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HomeMy WebLinkAbout1978_03_15 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MARCH 15, 1978 IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER In the absence of the Supervisor, the meeting was called to order at 8:15 P.M. by Councilman Bloom. ROLL CALL Present: Councilman Bloom Councilman McMillan Councilman DeMaio Councilman Perone Absent: Supervisor Vandernoot Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Barasch - Chief of Police Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of January 4, 1978 were presented and on motion by Councilman McMillan, seconded by Councilman DeMaio, approved as submitted. The minutes of the regular meeting of March 1, 1978 were presented and on motion by Councilman McMillan, seconded by Councilman Perone, approved as submitted. Councilman DeMaio abstained from voting since he had not been in attendance at that meeting. PUBLIC HEARING: Full Stop Signs On motion by Councilman Perone, 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 the Notice of Hearing for the record. In reply to Councilman Bloom's invitation for anyone present to address the Board, asking first for those in favor, then those in opposition to the stop signs, Monte Engler, 46 Glenn Road, Shelly Cushner, 83 North Chatsworth Avenue and Elliot Howard, 112 North Chatsworth Avenue all spoke in favor citing various incidents involving the many children in the area and the great speed with which some cars travel since there is neither a traffic light nor stop signs. Juliet Warshauer, 30 Doris Lane, also speaking in favor, noted that although she thought a yield sign would relieve the situation, the investigation by the Traffic Commission showed that the stop sign would better serve the purpose. Some discussion followed regarding two-way versus -1- li four-way stop signs with clarification being made by Chief Barasch. Since no one wished to be heard in opposition to the stop signs, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. IIIThereupon, in response to Councilman Bloom's query as to the Board's pleasure, on motion by Councilman McMillan, seconded by Councilman Perone, the following resolution was adopted by unanimous vote of the Board: WHEREAS, the Police Commission requested that Chapter 81, Article II of the Code of the Town of Mamaroneck as last amended be further amended so as to provide for the installation of Full Stop Signs at the Northeast corner of Doris Road at the intersection of Fairway Drive; the North- east and Southwest corners of Fairway Drive at the intersection of Doris Road; the Southwest corner of Barnwall Lane at the intersection of Fairway Drive; the Northeast corner of Barnwall Lane at the intersection of Stonewall Lane; and the Northeast and Southwest corners of Glenn Road at the intersection of North Chats- worth Avenue making this a 4-way stop intersection, all in the Town of Mamaroneck; III and WHEREAS, a public hearing thereon was duly held before this Board on this date following publication of the Notice of Hearing as required by law; and WHEREAS, at said hearing all persons were I given an opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, that Chapter 81, Article II of the Code of the Town of Mamaroneck (Traffic Regulations) , as last amended by resolution of this Board adopted on February 2, 1977, is hereby further amended so as to provide for the installation of Full Stop Signs at the Northeast corner of Doris Road at the intersection of Fairway Drive; the Northeast and Southwest corners of Fairway Drive at the intersection of Doris Road; the South- "' corner of Barnwall Lane at the inter- section of Fairway Drive; the Northeast corner of Barnwall Lane at the intersection of Stonewall Lane; and the Northeast and Southwest corners of Glenn Road at the intersection of North Chatsworth Avenue -2- making this a 4-way stop intersection, all in the Town of Mamaroneck pursuant to Section 1660, subdivision 1 of the Vehicle and Traffic Law as "stop intersections", and stop signs conforming in all respects with the provisions of Section 1682 and 1683 of the Vehicle and Traffic Law; and be it further RESOLVED, that the Town Clerk of the Town of Mamaroneck is hereby authorized and directed to post and publish this resolution as required by law. Chief Barasch stated that the painting of crosswalks and the installation of the signs will be done as soon as weather permits and asked that the residents please bear this in mind. OLD BUSINESS 1. Home Rule Request - Village of Mamaroneck - Coterminous Town/Village Councilman Bloom referred to the resolution adopted by this Board at its regular meeting of December 7, 1977 supporting the above captioned subject, and presented a letter addressed to the Town Clerk by Senator Joseph R. Pisani under date of February 28, 1978, enclosing the Home Rule request forms and pursuant to the Board's order that the letter be herewith received and filed, on motion by Councilman Perone, seconded by Councilman DeMaio, it was unanimously RESOLVED, that this Board hereby authorizes the execution of the Home Rule request forms for Senate Bill 8022 permitting the Board of Elections of Westchester County to conduct a special election for a referendum of eligible voters on the question of the Village of Mamaroneck becoming a coterminous Town-Village of Mamaroneck Harbor. 2. Engineer's Report - Urban County Charles Elfreich, Town Engineer, presented his memorandum addressed to the Town Board under date of March 14, 1978, herewith ordered received and filed, and reported that the Town of Mamaroneck's request for funds for local flood control work along the Sheldrake River had been approved. Mr. Elfreich further noted that although the Town had requested $155,000. for this project, he was pleased with the appropriation of $30,000. , since some communities had received no funds at all. In answer to a question from Councilman Bloom, he explained that the Town would begin work on the lower Sheldrake at Larchmont Gardens Lake and proceed upriver, noting that the previous funds appropriated through Urban County had been used to alleviate flooding also. -3- 3. Report of Bids - Highway Equipment Following Councilman Bloom's review of the Board's prior rejection of all bids and its authorization for readvertisement, he enumerated the bids as outlined in the Town Engineer's memorandum addressed to the Board under date of March 13, 1978, herewith ordered received and filed as a part of the record of this meeting. A somewhat lengthy discussion ensued with Councilmen DeMaio and Perone questioning the number of bids as well as specifics regarding performance. Mr. Elfreich noted that five (5) vendors had picked up the specifications and that he did not know why they had not returned bids and further noted that based on the experience of Larchmont Village, diesel fuel was more economical and was important for maintenance. Chief Barasch added that he had received quite satisfactory service from New Rochelle Dodge. Thereupon, on motion by Councilman DeMaio, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby accepts the bids of the low bidders for the following: Truck No. 1 - 1978 Pickup New Rochelle Dodge - $ 5,149.03 Truck No. 2 - 1978 Pickup Hory Chevrolet - $ 5,049.00 On motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby accepts the bids of the only bidders for the following: Truck No. 3 - 1978 Stake Body Dump Willow Motors - $12,549.00 Truck No. 4A - 1978 Chassis (Diesel) Willow Motors - $11,486.00 4. Set Date for Public Hearing - Application for New Gasoline Station Councilman Bloom presented a memorandum addressed to the Town Board by the Planning Board under date of March 14, 1978, herewith ordered received and filed, relative to the application by BP Oil, Inc. for a special permit for a new gasoline station which was referred to the Planning Board on February 15, 1978. Mr. Bloom noted that since the Planning Board at its meeting of March 8, 1978 recommended that the request be approved and recommended certain conditions, it was now in order for this Board to set a date for a public hearing and thereupon on motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that a public hearing will be held by this Board at its next regular meeting on Wednesday evening, April 5, 1978 in the Auditorium or Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of considering the application of BP Oil, Inc. for a special permit to construct a gasoline station on the corner of Boston Post Road and Dillon Road; -4- and be it further RESOLVED, that the Clerk be and she hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, the Notice of said hearing as required by law. IIINEW BUSINESS 1. Authorization - Reimbursement for Town Clerk's Election Duties Following the presentation of a letter addressed to the Town Clerk by the Commissioners of the County Board of Elections under date of February 1, 1978, herewith ordered received and filed and pursuant to a brief discussion, the above captioned matter was tabled for the Board's further study. 2. Salary Authorization - Recreation Councilman Bloom presented a memorandum addressed to the Board by the Recreation Superintendent under date of March 14, 1978, herewith ordered received and filed, and on motion by Councilman McMillan, seconded by Councilman DeMaio, it was unanimously RESOLVED, that as provided for in the 1978 Town Budget, this Board hereby authorizes the hiring of Barbara Reilly as Recreation Assistant, Women's Physical Fitness, replacing III . Ingrida Meimis, to be compensated at the rate of $18.00 per session, effective February 15, 1978. COMMUNICATIONS 1. Notice of Public Hearing - Village of Larchmont Zoning Board The aforesaid Notice was herewith presented and ordered received and filed. NOT ON AGENDA At this time Mrs. Barbara Evangelista of 1400 Raleigh Road, Mamaroneck, representing the PTA at Mamaroneck Avenue School, addressed the Board and related the circumstances surrounding the cancellation, due to a snowstorm, of their PTA sponsored ice skating party which was to be held at the Houuuocks Ice Rink. In the ensuing discussion Mrs. Evangelista pointed out that she thought a policy or ruling regarding refunds should be established since the fee they had paid in advance was not III returned after they had to cancel their party. In answer to Councilman DeMaio's question it was further noted that representatives from the Mamaroneck Avenue School PTA had attended the most recent Recreation Commission meeting and were told by the members of that Commission that such a policy would be considered and that she was in attendance this evening to apprise the Town Board of the situation. -5- TOWN CLERK Regular Reports The Annual Report of the Police Department for the year 1977 was herewith presented and ordered received and filed. Councilman Bloom commented on several impressive items in the Chief's report and Councilman Perone noted that the canine corps is now in full operation. For the record, the Clerk presented the Affidavit of Publication of the Summary of the Supervisor's 1977 Annual Report which was herewith ordered received and filed. THE COUNCILMEN Mr. Bloom 1. Appointment - Conservation Advisory Commission Councilman Bloom referred to the resignation in January of Harold Weitzner from the Conservation Advisory Commission and reported that the CAC had recommended that Robert C. Barrett be appointed to fill the vacancy. Thereupon, pursuant to presentation of Mr. Barrett's qualifications, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby appoints Mr. Robert C. Barrett, 4 Oak Avenue, Village of Larchmont a member of the Town of Mamaroneck Conservation Advisory Commission to fill the vacancy created by the resignation of Harold Weitzner and to serve for the unexpired portion of his term of office or until December 31, 1979; and be it further RESOLVED, that this resolution is subject to the adoption of a similar resolution by the Village of Larchmont; and be it further RESOLVED, that Mr. Barrett be notified accordingly. 2. Apportionment Councilman Bloom presented the following apportionment and on motion by Councilman DeMaio, seconded by Councilman McMillan, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented 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 II -6- 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 1977- 78 taxes of 1978, which shows property now appearing on the roll as follows: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 942 1 William M. Kahn $24,600. $37,700. $62,300. be apportioned as follows in accordance with the provisions of Subdivision 5 of Section 557: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 942 1 William M. Kahn $15,700. $37,700. $53,400. 942 20 G. Marshall $ 8,900. $ 8,900. NOT ON AGENDA - Mr. Perone Councilman Perone made brief reference to a letter he had received from Congressman Ottinger relative to the proposed release of certain project funds which were previously frozen and suggested that the Town Engineer look into the possibility of the Town receiving said funds. Councilman Perone also made a brief report on his attendance at a Tenants Association meeting held at 1299 Palmer Avenue and noted that he would be passing on certain items discussed at the meeting to the Building Inspector and further complimented the tenants for the orderly manner in which they conduct their meetings. THE TOWN ATTORNEY 1. Authorization to Engage Auditor - Sarah Neuman Certiorari The Town Attorney in reporting on the status of the Sarah Neuman Nursing Home Certiorari proceeding in which the Home has requested an assessment reduction for seven (7) years, noted that the cost of an audit of the Home's 1976 income and receipts will be shared equally be the Town, Mamaroneck Village and the Mamaroneck School District and pursuant to Mr. Johnston's request, on motion by Councilman Perone, seconded by Councilman DeMaio, it was unanimously RESOLVED, that this Board hereby authorizes the engagement of the accounting firm of Bennett Kielson & Co. of New Rochelle to audit the income and receipts for 1976 of the Sarah R. Neuman Nursing Home at a fee not to exceed $4500, the cost of which is to be shared equally among the Town of Mamaroneck, the Village of Mamaroneck and the Mamaroneck School District. -7- 2. Report - Greenburgh Meeting - S.B.E.A. Mr. Johnston reported on his attendance at a meeting held in Greenburgh relative to the challenge of a State Board of Equalization and Assessment ruling requiring the Town to pay back $266,743. in taxes, and called to attention that the Town's needs would best be suited by joining Scarsdale and sharing in an estimated $10,000 to $12,500 cost for an appeal. Thereupon, on motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby authorizes the engagement of Martin S. Fink as Special Counsel to the Towns of Mamaroneck and Scarsdale in the appeal of the State Board of Equalization and Assessment's ruling to pay back taxes at a fee to be confirmed at a later date, which will be shared equally by the Towns of Mamaroneck and Scarsdale. The Town Attorney called to the Board's attention that he also learned at that meeting that the County of Westchester has ruled that they will not appeal the State Board ruling, nor will they contribute towards the cost of an appeal by any of the municipalities. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:49 P.M. , to reconvene on April 5, 1978. 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 Pursuant to the memorandum addressed to the Commission by the Deputy Comptroller under date of March 15, 1978, herewith presented and ordered received and filed, on motion by Commissioner Perone, seconded by Commissioner DeMaio, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: -8- AAA Emergency Supply Co. , Inc. $ 29.85 AAA Emergency Supply Co. , Inc. 3,460.00 Con Edison 15.00 Heaphy Cadillac, Inc. 439.20 Hills Signs, Inc. 472.00 I & T Plumbing & Heating Co. , Inc. 435.83 I & T Plumbing & Heating Co. , Inc. 359.55 Larchmont Hardware, Inc. 2.79 New York Telephone 401.34 New Rochelle Dodge, Inc. 5,291.90 The New Rochelle Water Co. 71.81 Office Essentials, Inc. 8.64 William E. Rickert Locksmith 2.25 Signacon Controls, Inc. 44.45 $ 11,034.61 2. Reports Commissioner Bloom presented the following report which was ordered received and filed for the record: Fire Report for the month of February 1978 3. Authorization to Advertise for Bids - Refurbishing Fire Headquarters Commissioner Bloom presented a letter addressed to Supervisor Vandernoot by Fire Chief Peter R. Perciasepe, Jr. under date of March 6, 1978, herewith ordered received and filed, requesting authorization to obtain bids for the refurbishing of Fire Headquarters.. Commissioner Bloom noted the condition of the Council Room, and suggested that authorization be given after details of the needed work are compiled and after specifications have been drawn up, which was unanimously so ordered by the Commission. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 10:00 P.M. , to reconvene on April 5, 1978. Town Clerk -9-