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HomeMy WebLinkAbout1975_02_05 Town Board Regular Minutes 19 2-5-75 MINUTES. OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD FEBRUARY 5th, 1975 IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor upervisor called the meeting to order at 8:15 p.m. ROLL CALL Present: Supervisor Helwig Deputy Supervisor Vandernoot Councilman Bloom Councilman White Councilman McMillan Absent: None Also Present: Mrs. Miller - Town Clerk Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meetings of October 2nd and 16th, 1974 were presented and, on motion duly made and seconded, approved as presented. OLD BUSINESS 1. Freedom of Information Law The Supervisor presented, in relation to the Freedom of Information Law, the proposed Regulations of the Town of Mamaroneck Relating to Inspection and Copying of Public Records, dated February 3rd, 1975, and asked if members of the Board had any further additions or changes to suggest. Following discussion, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby adopts the Regulations of the Town of Mamaroneck Relating to Inspection and Copying of Public Records as herewith presented and filed as part of the records of the meeting. Councilman Bloom indicated that this is a new procedure and it should be flexible to accommodate any future improvements, modifications and changes. Mrs. Helwig, in concurrence with Mr. Bloom, further suggested that the Regulations be re-evaluated and updated semi-annually to ensure the provision of convenient service to the residents of our community. The Supervisor noted that the Town must prepare and publish notice thereof and that a copy of the Regulations must be filed in Albany. - 1 20 2-5-75 NEW BUSINESS 1. Application for Special Permit - Frank Micelli - Block 131-Parcels 36 & 40 (to be referred to Planning Board Pursuant to Article IV, Sec. 432 of Zoning Ordinance) Pursuant to a memorandum addressed e to the Town Board from Mr. William Paonessa, Building & Plumbing Inspector in relation to the application submitted by Frank Micelli requesting a Special Permit to construct a one-story building for the pur- pose of maintenance and storage of buses on the aforesaid Parcels, and on Mr. Paonessa's recommendation, Councilman Bloom moved that this applicated be referred to the Planning Board and to the Conservation Advisory Commission for their study and recommendations which was so ordered. 2. Salary Authorizations a. Recreation Pursuant to memorandum addressed to the Board by the Superin- tendent of Recreation under date of January 24th, 1975, and herewith presented and ordered received and filed, on motion by Councilman White, seconded by Deputy Supervisor Vandernoot, it was unanimously RESOLVED, that the Board hereby authorizes the persons listed herebelow be compensated in the amount stated and effective on the date specified for each: Effective Name Title Salary Date Hummocks Ice Rink Matthew F. Carr Skate Guard $2.00 per hr. 1-11-75 James A. Capparelli Custodian 3.50 per hr. 1-11-75 Juris Miemis Skate Guard 4.00 per hr. 1-11-75 Walter Stapleton Recreation Ass't 1-11-75 (Ice Hockey Program)28.00 per sess. William Swenson Recreation Asst 2.85 per hr.2-3-75 Beresford 0. Walker Custodian 3.50 per hr.l-11=75 b. Court Clerk - Part-time Pursuant to memorandum addressed to the Board by Carmine A. DeLuca, Comptroller, dated January 30th, 1975, and herewith ordered received and filed, on motion by Councilman Bloom, seconded by Councilman White, it was unanimously RESOLVED, that this Board hereby appoints Mrs. Janet Farrand, Court Clerk, part-time, and that she be compensated at the rate of $3.00 per hour, effective as of February 10, 1975. 3. Request from Comptroller's Office for Authorization to sell Machines in Assessor's Office Pursuant to Memorandum addressed to the Town Board by Carmine A. DeLuca, Comptroller, under date of February 5th, 1975, and herewith ordered received and filed, recommending that the sale of certain machines be negotiated at the best possible price, including the cost of moving, rather than the usual procedure of bidding, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously - 2 - 21 2-5-75 RESOLVED, that this Board hereby authorizes the sale of the following equipment: 1-Model #1950 Three Column Lister and 1-Model #6341 Graphotype, said sale being negotiated at the best possible price. Not on Agenda-- The Supervisor-- Mrs. Helwig brought to the attention of the Board proposed resolutions received from the Association of Towns to be acted upon at the forthcoming meeting on February 10th and 11th, particularly in reference to a 1% tax levy on public utilities, a circuit breaker tax relief and the Coastal Zone Management Act of 1972. The Supervisor reviewed each of the resolutions with the members of the Board requesting their advice either in favor of or against the aforementioned so that she, as official delegate of this municipality, could vote accordingly. COMMUNICATIONS 1. Resignation of John T. Fitzgerald - Tenants' Council The Town Clerk presented a letter addressed to the Supervisor from John T. Fitzgerald, under date of January 17, 1975, tender- ing his resignation from the Tenants' Advisory Council which was ordered received and filed. Whereupon on Councilman McMillan's motion, seconded by Council- man Vandernoot, it was unanimously RESOLVED, that this Board hereby accepts with regret the resignation of John T. Fitzgerald, effective January 17th, 1975, from the Tenants' Advisory Council and records its appreciation of Mr. Fitzgerald's efforts and contributions to this community and residents through his service as a member of the Tenants ' Council. 2. Resolution - Town of Mount Pleasant (re: Real Property Tax Law) Mrs. Helwig presented a letter addressed to the Supervisor, Town of Mamaroneck under date of January 31st, 1975 from Helen D. Logan, Town Clerk, Town of Mt. Pleasant, including a copy of a Resolution adopted at their meeting of January 28, 1975 in reference to Real Property Tax Law, which was ordered re- ceived and filed for the record. The Supervisor reviewed the contents of the Resolution with the members of the Board, taking note that this Resolution had been forwarded to the Association of Towns of the State of New York requesting endorsement and support of its adop- tion at the present session of the New York State Legislature. After a brief discussion, including questions and answers relating to the effect its adoption would have on the Town of Mamaroneck, the members of the Board agreed that further study and investigation was in order before making a decision on this matter. - 3 - 22 2-5-75 3. Assemblyman Richard E. Mannix - Deadline for Introduction of Bills The Supervisor presented a Memo from Assemblyman Richard E. Mannix under date of January 28th, 1975 addressed to Boards of all Local Governments calling attention to the March 4th, 1975 Deadline for Introduction of Bills which was ordered received and filed for the record. REPORTS The Town Clerk-- The Clerk presented the following reports which were ordered received and filed. Report of the Building and Plumbing Inspector for the month of January, 1975. Affidavit of Publication of the Notice requiring the examination of the Accounts and Fiscal Affairs of Fire District No. 1 of the Town of Mamaroneck for the period January 1, 1971 through December 31, 1973, published in The Daily Times on January 30, 1975. Not on Agenda-- The Supervisor-- On behalf of Mr. Paonessa, Building Inspector, Mrs. Helwig reported his action relating to the posting of emergency telephone numbers in a conspicuous place in all multiple dwellings. As the result of a request made by Mr. Paonessa, the County has sent letters to owners of the apartments notifying them of their non-compliance with the Westchester County Sanitary Code relative to the posting requirements. THE SUPERVISOR 1. Announcement - Dedication of Ice Skating Rink, February 17th, 1975 The Supervisor, with great pleasure, announced the formal dedication of the Hummocks Park Skating Rink on Monday, February 17th, 1975 at 1:00 p.m. and cordially extended an open invitation to all residents to participate in this most memorable occasion. The Deputy Supervisor-- Mr. Vandernoot-- 1. Apportionment Upon Mr. Vandernoot's presentation of the following apportion- ment and on his motion, seconded by Councilman Bloom, the following resolution was unanimously adopted: - 4 - 23 2-5-75 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 WHEREAS, after due consideration, this Board finds it desirable to grant said petition for the correction of said assessment roll; NOTE THEREFORE, BE IT RESOLVED, that the assessment roll of 1974-5 school taxes of 1975, which shows property now appearing on the roll as follows: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 950 44 Edgar Minton $26,000. $28,200. $54,200. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 950 44 Edward Weinberg & W.$14,500. $28,200. $42,700. 950 58 Edgar Minton $11,500. $11,500. Not on Agenda-- 2. Agreement with CSEA The Deputy Supervisor announced this evening that a 2-year contract agreement has been reached with the Town's Civil Service Employees Association which has been ratified by the membership and is now in the process of being drawn up for formal signing, indicating that details will be available shortly. Mr. Vandernoot also stated that a verbal agreement had been reached with the Police Benevolent Association and noted that the settlement is within the funds provided in the budget for 1975. The Deputy Supervisor, who also has been negotiating other contracts for the Town Board commented that, although there is one more "wrinkle" in the Fire Contract, settlement is near. In relation to the Sanitation- employees, Mr. Vandernoot indicated that after a verbal agreement with the negotiating team, the men "turned the proposed contract down" and a Fact Finder has been requested by the Union. The Supervisor congratulated Mr. Vandernoot on his fine efforts with all of the negotiations. - 5 - 24 2-5-75 Not on Agenda-- Councilman McMillan-- Councilman McMillan formally presented a written statement addressed to the Town Council from himself, dated February 5th, 1975 which he requested be inserted in the Minutes of this meet- ing re a specific certiorari dated 1963 against the Town of Mamaroneck. Mr. McMillan stated that his purpose in presenting this state- ment was to avoid any future confrontation re conflict of in- terest in relation to the involvement of a partner in his New Rochelle law firm in a Certiorari proceeding against the Town. The Councilman clearly emphasized that he, personally, has nothing to do with the case, does not stand to benefit finan- cially from its outcome, and that if the Council is asked to agree on a settlement for the property involved, he would not participate in the decision. In further clarification of his position, Mr. McMillan pointed out that this particular pro- ceeding is 10-years old, and therefore was instituted before he joined the firm or became a member of the Town Council and that normally his firm does not accept any work involving an action against the Town. Mrs. Russell questioned Mr. McMillan's position as an elected Town official, and stated that she felt that a conflict of interest definitely existed in view of his partners in the law firm being the attorneys in a suit against the Town of Mamaroneck. A lengthy discussion followed in response to Mrs. Russell's comment. Councilman White said that Mr. McMillan's statement re conflict of interest was certainly in excess of the required need--indicat- ing that there is often a potential conflict of interest which can only be resolved by the sensitivity of the individual involved. The Town Attorney-- 1. Report - Con Edison Special Franchise Assessment The Supervisor reported that Mr. Johnston's absence was due to illness and therefore the Con Edison Franchise Assessment Report would not be given. 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 19th, 1975. 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 payment by Commissioner Bloom and on his motion, seconded by Commissioner Vandernoot, it was unanimously - 6 - 25 2-5-75 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: R. G. Brewer, Inc. $ 13.11 Excelsior Garage & Machine 191.96 Franklin Cleaners 236.80 New York Telephone Co. 234.97 New York Telephone Co. 11.34 William Smith Supplies 70.85 The State Insurance Fund 7,244.39 Total $8,003.42 Commissioner Bloom commented on the unusually high cost of claims this month, calling particular attention to the amount of $7,244.39 due to The State Insurance Fund. 2. Report Commissioner Bloom presented the following report which was herewith ordered received and filed. Report of the Fire Department for the month of January, 1975. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:20 p.m. , to reconvene on February 19th, 1975. DILLOSIM- Town el2L - 7 -