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HomeMy WebLinkAbout1969_04_28 Town Board Minutes NOTICE OF SPECIAL MEETING TOWN BOARD TOWN OF MAMARONECK , NEW YORK 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 7:45 p. m. on Monday, April the 28th, 1969, to consider: 1. Premium River Z. Execution of State Permit - for Caution Light Installation 3. Resignation - Councilman Nagel Joint Disposal Commission 4. Appointment - Councilman Faiola Joint Disposal Commission 5. Appointment - Councilman Vandernoot Liaison to Youth Council and such other business as may come before the Board. Christine K. Helwig Supervisor April the 28th 1 9 6 9 WAIVER OF NOTICE OF SPECIAL MEETING of the TOWN BOARD TOWN OF MAMARONECK We, the undersigned, hereby waive all notice of the attached Notice of Special Meeting called by the Supervisor on April 28th, 1969, and consent that this meeting shall be held as therein stated. r Councilman Councilman 7 i Councilman Councilman Dated: April the 28th 1 9 6 9 MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 28th, 1969, IN THE OFFICE OF THE SUPERVISOR, TOWN OFFICES, 158 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK. CALL TO ORDER The Supervisor called the meeting to order at 7:45 p. m, in — accordance with the Notice of Meeting and Waiver thereof hereto appended for the record. ROLL CALL Present: Supervisor Helwig Councilman Chalif Councilman Faiola Councilman Nagel Councilman Vandernoot Absent: None Also Present: Mr. Gronberg - Town Clerk Mr. Meighan. - Assistant Town Attorney Mrs. Brewer - Deputy Clerk Mr. Altieri - Comptroller SUPERVISOR HELWIG The Supervisor stated that the meeting had been called so that consideration could be given to the matters set forth on the Notice of Meeting and proceeded with the first item of business . 1, Premium River The Supervisor outlined the procedures involved in the pro- posed acquisition and improvement of the property located in the Dillon Park area for recreation and related purposes, presenting for the Board's information, an extract from the minutes of a meeting of the Recreation Commission of April 10th, 1969, which read as follows: "Mr. Kronenberger advised the Commission that the Supervisor was desirous of proceeding with the ac- quisition of property in the Dillon Park area for rec- reation and related purposes. He referred to the previous memoranda addressed to the Town Board under date of March 29th, 1968 by this Commission and the Conservation Advisory Committee, stating that the Supervisor now requested the adoption of a formal resolution recommending the acquisition, improvement and embellishment of the following areas: six parcels of property consisting of ap- proximately 6 acres of land located generally -1- X f9 �Jv south of Dean Place and Oak Avenue, north of Pryer Manor Road and west of Premium River Mill Pond, specifically consisting of the following parcels: _Parcel No. 1 - Block 506, Parcel 487 on the Tax Map - . 023 acre; Parcel No. 2 - Block 505, Parcel 218 on the Tax Map - . 30 acre; Parcels Nos. 3, 4, 5, 6 - Block 506, Parcel 320 on the Tax Map - 1. 19 acres; Block 506, Parcel 460 on the Tax Map - 0. 25 acres; Block 505, Parcel 229 on the Tax Map - 4. 11 acres; Block 504, Parcel 480 on the Tax Map - 0. 257 acres; -These six parcels consisting of approximately 6 acres are to be used and improved together with three parcels already owned by the Town of Mamaroneck consisting of approximately 5 additional acres. The Town Board will finance the acquisition and improvement of the property by a bond of approximately $80, 000. And thereupon, on motion by Mr. Warner, seconded by Mr. Blossy, the following resolution was adopted unan- imously RESOLVED, that this Commission recommends for approval, the acquisition of approximately 6 acres of property in the Dillon Park area for recreation and related purposes and the neces- sary and appropriate improvement and embel- lishment of the property for such purposes and requests the Town Board to proceed with all necessary steps for the financing of the pro- posed acquisition and improvement of the property for recreation and related purposes. The Supervisor then explained that pursuant to the foregoing resolution, it was now necessary for this Board to adopt a resolution authorizing the acquisition, improvement and em- bellishment of the property and the financing therefor by a bond issue if this were the pleasure of the Board. Whereupon, following a question by Councilman Faiola as to whether the bond must include the improvement and embel- lishment as well as the acquisition costs - which was ans- wered in the affirmative, on a motion by Councilman Van- dernoot, seconded by Councilman Nagel, the following reso- lution was offered: RESOLVED, that this Board acquire for recrea- tion and related purposes approximately 6 acres of property in the area located generally south of Dean Place and Oak Avenue, north of Pryer Manor Road and west of Premium River Mill —2- Pond, and consisting of six (6) parcels to be used together with other property now owned by the Town consisting of approximately five (5) additional acres known as Block 505 - Parcel 264, Block 506 - Parcel 325, Block 505 - Parcel 510, and Block 504 - Parcel 478, for recreation and related purposes and im- proved and embellished as recommended by the Recreation Commission and the Conserva- tion Advisory Committee; and be it further RESOLVED, that this project be financed by a bond issued in accordance with the resolution to be hereupon adopted at this special meeting of the Town Board. The vote on the foregoing resolution, upon roll call, was unanimous with all members of the Board present and voting "aye" and the resolution therefore declared duly adopted. The Clerk then presented a memorandum addressed to the Board by the Comptroller under date of April 28th, 1969, re- questing adoption of the bond resolution as submitted there- with, which was ordered received and filed as part of the record of this meeting, and pursuant thereto, the following resolution was offered by Councilman Vandernoot, who moved its adoption, seconded by Councilman Nagel, to -wit: BOND RESOLUTION DATED APRIL 28th, 1969. A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN ADDITIONAL LANDS AND THE ORIGINAL IMPROVEMENT AND EMBELLISHMENT THEREOF, T®GETHER WITH ADJACENT LANDS, FOR RECREATION PURPOSES IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A TOTAL ESTIMATED COST OF $80, 000. , AND AUTHORIZING THE ISSUANCE OF $76, 000. SERIAL BONDS OF SAID TOWN AND AP- PROPRIATING $4, 000. CURRENT FUNDS TO PAY THE COST THEREOF. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follow s: Section 1. The specific objects or purposes to be fi- nanced pursuant to this resolution are as follows: a) The acquisition by the Town of Mamaroneck, West- chester County, New York, of approximately 6 acres of land located generally south of Deane Place and Oak Avenue, north of Pryor Manor Road and west of Premium River Mill Pond, at a max- imum estimated cost of $40, 000; and -3- 123 b) The original improvement and embellishment of the above described land, together with ap- proximately 5 acres of adjacent land now ow- ned by said Town, for recreation and related purposes, at a maximum estimated cost of $40, 000. Section 2. The total estimated cost of the aforesaid specific objects or purposes is $80, 000. , and the _- plan for the financing thereof is as follows: a) By the issuance of $76, 000. serial bonds of said Town, hereby authorized to be issued therefor pursuant to the local Finance Law; and b) By the expenditure of $4, 000. hereby appropri- ated therefor from the General Town Contingency Fund, which shall constitute the down payment re- quired pursuant to Section 107. 00 of the Local Fi- nance Law. Section 3. It is hereby determined as follows: a) That subdivision 21(a) of paragraph a of Section 11. 00 of the Local Finance Law applies to the specific object or purpose described in para- graph (a) of Section 1 of this resolution, and that the period of probable usefulness thereof is thirty years; b) That subdivision 19(c) of such paragraph and Sec- tion applies to the specific object or purpose des- cribed in paragraph (b) of Section 1 of this reso- lution, and that the period of probable usefulness thereof is fifteen years; and c) That the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ma- maroneck, Westchester County, New York, are hereby irrevocably pledged for 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 prin- cipal of and interest on such bonds becoming due and payable in such year. Section 5. Subject to the provisions of the Local Fi- nance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the is- suance and sale of the serial bonds herein authorized, including renewals of such 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. -4- 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 contrasting such validity is commenced within twenty days after the date of such publication, or 3) Such bonds are authorized in violation of the provi- sions of the Constitution. Section 7. Upon this resolution taking effect, the same shall be published in full in The Daily Times, the offical newspaper, together with a Notice of the Town Clerk in substantially the form provided in Section 81. 00 of the Local Finance Law. Section 8. This resolution is adopted subject to permis- sive referendum. 2. Execution of State Permit - Caution Light Installation The Supervisor presented a letter addressed to her by Charles E. Besanceney, Director of Traffic Engineering and Safety, State of New York Department of Transportation, under date of April 1, 1969, enclosing permit application for the installation of W 95 SCHOOL CROSSING warning signs on both approaches of Route 125 at its intersection with Forest Avenue, which was herewith ordered received and filed for the record. She advised that the installation had been approved by the Police Commission and forwarded for the Supervisor's authorization to execute, whereupon on a motion by Councilman Faiola, sec- onded by Councilman Nagel, it was unanimously RESOLVED, that the Supervisor be and she hereby is authorized and directed to execute on behalf of the Town of Mamaroneck, the State of New York Depart- ment Permit to install, operate and maintain W 95 SCHOOL CROSSING signs incorporating flashing bea- cons on both approaches of Route 125, SH 1645, in advance of its intersection with Forest Avenue from the northwest and southeast, in the Town of Mamar- oneck, Westchester County. 3. Resignation of Councilman Nagel Joint Disposal Commission -5- The Supervisor stated that Councilman Nagel had asked some time ago to be relieved of his responsibilities on the Joint Disposal Commission because he felt this post would be more appropriately filled by a Councilman residing in the unincor- porated area of the Town. Mr. Nagel then reminded the Board that he had expressed this feeling at the time he was so appointed by the former Supervisor - and that he had accepted the appointment only because Supervisor Kane had requested him to serve as his alternate on the Commission. Therefore, he continued, he had tendered his resignation upon the new Supervisor's ap- pointment still believing this office should be filled by a member of the Board who resided in the unincorporated area. Whereupon, on the Supervisor's inquiry as to the Board's pleasure, on motion by Councilman Chalif, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby accepts the resignation of Councilman Carl E. Nagel, Jr. , as a member of the Larchmont- Mamaroneck Joint Garbage Disposal Com- mission, effective as of this date, and be it further RESOLVED, that this Board so accepts this resignation in deference to Councilman Nagel's wishes and for the reasons stated by him, and herein for the public record, ex- presses its thanks and appreciation to him for his able and faithful service in that post. 4. Appointment of Councilman Faiola to Joint Disposal Commission The Supervisor recommended that Councilman Faiola, who was a resident of the unincorporated area and who was will- ing to serve, be appointed a member of the Commission to fill the vacancy created by Councilman Nagel's resignation, and thereupon, on motion by Councilman Nagel and seconded by Councilman Chalif, it was unanimously RESOLVED, that Councilman Faiola be and he hereby is appointed a member of the Larchmont-Mamaroneck Joint Garbage Dis- posal Commission, to act in the absence or inability of the Supervisor whenever the Su- pervisor is not available for a Board meet- ing of the said Commission. 5. Appointment of Councilman Vandernoot as Liaison to Youth Council In view of Councilman Faiola's request to be relieved of his -6 131 assignment as Liaison to the Youth Council and pursuant to the Supervisor's recommendation that Councilman Vandernoot, who was willing to serve, be so appointed, on motion by Councilman Faiola, seconded by Council- , man Nagel, it was unanimously RESOLVED, that Councilman Vandernoot be and he hereby is appointed as Liaison Councilman to the Youth Council, said appointment to be effective as of this date; and be it further RESOLVED, that Councilman Faiola in ac- cordance with his request, is relieved of this assignment, and for the public record, this Board expresses its thanks and appre- ciation to him for his dedicated and able service to the community in this post. OTHER BUSINESS 1. Request of Stephen Kirschenbaum re: Town of Mamaroneck P. B. A. The Supervisor advised the Board of a call she had received today from Mr. Stephen Kirschenbaum requesting immed- iately the dates for negotiations and the settlement of the back pay due Mr. Eugene Agnessanto. She stated that she had advised Mr. Kirschenbaum that she would refer his call to the Board this evening and advise him of its action in the matter. She then recommended that the Board designate the Board of Police Commissioners to negotiate with the P. B. A. on its behalf. Councilman Chalif stated that he would like to ask the Supervisor whether she had asked the Commission whether it was willing to so serve, and was advised that she had and the Commission was willing. Whereupon, following some further discussion, Councilman Nagel moved that the Board of Police Commissioners be so designated, and upon seconding by Councilman Chalif, it was unanimously RESOLVED, that the Board of Police Commis- sioners of the Town of Mamaroneck be and it hereby is officially designated to negotiate with the Town of Mamaroneck Police Benevolent As- -- sociation on behalf of this Board; and be it further RESOLVED, that the Supervisor notify Mr. Kir- schenbaum accordingly. -7- �-y 1 e_.u2 Councilman Faiola questioned whether it would be appro- priate to give some consideration to the possibility of es- tablishing a Mediation Board - perhaps a bi-partisan cit- izens board to be appointed by the Town Board - stating that he believed Rye and Port Chester had such boards. During discussion, it was pointed out that the County at- torneys recommended that municipalities use the County Board rather than set-up boards of their own, and Coun- cilman Chalif suggested that the Assistant Attorney find out what the various groups did and did not provide -- that is such groups as the one in Albany - in White Plains, the Association of Towns, etc. The Board endorsed this suggestion and directed that the matter be tabled pending further study and report. 2. Receipt of State Certification of Town of Mamaroneck P. B. A. It was noted for the record pursuant to the Town's official recognition of the Town of Mamaroneck P. B. A. , Inc. by resolution adopted at the April 16th meeting, that the "Certification of Representative and Order to Negotiate" issued by the State of New York Public Employment Re- lations Board, had been received by the Town Attorney on April 23d, 1969• 3. Hommocks Pool and Recreation Facilities Agreement The Supervisor stated that due to Mr. Meighan's efforts in the Town Attorney's absence, the Agreement between the Board of Education and the Town re the Hommocks Swimming Pool and Recreation Facilities had been ex- ecuted on April 24th, 1969 -- and was herewith pre- sented for the record. She further presented two letters addressed to her at her request by Dr. Sheldon Evans, Assistant Superinten- dent for Business Management, relating to the con- tractor's guarantees and warranties for construction in the pool area - and the fill for the Hommocks area to be supplied to the Town by the School Board, which were herewith ordered received and filed for the record. Councilman Nagel, on behalf of the Board, highly com- mended Mr. Mei ghan on his diligence and effort in this matter and its successful conclusion. 4. Recommendation for CAP Board Appointment -8- 13 The Supervisor called to attention the resume of Jordan Wine, a copy of which had been furnished to each mem- ber of the Board, advising that Mr. Wine had been rec- ommended for appointment to the Community Action Board of Directors. She requested that the members of the Board give this recommendation their consideration and that the matter be carried over to the next meeting„ which was so directed. 5. Other Board and Commission Vacancies The Supervisor reminded the Board of the vacancies ex- isting on the Planning Board, the Recreation Commis- sion, the Library Board, and the Commission of Human Rights and requested that suggestions of names for con- sideration of appointment to these posts be forwarded to her so that she could request background and exper- ience information and the Board act thereon in the near future. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 8:30 p. m. Ch s J. ronber T n Clerk -9-