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HomeMy WebLinkAbout1978_12_29 Town Board Regular Minutes 0 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD DECEMBER 29, 1978, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER IIIThe Supervisor called the meeting to order at 8:15 P.M. ROLL CALL Present: Supervisor Vandernoot 'Councilman Bloom Councilman McMillan Councilman DeMaio - Councilman Perone Absent: None Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer Mr. Leddy - Conservation Director PUBLIC HEARING: Parking Fees III On motion by Councilman McMillan, Seconded by Councilman Perone, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Town Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing and read into the record said Notice as requested by the Supervisor who gave a brief overview of the need for the increase in fees. Beth Nelkin of 20 Mohegan Road, Town spoke in favor of the increase and re- quested that some incentive be given to those wishing a 1/2 year permit. Howard S. Benedikt, 28 Byron Lane, Town also spoke in favor of the in- creased fees and commented further about non-residents being issued permits. Considerable discussion centered around the long waiting list of residents wishing daytime parking permits in Lot #1, elimination of some metered spaces to allow for more permit spaces and the amount to be charged to non-residents for a parking permit. Irving Scharf, 334 Richbell Road, Town and Wilfred Nadeau, 172 Myrtle Boulevard, Town, spoke against the increase citing the taypayers being overburdened with various fees. Mr. Nadeau further noted the lack of large enough signs and Mrs. Caroline Thompson of Chatsworth Gardens, Town indicated the lack of sufficient lighting in Lot #3. III Following a considerable amount of discussion relative to restricting permits to residents only, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board table the decision on _ the increase of the parking fees until the next Board meeting on January 3, 1979 so as to allow the Town Attorney time to look into the matter of restricting parking permits to Town residents only and for the Board to further study the feasibility of removing some meters to allow more permit parking. -1- Following the Town Clerk's notation to the Board that the 24 hour and overnight parking permits will expire on December 31, 1978 which will be before the next Town Board Meeting, on motion by Councilman DeMaio, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the extension for one month of the parking permits which will expire on December 31, 1978 OLD BUSINESS 1. Adoption of 1979 Budget Supervisor Vandernoot called to attention that the Board had given considerable study to the Preliminary Budget and had made many changes and referred to a typed handout outlining the adjustments made to the 1979 Preliminary Budget. Considerable discussion followed the Super- visor's review of the various changes and the following persons addressed the Board including each member of the Town Board: Beth Nelkin, President of the Larchmont League of Women Voters Ralph Fisher, spokesman for the Property Owners Association Fire Chief Peter Perciasepe and several others who did not identify themselves for the record. And thereupon, pursuant to the Supervisor's query as to the Board's pleasure, on motion by Councilman DeMaio, seconded by Councilman Bloom, the following resolution was adopted by a majority vote of the Board, with Councilmen Bloom, McMillan and DeMaio and Supervisor Vandernoot voting in the affirmative and Councilman Perone voting in the negative: WHEREAS, this Town Board has met on December 6th at the time and place specified in the Notice of Public Hearing on the adoption of a Prelim- inary Budget for 1979 and has heard all persons desiring to be heard and WHEREAS, the Preliminary Budget as approved on November 15th has been modified as of this date; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby adopt such Preliminary Budget as modi- fied as the Annual Budget of this Town for the fiscal year beginning on the first (1st) day of January, 1979, and 1 that such budget as so adopted be entered in detail in the minutes of the Proceedings of this Town Board; -2- and be it further RESOLVED, that the Town Clerk of this Town shall prepare and certify, in duplicate, copies of said Annual Budget as adopted by this Town Board, together with the estimates, if any, adopted pursuant to section 202-a, subdivision 2 of the Town Law, and deliver one (1) copy thereof to the Supervisor of this Town to be presented by him to the County Board of Legislators of this County; and be it further RESOLVED, that for the fiscal year 1979 the sum hereinafter set forth in the attached budget be levied, assessed, and collected upon the taxable properties in the Town of Mamaroneck outside of the Villages of Larchmont and Mamaroneck (Part Town) , the properties of the several districts and the several parcels of taxable property, fran- chise and assessments, and persons within the Town and within such special districts, be extended on the tax roll of the Town of Mamaroneck against each of the several par- cels affected by such assessments, or parts thereof; and be it further RESOLVED, that pursuant to the provisions of Chapter 654 of the Laws of 1927 as amended, and the provisions of Article 12 Chapter 61 of the Consolidated Laws, known as the Town Law, as amended, there be levied against the several lots and parcels of land contained upon the state- ment hereto annexed and marked "Exhibit A", the several sums set forth opposite each such parcel or lot of land on such state- ment as and for unpaid water charges due upon said lots or parcels, which said sums shall be placed in a separate column of the tax roll of the Town of Mamaroneck under the name "Water Rents". 2. Set Date for Public Hearing - Special Permit Application - Proposed Restaurant Following presentation by the Supervisor of a memorandum addressed to the Board by the Planning Board under date of December 15, 1978, here- with ordered received and filed, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that a Public Hearing will be held by this Board at its next regular meeting on January 3, 1979 in the Auditorium of the Weaver Street Firehouse, Town of Mamaroneck for the purpose of considering an application for a Special Permit for a proposed restaurant; and be it further -3- 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 said Hearing as required by law. 3. Resolution - Accept Compromise Settlement re New Haven Taxes Pursuant to Supervisor Vandernoot's presentation of a letter addressed to the Comptroller by John B. Garrity representing the New York, New Haven and Hartford Railroad Company under date of December 5, 1978, herewith ordered received and filed, on motion by Councilman Perone, seconded by Councilman McMillan, the following resolution was adopted unanimously by the Board: WHEREAS, the New York New Haven and Hartford Railroad Company has filed a petition for reorganization under the Federal Bankruptcy Acts; and WHEREAS, certain payments have not been made by New York, New Haven, and Hartford Railroad Company for real property taxes imposed by the Town of Mamaroneck, for the period of 1961 to 1968; and WHEREAS, the Trustee of the New York, New Haven and Hartford Railroad Company, has offered a settlement and compromise of outstanding real property tax claims by the payment of 50% of the principal amount of such taxes levied, a copy of which offer is on file with the Clerk of the Town of Mamaroneck; and WHEREAS, under such compromise, said partial pay- ment of taxes to be made will be in full settlement including interest and penalties which are abated; and WHEREAS, upon receipt of such partial payment by the Tax Enforcement District in said Town of Mamaroneck, such Railroad Company will be released from any and all tax claims; and WHEREAS, the settlement amount the Railroad Company has proposed to pay, is to be paid in cash promptly; and WHEREAS, by reason of the foregoing, uncertainty exists with respect to the ability and authority of said Town of Mamaroneck to recover the full amount of such unpaid taxes with penalties and interest if it does not accept said compromise; and -4- en, WHEREAS, Chapter 709 Laws of 1977 being sections 1096, dt. seq. of the Real Property Tax Law of the State of New York, authorizes Tax Enforcement Dis- tricts including Towns to compromise unpaid taxes levied or assessed against real properties or rail- road corporations in receivership or otherwise under the jurisdiction and control of a district court of the United States upon a determination by the Leg- "' body of the Tax Enforcement District that it is in the best interest of said Town to effect such a compromise; and WHEREAS, New York, New Haven and Hartford Railroad Company is in reorganization under the Federal Bankruptcy Acts and is under the jurisdiction and control of the United States District Court; and WHEREAS, in order for the Town of Mamaroneck to accept said compromise, the Town must, by its Town Board, by resolution, accept said offer of compromise and upon receipt of payment said Town must execute and deliver to the Trustee a receipt and release; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby determine that it would be in the best interest of this Town of Mamaroneck to compromise the unpaid taxes owed to the Town of Mamaroneck, by the New York, New Haven and Hartford Railroad Company, on the basis herein above set forth, the offer of the Trustees of said company to pay the sum of $15,391.65 in full payment and settlement of all property taxes including pen- alties and interest against said Railroad Company heretofore unpaid, is accepted, and to release said Railroad Company from any claim it may have for such property taxes heretofore unpaid, and any lands in connection herewith; and be it further RESOLVED, this Town of Mamaroneck does hereby accept such compromise, and the Supervisor be and he hereby is authorized to execute and deliver in the name of and on behalf of the Town of Mamaroneck, Westchester County, New York, to the aforesaid Trustees of the New York, New Haven and Hartford Railroad Company its receipt and release, and any and all other papers and documents that may be required in order to give effect to such compromise. NEW BUSINESS III 1. Comptroller's Request - Authorization for Blanket Resolution Budget Transfers Pursuant to presentation of the Comptroller's memorandum under date of December 20, 1978, herewith ordered received and filed, and fol- lowing some discussion, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously -5- RESOLVED, that this Board hereby authorizes the Comptroller to make all transfers of funds within the 1978 budget necessary to close out the books for the end of the fiscal year 1978. III 2. Salary Authorizations a) Police A letter addressed to the Town Board by the Chairman of the Board of Police Commissioners under date of December 12, 1978 was herewith presented and ordered received and filed for the record and on motion by Councilman Perone, seconded by Councilman DeMaio, it was unanimously RESOLVED, that this Board hereby authorizes that effective January 1, 1979 Paul Munch be compen- sated at the annual rate of $21,723. due to being appointed Sergeant. b) Engineering Aides Pursuant to the Comptroller's memorandum addressed to the Board under • date of December 19, 1978, herewith presented and ordered received and filed, on motion by Councilman DeMaio, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes that Elizabeth Tebbens, Jr. Engineering Aide be com- pensated at the rate of $3.25 per hour, effective December 18, 1978; William Neumeister, Jr. Engin- eering Aide, be compensated at the rate of $3.50 per hour, effective December 20, 1978 and Mario Ricozzi, Jr. Engineering Aide, be compensated at the rate of $3.50 per hour, effective December 21, 1978. 3. Resignation - Roberta L. Fischer The Clerk presented a letter addressed to her by Roberta L. Fischer under date of December 19, 1978, tendering her resignation which was ordered received and filed for the record. Both the Supervisor and the Town Clerk spoke of Mrs. Fischer's dedi- cated service, fine job performance and good public reglations representation in the Town Clerk's Office, and thereupon, on motion duly made and seconded, it was unanimously RESOLVED, that this Board with regret, accepts the resignation of Mrs. Roberta L. Fischer, from the staff of the Town of Mamaroneck, effective December 29, 1978, and expresses its thanks and appreciation to her for the services rendered to the Town and adds best wishes to her in her future endeavors. COMMUNICATIONS 1. Letter, League of Women Voters of Larchmont Supervisor Vandernoot acknowledged receipt of a letter addressed to -6- him by Beth Nelkin, President of the Larchmont League of Women Voters under date of December 18, 1978 which was ordered filed, and thanked the League for their recommendations. 2. Westchester Joint Water Works - 3rd Quarterly Report The 3rd quarterly report of the Westchester Joint Water Works General Fund was presented by Supervisor Vandernoot and herewith ordered re- ceived and filed. THE SUPERVISOR 1. Approval - Section 8 - Rent Subsidy Application Mr. Vanternoot acknowledged with pleasure the receipt of a letter addressed to him by the Area Manager of HUD under date of December 4, 1978, herewith ordered filed, and noted that the approval of the 30 additional units under the above captioned program being the total to 205. THE COUNCILMEN NOT ON AGENDA Mr. DeMaio Councilman DeMaio thanked all who responded to his request and sub- mitted names for the Library Board. Mr. McMillan 1. Narcotics Guidance Council a) Resignation Councilman McMillan presented the letter addressed to the Supervisor and the Town Board by Janice Towers under date of December 8, 1978, herewith ordered received and filed, and on motion duly made and seconded, it was unanimously so ordered that this Board thanks Dr. Feuerbach for his long and excellent leadership and expresses its pleasure that he will remain active on the Council. b) Appointments In furtherance to the above matter, Mr. McMillan advised the Board that two members currently serving on the Council were selected to serve as co-chairpersons and on motion duly made and seconded, it was with pleasure that this Board unanimously approves the Narcotics Guidance Council's selection of Alan Scott and Robert Polstein as co-chairpersons. • NOT ON AGENDA Supervisor Vandernoot called to attention that this was Councilman Perone's last time sitting on the Town Council and reiterated his tenure on the Board. Each of the Councilman joined the Supervisor in offering complimentary phrases about Mr. Perone who in turn bid farewell to his colleagues with high praise and the presentation of a framed 1864 map -7- of the Town for each one. Councilman Perone read a prepared speech and cited individual members of the "Town Family" as being of immeasurable assistance to him. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:50 P.M. , to reconvene on January 3, 1979. 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 memorandum addressed to the Commission by the Deputy Comp- troller under date of December 20, 1978, herewith presented and ordered received and filed, on motion by Commissioner Bloom, seconded by Commissioner McMillan, 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: Bender Building Materials Co. $ 9.00 Brewer True Value Hardware 15.25 Excelsior Garage & Machine Works 327.88 Exterminating Services Co. 10.78 Grant's Florist & Greenhouse 163.00 Larchmont Glass & Mirror Co. 20.00 Larchmont Hardware 27.90 McGuire Bros. , Inc. 28.00 John Musacchio, Jr. 33.00 " " 175.00 New York Telephone Co. 18.77 418.24 Mrs. Norma E. Perciasepe 96.00 Portronix Communications Inc. 22.00 Village Paint Supply Inc. 16.48 " 108.48 $1,489.78 2. Reports Commissioner Bloom presented the Fire Report for the month of November 1978 which was ordered received and filed for the record. 3. Other Business There was no other business to come before the Commission. -8- ADJOURNMENT There being no further business to come before the Fire Commission, on motion duly made and seconded, it was declared adjourned at 10:52 P.M. , to reconvene on January 3, 1979. 1 1 • I Town Clerk III 1 1 I 1 1 -9- •