HomeMy WebLinkAbout1969_09_03 Town Board Minutes p� My
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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