vote of the Board: RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit that of Felix Contracting Corporation, in the amount of $18,000. for roadway improvements on Old White Plains Road in accordance with the specifications set forth in the Notice for Bids; and be it further RESOLVED, that the Clerk be and he hereby is directed to return the bid checks or bid bonds to all except the successful bidder. b) Grassed Recreation Area & Landscaping Hommocks Park - Section II A memorandum addressed to the Board by the Attorney, Engineer, Comptroller and Superintendent of Recreation under date of September 16th, 1970 reporting that the bidssubmitted for the above-mentioned work had been examined and that Felix Contract- ing Corporation had been found to be the low bidder, together with a memorandum addressed to the Town Board by the Recreation Commission under date of September 11th, 1970 recommending that the hazardous and unsightly condition which exists be eliminated as soon as possible, were presented and herewith ordered received and filed for the record. The Supervisor stated that here again this matter needed to be looked at from the financial aspect and accordingly, Mr. Altieri had been requested to determine whether it would be possible to undertake this project under the present budgetary appropri- ations. He advised that he felt the only way the work could be undertaken at this time would be to carry over certain expendi- tures to 1971 and 1972. In view of the large amount of money involved and the possibility of some changes developing, Councilman Faiola asked whether there was any particular reason why the work could not be held off,to which the Supervisor replied that certain factors such as the loss of a year's time in planting, compliance with the County Health Department's mandate for coverage of the abandoned dump site, and the fact that past experience indicated that it was not very economical to do this kind of work on a piece-meal basis would certainly be involved in any postponement. She also alluded to one additional factor - the school's request for permission to use a certain portion of the area for a play field, pointing out that certainly the area referred to would have to be very carefully fenced in order to meet require- ments necessary to afford the Town proper insurance protection. Councilman Faiola advised the Board that he had visited the Hommocks and taken a very careful look at the area and that it had seemed to him the only thing that was pressing at this time was that it be levelled and covered. He said he felt the bids were high because the contractors were busy now and wondered whether it might not be possible to obtain lower bids were the work to be put off. --- Councilman Nagel said that he agreed with Councilman Faiola inasmuch as he, too, had inspected the area Sunday with a friend of his who was in the construction business, and both 2 - of them had felt that the bids seemed very high and that it was most unfortunate that only two bids had been submitted. In reply to Councilman Vandernoot's question as to how the Town could go about getting additional bids, the procedure of advertising for bids and notifying the contractors was reviewed in detail. The Supervisor then asked Councilman Faiola what he meant when he said "changes"? Mr. Faiola replied that he felt the leveling and covering needed to be done now but that he believed it would be remembered that the Village of Larchmont had had no interest in tying in with the area and that the material from the Lake which was being stock-piled would have to be spread anyway so it seemed to him that the grassing and improvements could be held over and a contract rebid for only grading and coverage. Councilman Bloom pointed out that the tendency seemed to be for prices to go up rather than down and alluded to past history in rebidding when second bids had not been cheaper than first. At Councilman Vandernoot's request, the total $86,500, bid for improvement of the approximately eight acres was itemized pursuant to the memorandum of the Town Engineer addressed to the Supervisor under date of September 9th, 1970, and herewith ordered received and filed as part of the record of this meet- ing. Councilman Faiola then asked whether he was correct in under- standing that the building of the comfort station and storage house was not included in these specs, and upon being answered affirmatively, he pointed out that there would then be no place to keep the equipment necessary for maintenance of the --- area which would certainly increase all such costs considerably. With respect to maintenance, Mr. Widulski reminded the Board that the specifications required maintenance by the contractor until July of 1971. The Supervisor then asked whether the Town could award a contract for just grading at $42,500. under the present specs, to which the Attorney replied that it could not and that it would have to rebid for just the grading since the present specs on which these bids had been submitted contained no provisions for the elimination of any items. Mrs. Helwig then asked Councilman Nagel whether his suggestion was that the Town rebid just for grading? Councilman Nagel replied that he thought this should be seriously considered and said that in addition he would like to ask the Highway Superintendent whether the Town could do the work itself if it rented the necessary large equipment? Mr. Aitchison noted that the Town would have to rent operators as well as equipment since it had no personnel qualified to operate heavy machinery, and Mr. Widulski called to attention the fact that if machines and operators were hired on a day-to- day basis, it would be essential for the Town to have someone constantly supervise and push the crews along. The Supervisor then questioned the Board as to its pleasure, and thereupon after some further discussion and weighing of the advantages and disadvantages of awarding the bid at this - 3 - time, on a motion made by Councilman Faiola and seconded by Councilman Nagel, the following resolution was offered, which was adopted by a majority vote of four "ayes" to one "no", Councilman Nagel casting the no ballot and stating, "I feel this is a bad deal, bad planning and bad administration and in good conscience and fairness to the taxpayers, I cannot vote yes." RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit that of Felix Contract- __ ing Corporation, in the amount of $86,500. for grassed recreation area and landscaping Hommocks Park - Section II, in accordance with the speci- fications set forth in the Notice for Bids; and be it further RESOLVED, the Clerk be and he hereby is directed to return the bid checks or bid bonds to all except the successful bidder. 2. Police Department Emergency Overtime Pursuant to memorandum of the Comptroller under date of September 14th, 1970, herewith presented and ordered received and filed for the record, on motion by Councilman Bloom, seconded by Councilman Vandernoot, 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 through August 31st, 1970. Name Hours Min Lt. Staropoli 6 Sgt. Federice 17 it McClintock 4 - Det. Mahoney 38 30 if Mulcahy 26 It Paonessa 11 Ptl. Agnessanto 1 45 " Adamo 5 " Anderson 8 " Barasch 12 30 " Baumblatt 30 n Coy 8 " Catapano 17 30 " Diamond 15 " DeVico 10 30 " Fuller 45 " Gerace 30 " Gerardi 1 " Garrison 45 " Greenstein 4 " LeViness 2 30 " Mosiello 15 " Perritano 38 30 Total 229 30 4 - 3. Petitions for Correction of Errors on 1969 Assessment Roll for Collection of 1970 Taxes on the Following Properties: Block 303 - Parcel 377 Block 935 - Parcel 65 Block 949 - Parcel 268 The Supervisor presented the Assessor's petitions of September 15th, 1970 requesting correction of the 1969 assessment roll inquiring the Board's pleasure thereon. Whereupon on motion by Councilman Vandernoot, seconded by — Councilman Nagel, it was unanimously RESOLVED, that pursuant to Subdivision #1 Section 557 of the Westchester County Admin- istrative Code, this Board hereby authorizes that the Assessment Roll of the Town of Mamaroneck for the year 1969-1970 be corrected as follows : From -- Block Parcel Land IMP. Total 303 377 $ 6,300 $24,900 $ 31,200 935 65 4,600 34,200 38,800 949 268 10,100 21,500 31,600 To -- Block Parcel Land Imo. Total 303 377 $ 6,300 $ 23,400 $ 29,700 935 65 4,600 28,200 32,800 949 268 10,100 18,500 28,600 and be it further RESOLVED, that upon application to the Town of Mamaroneck, the Supervisor and Comptroller be and they hereby are authorized and directed to refund to the owners of the aforementioned parcels on the 1969 Assessment Roll of the Town of Mamaroneck, any and all overages paid to the Town of Mamaroneck on the 1970 Town, State, County and Special District taxes due to this over assessment. 4. Other Business a) Dr. Abby Zelnick - Old White Plains Road At the Supervisor's invitation, Dr. Zelnick addressed the Board complaining of the condition of the portion of his driveway running from Old White Plains Road into his property and owned by the town which had been torn up now for more than three years for the construction of the Prince Willows sewer. He stated that during all of this time he had been bothered by dynamiting, inaccessibility, and danger, and claimed that he firmly believed he was entitled to .a temporary or permanent blacktopping of that portion of his driveway so affected. Mr. Widulski, the Town Engineer, to whom the Supervisor referred this complaint, assured Dr. Zelnick that the sewer installation had been completed and that this part of his driveway would be blacktopped within the next two weeks. He further assured Dr. Zelnick that the front edge of his property running along Old White Plains Road would be further improved as a result of the highway work to be done on Old White Plains Road the bid for which had been approved by the Board this - 5 - evening. b) State of New York versus Port Authority and Airlines Suit In reply to Councilman Nagel's question to the Attorney as to how much time would be involved were the Town to join in or become a part of the foregoing action, Mr. Johnston replied that it was not possible to give any accurate estimate, but that he felt it would be considerable since the airlines most certainly would prolong this type of suit as long as possible, probably for years. In view of this information, Mr. Nagel recommended that this matter be given publicity but that the Town not take any action which would involve the Attorney at least for the present. c) Widening of Weaver Street In response to the Supervisor's request that the Board authorize the Westchester Joint Water Works to move the fire hydrant located in that portion of Weaver Street to be widened by the State back to the wall at a cost of $150. , the Board by common consent so directed. d) Cancellation of Public Hearing on Proposed Local Law No. 4-1970 Following some questioning and discussion by the members of the Board and the Town Attorney concerning the proposed Local Law No. 4 of 1970, on which a public hearing had been authorized at the August 5th, 1970 meeting for October 7th, 1970, it was on motion by Councilman Nagel, seconded by Councilman Faiola, unanimously RESOLVED, that the resolution adopted by this Board at its regular meeting on August 5th, 1970, and reading as follows: "RESOLVED, that this Board will hold a public hearing to consider the adoption of Local Law No. 4 of the Town of Mamaroneck for the year 1970, at a regular meeting of the Board, Wednesday evening, October 7th, 1970, at 8:15 p.m. , in the Council Room or Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck; and be it further RESOLVED, that the Clerk be and he hereby is authorized to publish in the official news- ' paper of the Town of Mamaroneck, "The Daily Times", Notice of such hearing as required by law." be and it hereby is rescinded. e) Authorization - Application for Recreation State Aid Pursuant to the request of the Recreation Commission and Superintendent, on motion by Councilman Faiola, seconded by - 6 - r Councilman Nagel, it was unanimously RESOLVED, that this Board hereby authorizes the Supervisor to execute the Recreation Project Application to the New York State Youth Commission requesting State Aid in the amount of $4,028.00 for the period from June 1st, 1970 to May 31st, 1971. 5. 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. il'I�WhGW n Cle _ 7 _