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HomeMy WebLinkAbout1977_01_19 Town Board Regular Minutes 19 1-19-77 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD JANUARY 19, 1977, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER 1 III The Supervisor called the meeting to order at 8:15 P.M. ROLL CALL Present: Supervisor Vandernoot Councilman McMillan Councilman DeMaio Councilman Perone Absent: Councilman Bloom Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Barasch - Chief of Police Mr. Aitchison - Superintendent of Highways Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of March 3, 1976 were presented III and on motion by Councilman McMillan, seconded by Councilman DeMaio, approved as submitted. Councilman Perone abstained from voting since he had not been in attendance at that meeting. The minutes of the regular meeting of March 17, 1976 were presented and on motion by Councilman DeMaio, seconded by Councilman Perone, approved as submitted. PUBLIC HEARING: Full Stop Sign - Hommocks & Eagle Knolls Roads On motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously resolved that the public hearing be and it hereby is declared open. The Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. Supervisor Vandernoot presented a communication from the Traffic Commission dated December 17, 1976 and explained that the procedure to be followed would be to hear first those in favor of the stop sign, then those in opposition. Since no one wished to be heard either in favor of or in opposition III to the stop sign, the Town Attorney noted that by law, because the request had been initiated by the Hommocks Property Owners Association, someone from that group must speak in favor of the proposal. Thereupon, following Police Chief Barasch's statement that the Traffic Commission recommends the installation of the sign after their investigation -- of the intersection, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously so ordered that the hearing -1- 20 1-19-77 be adjourned until the next regular meeting of February 2, 1977 and that the Supervisor so advise the Hommocks Property Owners Association to have a representative present at that time. PUBLIC HEARING: Fee for Firearms Permits - $25.00 On motion by Councilman McMillan, seconded by Councilman DeMaio,. it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk presented the Affidavits of Publication and Posting of Notice of Hearing and the Supervisor made reference to the recommendation by the Police Commission regarding the fee. Following Mr. Vandernoot's explanation that the procedure to be followed would be to hear first those favoring the proposed fee, then those opposed, Chief Barasch spoke in favor, explaining the reasons why the fee should be imposed. He noted specifically the trend throughout the County due to the time consuming inves- tigations (a three to four month procedure) by the detectives. He continued by stating that fifty applications were processed during 1976. Since no one wished to be heard in opposition to the proposal, on motion by Councilman DeMaio, seconded by Councilman McMillan, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. Thereupon in response to the Supervisor's query as to the Board's pleasure, the following resolution was offered by Councilman McMillan, who moved its adoption and was seconded by Councilman DeMaio, to-wit: WHEREAS, the Chief of Police of the Town of Mamaroneck is required to process pistol permit applications on behalf of the County of Westchester, and WHEREAS, the processing of such permit applications requires a time- consuming investigation into the character of the applicants for permits as well as considerable clerical work, and WHEREAS, it has been the practice in other municipalities throughout Westchester County to charge a fee to cover the cost of such applications, BE IT RESOLVED, that the Chief of Police is hereby authorized to charge a non-refundable fee of twenty-five dollars ($25.00) — payable to the Comptroller of the Town of Mamaroneck for all firearm permits in order to cover the expense of processing the applications. -2- 21 1-19-77 OLD BUSINESS 1. Report of Bids - Storm Drain Improvements - South Ridge Road A memorandum addressed to the Board by the Town Engineer, the Town Attorney and the Superintendent of Highways under date of January 18, 1977 enumerating the bids and recommending award thereof was herewith presented and ordered received and filed as part of the record of this meeting. Pursuant to some discussion, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder for the following: Contract No. 77-1 - Storm Drain Improvements South Ridge Road Micelli Excavating Corp. - $15,497,00 2. Authorization - Supervisor to Sign Power Authority Contract Mr. Vandernoot made reference to a recent telephone call from the Power Authority of the State of New York advising him that the contract between the Town of Mamaroneck and PASNY was being forwarded by mail for his signature. Thereupon, pursuant to the Supervisor's request, on motion by Councilman McMillan, seconded by Councilman DeMaio, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to execute the contract between the Town of Mamaroneck and the Power Authority of the State of New York upon review and approval of said contract by the Town Attorney. NEW BUSINESS 1. Association of Towns - Designation of Delegate & Alternate Pursuant to the announcement of the Annual meeting of the Association of Towns on February 21st, 22nd and 23rd, 1977 at the New York Hilton and Americana Hotels in New York City and upon the Supervisor's query as to the Board's pleasure in designating the Delegate and Alternate and authorizing the expenses of those attending, on motion by Councilman DeMaio, seconded by Councilman McMillan, it was unanimously RESOLVED, that Supervisor Vandernoot be and he hereby is designated Delegate of the Town of Mamaroneck to the 1977 Annual Meeting of the Association of Towns for the purpose of voting, and Councilman Bloom be and he hereby is designated Alternate; and be it further -3- 22 1-19-77 RESOLVED, that the Comptroller be and he hereby is authorized to audit claims for expenses of all Town Officials and members of the Town Staff attending any sessions of the aforesaid Annual Meeting; said claims to be paid from the proper items in the 1977 budget. 2. Engineer's Request - Authorization to Advertise - Replacement of Windows at Weaver Street Firehouse Pursuant to memorandum addressed to the Board by the Town Engineer under date of January 18, 1977, herewith presented and ordered received and filed, some discussion followed in which reference was made to the forthcoming report regarding the inspection of the Firehouse floor. Thereupon on motion by Councilman DeMaio, who made the motion with the understanding that the advertisement would not be published if it is recommended that major work be done on the Firehouse floor, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby authorizes publication in the official newspaper of the Town of Mamaroneck, The Daily Times, of a Notice of Bids for replacement of the windows at the Weaver Street Firehouse, Weaver Street and Edgewood Avenue, Town of Mamaroneck, said bids to be returnable on Monday, January 31, 1977 and reported to the Town Board on February 2, 1977; and be it further RESOLVED, that said advertisement be contingent upon the report of investigation of the apparatus floor of the Weaver Street Firehouse. 3. Set Date for Public Hearing - Increase of Building & Plumbing Department Fees Supervisor Vandernoot presented a memorandum addressed to the Town Board by William Paonessa, Building and Plumbing Inspector, under date of January 13, 1977, in which the request for a revision of that department's fee schedule was reiterated. The memorandum was ordered received and filed. Pursuant to that request, on motion by Councilman McMillan, seconded by Councilman DeMaio, it was unanimously RESOLVED, that this Board hereby fixes the date of February 16, 1977, the second regular meeting in February, for holding a Public Hearing for the purpose of considering amending the Schedule of Fees now set forth in the Building Code, ' Ill Plumbing Code, Smoke Control Code, Fire Prevention Code and Zoning Code of the Town of Mamaroneck; and be it further -4- 23 1-19-77 RESOLVED, that the Clerk be and she hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, Notice of such hearing as required by law. 4. Resolution Approving Agreement for Expenditure of Highway Monies Pursuant to memorandum addressed to the Board by the Comptroller under date of January 10, 1977 herewith presented and ordered received and filed, and upon Councilman DeMaio's motion, which was seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby approves the "Agreement for the Expenditure of Highway Monies for the year 1977" in accordance with Section 284 of the Highway Law. Not on Agenda 5. Comptroller's Request - Open Checking and Savings Account Pursuant to the request addressed to the Board by Carmine A. DeLuca, Comptroller under date of January 19, 1977, herewith presented and ordered received and filed, on motion by Councilman McMillan, seconded by Councilman DeMaio, it was unanimously RESOLVED, that. this Board hereby authorizes the Comptroller and Deputy Comptroller to open a savings account and checking account with Barclays Bank of New York, for the Town of Mamaroneck Public Housing Agency; and it is further RESOLVED, that hereafter all deposits and withdrawals shall be authorized when signed by the signature or facsimile signature of Joseph F. Vandernoot, Supervisor, and Carmine A. DeLuca, Comptroller; or Joseph F. Vandernoot, Supervisor and Genevieve F. Soriano, Deputy Comptroller. A brief discussion followed in which Mr. Vandernoot called to attention that he will be meeting with thirty-two landlords on January 20th for further briefing on the rent subsidy program. In answer to a query from Mrs. Paula Willey, the Supervisor stated that if the landlord is not in agreement with the program and does not wish to participate, a tenant could not receive the benefits of the program. THE TOWN CLERK Regular Reports The Clerk presented the following report which was ordered received and filed: — -5- 24 1-19-77 Annual Report of the Treasurer of the Larchmont-Mamaroneck Joint Garbage Disposal Commission for the fiscal year ending December 31, 1976. COMMUNICATIONS 1. Letter re No Turn on Red, N.Y.S. Department of Transportation A letter addressed to the Town Clerk by R. M. Gardeski, Regional Traffic Engineer under date of January 18, 1977 was presented and herewith ordered received and filed as part of the record of this meeting. The letter's attachments specifically outlined the intersections within the Unincorporated Area where the right turns on red would be prohibited and some discussion followed the Supervisor's enumeration of said intersections and his further reference to the rather hastily passed law. Both Councilman Perone and Chief Barasch made clarifying statements during the discussion. 2. Letter, Elizabeth Malinowski - 1976 Senior Citizens Council Report Supervisor Vandernoot acknowledged receipt of a letter from Elizabeth Malinowski, Chairman of the Larchmont-Town of Mamaroneck Senior Center enclosing the aforesaid Center's 1976 Annual Report. The report which was herewith ordered filed was labeled a most impressive document by the Supervisor who noted further that fifty (50) new members had been registered in 1976 and highlighted some of the very productive IIIprograms of the senior citizens. NOT ON AGENDA THE COUNCILMEN Mr. Perone Councilman Perone called to attention his support of the problem in the district attorney's office (the loss of twelve positions) and pointed out how it would affect this community. He and Councilman McMillan stated that the assistants work only in the local courts and persons with their training render a valuable service. Councilman DeMaio questioned the need for all twelve assistants and Councilman Perone explained that tremendous backlogs would be created in the local courts and Chief Barasch concurred with him. At this time Councilman Perone presented the following resolution and moved its adoption and Councilman McMillan seconded, to-wit: WHEREAS, it has been reported in the press and on the radio that the 1977 budget for the County of Westchester has eliminated 12 positions of Assistant District Attorneys, which is below the 1976 staffing levels of that department, and -6- 25 1-19-77 WHEREAS, it is reported the District Attorney, as the chief law enforcement officer of the county, has the responsibility of determining priorities to continue the expeditious and effective prosecution of cases involving the many social crimes involved in the conduct of business in that department, and WHEREAS, it is reported that the District Attorney must maintain the capacity to deal effectively and on an initiative basis with other major threats to the safety and economic well-being of our community, and WHEREAS, the District Attorney has heretofore established the operation of branch offices in several areas of the county, one such office was situated in the City of Rye and covering the areas of the Towns of Harrison and Mamaro- neck, City of Rye, and the Villages of Mamaro- neck, Larchmont and Port Chester, and WHEREAS, it has been reported in the press and on the radio that these valuable branch offices will be closed and the Rye office may not be reopened and their services dis- continued if the money is not restored to the 1977 budget for the District Attorney. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck does hereby petition the Honorable Chairman of the County Board of Legislators, Thomas F. Keane, Jr. , the Honorable County Executive Alfred B. DelBello, the Honorable Edward J. Brady, Majority Leader, Board of Legislators, Honorable Audrey Hochberg, Minority Leader, County Board of Legislators and the Honorable John L. Messina, Chairman on the Committee on Budget and Appropriations to restore to the 1977 budget for the County of Westchester the full amount of money to retain the services of the 12 positions of Assistant District Attorney in order that the Town of Mamaroneck may be provided with the personnel for prosecuting cases in the local courts which will be severely hampered if the branch offices of the District Attorney are withdrawn and the Rye Branch is not reopened, and BE IT FURTHER -7- 26 1-19-77 RESOLVED, that the Town Board of the Town of Mamaroneck is advised that in addition to this personnel, that the loss to the Town of Mamaro- neck would be: 1. The early case screening and evalu- ation in consultation with police and judges which permits the rapid transfer of serious cases to the III Grand Jury and the disposition or diversion of relatively minor offenses in the local courts; 2. Bail evaluation consultation with local judges; 3. Consultation services for local police departments on legal problems in connection with investigations and arrests; 4. Legal services to police departments in the preparation of warrants, de- tainers and other legal documents; 5. Assistance to local court judges and court personnel; 6. Intake and processing of private citizen complaints at the local level; 7. Effective monitoring of local court statistics; III and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Mamaroneck forward immediately a copy of this resolution to the above named persons and District Attorney Carl Vergari. Mr. McMillan Councilman McMillan made reference to the recent newspaper articles regarding the consideration being given to a possible change of location for New Rochelle Hospital. He noted that more than half of this community's population use that facility and suggested that the Board keep abreast of the situation for possible impact on the community. THE SUPERVISOR 1. Report - Flood Control Meeting Mr. Vandernoot gave a brief report on the meeting held in the Super- visor's Office on January 17th in preparation for the public, hearing to be conducted by the Army Corps of Engineers on January 31st at the Osborn School in Rye. Slides were shown by a resident of the brook area and it was stressed that the Corps keep in mind the beauty of that area. -8- 27 1-19-77 Not on Agenda On behalf of the entire Board, the Supervisor commended William Aitchison, Superintendent of Highways, for the splendid job done in keeping the streets safe for traveling and extended a vote of thanks to him and his crew. Particular notation was made of the many hours Mr. Aitchison had gone without sleep. IllADJOURNMENT 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. , to reconvene on February 2, 1977. 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 by Commissioner DeMaio and on his motion, seconded by Commissioner McMillan, it was unanimously RESOLVED, that this Commission hereby author- izes payment of the following Fire Department claims approved by the Fire Chief and audited by the Comptroller's Office: III AAA Emergency Supply Co. $ 820.00 R. G. Brewer, Inc. 12.25 Ralph F. Condro 2.92 Con Edison 3.98 Con Edison 246.86 Dri-Chem Extinguisher Corp. 215.50 Edward Lasus, Inc. 79.00 Lawrence Heat & Power Corp. 744.30 Lawrence Heat & Power Corp. 84.46 McGuire Bros. , Inc. 20.00 William Smith Supplies Inc. 28.50 $ 2,257.77 Not on Agenda Thanks were extended to the volunteer firemen by the Board of Fire Commissioners for an impressive job done by them at the fire in the Manor earlier today. III -- -9- 28 1-19-77 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 February 2, 1977. • III Town Clerk • • III • . ,_. -10-