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HomeMy WebLinkAbout1975_03_19 Town Board Regular Minutes 3$ 3-19-75 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MARCH 19th, 1975, IN THE AUDITORIUM 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. Present: Supervisor Helwig Deputy Supervisor Vandernoot Councilman Bloom Councilman White Councilman McMillan 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 - Director of Conservation APPROVAL OF MINUTES The minutes of the regular meetings of December 10th, December 18th, 1974 and January 8th, 1975 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING 1. Special Permit - Block 131, Parcels 36 & 40, Mr. Frank Micelli On motion by Deputy Supervisor Vandernoot, seconded by Council- man Bloom, it was unanimously RESOLVED, that the hearing is declared open. The Town Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record and read the following memoranda addressed to the Supervisor and the Town Board which were ordered received and filed for the record: Building & Plumbing Inspector 1-31-75 Planning Board .2-18-75 Conservation Advisory Commission 2-20-75 Town Engineer & Building & Plumbing 3-17-75 Inspector Councilman Bloom called to attention the memorandum of the Building Inspector and Town Engineer dated March 17th which recommended an alternative to the dry well proposed by the Conservation Advisory Commission for preventing oil pollution in the storm drainage system. The Supervisor then inquired whether the Board had any further comments and since not, stated first those in favor of the application, then those opposed would be heard. - 1 - 39 3-19-75 In Favor: Mr. Frank Auleta, Attorney Mr. Auleta, after introducing his client, spoke briefly to the application, concluding his remarks by stating that his constit- uents were certainly willing to comply with any recommendations set forth by the Town Board as a condition to granting of the Special Permit. In Opposition: No one. And thereupon since no one else wished to be heard, on motion by Councilman Vandernoot, seconded by Councilman Bloom, it was unanimously RESOLVED, that the hearing is hereby declared closed. The Supervisor then inquired the Board's pleasure, whereupon Councilman Bloom moved that the application be approved sub- ject to the conditions recommended by the Planning Board and Conservation Advisory Commission. This motion was seconded by Councilman White, and the following resolution thereupon adopted by unanimous vote: WHEREAS, Frank Micelli has submitted an application to construct a building to be located on property on the east side of Valley Place known as Block 131, Parcels 36 & 40 on the Tax Assessment Map of the Town of Mamaroneck for the construction of a one- story building (40' x 40') for the maintenance and storage of buses; and WHEREAS, the said application and plans are subject to a Special Permit to be granted pursuant to Article IV, Section 432 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, the application has been duly referred to the Planning Board and the Conservation Advisory Commission for study and recommendation; and WHEREAS, a public hearing was duly called before this Board for this meeting pursuant to Section 432 of the Zoning Ordinance; and WHEREAS, the Board has examined the plans and finds that the conditions and standards required by Sec- tion 432 of the Zoning Ordinance of the Town of Mamaroneck have been met; NOW, THEREFORE, BE IT - 2 - 40 3-19-75 RESOLVED, that pursuant to the recommendations of the Planning Board and the Conservation Ad- visory Commission, the application of Frank Micelli is hereby granted and the Building and Plumbing Inspector of the Town of Mamaroneck authorized to issue a Special Permit for the construction of a one-story building (40' x 40') for the maintenance and storage of buses, pro- - vided that the proposed construction conforms in all respects with the Building Code, the Plumbing Code, and the Zoning Ordinance of the Town of Mamaroneck; and also complies with the provisions set forth below subject to approval by the Town Building and Plumbing Inspector and the Town Engineer; 1) that provisions be made for the installation of a 550-gallon underground tank for the storage of waste oil; 2) that provisions be made for the disposal of waste water from washing equipment, etc. into a sanitary sewer in conformance with the Plumbing Code of the Town of Mamaroneck; 3) that off-street parking facilities be provided for all employees or persons for which the building and use is designed in conformance with the off-street parking requirements of the Zoning Ordinance of the Town of Mamaroneck; and be it further RESOLVED, that Building Permit is obtained within a period of three (3) months from the date of the adoption of this resolution; that construction is started within a period of six (6) months and com- pleted within a period of one (1) year. The Clerk was directed to forward certified copies of the foregoing resolution to the applicant and Building Inspector upon approval of the minutes of this meeting. OLD BUSINESS 1. Memo from Assessor re Protest on State Equalization Rate Report The Clerk read a memo addressed to the Supervisor by the Assessor under date of March 17th, 1975 which was ordered received and filed for the record. The Supervisor explained that the recommendation and compar- ison as reported by the Assessor covered the latest report to the State Board of Equalization and Assessment on the applica- tion of rates for 1971 and 1972 which, in the case of the Town of Mamaroneck, resulted in a great loss in revenue. - 3 - 41 3-19-75 Mr. Johnston, the Town Attorney, stated he, upon instruction Of the Town Board, has been working with attorneys from Scars- dale and other Towns who have joined in protesting this pro- cedure. NEW BUSINESS 1. Authorization to Retain Services of Special Counsel - Beekman Estate Certiorari Pursuant to a memorandum addressed to the Supervisor under date of March 14th, 1975 from the Assessor in relation to the pending Certiorari Proceedings of The Beekman Estates, Inc. against the Town of Mamaroneck, Village of Mamaroneck and the Union Free School District #1 and upon the mutual agreement to unite in sharing, on an equal basis, the total costs in- volved in retaining a special counsel to represent the respon- dents, on motion by Councilman White, seconded by Deputy Super- visor Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes the Assessor to share in engaging the ser- vices of Mr. Frederick J. Martin, Attorney, from the firm of Bleakley, Platt, Schmidt & Fritz of White Plains, New York, in con- nection with the pending Certiorari Proceed- ings on the premises known as Block 914, Par- cels 1, 15 and 311, located at 101-147 Fenimore Road in the Village of Mamaroneck, on an equal basis (1/37), with the Village of Mamaroneck and the Union Free School District #1, at a fee not to exceed $75.00 per hour, for an estimated 100 hours. 2. Fixing Date for Public Hearing to Increase Senior Citizen Exemption 1975-1976 Tax Roll The Supervisor presented a memorandum from the Assessor under date of March 10th, 1975 in which she explained that the County Board of Legislators had unanimously approved an increase in the annual income amount from $6,000 to $6500 for tax abatements for senior citizens as well as the decrease in the residency re- quirement from 60 months to 24 consecutive months. Following the Supervisor's explanation that a public hearing must be held to amend Section 467 of the Real Property Tax Law and in accordance with her suggestion that said hearing be held at the next regular meeting of the Board, on motion by Council- man Vandernoot, seconded by Councilman Bloom, it was unanimously RESOLVED, that a public hearing will be held before this Board at its next regular meeting on Wednesday evening, April 2nd, 1975, in the Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck to consider the adoption of a resolution enabling the Town of Mamaroneck to provide for a partial exemption from Town taxes, of real property owned by certain persons with limited income who are sixty-five years or over pursuant to the provisions of Section 467 of the Real Property Tax Law as amended provided such per- sons meet the requirements set forth in said Section 467; - 4 - 42 3-19-75 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", Notice of such Hearing as required by law. 3. Authorization to Borrow to Pay School District Taxes Pursuant to a memorandum addressed to the Board by the Comptroller under date of March 14th, 1975 herewith ordered received and filed for the record, and on the Supervisor's recommendation that author- ization be approved since by law the Town is required to remit the school tax monies in full by March 31st, 1975, on motion by Deputy Supervisor Vandernoot, seconded by Councilman Bloom, it was unani- mously 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 author- ize the issuance of and to sell not exceed- ing $350,000. Tax Anticipation Note of the Town of Mamaroneck, Westchester County, New York, in anticipation of the collection of real estate taxes levied for Town purposes for the fiscal year of said Town for the year, 1975, is hereby delegated to the Super- visor of said Town, the Chief Fiscal Officer thereof. Such note 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 Finance Law. Section 2. This resolution shall take effect immediately. 4. Fixing Date for Public Hearing - Rent Control Proposal Deputy Supervisor Vandernoot advised that in relation to rent control proposals, since some details in the agreement have yet to be worked out, and also since the Tenants' Advisory Council has not completed its perusal of the agreement, the fixing of a date for the Public Hearing should be held over to the next meeting. 5. Authorization for Collection of State, County, Town and Special District Taxes Pursuant to the request of the Receiver of Taxes for authorization to collect the 1975 State, County, Town and Special District taxes and publish and post the necessary Notice therefore, on motion by Deputy Supervisor Vandernoot, seconded by Councilman White, it was unanimously - 5 - 43 3-19-75 RESOLVED, that this Board hereby authorizes the Deputy Receiver of Taxes of the Town of Mamaroneck to collect the 1975 State, County, Town and Special District taxes and the water rents which become a lien on January 1st, 1975; and be it further III RESOLVED, that in accordance with the provisions of Section 500 of the Westchester County Admin- istrative Code, "The Daily Times", the official newspaper published in the Village and the Town of Mamaroneck, be it hereby is designated as the newspaper in which the Deputy Receiver of Taxes and Assessments shall publish the "Notice of the Collection of State, County, Town and Special District taxes and water rents; and be it further RESOLVED, that in accordance with the provisions of Section 550 of the Westchester County Admin- istrative Code, the Town Board does hereby direct the Deputy Receiver of Taxes and Assessments to mail to each taxpayer of the Town of Mamaroneck, whose address is known to said Deputy Receiver of Taxes and Assessments, a tax bill for all taxes and water rents, the expense thereof to be a Town charge. COMMUNICATIONS III 1. Letter - J. J. Barbieri, District Treasurer re Use of Voting Machines (12) Pursuant to a request of the Mamaroneck Union Free School District #1 by J. J. Barbieri, District Treasurer under date of March 10th, 1975 and herewith ordered received and filed for the record, on motion by Deputy Supervisor Vandernoot, seconded by Councilman White, it was unanimously RESOLVED, that this Board hereby grants the request of the Mamaroneck Union Free School District ##1 for the use of eleven (11) voting machines for the school dis- trict vote on May 7th, 1975 and one (1) voting machine as a demonstration model at the Mamaroneck Avenue School during the month of April. 2. Letter - Life Center Beautification Day Mrs. Helwig presented a letter addressed to the Supervisor by Mrs. Susan Amlicke on behalf of Life Center requesting permis- sion to sell evergreen trees and shrubs at the Town Recycling Center on Saturday, April 19th, or if in the event of rain, May 3rd, which again would constitute the fund raising part of the beautification program sponsored by LIFE that day. Thereupon on the Supervisor's recommendation, the Board unanimously directed that the request be granted and Mrs. Amlicke notified accordingly. - 6 - 44 3-19-75 REPORTS The Town Clerk-- The Clerk presented the following report which was ordered received and filed for the record. Report of the Receiver of Taxes and Assessments for the month of March, 1975. THE SUPERVISOR 1. Report on Mamaroneck Sheldrake Flood Control. Supervisor Helwig reported on the March 13th Meeting held with the County Planning Commissioner, Peter Eschweiler, and Consult- ing Engineer, Dolf Rotfeld, regarding flood control for the Mamaroneck and Sheldrake Rivers. Mr. Rotfeld gave an oral re- port in which he recommended several flood control measures and the formation of a special flood control district in lower Westchester. The Deputy Supervisor-- Mr. Vandernoot-- 1. Designation of Larchmont-Mamaroneck Committee on Family & Youth as Youth Council Pursuant to a letter addressed to the Clerk by Oscar L. Birch, Projects Coordinator for the Larchmont-Mamaroneck Committee on Family and Youth, under date of March 6th, 1975, requesting re- designation of that Committee as the Youth Council which was pre- sented by Councilman Vandernoot and ordered received and filed, on his motion, seconded by Councilman Bloom, the following reso- lution was unanimously adopted: RESOLVED, that the Town of Mamaroneck does hereby establish a Youth Service Project as authorized by Chapter 636 of the Laws of 1956, as amended, Article 19-A of the Exec- utive Law; and That said Youth Council shall have the power and it shall be its duty to: 1. Coordinate, cooperate and contact existing services or agencies work- ing with and concerned with youth and their problems, including, but not limited to: schools, churches, employers, service clubs and organ- izations, welfare departments, po- lice, municipal boards, courts and similar organizations; 2. Assist youth with their problems; 3. Foster educational, vocational or instructional programs in connection with youth; - 7 - 45 3-19-75 4. Study and analyze conditions and statis- tical records and data on youth and their problems and make recommendations related to the same; 5. Do all things necessary and desirable to carry out the powers and duties herein granted, as well as those powers and duties set forth by the New York State Division of Youth; and 6. File an annual report with the Town Board of the Town of Mamaroneck. That the Youth Council is hereby authorized to act for the Town of Mamaroneck and apply to New York State for any and all benefits as provided by law; and That the Town Board of the Town of Mamaroneck reserves the right to audit all expenditures upon which claim for reimbursement is to be based; and That the Youth Council may adopt and amend rules and regulations for the conduct of its own affairs; and That the term of office of the members of said Youth Council shall be for a period of one (1) year; and That this entire resolution is subject to passage of the same resolution by the Village of Larchmont and the Village of Mamaroneck. The Town Attorney-- 1. Engagement of Special Counsel for Con Edison Franchise Litigation Mr. Johnston presented a progress report under date of March 14th, 1975 addressed to the Supervisor and members of the Town Board, which was herewith ordered received and filed, and briefly reviewed his meeting, as one of a committee of three Town Attorneys, at the office of Henry Smith, Esq. to discuss the Con Edison Special Fran- chise Litigation. Pursuant to the Attorney's request that the Board authorize the engagement of a special attorney and recognizing that action must be taken before March 27th, 1975, on motion by Councilman Bloom, seconded by Councilman White, it was unanimously RESOLVED, that this Board hereby authorizes the engagement of Henry Smith, Esq. as Special Counsel to the Town to coordinate its appeal on the Con Edison Franchise Litigation at a fee not to exceed $10,000. including disbursements. - 8 - 46 3-19-75 ADJOURNMENT The Deputy Supervisor noted that Cornelius Quinn, member of the Board of Police Commissioners from October 4th, 1950 to July 3rd, 1957, had recently passed away. It was thereupon moved, seconded and unanimously resolved that this meeting stand adjourned at 8:55 P.M. in respect to the memory of Cornelius Quinn and in recognition of his dedicated service to the Town. 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 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: Con Edison $ 5.00 Con Edison 5.00 Lawrence Heat & Power Corp. 422.63 Rockford Safety Equipment Co. 64.73 Salco Rubber Co. , Inc. 353.10 Suburban Communications, Inc. 75.05 Total. .$925.5l 2. Report Commissioner Bloom reported, for informational purposes, that the Govenor has recommended that the training site for volunteer firemen be retained and had provided for continued funding in the 1975-1976 State Budget. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:05 P.M. , to reconvene on April 2nd, 1975. - 9 - 47 3-19-75 . CONSERVATION ADVISORY COMMISSION - PRESENTATION OF ANNUAL REPORT Mr. Amlicke, Chairman of the Conservation Advisory Commission, presented its 1974 Annual Report to the Town Board and all pre- sent outlining the Commission's recent projects and future plans. The Chairman then introduced the members of the Commission pre- "' this evening and briefly reviewed the origin of this Com- mittee in 1964 and its establishment as a Commission by Town Board resolution on November 21st, 1973. Mrs. Johnson, with an excellent slide presentation and other members of the Commission with oral presentations, spoke to the Commission's activities throughout the year thereby giving a comprehensive overview of each of their ongoing programs. Mr. Clifford Emanuelson, Environmental Coordinator to the Com- mission, gave a detailed natural resources inventory being con- ducted Town-wide explaining that this inventory is part of a county- wide effort to increase available environmental information to aid in future planning. He also noted that with the help of Mr. Bufi, the Town Engineering Aide, the first consistently-scaled overlay map of the entire Town, featuring river basins and conservation areas, is nearing completion. The Supervisor expressed, on behalf of the Town Board, its thanks and appreciation for the Commission's fine contribution to the Town taking particular note of the enormous value of citizen participation. 4To erk - 10 -