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HomeMy WebLinkAbout1964_12_23 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD DECEMBER 23, 1964, 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 Burchell Councilman Kane Councilman Brush Councilman Quadrine Absent: Councilwoman Helwig Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Deputy Clerk Mr. Altieri - Comptroller Mr. Kellogg - Engineer Mr. Fischer - Supt. of Highways Guest: Mrs. Fay Mermey OPENING OF BIDS Car for Highway Superintendent The Clerk presented the affidavit of publication of the Notice for Bids, and opened and read aloud the following bids: Bidder Bid Flinn Motor Corp. $ 1, 980. 10 less trade-in 125. 00 Net bid. . . . . . . . . . . . . . . . . . . . . . . . 1, 855. 10 Murray Auto Sales Inc. 2, 100. 00 less trade-in 100. 00 Net bid. . . . . . . . . . . . . . . . . . . . . . . . 2, 000. 00 Hory Chevrolet Company 2, 204. 00 less trade-in 150. 00 Net bid. . . . . . . . . . . . . . . . . . . . . . . . 2, 054. 00 Whereupon, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED, that the bid of the low bidder, to-wit the bid of Flinn Motor Corp. in the amount of $l, 855. 10, be accepted subject to approval by the Town Attorney and the Town Engineer; -1- and be it further RESOLVED, that upon such approval, the following resolution is duly adopted: WHEREAS, the Town Superintendent of Highways did, on the 23d day of December, 1964, duly rec- ommend the purchase of certain equipment pur- suant to the provisions of Section 142 of the Highway Law, NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 142 of the Highway Law, the Town Superintendent of High- , ways is hereby authorized to purchase, in ac- cordance with the provisions of Article 5-A of the General Municipal Law, with the approval of the County Superintendent of Highways, the fol- lowing: One (1) 2-door sedan automobile for the Town Highway Superintendent in accord with specifi- cations for $1, 980. 10; Less trade-in for one (1) 1958 Chevrolet 2-door sedan for $125. 00; or a net bid in the amount of $1, 855. 10 for said car to be purchased from Flinn Motor Corp. , the low bidder, as per bid submitted December 23, 1964; said car to be equipped and delivered in accordance with the specifications published in the Notice for Bids. PUBLIC HEARING Cargill Water Main Project On motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk presented for the record the affidavits of pub- lication and posting of the Notice of Hearing, and the Su- pervisor following a brief explanation of the matter, in- quired whether anyone present wished to be heard thereon. Whereupon, since no one wished to be heard, on motion by Councilman Brush, seconded by Councilman Kane, it was unanimously RESOLVED, that the public hearing be and it hereby is declared closed. And thereupon, since the Board was ready for the ques- tion, upon the Attorney's advice that two resolutions were -2- required in this instance, the Board adopted the following resolutions submitted by the Attorney: The following resolution was offered by Councilman Kane, who moved its adoption, seconded by Councilman Quadrine, to wit: WHEREAS, the Town Board of the Town of Mamar- oneck, Westchester County, New York, duly adop- ted a resolution on December 9, 1964, calling a public hearing pursuant to Section 202-b of the Town Law on a map and plan and estimate of cost prepared in relation to certain improvements pro- posed for Water Supply District No. 1 of said Town, consisting of the installation of approximately 920 lineal feet of 12-inch cast iron water pipe running from Palmer Avenue southerly to the Boston Post Road over Cargill Road and easements acquired therefor; and WHEREAS, notice of said public hearing was duly published and posted in the manner provided by law; and WHEREAS, such public hearing was duly held at the time and place set forth in said notice at which all persons interested in the subject matter there- of were duly heard; and WHEREAS, said Town Board has duly considered the evidence given at said hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the afore- ', said public hearing, it is hereby found and deter- mined that it is in the public interest to improve the facilities of Water Supply District No. 1 of the Town of Mamaroneck, Westchester County, New York, as aforesaid, at a maximum estimated cost of $17, 500. , and said improvement is hereby authorized. Section 2. This resolution shall take effect im- mediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as fol- lows: Supervisor Burchell VOTING Aye Councilman Kane VOTING Aye Councilman Brush VOTING Aye Councilman Quadrine VOTING Aye VOTING The resolution was thereupon declared duly adopted. -3- And thereupon, the following resolution was offered by Councilman Kane, who moved its adoption, seconded by Councilman Quadrine, to-wit: BOND RESOLUTION DATED December 23, 1964. A RESOLUTION AUTHORIZING THE ISSUANCE OF $17, 500. SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF CERTAIN - IMPROVEMENTS FOR WATER SUPPLY DIS- TRICT NO. 1 OF SAID TOWN. WHEREAS, the Town Board of the Town of Ma- maroneck, Westchester County, New York, by proceedings heretofore duly had and taken pur- suant to Section 202-b of the Town Law has de- termined it to be in the public interest to con- struct the improvements hereinafter described for Water Supply District No. 1 of said Town, which district was duly established with all of the powers of a water district pursuant to Chapter 81 of the Laws of 1939; and WHEREAS, it is now desired to provide for the financing thereof; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York as follows: Section 1. For the specific object or purpose of paying the cost of the installation of approxi- mately 920 lineal feet of 12 inch cast iron water pipe running from Palmer Avenue southerly to the Boston Post Road over Cargill Road and ease- ments acquired therefor, including incidental im- provements, in and for Water Supply District No. 1 of the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued $17, 500. serial bonds of said Town pursuant to the Local Finance Law. Section Z. The maximum estimated cost of the aforesaid specific object or purpose if $17, 500. and the plan for the financing thereof consists of the issuance of the $17, 500. serial bonds herein authorized. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific ob- ject or purpose is forty years, pursuant to subdi- vision 1 of paragraph a of Section 11. 00 of the Local Finance Law. It is hereby further deter- mined that the maximum maturity of the serial bonds herein authorized will exceed five years. -4- Section 4. The faith and credit of said Town of Ma- maroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal 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 Water Supply District No. 1 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 prop- erty 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 interest 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 anticipa- tion 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 Super- visor, 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 purpose for which said '-Town is not au- thorized to expend money, or 2. The provisions of law which should be com- plied with at the date of publication of this resolution are not substantially complied with, 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 im- mediately, shall be published in full in The Ma- maroneck Daily Times, the official newspaper to- gether with a notice of the Town Clerk in substan- tially the form provided in Section 81. 00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as fol- lows: -5- Supervisor Burchell VOTING Aye Councilman Kane VOTING Aye Councilman Brush VOTING Aye Councilman Quadrine VOTING Aye VOTING The resolution was thereupon declared duly adopted. OLD BUSINESS There was no old business to come before the meeting. NEW BUSINESS 1. Youth Council The Supervisor welcomed Mrs. Fay Mermey who was attending the meeting this evening on behalf of the Executive Committee of the Larchmont- Mamaroneck Committee on Family and Youth. After the Supervisor pointed out that it was the intent of this Board, as of the two Villages, to form a "Youth Council" or agency, with the formal resolution therefor pending a meeting of the three municipal attorneys and the State Representative, he inquired whether there was any question Mrs. Mermey wished to ask at this time. In reply, Mrs. Mermey thanked the Board for sig- nigying its 'intent' pending the adoption of the formal resolution, and requested that a member of the Board be appointed as liaison to the said "Council" or agency. She further noted that Msgr. Delaney, Pastor of Sts. John and Paul and member of the Executive Board of the Youth Committee, was assuming the Chairmanship in Dr. McGuire's loss, and expressed the community's gratitude and appreciation of Msgr. Delaney's willing- ness to accept this post. Z. Proposed Purchase of Street Lighting Equipment from Con Edison In connection with the proposed purchase of street lighting equipment from Con Edison as set forth in memo- randum of the Town Engineer at the December 9, 1964, meeting, Councilman Kane reported that he had conferred with Mr. Bordas, Division Manager of Con Edison, and was recommending the proposed purchase in accord with Mr. Bordas' offer, which he had confirmed by letter un- der this date. Whereupon, on his motion, seconded by Councilman Brush, since there were sufficient funds in the budget, it was unanimously -6- RESOLVED, that this Board hereby authorizes the purchase of the following Con Edison owned street lighting equipment located in and along public streets, parks, and places in the Town of Mamaroneck, "as is and in place", for the sum of $2, 900. 00, said purchase to be ef- fective as of December 1, 1964: 64 metal king posts 488 brackets 68 luminaires --- 484 lamp fixtures 2 standard wood poles 3. Report on Investment of Surplus Funds The Clerk presented a memorandum of the Comptroller, dated December 16, 1964, reporting that the investment of surplus funds in 1964 had realized interest in the sum of $18, 871. 64 for the Town, which was herewith ordered received and filed for the record. The Supervisor com- mended the Comptroller on his investments. 4. Request for Authorization to Borrow $150, 000. Tax Anticipation Notes Pursuant to memorandum of the Comptroller, dated December 21, 1964, herewith presented and ordered re- ceived and filed, on motion by Councilman Kane, sec- ', onded by Councilman Quadrine, the following resolution, upon roll call, was adopted by unanimous vote of those present and voting, Councilwoman Helwig being absent and therefore not voting: TAX ANTICIPATION NOTE RESOLUTION DATED DECEMBER 23, 1964. A resolution delegating the power to authorize the issuance of and to sell not exceeding $150, 000. Tax Anticipation Notes of the Town of Mamaro- neck, Westchester County, New York, in antici- pation of the collection of Town real estate taxes levied for the fiscal year commencing January 1, 1965. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell not exceeding $150, 000. Tax Antici- pation Notes of the Town of Mamaroneck, West- ', chester County, New York, in anticipation of the collection of real estate taxes levied for Town purposes for the fiscal year of said Town, corn- mencing January 1, 1965, is hereby delegated to the Supervisor of said Town, the chief fiscal of- -7- ficer thereof. 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 Fi- nance Law. Section 2. This resolution shall take effect im- mediately. - 5. Memo -"Increased Take-home Pay" _ Pursuant to memorandum of the Comptroller, dated December 21, 1964, herewith presented and ordered received and filed, on a motion offered by Councilman Brush and seconded by Councilman Quadrine, the fol- lowing resolution was adopted, upon roll call, by unan- imous vote of those present and voting, Councilwoman Helwig being absent and therefore not voting: BE IT RESOLVED, that the Town Board of the Town of Mamaroneck does hereby elect to come under the provisions of Chapter 339 of the Laws of 1960, entitled 'An act to amend the Retirement and Social Security Law, in relation to authorizing the provision of added pensions- providing-for-increased-take-home-pay and death benefits for officers and employees of participating employers in the New York State _ Employees' Retirement System', as presently or hereafter amended; and BE IT FURTHER RESOLVED, that the per- centum of the member's compensation by which contributions shall be reduced, shall be EIGHT percentum, and that the effective date shall be the payroll beginning on the 1st day of January, 1965. COMMUNICATIONS 1. Letter from County Health Department "Drainage Basin Report - Long Island Sound - 17" The Clerk presented for the Board's information, copy of a letter addressed to the Town Engineer by R. M. McLaughlin, Director, Division of Environ- mental Sanitation, County Health Department, under date of December 16, 1964, on the above- mentioned subject, which was ordered received and filed for the record. REPORTS The Town Clerk No reports. The Supervisor -- 1. Letter from Governor Rockefeller Re: New Haven For the Board's information, the Supervisor pre- sented a letter addressed to him by Michael White- man, Esquire, Confidential Law Assistant to the Governor, under date of December 16, 1964, ac- knowledging telegram urging creation of a New York, Westchester and Connecticut Transportation Authority, which was herewith ordered received and filed. 2. Letter from Alfred F. Sulla, Jr. Supervisor - Town of Harrison Also for the Board's information, the Supervisor presented a letter of thanks to the Town Fire De- partment for its assistance in the December 2 fire, which was ordered received and filed. 3. Death of Dr. Floyd E. McGuire Pastor of the Larchmont Avenue Church The Supervisor spoke of the sudden and tragic passing of Dr. Floyd E. McGuire, beloved Pastor of the Larchmont Avenue Church and member of the community, last Thursday - only four days after the passing of The Rt. Rev. Msgr. Deegan, stating that it would be difficult indeed to describe the shocked state of grief and sorrow prevading the community as the result of this double tragedy. Following an expression of deep sorrow by each of the members of the Board, it was unanimously directed that the following resolution , adopted in tribute to Dr. McGuire, be memoralized upon the minutes of this meeting and sent to the family of Dr. McGuire with the Board's deepest sympathy and condolences, and that when this meeting ad- ourn, it do so out of respect and honor to the memory of Dr. McGuire. In Memoriam - Whereas , Dr. Floyd E. McGuire, Pastor of the Larchmont Avenue Church for the past twenty-four years, served his church and this community with utmost devotion and great distinction, and Whereas , he was consistently active in inter- church affairs and honored by this community in recognition of his outstanding work in this field, =9-- and Whereas , he has also served as a guiding in- fluence on the Larchmont- Mamaroneck Committee on Family and Youth, which embraced members of all denominations, and Wh er ea s , during World War II he served the - armed forces as a civilian Chaplin and also served his church in various world- wide projects in the Phillippines, Asia, the Far East, Europe and Russia, and W h e r ea s , wherever he served, he gave freely of himself devoting all of his tremendous faith, energy and conscientious devotion to the task at hand, serving all men and women irrespective of their religious af- filiation, Now , Therefore , Be It R e s o l v e d, that we, the members of the Town Board of the Town of Mamaroneck, do hereby express and record the gratitude of this Town and all of its citizens to a great spiritual leader, and its appreciation of his many contributions and dedicated service to our community, and be it further R e s o l v e d , that we convey to the family of Dr. McGuire this expression of our sense of loss and grief, and be it further Resolved, that this resolution be entered upon the minutes of this meeting, and that a copy thereof be sent to the family of Dr. McGuire, and that when we adjourn, it shall be out of respect and honor to his memory. Councilwoman Helwig -- 1. Letter from Charles E. Pound Commissioner, County Department -- of Parks, Recreation and Conservation In Councilwoman Helwig's absence, the Clerk pre- sented a letter, dated December 15, 1964, addressed to Mrs. Helwig by Mr. Pound in acknowledgment of materials concerning the "Sheldrake River Trails" -10- conservation project, and commending the Town on pioneering in the development of the park and recreation lands conveyed to the Town by the County, which was ordered received and filed for the record. Councilman Kane -- 1. Authorization for Street Light Installations Pursuant to memorandum of the Engineer, dated De- cember 21, 1964, herewith presented by Councilman Kane and filed for the record, on motion by him and seconded by Councilman Brush, it was unanimously RESOLVED, that this Board hereby authorizes the following street light installations at a total cost not to exceed the sum of $866. 32: a) Four (4) quadriliner-type fixtures at $94. 60 each as follows: 1. Dillon Road (top of hill) 2. 1 S of Rockland and Stoneyside Drive 3. Boston Post Road 4 E of Weaver 4. Boston Post Road 5 E of Weaver b) Eight (8) Admiral-hat type fixtures at $60. 99 each as follows: 1. Corner of Myrtle Blvd. and Wind- sor Street 2. Mardon Road (opposite #6) 3. Holly Place opposite Forest Place 4. Avon Road, 1 W of Fenimore 5. Avon Road, 2 W of Fenimore 6. 3 S of Rockland, Stoneyside Drive 7. 5 S of Rockland 8. Stoneyside Drive 6 S of Rockland 2. Re-numbering Palmer Avenue, Post Road, etc. Councilman Kane reported that the Attorney had ad- vised that the proposed changing of certain street num- bers in the unincorporated area would be in keeping with the law. He further advised that prior to any action in this matter, such proposal would be submitted to and dis- cussed in detail with the Post Office, the Police and Fire Departments, and with each of those persons who would be affected by such change. Councilman Brush -- 1. Request to Purchase Parking Meters Pursuant to memoranda of the Comptroller and Police Chief requesting authorization to purchase 30 Dual Park- '' -Ll mg meters from the Village of Port Chester at a cost not to exceed the sum of $100. 00, herewith presented by Councilman Brush and ordered received and filed for the record, on motion by him and seconded by Councilman Kane, it was unanimously RESOLVED, that in accordance with the recom- mendation of the Police Chief, this Board hereby authorizes the purchase of 30 Dual Parking me- ters from the Village of Port Chester for a total cost not to exceed the sum of $100. 00. 2. Extension of Police Widows Pension Pursuant to memorandum of the Comptroller, dated December 21, 1964, and herewith presented by Coun- cilman Brush and filed for the record, on his motion, seconded by Councilman Kane, it was unanimously RESOLVED, that pursuant to Section 162 of the Retirement and Social Security Laws of the State of New York as amended by Chapter 265 of the Laws of 1960, there is hereby granted to all widows of retired members of the Town of Mamaroneck Police Department, an extension of the additional pension allowance of $600. 00 per annum, commencing with the 1st day of January, 1965, and continuing up to and in- cluding the last day of December, 1967; such pension shall be paid to the following widows now on the rolls of the Town of Mamaroneck Police Pension Fund: Mrs. Mary Abrahamsen, Mrs. Lillian Boivin, Mrs. Eleanor Euiler, Mrs. Isabella Grenan, Mrs. Ruth Millheiser, and Mrs. Bella Ryan; and to all other widows of retired members of the Town of Mamaroneck Police Department who file verified applica- tions on or before December 1st, 1967. Councilman Quadrine -- 1. Report on New Haven Meeting Councilman Quadrine reported that he had attended the meeting on the New Haven, held at the Westches- ter Country Club on Saturday, December 19th, and that the Town had telegraphed the Governor urging creation of a New York, Westchester and Connecticut Transportation Authority as requested at that time. 2. Request for Barricade Mrs. Joseph Dalfonso Councilman Quadrine reported a call from Mrs. Dalfonso requesting the Town to erect a post barricade -12- and "no dumping" signs on Old White Plains Road at the entrance of vacant property near her home in order to prevent further dumping thereon, which was referred to Councilwoman Helwig and the Superintendent of Highways. The Town Attorney -- 1. Request for Publication of Notice of Hearing - Rezoning of Novak Property Pursuant to the Attorney's request, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED, that in accordance with law, the Town Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, a notice of public hearing to be held by this Board on Wednesday evening, January 20, 1965, at 8:15 p. m. , in the Council Room of the Wea- ver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of consid- ering the rezoning of certain property des- cribed in said notice from an R-7. 5 residence district to a "B" - business district, and to ' amend the Zoning Ordinance and Map of the Town of Mamaroneck accordingly. OTHER BUSINESS 1. Thank-you to The Daily Times The Supervisor remarked on the fine reporting and excellent cooperation the local press had given the Town all during the past year, stating that prior to adjournment, he would like to express the Board's thanks and appreciation thereof. Whereupon, the Board unanimously directed the Su- pervisor to convey its thanks and appreciation to the Editor and staff of The Mamaroneck Daily Times, particularly commending the fine reporting of Mr. Paradise and Mrs. Meyers in their coverage of Town Board meetings. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was de- clared adjourned at 9:15 p. m. , to reconvene on January 6, 1965. _13= 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 of the Fire claims by Commis- sioner Brush, on his motion seconded by Commis- - sioner Kane, it was unanimously RESOLVED, that the following Fire Department claims be and they hereby are approved, and the Supervisor and Comptroller be and they here- by are authorized to pay the same out of the 1964 Fire Department budget: Con Edison $ 74. 87 William B. Lemon 145 . 30 McGuire Bros. , Inc. 5. 00 New York Telephone Co. 23. 18 Rheingold Breweries, Inc. 60. 68 The Samela Press 25. 00 Wesco Fire Equip. & Service 88. 80 Total $ 422. 83 Z. Reports There were no reports to be presented at this time. Commissioner Brush, however, reported that he had received the Inspection Reports. 3. Communications 1. Letter of Thanks from Dr. Charles Weller Commissioner Brush presented a letter addres- sed to the Fire Chief by Dr. Charles Weller under date of December 14, 1964, thanking the Fire Department for its response to his emergency call in the recent emergency involving Dr. McGuire, which was ordered received and filed. 2. Letter from Barney Epstein, Inc. Re: Firemen Coverages Commissioner Brush presented for the Commis- ' sion's information, a letter addressed to him by -- Barney Epstein under date of December 3, 1964 in reply to his letter of November 24, regarding firemen coverages, which was herewith ordered received and filed for the record. -14 3. Memorandum Requesting Appointment of Paid Fireman Pursuant to memorandum of the Comptroller, dated December 21, 1964, and letter of the Fire Chief, dated December 20, 1964, recommending the ap- pointment of Santo G. Garofalo as a Fireman, here- __ with presented and ordered received and filed for the record, on motion by Commissioner Brush and seconded by Commissioner Quadrine, it was unani- mously RESOLVED, that Santo G. Garofalo be and he hereby is appointed, on a Probationary Ap- pointment, as Fireman of the Town of Mamar- oneck Fire Department, to be effective as of January 1, 1965 and to be compensated at the rate of $5910. 00 per annum. 4. Other Business 1. The Fire Chief The Fire Chief thanked the Commission for ap- pointing Mr. Garofalo and expressed the best wishes of the Fire Department to all for a very merry Christmas and a Happy New Year. 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:25 p, m. , to reconvene on January 6, 1965. T n Clerk _15-