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
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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
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Councilman
Councilman
Dated: April the 28th
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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