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HomeMy WebLinkAbout1969_09_03 Town Board Minutes p� My '.f � MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 3rd, 1969, 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 Chalif Councilman Faiola Councilman Nagel Councilman Vandernoot Absent: None Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Deputy Clerk Mr. Altieri - Comptroller APPROVAL OF MINUTES The minutes of the regular meeting of August 6th, 1969, were pre- sented, and on motion duly made and seconded, approved as submitted. OLD BUSINESS 1. Application for Special Permit - County Automotive Co. , Inc. a) Report of Planning Board The report of the Planning Board recommending that the aforesaid application be granted was presented and herewith ordered received and filed as part of the record of this meeting. b) Fix Date for Public Hearing The Supervisor then inquired the Board's pleasure as to fix- ing a date for the public hearing, whereupon on a motion by Councilman Nagel, seconded by Councilman Faiola, it was un- animously RESOLVED, that this Board hereby fixes the date of its next regular meeting on Wednesday evening, October lst, 1969, as the date for holding a public hearing before this Board on the application of County Automotive Co. , Inc. and be it further RESOLVED, that the Clerk publish the Notice for Hearing as required by law. -1- 2. Report on Sidewalks a) Fenimore Road b) Rockland Avenue c) Ferndale Place The Supervisor reported, in the absence of Mr. Aitchison the Highway Superintendent, that the sidewalks had been installed on Fenimore Road and Rockland Avenue and were ready for the opening of school. Mrs. Helwig also reported that the Ferndale Place walkway was proceeding and hopefully would be completed by the early part of the coming week. The following persons, upon recognition by the Chair, then addressed the Board. Mr. Philip Ernst - 19 Alden Road, Town Mr. Ernst asked whether this walkway would be helpful for the children coming up the Post Road? The Supervisor replied by describing the route of the walkway from the point where it ran in from the Post Road through a portion of the property used by Hory for car display and along the side of the Bank on through the property past Ferndale Place to the school. Mrs. Linda Case - 5 Copley Road, Town Mrs. Case asked why there was no sidewalk on the east side of Weaver Street and what had 'happened to the request for a cross- walk at Ferndale Place. The Supervisor explained that the request had been referred to - the State Traffic Commission and denied because of the short- sight distances involved which would make such a crossing very dangerous. Mrs. Case pointed out that at the time the Weaver Street side- walk had been constructed children from her area were not going to Central School and she inquired what consideration was being given to building a walk along the east side of Weaver. The Supervisor assured Mrs. Case that this whole situation was being very carefully watched and that a crossing guard would be assigned at Ferndale and Weaver if it were deemed necessary. 3. Report - Water Main Installations The Supervisor stated that the new water mains and fire hydrants in the Murdock Woods area had been installed and that the resi- dents had been notified of service dates, etc. by the Superin- tendent of the Westchester Joint Water Works. She particularly stressed the increased fire protection thus provided in this section of the Town. NEW BUSINESS 1. Petition for Bus Shelter -2- The Supervisor presented a petition signed by about thirty resi- dents requesting the erection of a bus shelter on the east side of Palmer at the corner of Weaver for the protection during in- clement weather of students and other passengers using private busing which had been submitted as of this date and was herewith ordered received and filed for the record. She explained that the property on which the shelter had been requested was owned by the Park District and therefore recom- mended that the petition be referred to the Commission for study and report to this Board which was unanimously so directed. 2. Request to County - Transfer of Deed for Parcel "QQ" to Village of Mamaroneck Following the Supervisor's explanation and in accord with her recommendation, on motion by Councilman Chalif, seconded by Councilman Faiola, the following resolution was adopted by un- animous vote of the Board, all members being present and voting "aye", to be forwarded to the Board of Supervisors, the County Executive, the County Attorney's Office and Mr. Earl Udall, Vil- lage Manager of the Village of Mamaroneck. WHEREAS, the County of Westchester transferred to the Town of Mamaroneck on September 27th, 1962, the deed to the County Residual Parcel "QQ", and WHEREAS, the said Parcel "QQ" lies entirely within the Village of Mamaroneck and has been requested by the said Village for park and/or recreation pur- poses, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor be and she hereby is authorized and directed to request the County of Westchester to deed the aforesaid Parcel "QQ" direct- ly to the Village of Mamaroneck, and be it further RESOLVED, that the Supervisor be and she hereby is authorized and directed to execute a deed re- conveying Residual Parcel "QQ" from the Town of Mamaroneck to the County of Westchester. 3. Request, Mamaroneck Village Board for Town Traffic Study on Control or Abatement of Heavy Truck Travel on Harmon Drive a) Memorandum, Chief O'Brien b) Letter - Attorney for Giangrande The Clerk presented a letter addressed to the Board by E. Earl Udall, Village Manager of the Village of Mamaroneck under date of August 28th, 1969, requesting the Town to do a traffic study re control or abatement of heavy through truck travel on Harmon Drive in the Town, which was herewith ordered received and filed for the record. -3- In connection therewith, the Supervisor advised the Board of the receipt of a letter addressed to the Supervisor and Councilman by Murray Boxer, attorney for Mrs. Clementina Giangrande and sons of 823 Harmon Drive, under date of August 14th, requesting the Town's immediate attention to the problems resulting from the said through heavy truck traffic on Harmon Drive, along with copy of her reply under date of August 15th which referred the matter to the Police Chief for study and report. In addition, copies of the correspondence between Mrs. Giangrande and the Police Commission, Police Chief O'Brien's letter to Police Chief Geary of the Village of Mamaroneck, and a memorandum addressed to the Supervisor by Chief O'Brien under date of August 29th, re- porting traffic counts made on August 12th, 23rd and 28th, were also presented and herewith ordered received and filed. The Supervisor further advised the Board that the Chief had in- formed her that this matter would be before the Commission at its next meeting, and then inquired whether any member of the Board or any one present wished to address the Board, whereupon the following persons were heard: Mr. and Mrs. Peter Sullivan - 53 Old Harmon Drive, Town Mr. Sullivan questioned why Windsor Street had been made one-way stating that this had been done without notice to the residents, and had in their view, he said, increased the danger to the chil- dren of the area. Following quite a lengthy discussion by the Sullivans and the members of the Board, the question was referred to Councilman Faiola for review and report. Mr. Robert Deegan - 109 New Harmon Drive, Town Mr. Deegan inquired whether there were existing ordinances - or whether if not, new ordinances should be adopted to control the entire traffic situation on new Harmon Drive which he described as a nightmare. He referred to the constant excessive speeding - the heavy through truck traffic - and the littering caused by bottles and cans thrown from the Thruway - and asked for immedi= ate relief, suggesting that perhaps a police officer could be posted there if this were the only way to relieve present con- ditions. Mr. Peter Giangrande - Harmon Drive, Village of Mamaroneck Mr. Giangrande asked the Board to take immediate action. He stated that the matter had been before the Board for over two years and that as of this date nothing had been done. He said he felt there was no need nor time for further study - only for action to correct the existing situation by the erection of the requested signs and by strict enforcement of the regulations once the signs were posted. In concluding the discussion, Mr. Giangrande and those present were assured by the Board that steps would be taken immediately to re- lieve this situation. 4. Appointment of Dog Enumerator Pursuant to communication addressed to the Supervisor by the State of New York Department of Agriculture and Markets under date of August 13, 1969, and in accord with the Town Clerk's recommendat- ion, on motion by Councilman Nagel, seconded by Councilman Chalif, it was unanimously -4- RESOLVED, that pursuant to Section 108 of the Agriculture and Markets Law, Eugene Agnessanto of 83 Myrtle Boulevard, Town, be and hereby is appointed Dog Enumerator of the Town of Mamar- oneck (Unincorporated Area) for the year 1970. 5. Registration Notice Pursuant to the Clerk's request, on motion by Councilman Chalif, seconded by Councilman Nagel, it was unanimously RESOLVED, that in accordance with the provi- sions of Section 76 and Section 354 of the Election Law, a Notice listing the places of registration and briefly describing each re- gistration district in the Town of Mamaroneck be published in the official newspaper of the Town of Mamaroneck, "The Daily Times", on September 25th and October 2nd, 1969. 6. Expense Authorization - Police Commission Pursuant to memorandum of the Board of Police Commissioners dated August 19th, 1969, herewith presented and ordered received and filed for the record, on motion by Councilman Chalif, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes. the ex- --- penditure of not to exceed the sum of $600. to cover the expenses of Police Chief James O'Brien's atten- dance of the annual International Association of - Chiefs' of Police Conference to be held in Miami Beach, Florida from September 26th through October 2nd, 1969. 7. Salary Authorizations a) Recreation Pursuant to memorandum of James W. Kronenberger, Superintendent of Recreation, dated August 12th, 1969, herewith presented and order- ed received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby authorizes the en- gagement of Miss Brenda White as Recreation Attendant P. T. , to be compensated at the rate of $1.65 per hour, effective as of August 4th, 1969. b) Conservation Pursuant to memorandum of the Conservation Advisory Committee under date of August 12th, 1969, herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously -5- f�: ic�ct RESOLVED, that this Board hereby authorizes the en- gagement of Mr. James Morley as Park Attendant, to be compensated at the rate of $2.14 per hour, effec- tive as of August 11th, 1969. c) Highway Pursuant to memorandum of William T. Aitchison, Superinten- dent of Highways dated September 2nd, 1969 herewith presented and ordered received and filed for the record, on motion by Councilman Fiaola, seconded by Councilman Nagel, it was un- animously RESOLVED, that this Board hereby authorizes the en- gagement of Richard Walker as a Highway Laborer, to be compensated at the rate of $3.20 per hour, effec- tive as of September 2nd, 1969. COMMUNICATIONS 1. Notice of Hearing - Village Mamaroneck Board of Appeals The Clerk presented a Notice of a meeting of the Board of Appeals of the Village of Mamaroneck on September 4th, 1969, which had been referred to the attention of the Town Attorney and which, requiring no action by this Board, was herewith ordered received and filed. 2. I. C. C. Notice of Hearing - Penn Central - New Haven Division - A Notice of Hearings to be held by the ICC on September 10th, 11th, and 12th in New York City was presented for information purposes and ordered received and filed. 3. Letter - Murdock Woods Association A letter addressed to the Supervisor by Mr. Michael Rozen, Presi- dent of the Murdock Woods Association under date of August 18th, 1969, thanking the Town for installing the new traffic light at the corner of Weaver Street and Griffen Avenue, was presented and ordered received and filed. REPORTS The Town Clerk The Clerk presented the following reports which were ordered re- ceived and filed: Report of the Receiver of Taxes and Assessments for the month of August, 1969. Report of the Building and Plumbing Inspector for the month of August, 1969. Report of Westchester Shore Humane Society for the month of August, 1969. -6- Municipal Dog Patrol Report for the month of August, 1969. Summary of Receipts and Disbursements for the per- iod from January 1st through July 31st, 1969. The State of New York Department of Audit and Con- trol Reports of Financial Affairs for Town of Mamaroneck, Police Pension Fund, Fire District Y'k1, Westchester Joint Water Works, and Refuse and Gar- '_ bage District No. 1. for the period from January 1, 1966 through December 31, 1968. Supervisor -- 1. Report - Request Central School P.T.A. Crosswalk, Weaver & Ferndale As explained earlier in the evening in reply to Mrs. Case, the Supervisor again stated that the request for the crosswalk at Ferndale Place and Weaver Street had been referred to the State Traffic Commission and denied as being dangerous because of the short sight-distances for vehicular traffic. 2. Report - P.S.C. re Railroad For the Board's information, the Supervisor read the following letter addressed to her by Mr. Samuel R. Madison, Secretary of the Public Service Commission, under date of August 27th, 1969, in reply to her request of August 25th. "We have your letter dated August 25, 1969 relative to this Commission's investigation of the rates and services to the New Haven Division of the Penn Cen- tral Company. As you may know, we had scheduled a hearing at New Rochelle on August 18, 1969 beginning at 7:00 P.M. which was postponed at the request of local officials and other residents of Westchester County. Announce- ment of the date of the postponed hearing, also to be held during the evening hours, is expected shortly. We have explored the feasibility of a joint hearing with the ICC but because of conflicting practices and procedures and the fact that each Commission has already independently progressed their respective cases to a large extent, further hearings before joint Examiners would, even if acceptable to the ICC, which is problematical, would complicate the record and fail of any improvement in the expedition of the determina- tion of the case." The Councilmen -- Councilman Faiola 1. Appointment-Human Rights Commission Councilman Faiola, after remarking that the appointment he was about to propose would bring to full complement the membership of the Hu- man Rights Commission, placed in nomination the name of Mr. Peter -7- R. Perciasepe for appointment to that Commission, recounting a re- sume of Mr. Perciasepe's background and experience particularly qualifying him for this assignment. Whereupon on his motion, seconded by Council Nagel, it was un- animously RESOLVED, that Mr. Peter R. Perciasepe be and he hereby is appointed a member of the Town of Mama- roneck Commission of Human Rights, to serve for a term of office to be effective immediately and to terminate on May 19th, 1970, and be it further RESOLVED, that the Supervisor, on behalf of the Board, so notify Mr. Perciasepe, welcoming him to the Town's official family and thanking him for his willingness to serve in this post. 2. Report - Bus Situation Councilman Faiola reported that absolutely nothing could be done about the present bus situation until word was received from those bus companies contacted as to what they would like to do. He stated further that his recent contact with one firm which had been negotiating with West Fordham had led him to believe that there would be buses running since West Fordham said it was nego- tiating to sell. He further said that the franchises would be inherited by the purchasers at the time of sale and that the com- munities could not do anything more since they were virtually pow- ', erless to do so under the law. 3. Audit & Control Report on Fire District Councilman Faiola stated that he had reviewed this report in de- tail finding it in order when it had been forwarded to him prior to its official presentation this evening. Councilman Nagel 1. Telephone Survey Councilman Nagel presented a memorandum herewith received and filed addressed to him by the Comptroller, Mr. Altieri, under today's date, reporting the findings of a comparative survey of the telephone lines used by the various departments of the Town for a comparable 6-month period in '68 and '69 in accordance with a suggestion he had offered in the interest of economy. It was unanimously directed following discussion of this report that a tie-line be installed between the Town and Police Department and both Councilman Nagel and the Comptroller were thanked for their efforts in suggesting and realizing the economy for the Town this improvement would effect. -8- ro�a Councilman Vandernoot 1. Letter re Tax Reform Bill Councilman Vandernoot read the following letter concerning the tax reform bill as passed by the House of Representatives which he re- quested authorization to address to Senator Russell Long, Chairman of the Senate Finance Committee, with copies to Governor Rockefeller, Senators Javits and Goodell, Congressman Reid, and all members of the Senate Finance Committee. "The tax reform bill passed by the House of Repre- sentatives leaving the future status of tax exempt bonds in doubt has proven to be a very expensive measure to many States and their sub-divisions. The financing and building plans of many others have been delayed and in some cases many have to be aban- doned. The purpose of the bill which is to reduce the tax burden of middle income taxpayers serves to be self defeating since taxes on State and local levels will be significantly increased to meet the higher debt service incurred by borrowing in the present high interest rate market. Added to this would be a rise in Federal taxes should the plan to subsidize State and local governments which choose to sell taxable securities be adopted. This would entail setting up a new Federal bureau and would cause a further move toward central govern- ment. Let us not forget that the States created the Federal Government and should not be dominated by it. Nor should we forget that many of the targets of the bill (large holders of tax-exempts) have seen the -- principal amounts of their original investments shrink any where from 10 - 60% and the real winners have been the taxpayers of States and local governments who are still paying interest at very low rates on funds bor- rowed over the last 25 years. In view of these thoughts, I strongly urge you to vote against any proposal to tax the income from municipals in any way including the subterfuge of allocating deductions." The members of the Board highly complimented Councilman Vandernoot on this letter and thereupon unanimously moved the following re- solution. RESOLVED, that this Board hereby authorizes and directs that Councilman Vandernoot forward on its behalf, the foregoing letter as herein read into the record to Sen- ator Russell Long, Chairman of the Senate Finance Com- mittee, and all members of that Committee, the Honor- able Nelson A. Rockefeller, Governor of the State of New York, Senators Jacob K. Javits and Charles E. Good- - ell, and Congressman Ogden R. Reid. Councilman Chalif also suggested for the press and all present that members of the community be urged to contact Senator Long and their legislators individually regarding this bill. -9- 2. Apportionment Upon presentation of the following apportionment, on motion by Councilman Vandernoot, seconded by Councilman Chalif, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented a petition for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petition for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1968, school taxes of 1969, which shows property now appearing on the roll as follows : Block Parcel Name Land Imp Total 801 287 Jeanette B. Kane $4,900 $2,200 $7,100 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land IMP Total 801 287 Jeanette B. Kane $2,500 $2,200 $4,700 801 294 Joseph Lore 2,400 2,400 The Town Attorney 1. Settlement of Certiorari 65 Palmer Avenue Pursuant to the Attorney's request for authorization to settle the foregoing certiorari proceeding and his recommendation for the a- mount of $261,300. , said amount having been agreed to by the Chair- man of the Board of Review and the Assessor of the Town, on motion by Councilman Chalif, seconded by Councilman Nagel, the following resolution was adopted by unanimous vote of the Board, all members being present and voting "aye": WHEREAS, while heretofore pending writs of certiorari were obtained by 65 Palmer Avenue, owners of the prop- erty known and described as Section 4, Block 401, Par- cel 1 on the Tax Assessment Map and Assessment Roll of the Town of Mamaroneck for prior years, and while said writs were actually being tried and a decision was be- ing awaited by the parties the time within which to file a writ for the year 1968 for the taxes of 1969 passed; and WHEREAS, it was stipulated by the parties that the matters under review should be considered for the year 1968 for the taxes of 1969 in proportion to the findings of the Referee; and -10- WHEREAS, pursuant to this stipulation which was made an official part of the record, the Town Attorney therefore recommends to this Board that the proceed- ings be settled and discontinued upon the reduction of this assessment; NOW, THEREFORE, BE IT RESOLVED, that the assessment for the year 1968 for the taxes of 1969 upon property owned by 65 Palmer Avenue and described upon the Assessment Map and Assessment Roll of the Town of Mamaroneck as Section 4, Block 401, Parcel 1 be reduced as follows : From Assm't. Tax Year Year Land Imp. Total 1968 1969 $99,500. $868,200. $967,700. To Assm't Tax Year Year Land Imp. Total 1968 1969 $99,500. $521,800. $621,300. provided the certiorari proceedings now pending in the name of 65 Palmer Avenue, Inc. for the year 1968 for the taxes of 1969 be discontinued without costs as against either party; and it is further -- RESOLVED, that all refunds of taxes due by reason of such reductions be paid without interest; and it is further RESOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary stipulation to ob- tain an order of the Supreme Court providing for such reductions. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:15 p. m. , to reconvene on October 1st, 1969. BOARD OF FIRE COMMISSIONSERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Claims Upon presentation for authorization of payment, on motion by Com- missioner Faiola, seconded by Commissioner Vandernoot, it was un- animously -11- RESOLVED, that the following Fire Department claims be and they hereby are approved, and the Supervisor and Comptroller authorized to pay the same out of the 1969 Fire Department budget: R. G. Brewer, Inc. $ 52.33 Vincent Ceruzzi 40.00 Frank Claps 180.00 Con Edison 5.00 Dri-Chem Extinguisher Co. 23.00 Excelsior Auto Repair & Machine Works 654.12 Exterminating Services 7.00 Nicholas G. La Russell 226.80 McGuire Bros . , Inc. 7.00 Merson Uniform Co. , Inc. 149.00 Mobil Oil Corp. 15.04 New York Telephone Co 7.43 New York Telephone Co. 24.75 New York Telephone Co. 64.66 Park Radio 4.50 Post Appliance 34.30 Roberts 15.90 Suburban Communications 21.00 Westchester Joint Water Works 2,740.00 Total. . . . . .$4,271.83 2. Reports Commissioner Faiola presented the following report which was ordered received and filed for the record: _ Fire Report for the month of August, 1969. 3. Communications Commissioner Faiola stated that there were no communications to be presented at this meeting. 4. Adjournment There being no further business to come before the meeting, it was declared adjourned at 9:20 p. m. , to reconvene on October 1st, 1969. zaajr�jl- yxto� To ler -12-