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HomeMy WebLinkAbout1970_10_21 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 21st, 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. Widulski - Town Engineer OPENING OF BIDS - Resurfacing Doris Road and Doris Lane The Clerk presented the Affidavit of Publication of the Notice for Bids for the record and opened and read aloud the follow- ing bids reporting receipt of correct bid check or bond and the non-collusive statement signed in each case. Bidder Bid Nigro Bros. , Inc. $11,300.00 Area Paving Corporation 17,000.00 Peckham Materials Corporation 7,692.00 County Asphalt, Inc, 6,770.00 Daniel F. Mac Names 8,500.00 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 Bloom, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit that of County Asphalt, Inc. , in the amount of $6,770. for resurfacing Doris Road and Doris Lane, in accordance with the specifications -- set forth in the Notice for Bids, provided that upon examination by the Engineer, Attorney, Comptroller and Superintendent of Highways, said bid is found to be satisfactory in all respects; - I - 21-1 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. OLD BUSINESS 1. Extension of Temporary Permit Use of New Tennis Courts - Bonnie Briar Pertaining to the request of Bonnie Briar for an extension of its temporary permit for use of new tennis courts as submitted at the last meeting, the Clerk read into the record the report addressed to this Board by the Planning Board under date of October 19th, 1970: "At a regular meeting of the Planning Board held September 14th, 1970, Mr. Edward Roberts and Mr. Mario Cusinti represented the Bonnie Briar Country Club. The Bonnie Briar Country Club proposed to sell a portion of the property adjacent to the tennis courts to Mr. Shuffman, the owner of the adjoining property at 1 Cornell Street. The parcel being sold to Mr. Shuffman contians the swimming pool, pagoda and bath house. The Town Board had given the Bonnie Briar permission to use the tennis courts for sixty (60) days with the condition that the pool be filled in and - the pagoda and bath house be removed. The Club has placed a fence around the swimming pool which the Town Board had also requested. The Bonnie Briar Country Club now requests permission to extend the use of the tennis courts for an additional period of ninety (90) days until the transaction with Mr. Shuffman is completed. After discussion the Planning Board recommended that the Town Board extend the permit to use the tennis courts for a further period of ninety (90) days but that the plan be amended so that the bath house will be set back five (5) feet from the new property line in order to conform with the Town Zoning Ordinance. The Planning Board, also, asked that a new plan be updated to show the as-built conditions as well as the revised property line." Mr. Mario Cusinti, appearing on behalf of the Club, noted that the Club had complied with all of the provisions requested by the Town and accordingly asked that the request for permit extension now be granted. Following some further discussion during which questions were raised regarding the existing bath house structure and access to the courts through the right-of-way, Councilman Faiola observed that since the only matter presently under considera- tion was extension of the temporary permit, it was unnecessary to go into other matters at this time and he therefore moved that the permit be extended for ninety days. Councilman Nagel stated that he was in agreement with Council- man Faiola and therefore seconded the foregoing motion. - 2 - Upon request to the Chair for recognition, Mr. Richard Segalini addressed the Board and again raised questions on whether the Club had conformed with all the conditions re- quired for the original permit as well as those pertaining to the temporary permit and the requested extension, etc. Councilman Bloom once again reviewed the entire history of this matter in some detail and the Supervisor then reissued her former invitation to Mr. Segalini to visit her in her office and go over the subject since he still had questions and it did not seem fair to take any more of the Board's time or of those attending the meeting. She asked Mr. Segalini whether he would come,and upon his reply that he would and his question as to whether he could be given an appointment now,she stated that her secretary would arrange an appoint- ment right after the meeting. The Chair then stated that there was a motion on the floor and inquired the Board's pleasure, whereupon the following resolution was unanimously adopted. RESOLVED, that the Building Inspector be and he hereby is authorized to extend the temporary permit for use of the new tennis courts at Bonnie Briar for a period of ninety days from the date of the expiration of the present permit on November 2nd,or until February 2nd, 1971. 2. Report - Prince Willows Sewer The Clerk read into the record the following report on the Prince Willows Sewer addressed to the Board by the Town Engineer under date of October 21st, 1970: "As of this date, there are twenty-eight homes connected to the new sewer which is 50% of the residences on the gravity line. The Pump Station has been energized and should be completed within the next two weeks. I urge all those who have yet to connect to do so as soon as possible in order that we may resurface the roadways and restore them to a new condition." Councilman Faiola suggested that a follow up notice be sent to those persons who had not as yet connected with the sewer, which the Engineer stated he would do at once and the Super- visor reported to the Board that the restoration of Dr. Zelnick's driveway had been completed as of this date. NEW BUSINESS 1. Authorization for Engagement New Police Patrolman Pursuant to memorandum addressed to the Board by the Comptroller under date of October 20th, 1970, herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously - 3 - RESOLVED, that as recommended by the Police Chief, this Board hereby authorizes that Michael Nardelli and Joseph Passafume be and they hereby are appointed Police Patrolmen of the Town of Mamaroneck effective as of October 22nd, 1970 and to be compensated at the rate of $8,590. each per annum. 2. Recreation Salary Authorizations Pursuant to memorandum of the Superintendent of Recreation under date of October 21st, 1970, herewith presented and ordered received and filed, on motion by Councilman Nagel, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that as recommended by the Recreation Commission, this Board hereby authorizes that the following Recreation personnel be engaged and compensated as set forth below: Effective Name Title Date Salary William Riley Rec. Assistant October 19, 1970 $18, per session William Riley " " October 9, 1970 30. James Codispoti " " October 9, 1970 18. Ralph Bilbao " " October 9, 1970 18. James Renkens " " October 9, 1970 18. Dick Owen " October 9, 1970 18. Tom Authterlonie " October 9, 1970 18. Carolyn Cook " " October 21, 1970 18. Terry Helgren " " October 21, 1970 15. " If 3. Authorization to Advertise for Bids for Renovation of 1201 Palmer Avenue Pursuant to a memorandum addressed to the Board by the Engineer under date of October 21st, 1970, herewith presented and ordered received and filed for the record, on motion by Councilman Vandernoot, seconded by Councilman Bloom, it was unanimously RESOLVED, that in accordance with the law, the Town Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, "The Daily Times", a Notice for Bids, to be returnable November 4th, 1970, and opened and read aloud at a regular meeting of this Board at 8:15 p.m, on that date, for alterations to 1201 Palmer Avenue, in accordance with the specifications set forth in the Notice, provided that the said specifications have been approved by the Town Attorney prior to the publication of the aforesaid Notice for Bids. 4. Authorization for Snow Removal a) State Highways Pursuant to communication of the Westchester County Commissioner of Public Works under date of October 2nd, 1970, and herewith presented and ordered received and filed for the record, on 4 motion by Councilman Faiola, seconded by Councilman Vandernoot, the following resolution was adopted by unanimous vote of the Board, all members thereof being present and voting: 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 removal of snow and ice from the State Highways within the said Town in accordance with the provisions of Sect. 12 of the Highway Law as amended, and under date of August 4th, 1969 extended the said contract for the 1970-1971 season, NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck extend the above-mentioned contract with the County of West- chester for an additional year, and be it further RESOLVED, that a certified copy of this resolution be forwarded to the Westchester County Commissioner of Public Works. b) County Roads Pursuant to communication of the Administrative Assistant of the Westchester County Department of Public Works under date of October 6th, 1970, herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unani- mously RESOLVED, that the Supervisor be and she hereby is authorized to sign the Agreement with the County of Westchester for the removal of snow and ice on County Roads within the unincorporated area of the Town of Mamaroneck, at a flat rate of $300.00 per mile for the 1970-1971 winter season. 5. Authorization Emergency Overtime for Fire Department Pursuant to memorandum of the Comptroller under date of October 19th, 1970, herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously - 5 - RESOLVED, that as approved by the Fire Chief, this Board hereby authorizes payment of Emergency Over- time Compensation to the following Firemen of the Town of Mamaroneck Fire Department for the number of hours set forth for each covering the period from July 31st through October 15th, 1970: Name Hours Lt. N. Soriano 2 Fireman C. Mirande 14 " F. Carpino 62 " S. Garofalo 14 " H. Newman 58 " R. Baron 82 Total 1762 6. Authorization for Water Main Extension - Laurel Avenue Pursuant to memorandum addressed to the Board by the Town Engineer under date of October 19th, 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 this Board hereby authorizes the installation of 360 lineal feet t of 6" cast iron main and one hydrant on Laurel Avenue on property known as Section 1, Block 124, Parcel 234 on the Tax Assessment Map of the Town of Mamaroneck, said main and hydrant to be in- stalled by the applicant Joseph Carducci at no cost to the Town and to be in conformity with Subdivision Map, with the drawings approved by the Planning Board of the Town of Mamaroneck and the requirements of the Westchester Joint Water Works; and be it further RESOLVED, that certified copies of this resolution be forwarded to the applicant, the Town Engineer, and the Westchester Joint Water Works. COMMUNICATIONS 1. Submission by Morris Block, Attorney and 2. Reply by Joseph R. Pisani, Attorney Re application of Adam Libertella for a special permit to construct a wading pool, the Supervisor stated that submissions had been received from Morris Block, Esq. , Attorney for Mr. Joseph Ward and reply thereto from Joseph R. Pisani, Esq. , Attorney for the applicant, under dates of October 16th and 20th respectively, copies of which had been furnished to each member of the Board. She pointed out that since these had been received only the day before and today neither the Board nor the Attorney had had time to study the documents and therefore the submissions were ordered received and filed as part of the record of this meeting with action thereon tabled to the next meeting. - 6 - 3. Letter - Recreation Commission The Supervisor presented and briefly reviewed a letter addressed to her by John Stahr, Chairman of the Recreation Commission under date of October 21st, 1970, a copy of which had been sent to each member of the Board, and which con- gratulated the Board on the improvement already realized at -- Hommocks and the great potential the area now had for conversion of the summer recreation program into a consolidated "day camp type" program at this area, an operation that could be adminis- tered far more economically than the present program conducted in the several schools and at Flint Park. 4. P.S.C. Notices a) Con Edison - Rates and Charges For the Board's information, the Attorney reported receipt of a Public Service Commission Notice of Proceeding on the motion of Con Edison re: rates and charges, advising that pro- posed rates and charges were suspended pending hearing thereon to be held at a time and place hereafter fixed. b) Pony Stages The Attorney reported receipt of a Notice of a petition to P.S.C. by Pony Stages, Inc. , for a certificate of public convenience and necessity for the temporary operation of an omnibus line between the City of Peekskill, Westchester County, and Shea Stadium, which,requiring no action by this Board,was herewith ordered received and filed, c) Penn Central - Delaware & Hudson For the Board's information, the Attorney reported receipt of a Public Service Commission Notice regarding increased passenger fares proposed by Penn Central for the Delaware & Hudson, which required no action on the part of this Board and was accordingly ordered received and filed, 5. Department of Commerce - Dictionary of Indian Terms The Clerk read aloud a notice from the Department of Commerce of the State of New York announcing preparation of a pronouncing dictionary of New York State communities and points of interest, which was herewith ordered received and filed. It was directed that a copy of this communication be forwarded to the Town Historian, Judge Charles M. Baxter, Jr. , for consideration and reply. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered - 7 - A,. e received and filed: Summary of Receipts and Disbursements for the periods from January 1st through August 31st, 1970 and January lst through September 30th, 1970. The Supervisor -- 1. Letter of Resignation - Town Assessor The Clerk read into the record the following letter addressed to the Supervisor by Mr. Thomas J. Mc Evoy, Assessor of the Town of Mamaroneck, under date of October 20th, 1970: "It is with great regret that I must tender my resignation as Assessor after twenty-two years with the Town. After much consideration and with the Town Board's approval, I wish to retire effective January 1, 1971. I am leaving, as you know, with the warmest regard for you, the Town Board and my fellow employees." Mrs. Helwig in commenting on Mr. Mc Evoy's resignation, stated that he had served the Town first as Building and Plumbing Inspector and Assistant Engineer from the time of his appointment to these posts in May of 1948 until his appointment as Deputy Assessor in March of 1950 and as Assessor on January 3rd of 1951. During all of these years, she observed, he had been always tremendously loyal and diligent in the performance of his duties in each of the offices he had filled and would indeed be much missed not only by the Town family but by all who had had the pleasure of knowing him and working with him during the years he had served this community so well as a public official. Following each of the Councilmen's expression of apprecia- tion of Mr. Mc Evoy's services to the Town, on motion by Councilman Nagel, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board with deep regret hereby accepts the resignation of Thomas J. Mc Evoy as Assessor of the Town of Mamaroneck, to be effective as of January 1st, 1971, and expresses for the public record, its appreciation and thanks to him for his loyal and diligent service as a public official of the Town of Mamaroneck for the past twenty-two years. 2. Authorization to Execute Lease Agreement with School District In accordance with the Supervisor's request, the Attorney reported to the Board on the status of the Lease Agreement - 8 - with the School District, advising that certain language inaccuracies and matters raised by the insurance carrier for the Town had been resolved and agreed to, and he therefor recommended that the Supervisor be authorized to execute the Agreement on behalf of the Town upon its submission in corrected and final form. In reply to specific questions by Councilmen Nagel and Bloom, each of the points raised was reviewed and explained in detail by the Attorney, following which on a motion offered by Councilman Bloom and seconded by Councilman Vandernoot, it was unanimously RESOLVED, that authorization is granted for the Supervisor to execute on behalf of the Town of Mamaroneck the Lease Agreement between the School District and said Town in substantially the form submitted herewith provided the changes requested by the Town Attorney are incorporated therein to his satisfaction. 3. Report on Meeting with Chairman of New York State Thruway Authority The Supervisor reported briefly to the Board on the meeting with the Hon. Edwin J. Fehrenbach, Chairman of the New York State Thruway Authority, and other State and Thruway officials, on last Monday, October 19th, before the Tree Planting ceremony at the Mamaroneck Avenue interchange. She was delighted to report, she said, that Mr. Fehrenbach assured her he was well aware of the many complaints about noise and speed in this area and was accordingly planning to step up the enforcement of both the speed limit and noise laws, and further, that he -- said the Thruway Authority would support the Committee's efforts to obtain new noise legislation next year. 4. Aerial Spraying - County Properties Supervisor Helwig reported that the subject of aerial spraying of the County properties had been discussed at the last Water Board meeting and that the Water Board had prepared a resolution opposing the request of Commissioner Pound to do aerial spraying on County Property adjacent to the reservoir. She explained that the Board's concern was that "sevin" was known to have bad affects on water supplies and that therefore the water supply could be affected. Councilman Bloom stated that knowing Commissioner Pound's great expertise in conservation, he would question whether there should be opposition - ow whether spot spraying which was more expensive but would protect the water supply could be used? Councilman Nagel asked whether it was spring or fall spray- ing -- and suggested that more information be obtained prior to taking any action. Mrs. Helwig explained that the question was a budgetary one in the County involving a $50,000, appropriation, but stated that she agreed and would obtain more information as requested. 9 - Not on Agenda 5. Village of Larchmont's "Friendly Suit" The Supervisor called to attention the announcement in this evening's paper that the Village of Larchmont was preparing a "friendly" suit to be brought against the Town to test the constitutionality of General Town taxes, stating that she believed this Board should therefore take official cognizance of the suit. She stated that she was disappointed and chagrined that the actual announcement of the suit had come as a surprise to her and that none were more aware than the members of this Board of the problems of village taxpayers. I believe that the record will show this, she said, for the Town has searched diligently for ways to resolve inequities, often sending its attorney to Albany to obtain legislation to exempt village residents from taxes for projects that did not or would not serve them. She mentioned such legislation as had been obtained for the Town Highway Garage, and only this year, for the ac- quisition of property and construction of a Town Police Station. Councilman Nagel, Councilman from the Village of Mamaroneck, stated that he felt the Town should accept the suit in the spirit in which it was being offered and should cooperate completely with the Village of Larchmont in testing the validity of the Law which required taxing of Village residents. He further observed that he felt the Town had been arbitrary in many instances and cited as one example, the construction of the Weaver Street sidewalk which was of no service to the villages but was nevertheless a General Town charge -- adding that of course he was speaking as a resident of the Village -- of Mamaroneck. Mr. Vandernoot stated that he, as the Councilman from the Village of Larchmont, was shocked that this action should be taken by the Village without any consultation or warning to him, and that it was disgraceful that he had to learn about it for the first time when he read it in this evening's newspaper. Councilman Faiola stated that he concurred with Mr. Vandernoot and was even more dubious as to the "friendly" nature of the suit which came as a surprise when the Town and Village were and had been meeting and working together in efforts such as the Joint Municipal Study. Mrs. Russell, upon recognition by the Chair, inquired whether since it had been decided to have a Joint Municpal Survey, the Village of Larchmont had not joined the Town in studying the possibilities of a joint Assessing Department, Highway Department, etc. , which the Supervisor stated was so -- where- upon Mrs. Russell stated that she hoped the suit would be vigorously defended by the Town. Councilman Bloom stated that what would be - would be, and said that whatever the Board's views on the suit, the issues were so basic to town-village relationships throughout the State that the Town had an obligation to be sure that all legal points on its side were advanced. He said the timing of this suit was unfortunate since it would take up much of the time of both the Town and Village attorneys who were already busy with other matters and the discussion was then concluded upon the - 10 - Supervisor's observation that the suit might serve to clarify the troublesome relationship between town and villages through- out the State. The Councilmen -- - Not on Agenda Mr. Faiola -- 1. Report for Two-part Town Tax Collection Councilman Faiola informed the Board that the Supervisor had received a communication addressed to her by Robert J. Plaut, President of the Larchmont Real Estate Board, under date of October 20th, 1970, stating that at a recent meeting of that Board it was suggested that consider- ation be given to the possibility of two-part payment of the Town taxes. He had further stated, Mr. Faiola recited, that due to in- flation and the rising costs of everything it was becoming increasingly more difficult for homeowners to meet their tax obligations and it would be a step forward to split the Town taxes into two payments, thus affording some relief of the financial pressures on homeowners. Councilman Faiola recommended to the Board that a serious study be made of this request which certainly was a reason- able one and thereupon the Board,being unanimously in agree- ment with this recommendation, directed that the matter be tabled pending further study and that Mr. Plaut be so advised by the Supervisor. Mr. Bloom -- 1. Report - Organization Meeting Environmental Task Force Councilman Bloom spoke of the first meeting of the newly established Environmental Task Force, calling to attention that the meeting had been fully reported in the local press. He, stated that Mr. George Symons had been appointed Temporary Chairman and that the Committee would meet again shortly to get down to the essentials of the job to be done. He then proposed two further recommendations for appointment to the Force, namely Francis P. Coughlan and James M. Morris, and after briefly reviewing their experience and particular qualifications for this assignment, moved their appointment. This motion was seconded by Councilman Nagel and the following resolution accordingly adopted unanimously: -- RESOLVED, that the following persons be and they hereby are appointed to serve as members of the Environmental Task Force of the Town of Mamaroneck: Francis P. Coughlan, 1226 Palmer Avenue, Larchmont James M. Morris, 5 Orsini Drive, Larchmont - 11 - T and be it further RESOLVED, that each of the aforesaid appointees be so notified. The Supervisor pointed out that Dr. Bauman, a medical doctor who was a member of theForce, had stressed the need for someone on this Force who was associated with public health services and also called to attention the fact that Mr. William Ellison was leaving the Force, due to moving out of Town. OTHER BUSINESS 1. Larchmont Railroad Station It was also called to the Board's attention that the Larchmont Station had been nicely painted but that the needed stair tread repairs had not been made and should be before the winter, and Mr. Nagel remarked on the remarkable and surprising curb repair at the Mamaroneck Station. The Supervisor stated she would write or call the needed stair repairs to the attention of the Railroad. 2. Thruway Plantings Mr. Vincent Chiardullo inquired about the Thruway tree plant- ing program and the Supervisor suggested in reply that since they would both be at the Fire Dinner tomorrow evening, she take along the plans and review the entire program with him personally. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:20 p.m., to reconvene on November 4th, 1970. 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 Commissioner Faiola presented for approval and authorization of payment the Fire Department claims, and thereupon on his motion, which was seconded by Commissioner Nagel, it was unanimously RESOLVED, that the following Fire Department claims as audited by the Comptroller and approved by' the Fire Chief are hereby approved, - 12 - and the Supervisor and Comptroller hereby authorized to pay the same out of the Fire Department budget for 1970: American Insurance Association $ 278.25 Atlantic Service Center 94.75 Best Uniform Co. , Inc. 20.24 Best Uniform Co. , Inc. 128.00 R. G. Brewer, Inc. 55.09 Con Edison 116.22 Con Edison 5.00 Excelsior Auto Garage & 81.09 Machine Works, Inc. Exterminating Services Corp. 14.00 Frank's Fuel Service 60.00 The Larchmont Print 32.00 Mc Guire Bros., Inc. 40.00 Mamaroneck Hardware 33.00 Mobil Oil Corp. 142.95 New Rochelle Water Co. 71.25 New York Telephone Co. 21.84 New York Telephone Co. 106.88 New York Telephone Co. 110.52 Walter D. Rickert 95.64 Village Paint Supply 7.80 Westchester Joint Water Works 62.94 Westchester Joint Water Works 3,060.00 Facilities Painting Corp. 4,220.37 Total. . .. . . . .. . .. . . $ 8,857.83 2. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:22 p.m. , to reconvene on November 4th, 1970. m Cl k 13 -