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HomeMy WebLinkAbout1968_06_19 Town Board Minutes MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD JUNE 19, 1968, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, MAMARONECK, NEW YORK. CALL TO ORDER The Supervisor called the meeting to order at 8 :15 p. m. in accordance with the Notice of Meeting and Waiver of Notice hereto appended for the record. ROLL CALL Present Supervisor Kane Councilwoman Helwig Councilman Chalif Councilman Faicla Councilman Nagel Absent None Also Present Mr. Johnston, Town Attorney Mrs. Brewer, Deputy Clerk Mr. Altieri, Comptroller Mr. Widulski, Engineer The Supervisor noted that this meeting had been called to consider the items of business set forth in the Notice of Meeting and on the Agenda prepared for this -- meeting and presented the first item thereon. 1. Petition to Revise Certain Assessment Notices At the Supervisor' s request the Attorney presented the Assessor ' s petition, dated June 17, 1968, requesting correction of the assessments on the taxable property included in Parcels 901 through 912, which, by error, had been placed on the assessment roll at an equaliza- tion rate of 40% rather than 45%. It was further noted that each property owner affected must be notified and given an opportunity to appeal the corrected assessment if they so desired. The Town Board which, in accordance with law, must sit as a Board of Review, must also determine how the notices should be served, whether by certified or regular mail, and fix the date or dates it would sit to hear such appeals. During discussion, it was decided that the notices would be served upon each property owner affected by regular mail, and that a period of approximately 18 days would be given since this would be roughly the same amount of time given in the notices mailed June lst. -1- 197 Questions raised by Mr. Peter Mosher, Larchmont Attorney, who was present, relating to the powers of this Board sitting as a Board of Review led to Councilman Chalif ' s and the Town Attorney ' s full review of the law affect- ing correction of assessment rolls. And thereupon on a motion offered by Councilman Chalif and seconded by Councilman Faiola, the following resolution was adopted by unanimous vote: RESOLVED, that the taxable property included in Parcels 901 through 912, which, by error, were placed on the Assessment Roll of the Town of Mamaroneck for the current year at an equalization rate of 40% in lieu of 45% which was the rate fixed for the entire Town, be corrected in conformance with the equalization rate fixed for the entire Town; and be it further RESOLVED, that the procedure as set forth in Section 557 of the Westchester County Adminis- trative Code for the correction of errors in assessment rolls be adhered to, and that a Notice of Correction be served upon each pro- perty owner of the aforementioned parcels by regular mail. 2. Authorization to Advertise for Bids (Hommocks Area Improvements) -- The Engineer, at the Supervisor' s request, explained the drain pipe needed for the Hommocks Area request- ing that bids be advertised for same to be returnable at the next regular meeting of this Board on July 3, 1968. Whereupon, on motion by Councilman Chalif, seconded by Councilman Faiola, it was unanimously RESOLVED, that the Engineer be and he hereby is authorized to advertise for bids for the installation of storm drains and manhole in Hommocks Park in accordance with the Plans and Specifications drawn and prepared by William P. Widulski, Town Engineer, said bids to be returnable at the next regular meeting of this Board, July 3, 1968. 3. Approval of Planning Board Resolution of December 13, 1967 - The Supervisor presented a resolution adopted by the Planning Board of the Town of Mamaroneck on December 13, 1967 which had been submitted for this Board ' s approval at the regular meeting on June 5, 1968 and tabled pend- ing some revision in the wording. He referred to Coun- cilman Chalif who presented the modified wording which was endorsed by the Town Attorney and thereupon since =2-- 195 there was no further question on the resolution, on motion by Councilman Chalif, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby approves that the Planning Board Regulations for the Approval of Subdivision Plats as authorized in Section 272 and Section 277 of the Town Law be amended so as to read as follows : The Planning Board may require parks or play areas for public use of up to ten (10%) percent of the gross area of the subdivision, or if the Planning Board determines that a suitable park or parks, play area or play areas of adequate size cannot be properly located in any such plat, a payment to the Town of a sum to be determined by the Town Board, which sum shall be placed in a trust fund to be used for park and/or recreational pur- poses pending development of project in the area of the particular development as defined by the Planning Board including the acquisition of land. 4. Retention of Intermediate File Clerk (Assessor ' s Office) Pursuant to request of the Assessor to retain the Inter- mediate File Clerk in his office until July 3, 1968, on motion by Councilman Faiola; seconded by Councilwoman Helwig, it was unanimously RESOLVED, that Miss Maureen Reynolds, Intermediate File Clerk in the Asses- sor ' s Office be retained until July 3, 1968. 5. Summer Hours Pursuant to a revised request submitted to the Town Board by a majority of the members of the Town staff subsequent to presentation of a previous request at the June 5th, 1968 meeting at which time the matter was tabled, on motion by Councilman Chalif, seconded by Councilman Faiola, it was unanimously RESOLVED, that the hours for the Town of Mamaroneck Office be 8 :30 a. m. to 4:30 p. m. from Monday, June 24th through Fri- day, August 30th, 1968. -3- 199 6. Approval for Payment of Claims to: a) Gironda Contracting Corp. - Hommocks Improvement Area Pursuant to memorandum addressed to the Board by the Comp- troller under date of June 17, 1968, herewith presented by the Supervisor and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Coun- cilwaman Helwig, it was unanimously RESOLVED, that this Board hereby authorizes payment of a sum not to exceed $1, 180. 00 to Gironda Contracting Corp. as follows : Rental of front end loader at dump from April 15th to the 19th inclu- sive at $220. 00 per day $1, 100. 00 2 Moves at $40. 00 per day 80. 00 b) Salvatore Micelli - Extra Work - Vine Road Pursuant to memorandum addressed to the Board by the Comp- troller under date of June 17, 1968, herewith presented by the Supervisor and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Coun- cilwoman Helwig, it was unanimously RESOLVED, that this Board hereby authorizes payment of a sum not to exceed $1, 375. 00 to Salvatore Micelli as follows : 215 sq. yds. Pavement Restoration at $5. 00 per square yard $1, 075. 00 300 cubic yds. Fill at $1. 00 per cubic yard 300. 00 7. Salary Authorizations - Highway Department Pursuant to memorandum of the Comptroller addressed to the Board under date of June 10, 1968, herewith presented by the Supervisor and ordered received and filed for the record, on motion by Councilwoman Helwig, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby authorizes the employment of two Highway Department laborers as follows : Charles J. Lanza - effective June 6, 1968 ----- at an hourly rate of $2. 60. William R. Bennett - effective June 6, 1968, on a temporary basis, at an hourly rate of $2. 00. -4- 290 At this time, Mr. Peter Mosher requested the Chair's per- mission to address a question to Mrs. Helwig regarding correction of the Assessment Roll even though it might be out of order at this particular time. Upon the Chair's assent, Mr. Mosher questioned whether Section 900 was in the Village of Mamaroneck and whether persons involved received an incorrect market value? Councilwoman Helwig responded that Sections 901 - 912 were in the Village of Mamaroneck and that the market value was not given in the Notices sent to these property owners, only the proposed assessment which had been computed at 40ojo of the full market value placed on these properties by Valuation Associates. Mr. Mosher then asked if the Board was then sitting as the full Board of Review. The Attorney, to whom Councilwoman Helwig referred this question with consent of the Chair, replied, "yes, that is correct" - the Town Board when hearing appeals on the as- sessments in question will have all of the powers of the Board of Review. Mr. Mosher then inquired whether there was any provision in law which would enable the Town Board to deputize the Board of Review to sit for it -- to which the Attorney re- plied that there was not. Councilman Chalif observed that while it was true that the Town Board under the law would sit as the Board of Review, it was also true that under the law the Town Board sitting as the Board of Review could call upon anyone it chose for ad- vice and counsel. 8. Resolution for State of New York Weaver Street Sidewalk Permit Pursuant to memorandum addressed to the Board by the En- gineer under date of June 14, 1968, herewith presented and ordered received and filed for the record, on motion by Councilwoman Helwig, seconded by Councilman Chalif, it was unanimously RESOLVED, that the Town of Mamaroneck shall assume all responsibility for the construction and maintenance of the sidewalk to be constructed along the westerly side of Weaver Street (New York State Route 125) between Palmer Avenue and the Boston Post Road; and be it further RESOLVED, that a certified copy of this resolution be forwarded to the State of New York as requested. Mr. Mosher, upon recognition, inquired when actual construc- tion would start and was advised that the bids —5- w 0 1 were returnable July 3rd and that it was anticipated that construction would begin within two weeks of that date. Councilman Nagel asked whether all of the property needed had been acquired. The Supervisor replied reviewing the visit the Engineer, Attorney and he had had with Messrs. Anderson, Grant and Marks, and explained that all details had been cleared with all in order for the acquisition. - 9. Request for Authorization to Advertise for Bids for Repaving Richbell Road and Country Club Drive Pursuant to memorandum addressed to the Board by the Town Engineer under date of June 4, 1968 herewith presented by the Supervisor and ordered received and filed for the record, on motion by Councilman Nagel, seconded by Coun- cilman . Chalif, it was unanimously RESOLVED, that the Town Clerk, as required by law, be and he is hereby authorized to publish in the official newspaper of the Town of Mama- roneck, The Daily Times, a Notice for sealed bids, to be returnable July 3, 1968 and opened and read aloud at a regular meeting of this Board to be held at 8 :15 p. m. on that date, for repaving Richbell Road and Country Club Drive, said bids to be submitted in accordance with the specifications prepared by the Town Engineer and contained in the said Notice for Bids. 10. Fixing Date for Public Hearing - Application of Metropolis Westchester Lanes, Inc. for Variance to Maintain Existing Non-conforming Signs. The Attorney presented the foregoing application, advis- ing the Board that the law required that a Public Hear- ing be held thereon and requested the Board to fix the date for such Hearing so that Notice thereof could be published in accordance with law. Whereupon, the Board fixed the date as that of the next regular meeting, July 3, 1968, and thereupon on motion by Councilman Chalif, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that a Public Hearing on the appli- cation of Metropolis Westchester Lanes, Inc. for a variance to permit the maintenance of existing non-conforming signs be held on Wed- nesday evening, July 3rd, 1968, at 8:15 p. m. in the Council Room of the Weaver Street Fire- house, Weaver Street, Town of Mamaroneck; and be it further -6- 202 RESOLVED, that the Clerk be authorized and directed to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, Notice of such Hearing as required by law. 11. Communications a) Letter, Mr. Harold H. Klein A letter addressed to the Board by Mr. Klein under date of June 5, 1968 regarding the sanitary sewer running along Valley Stream Road was presented by the Supervisor, who advised that copies thereof had been forwarded to each member of the Board in advance of this meeting. He then recognized Mr. Klein who was present and who in- formed the Board at some length (being an Engineer) of the condition of the affected area (Valley Stream Road) and the resultant danger not only to him but to the Town itself. He further stated that he was putting the Town "on notice" at this time since, in his opinion, there was a definite possi- bility of collapse of the entire road. The Supervisor inquired of the Town Engineer about this situation, whereupon Mr. Widulski stated that the sewer Mr. Klein referred to was a County trunk with many later- als running off of it -- that these sewers had been built in the early 1930's and that there was lots of infiltration. He advised that this was not a County problem, however, as the laterals off the main trunk were at fault in addition to the many illegal connections such as sump pumps, etc. Councilwoman Helwig asked whether this could be investi- gated by television. Mr. Widulski replied that it might be possible but added that correction of the situation would cost many thousands of dollars - up possibly to a million, and suggested that monies be set aside at budget time to begin perhaps what was a tremendous job. Mr. Klein advised that in his thinking, the sanitary sewer was leaking and that building a wall along the unwalled side of the brook might be of some help. Mr. Widulski confirmed that erosion along the unwalled side of the brook existed and that four or five years ago there had been a wash-out at which time it had been rip- rapped with the rip-rapping now starting to go again. Councilman Chalif asked whether there was any relief for the correction of the particular dangerous area. Mr. Widulski replied that lining the brook would probably al- leviate the situation to some degree. Mr. Klein then confirmed that this would not correct the situation but that it would alleviate it. -7- X03 Councilman Chalif asked what suggestion there was to cure the critical point - - to which Mr. Klein recommended again the construction of a wall along the east side of the brook. He said further that Mr. Aitchison, who had come in Mr. Widulski ' s absence, had checked and found the ground water level to be right under the pavement which of course obviously indicated possibility of eventual col- lapse, etc. The discussion concluded with the Supervisor thanking Mr. Klein for bringing the situation to attention and for tak- ing the time and trouble to attend this meeting. He requested the Engineer to present a report on July 3rd out- lining and recommending the immediate steps and overall steps which might be taken to relieve the existing condi- tions. b) Letter, Marion T. Stafford The Supervisor referred to a letter addressed to the Coun- cil by Mrs. Stafford under date of June 17, 1968 regard- ing revaluation, advising that copies thereof had been furnished to each member of the Board for his informa- tion and study, and recommending that it be referred to the Assessor for his attention and consideration, which the Board unanimously so directed with Mrs. Stafford to be advised accordingly. c) Letter, W. Douglas Evans, Chairman of the Community Action Program Pursuant to a request contained in the foregoing letter that the Supervisor and/or his representative, Mr. M. P. Medwick and Mr. Winfield James be appointed to serve on the Board of Directors of The Community Action Program of Greater Mamaroneck for the 1968-1969 year, in accordance with his recommendation that Deputy Supervisor Helwig be appointed as well as the Supervisor, along with the above named gentlemen, all of whom had indicated willingness to serve, on motion by Councilman Nagel, seconded by Council- man Faiola, it was unanimously RESOLVED, that the following persons be and they hereby are appointed to serve on the Board of Directors of The Community Action Program of Greater Mamaroneck for the 1968- 1969 'year: Supervisor Kane Deputy Supervisor Helwig Mr. M. P. Medwick Mr. Winfield James The Supervisor directed that Mr. Evans be so advised. -8- 0 12. Notice of Hearing - Village of Scarsdale Board of Appeals (Not on Agenda) The Attorney presented a Notice of a hearing being held by the Scarsdale Board of Appeals this evening with reference to a request of the Quaker Ridge Golf Club, Inc. for a Paddle Tennis Court. -- He advised that he had not received this until 4 o'clock this afternoon but that since the location of the requested court was 90 feet in from Griffen Avenue, he did not think there would be any question of objection. Councilman Nagel inquired whether the plans called for any lighting on the court -- stating that if not, he thought they should. The Attorney stated that he did not know but volunteered to attend the hearing immediately after this meeting so that he could reply to Mr. Nagel's inquiry. 13. Other Business a) Councilman Chalif -- Repair of Pavement North Chatsworth Avenue Councilman Chalif inquired about the repair of the pavement on North Chatsworth Avenue, stating that he had been asked several times by residents and that he would like to know himself when this very unsatisfactory condition would be corrected. The Supervisor referred the matter to the Engineer for report and reply at the earliest pos- sible date. 14. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:10 p, m. Deputy Clerk T -9-