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HomeMy WebLinkAbout1969_10_01 Town Board Minutes LJ3 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 1st, 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 Faiola Councilman Nagel Councilman Vandernoot Absent: Councilman Chalif Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Deputy Clerk Mr. Aitchison - Superintendent of Highways Mr. Altieri - Comptroller Mr. Widulski - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of September 3rd, and special meeting of September 17th, 1969, were presented, and on motion duly made and seconded, approved as submitted. PUBLIC HEARING - County Automotive Co. Inc. On motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk presented for the record the Affidavit of Publication of the Notice of Hearing and the report of the Planning Board recommending that the application be granted as had been pre- sented at the last meeting of the Board. The Supervisor then inquired of Mr. Bloom, member of the Planning Board who was present, whether there were any conditions and upon his reply that there were not since the Planning Board had felt the location did not require any, she inquired whether any member of the Board had any questions or whether anyone present wished to be heard on the application. The only persons addressing the Board were a Mr .Rubin and Mr. Wade appearing for the applicant, and Mrs. Mary Telesco of 3 Dillon Place, who inquired whether the structure would be en- closed. At the Supervisor's request, Mr. Rubin and Mr. Wade replied to -1- Mrs. Telesco assuring her that the addition would be completely enclosed, and thereupon since there were no further comments or questions, on motion by Councilman Nagel, seconded by Council- man Faiola, it was unanimously RESOLVED, that the public hearing be and it hereby is declared closed. The Supervisor then inquired the pleasure of the Board, and there- upon on a motion offered by Councilman Faiola, and seconded by Councilman Vandernoot, the following resolution was adopted by unanimous vote of the Board, Councilman Chalif being absent and therefore not voting: WHEREAS, County Automotive Co. Inc. has submitted an application for the construction of an addition at the rear of the present building as shown on the plan filed with said application, on premises located on the north side of the Boston Post Road, bordering the New Rochelle line and known as Block 503, Parcel 123 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, said application was denied by the Build- ing Inspector on the grounds that the plans were subject to a special permit, to be granted pursuant to Sections 410 and 432 of the Zoning Ordinance; and WHEREAS, the applicant has applied to this Board for a special permit as provided in Section 432 of the Zoning Ordinance, and which application --- this Board has referred to the Planning Board for report, which, as received, recommends that the application be granted; and WHEREAS, a public hearing was duly called before this Board for this meeting pursuant to Section 432 of the Zoning Ordinance; and WHEREAS, the Board has examined the plans and finds that the conditions and standards required by sub- divisions 432.1, 432.2, 432.3, and 432.4 of the Zoning Ordinance have been met; NOW, THEREFORE, BE IT RESOLVED, that the application of County Automotive Co. Inc. is hereby granted and the Building Inspector authorized to issue a special permit for the con- struction of an addition at the rear of the present building as shown on the plan filed with him, pro- vided that said addition conforms in all respects with the Building Code and Zoning Ordinance of the Town of Mamaroneck; -2- to serve the extension of Sewer District No. 1 of the Town of Mamaroneck, Westchester County, New York, known as Section "S", including appurtenant facili- ties and incidental improvements, substantially in accordance with the map and plan accompanying the petition for said extension, is hereby authorized at a maximum estimated cost of $195,000. Section 2. The plan for the financing of such maxi- mum estimated cost is as follows: a) By the issuance of $170,000 serial bonds of said Town, hereby authorized to be issued therefor pur- suant to the Local Finance Law; and b) By the expenditure of $25,000 provided from available current funds of said District. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to sub- division 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds here- in authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are here- by irrevocably pledged to the payment of the princi- pal of and interest on such bonds as the same become due and payable. There shall annually be assessed upon all the taxable real property in said Sewer District No. 1, as extended, at the same time and in the same manner as other Town charges an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and in- terest on said bonds. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance 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. Section 6. The validity of such bonds may be con- tested only if: 1. Such bonds are authorized for an object or pur- pose 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, -5- and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Daily Times, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing re- solution was duly put to a vote on roll call, which resulted as follows : Councilman Faiola VOTING Aye Councilman Nagel VOTING Aye Councilman Vandernoot VOTING Aye Supervisor Helwig VOTING Aye The resolution was thereupon declared duly adopted. 2. Salary Authorizations a) Recreation Pursuant to the memorandum of the Superintendent of Recreation, dated September 8th, 1969, herewith presented and filed, on motion by Councilman Vandernoot, seconded by Councilman Faiola, it was unanimously -- RESOLVED, that as recommended and approved by the Recreation Commission, this Board hereby authorizes that the following Recreation personell be engaged, each to be compensated at the rate and on the effec- tive date here below set forth: Mary Ellen Rilley, Intermediate Account Clerk and Typist, effective September 9th, 1969, at $4910.00 per annum. Ralph Bilbao, Assistant Pool Director P.T. , effective September 4th, 1969, at $6500.00 per annum. Name Title Date Eff. Per Hr. Fred Dolan Rec. Att. 8/29/69 $1.50 Gary Williams " " P.T. 9/6/69 1.65 Paul Peterson " " It " " 1.65 Carl Girolamo " 1.65 Ellen Nechamkin Life Guard P.T. " 1.85 William Betzig it 9/5/69 1.85 David Friedman If " 9/6/69 1.85 Patricia Baragwanath " " " " 1.85 James Walsh " " 1° 1.85 Donn Harnick " 9/11/69 1.85 Patti Spencer " " " 1.85 Steven Kaiser " " 1.85 b) School Crossing Guard Pursuant to memorandum of the Comptroller under date of September -6- 29th, 1969, herewith presented and filed, on motion by Coun- cilman Nagel, seconded by Councilman Faiola, it was unan- imously RESOLVED, that this Board hereby authorizes that Samuel J. Perri be engaged as a School Crossing Guard of the Town of Mamaroneck, effective as of September 8th, 1969, and to be compensated at the rate of $10.00 per day. 3. Report on Hommocks Pool (Previously Presented) 4. Authorization - Installation of 10 Tennis Court Sleeves, Hommocks Recreation Area Pursuant to the Engineer's memorandum of September 29th, here- with presented and filed for the record, on motion by Council- man Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that the Town Engineer be and he here- by is authorized to engage Peckham Road Corpora- tion to install concrete bases for 10 tennis court sleeves at the Hommocks Park All Purpose Recreation Area at a cost of $15.00 each, or a total sum of $150.00. 5. Report on 1969-1970 Assessment Roll The Clerk presented a report submitted by the Assessor on the 1969-1970 roll which was herewith ordered received and filed for the record. The Supervisor stated that each member of the Board had been furnished with a copy of this report for his information, and remarked that the roll showed somewhat less than the usual increase caused partly by the loss sustained from the Washington Arms and Chatsworth Gardens fires - which, of course, would be returned to the roll upon completion of their restoration. COMMUNICATIONS 1. Notice of Public Service Commission Petition of Josephine Mastocciolo The Clerk presented a Notice of the Public Service Commis- sion session on the aforesaid Petition which was forwarded to the Town for its information and herewith ordered re- ceived and filed. 2. Letter, County Commissioner of Public Works The Clerk read the following letter addressed to the Super- visor on September 22d, 1969, by Commissioner Edward J. Delehanty: "In reply to your inquiry of September 10th, I wish to inform you that detailed plans are well under way for the construction of the new Fifth Avenue waste water pumping station in New Rochelle and for a new -7- section of the sanitary sewer leading from the Town of Mamaroneck to this station. It is planned to re- ceive bids for the pumping station early in December, 1969 and to award a contract for construction early in 1970. Timing for the start of construction on the sewer portion of the work depends on a number of time- consuming factors which are difficult to evaluate at this time. However, efforts will be made to __. have the sewer work completed by the time that the pumping station is ready to receive increased flow." The Supervisor stated that a copy of this letter had been for- warded to Mr. Hayden Smith, President of the Larchmont Hills Association, for informational purposes since many of the resi- dents in that area had been concerned for some time about this matter. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered received and filed: Report of the Receiver of Taxes and Assessments for the month of September, 1969. Report of the Building and Plumbing Inspector for the month of September, 1969. Town Clerk's Report for the month of August, 1969. Summary of Receipts and Disbursements for the period from January 1st through August 31st, 1969. Supervisor -- 1. Summary Report on Proposed Weaver Street Sidewalk For the information of all present, the Supervisor reviewed the Summary conducted by Mrs. Janet Clark, Chairman of the Health and Safety Committee of the Murray Avenue PTA, enumerating the number of residents favoring and disfavoring the construction of a pro- posed sidewalk along the west side of Weaver Street from Bonnie Way to Murray Avenue. She stated that the total number of families to be serviced by the proposed walk was 50, all of which had been canvassed. The Summary, she further reported, recited the follow- ing findings of fact: 1. That 26 families had children in the local schools. 2. That 18 families did not have children in the local schools. 3. That 8 families said they would use the sidewalk. -8- 4. That 10 families said they did not believe they would use the sidewalk. 5. That 36 families living in the area said they were in favor of the sidewalk. 6. That 7 families did not favor the building of the sidewalk. 7. That 1 family was undecided. 8. That 6 families were not available for comment. The Supervisor further reported that the appraisal for the only piece of property which needed to be acquired for the construc- tion of the proposed walk had been made, and that the Attorney accordingly had submitted the offer to the owner of the land. The owner's reply, she continued, had led to the request for the survey. The Supervisor then asked the Attorney what the next steps were - and was advised that every possibility for acquisition of the needed property through negotiation should be explored and the construction costs estimated. Councilman Nagel stated that he felt the Board should proceed with the necessary steps with all due haste, and Councilman Vandernoot agreed with this in view of the results shown in the Survey presented this evening. And thereupon, on a motion by Councilman Nagel, seconded by Councilman Vandernoot, the following resolution was adopted unanimously RESOLVED, that the Town Attorney be and he hereby is authorized and directed to explore every ave- nue in an effort to achieve an amicable acquisi- tion of the property necessary for the construc- tion of the proposed walk through negotiation, and be it further RESOLVED, that if all efforts to move forward in the interest of the public safety through such negotiation should fail, the Town Attorney be and he hereby is authorized and directed to institute condemnation proceedings for the acquisition of the property necessary for the construction of the proposed sidewalk on property adjoining the west side of the right-of-way of State Highway, Route 125, known as Weaver Street, between Bonnie Way and Murray Avenue in the Town of Mamaroneck, which the Town Board has deemed a public necessity for the safe traffic of students and the general public. -- 2. Retirement of Sergeant William Cunningham Following the Supervisor's comments about Sergeant Cun- ningham's retirement from the Town's Police Department after 37 years of exemplary service, and the delightful testi- monial dinner in his honor on September 20th testifying so clearly to the high esteem and warm regard in which he is held by the entire community, on a motion unanimously made and seconded, the following resolution was adopted to be spread upon the minutes of this meeting in public tribute to him: -9- WHEREAS, Sergeant William Cunningham has dedicated the past thirty-seven years of his life to serving the Town of Mamaroneck as an Officer of its Police Department, and WHEREAS, he has served his community faithfully and well, bringing ability, unlimited energy and conscientious devotion to the task at hand at all times and under all circumstances; NOW, THEREFORE, BE IT RESOLVED, that we, the members of the Town Board, do hereby express and record the grati- tude of the Town of Mamaroneck and all of its citizens to a fine public officer, and our appreciation of his long and ex- emplary service, and be it further RESOLVED, that this resolution, unanimously adop- ted by the Town Board of the Town of Mamaroneck at its meeting on October 1st, 1969, in grateful thanks and appre- ciation to Sergeant Cunningham, be spread upon the minutes of this meeting in pub- lic tribute to him, and that a copy thereof be forwarded to him with the best wishes of this Board and the residents of the community. 3. Temporary Engagement of Miss Susan Swenson Pursuant to a request addressed to the Town Clerk by Miss Susan Swenson of Larchmont Acres, for temporary employ- ment in the Town Offices during the month of December as part of her secretarial major at Endicott Junior College, and the recommendation of the Supervisor and Clerk fol- lowing their interview with her, on motion by Councilman Nagel, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby author- izes that Miss Susan Swenson of Larch- mont Acres, Town, be engaged to serve in the Supervisor's Office of the Town of Mamaroneck during the month of December, 1969, and that she be compensated at the rate of $2.50 per hour, and be it further RESOLVED, that the Supervisor notify Miss Swenson accordingly. 4. Letter of Mrs. F. Warren Green The Supervisor reported to the Board her receipt of a letter from Mrs. Green thanking the Board for the honor it had conferred upon her in appointing her to -10- the Commission of Human Rights and expressing her apprecia- tion of the Board's confidence in her. Mrs. Green had further written, the Supervisor continued, as follows: "I am not unmindful of the fact that honor carries a responsibility and I pledge to you and your Council that I will expedite my assignment to the best of my ability." 5. County Transit Agency (Not on Agenda) Supervisor Helwig reported to the Board that she had signed a resolution proposing the creation of a County Transit Agency to be presented at the next meeting of the Board of Supervisors and requesting the Legislation Committee and the Public Service Committee of that Board to study and re- port on the proposal for a County Transit Agency as recom- mended by the DeLeuw Cather Association Report of 1966. The Councilmen Councilman Faiola -- 1. Incinerator Report - Bids for One Additional Refuse Transfer Trailer Councilman Faiola presented for the Board's information, a memorandum addressed to him by the Comptroller under date of September 30th, 1969, which advised that the Joint Disposal Commission was requesting bids for one additional refuse transfer trailer, returnable as of October 3d, and which was herewith ordered received and filed for the record. Councilman Nagel -- Councilman Nagel stated that although he had no report on the agenda, he did have 4 questions he would like to ask at this time as follows: 1. Whether there was a report on the plans for a new Police Station? In reply, the Supervisor stated that there was no report at this time. 2. Whether there was a report on the Town Hall proposal at Central School? In reply, the Supervisor stated that costs for rent, moving, necessary alterations, etc. were being obtained at this time. In addition, she further reported that several additional offers of supplementary space to the present quarters were being investigated. 3. What action had been taken about Mrs. Widmark's complaint? The Supervisor briefly reviewed Mrs. Widmark's several calls in complaint of the noise and dis- turbance she suffered from children playing on -11- the property at the rear of the Firehouse im- mediately adjoining her premises - which had been referred to the attention of the Fire Chief, and asked Councilman Faiola whether he cared to make any comments on what action had been taken. Councilman Faiola replied that he had no par- ticular comments but called on the Fire Chief who stated that as far as he knew there was no policy nor any rules which prohibited the children from playing on the property. He said that he did not feel therefore that it was his perogative to order them off the prop- erty - but that if a policy was deemed ad- visable and the Commission would establish it, the men would enforce it. A discussion followed as to whether it was fav- orable or unfavorable for this property to be used as a sort of "neighborhood playground" - which concluded with the Board directing that the matter be referred to the Superintendent of Recreation for study and report to this Board. 4. Whether the date of the next meeting should be changed in view of the Village of Mamaroneck's Fire Inspection, Parade and Dinner on the 15th? In reply, it was unanimously RESOLVED, that the date of the next regular meeting of this Board be Thursday evening, October 16th, rather than Wednesday evening, October 15th, in view of the Village of Ma- maroneck Fire Inspection, Parade and Dinner on the 15th. Councilman Vandernoot -- 1. Report on P.S.C. New Haven Hearing Councilman Vandernoot stated that the Supervisor, the Attorney and he had attended the P.S.C. Hearing on the New Haven at the New Rochelle City Hall on the evening of September 30th and that he had indeed been most favorably impressed by the fine facilities at the new City Hall. He stated that he had been sworn in as a witness and had testified that he was not presently a commuter though he had been since 1936 - first from Mount Vernon and then from Larchmont - until his unconditional surrender about last April 1st in the interest of safety. He had further testified, he said, to his concern because nothing was being done about safety and just about everything had happened to the line - and had concluded that if some way could be found to put the New Haven back on a business-like basis and to be made safe, he and his four companions would be happy to come back and be commuters. He then asked the Supervisor whether a report on the con- ference she and Mayor Goldsmith had recently had with the M.T.A. was ready, and was advised, in reply, that the Mayor and she were working on the report and hopefully that it would be available within the next several days. -12- 2. Report - Investment Surplus Funds Councilman Vandernoot presented the following report as submitted to him by the Town Comptroller under date of September 29th, 1969. "For the period January 1, 1969 to December 22, 1969, the Town of Mamaroneck will earn $74,974.37 in inter- est by investing the surplus funds, through the pur- chase of Certificates of Deposit, in the following accounts: General Fund $70,410.28 Capital Fund 1,846.78 Parking Meter Fund 1,825.56 Larchmont Mamaroneck Fund 120.92 Special District Fund 770.83 $74,974.37 This represents an increase of $18,028.21 over 1968. It is also interesting to note that the amount of interest earned ($74,974.37) and the amount of In- terest & Penalties on Taxes ($20,739.60) are in ex- cess of $458.97 over the actual costs of the Receiver of Taxes, Assessor and Comptroller Departments: Cost of Assessor's Dept. $41,650.00 Cost of Rec. of Taxes 22,058.00 Cost of Comptroller's Dept. 31,547.00 $95,255.00 " 3. Apportionments Upon presentation of the following apportionments, on motion by Councilman Vandernoot, seconded by Councilman Faiola, the -- following resolution was unanimously adopted: WHEREAS, the Assessor has presented petitions 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 petitions for the cor- rection 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 only 302 216 Vicdur Realty Corp $ 25,800. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Only 302 216 Arthur Stern & W 11,000. 302 416 Harold S Lynton & W 11,000. 302 500 Roy H. Durst & W 3,800. and be it further -13- RESOLVED, that the assessment roll of 1968, school taxes of 1969, and the assessment roll of 1969, taxes of 1970, which show property now appearing on the rolls as follows : Block Parcel Name Land only 615 66 Raephael Amelio & or $ 2,800. be corrected as follows in accordance with the pro- ' visions of subdivision 5 of Section 557: Block Parcel Name Land only 615 66 R & D Amelio Bldrs Inc. 2,400. 615 400 Raymond Bellwood & W 400. and be it further RESOLVED, that the assessment roll of 1969, taxes of 1970, which shows property now appearing on the roll as follows: Block Parcel Name Land IMP Total 302 216 Vicdur Realty Corp $25,800. $20,000. $45,800. be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land IMP, Total 302 216 Arthur Stern & W 11,000. 11,000. 302 416 Harold S Lynton & W 11,000. 20,000. 31,000. 302 500 Roy H Durst & W 3,800 3,800. and be it further RESOLVED, that the assessment roll of 1968, school taxes of 1969, which shows property now appearing on the roll as follows: 1968-1969 Block Parcel Name Land only 302 54 Vicdur Realty Corp $ 5,700. 1969-1970 Block Parcel Name Land IMP Total 302 54 Vicdur Realty Corp $5,700. $20,000. $25,700. be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: - 1968-1969 Block Parcel Name Land only 302 54 Harold S Lynton & W $2,850. 302 70 Arthur Stern & W 2,850. -14- 1969-1970 Block Parcel Name Land IMP Total 302 54 Harold S Lynton & W $2,850. $2,850. 302 70 Arthur Stern & W 2,850. $20,000. 22,850. ADJOURNMENT There being no further business to come before the meetig, on motion duly made and seconded, it was declared adjourned at 9:20 p.m. , to reconvene on October 16th, 1969. 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 Upon presentation for authorization of payment, on motion by Commissioner Faiola, seconded by Commissioner Nagel, it was unanimously 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: Atlantic Service Service Center $200.00 R. G. Brewer, Inc. 63.50 Con Edison 184.16 Con Edison 5.00 County Motor Products, Inc. 5.10 Excelsior Auto Repair & Machine Works 85.98 Exterminating Services Corp. 7.00 McGuire Bros. Inc. 7.00 Mobil Oil Corp. 57.15 New York Telephone Co. 41.25 New York Telephone Co. 63.05 Office Essentials, Inc. 4.30 Walter D. Rickert 26.50 Suburban Restaurant Supply, Inc. 14.60 United Garden Supply Co. 6.20 Village of Mamaroneck 33.08 Westchester Joint Water Works 33.20 Total. . . . . . . .$837.17 2. Reports Commissioner Faiola presented the following report which was ordered received and filed: Fire Report for the month of September, 1969. 3. Communications -15- There were no communications to be presented at this meeting. 4. Other Business a. Report - Westchester County Fire Training Center Commissioner Faiola acknowledged the receipt of the report on the proposed Westchester County Fire Training Center. He stated that the report would be studied and the Depart- ment's recommendations then submitted to the Commission. Chief Condro stated that the Firemen were not looking for any such finery as this report indicated -- but rather for a Training Center like other nearby ones, in Connecticut for example, which had cost, he believed, not much in ex- cess of $75,000. 5. Adjournment There being no further business to come before the meet- ing, on motion duly made and seconded, it was declared adjourned at 9:30 p.m. , to reconvene on October 16th, 1969. C rk -16-