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HomeMy WebLinkAbout1975_10_15 Town Board Regular Minutes 147 10-15-75 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD OCTOBER 15, 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. ROLL CALL 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. Acocella - Fire Chief Mr. Aitchison. - Superintendent of Highways Mr. Barasch - Chief of Police Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer PUBLIC HEARING: Stop Signs - Vine Road.and Vine Place On motion by Deputy Supervisor Vandernoot, seconded by Council- man Bloom, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Town Clerk presented the Affidavit of Publication of the Notice of Hearing for the record. At the Supervisor's request Police Chief Barasch reported that the Traffic Commission and he made an on-site visit to the area and made the following observations: a. Vine Place is a blind corner at the place where it intersects with Vine Road. b. There is a large number of young children in the area. c. The area lacks sidewalks; and there- fore they recommend the installation of full stop signs. When Supervisor Helwig explained that the procedure to be followed would be to hear first those in favor of the stop signs, then those in opposition, the following persons addressed -1- 148 10-15-75 the Board stating that they were in complete agreement with Chief Barasch and urged the Board to approve the installation of these stop signs: Harry deVries - 37 Vine Road, Town Harry Petrillo 34 Vine Road, Town Michael Marks - 36 Vine Road, Town Since no one else wished to be heard either in favor of or in opposition to the request, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. And thereupon in response to the Supervisor's query as to the Board's pleasure, on motion by Councilman McMillan, seconded by Deputy Supervisor Vandernoot, the following resolution was adopted by unanimous vote of the. Board, all members being present and voting aye: WHEREAS, the Police Commission requested that Chapter II of the General Ordinances of the Town of Mamaroneck as last amended be further amended so as to provide for the installation of Full Stop Signs at the Southwest and Southeast corners of Vine Road where Vine. Road meets Vine Place in the Town of Mamaroneck; and WHEREAS,_ a public hearing thereon was duly held before this Board on this date follow- ; ing publication of the Notice of Hearing as required by law; and WHEREAS, at said hearing all persons were given an opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, that Chapter II of the General Ordinances of the Town of Mamaroneck (regulation of traffic, use of streets and highways), as last amended by reso- lution of this Board adopted on May 16, 1973, is hereby further amended so as to provide for the installation of Full Stop Signs at the Southwest and Southeast corners of Vine Road where Vine Road meets Vine Place 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 resolu- tion as..required by law. 149 10-15-75 NEW BUSINESS 1. Report of Fact Finding Committee on the Proposed Division of the Town of Mamaroneck Following Supervisor.Helwig's reference to the Committee's limited time and difficult task in determining many facts, on motion by Councilman Bloom, seconded by Councilman White, it was unanimously RESOLVED, that this Board hereby expresses its sincere thanks and deep appreciation to the. individual members of the Fact Finding Committee on the Proposed Division of the Town of Mamaro- neck for their contribution and significant service rendered to the town; and be it further RESOLVED, that a letter of thanks be directed to each member of the Committee conveying the Board's thanks for the donation of their time and talent to an objective study of an issue vital to all residents of the Town of Mamaro- neck. Councilman White stated it was important for the Town Board to reveal the facts regarding a coterminous situation and to let the residents know how the Board members feel - individually or collectively - on the issue, and offered a motion for the Town Board to adopt a resolution opposing Proposition #1 which would establish Mamaroneck Village as the coterminous Town of Mamaroneck Harbor because of the harmful effect it would have on the quality of life in this Town and the undesirable effect on recreational programs. In seconding the motion, Deputy Supervisor Vandernoot agreed with Councilman White and added that they have been unable to find any- thing that coterminous would do for Larchmont Village or the Unin- corporated Area and also that at a time when tax rates are up, there is no justification for further increase. He also pointed to the number of Mamaroneck Village residents involved in the Town's Senior Citizen Center, Councilman Bloom, also opposing coterminous, urged more merger in government instead of fragmentation and stated that the town government has always sought to coordinate and combine services whenever possible in an effort to relieve the tax burden and pre- serve quality. Councilman McMillan, stating that he too was against coterminous, noted that services such as conservation and recreation would be detrimentally duplicated and added that he didn't think we would ever have sufficient information regarding some unresolved legal problems and unanswered: questions to warrant approval of coter- minous. Supervisor Helwig stated that she concurred with the reasons so ably put forth by the other members on the Board and that she is also opposed to Proposition #1. Thereupon, on question, it was unanimously RESOLVED, that this Board hereby opposes the division of the Town of Mamaroneck. -3- 150 10-15-75 A lengthy discussion followed the question of how the Town Board plans to inform the residents of the Town Board's position on the issue and the Fact Finding Committee's Report. Both the Supervisor and Deputy Supervisor pointed out that the town officials were meeting with a representative of the Village to find ways of preserving for Village residents, the townwide services they have enjoyed, if coterminous is approved. 2. Reports a. Leaf Collection At the Supervisor's- request, the Superintendent of Highways reported briefly on the progress of the leaf collection and urged residents to heed the warnings of the Police Chief regarding the hazardous situations created when the leaves are placed in the streets. b. Newspaper Collections The Highway Superintendent also reported that the last pick-up had been somewhat disappointing with only 151/2 tons from the Unincor- porated Area and 82 tons from the Village of Larchmont having been collected but quickly added that this was partially due to the fact that some residents are delivering their papers to the yard. 3. Report on Flood Assistance for Town Deputy Supervisor Vandernoot reported on a meeting that he and the Town Engineer had attended along with representatives from other municipalities, state officials and corps officials. He stressed that the meeting was concerned only with municipality losses and damages due to flooding after the heavy rains in late September and there was no discussion of individual problems. Mr. Vandernoot and Mr. Elfreich both expressed disappointment that some of the Town's claims were being disallowed, but Mr. Elfreich said he will continue to try to recoup losses he feels the Town should be reim- bursed for. 4. Salary Authorizations a. Recreation Pursuant to memorandum addressed to the Board by the Recreation Superintendent under date_ of October 2, 1975 herewith presented and ordered received and filed, on motion by Deputy Supervisor Vandernoot, seconded by Councilman McMillan, it was unanimously - RESOLVED, that the following persons be compen- sated at the rate set forth and effective date listed below: Compensation Effective Name Position Rate Date Michael Yans - Rec. Assistant $ 4.00 per hr. 9-30-75 Tennis Program Barbara O'Donnell Sr. Rec, Leader 18,00 per sess. 10-1-75 Women's Phys. Fit. -4- I 151 10-15-75 Compensation Effective • Name Position Rate Date Margaret Sollazzo Rec. Assistant $ 12.00 per sess. 9-27-75 Open House Program John Teller Sr. Rec. Leader 24.00 per sess. 10-17-75 Basketball Program Sarah Moore Rec. Assistant 25.00 per sess. 10-4-75 Gymnastics Lisa Bull Rec. Assistant 25.00 per sess. 10-4-75 Gymnastics Susan McMichael Rec. Assistant 25.00 per sess. 10-4-75 Gymnastics John Staropoli Rec. Assistant 3.00 per hour 10-3-75 Hommocks Ice Rink David Warren Sr. Rec. Leader 54.00 per sess. 10-4-75 Gymnastics Peggy Gotte Rec. Attendant 2.00 per hour 10-4-75 Hommocks Tennis Cts. b. Crossing Guard Pursuant.to memorandum addressed to the Board by the Comptroller under date of October 15, 1975, herewith presented and ordered received and filed, on motion by Councilman White, seconded by Councilman Bloom, it was unanimously RESOLVED, that as recommended by the Police Chief, this Board hereby authorizes that John J. Geary be engaged as a School Cross- ing Guard effective as of October 23, 1975 and be compensated at the rate of $16.00 per day. 5. Resolution - Cemeteries as Historic Sites Supervisor Helwig called to attention the sad state the cemeteries are in and referred to the recommendation of the Conservation Commission, which has also been concerned, that we ascertain if the Town of Mamaro- neck is eligible for federal funds. She noted that it was disappoint- ing to learn that we do not qualify since no person of sufficient national note is buried in any of our cemeteries even though our one Revolutionary War hero, Gilbert Budd, is buried in the Town Cemetery already under our care. The Supervisor said she. is recommending that the Board adopt a resolution so that public monies can be spent for cleaning up the nine cemeteries in the Town of Mamaroneck, whereupon on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that pursuant to the provisions of Section 64=17a of the Town Law, this Board hereby creates as historical sites -5- 1 152 10-15-75 and authorizes the expenditure of public funds for the restoration, maintenance and care of the following private ceme- teries within the Town of Mamaroneck: 1. Town Cemetery (Budd) in Village of Mamaroneck, Palmer Avenue, Block 902, Parcel 540 2. Palmer Cemetery, Town of Mamaroneck, Block 217, Parcel 26 3. Quaker Cemetery, Block 613, Parcel 1 4. Barker Cemetery adjoining Quaker Cemetery, Block 613, Parcel 9 5. Powell and Florence Cemetery, Block 911, Parcel 433 6. Disbrow Cemetery, Block 916, Parcel 432 7. Delancey Cemetery, Block 909, Parcel 355 8. Richbell Cemetery, Block 922, Parcel 118 9. Gedney Cemetery, Village of Mamaroneck, Block 820, Parcel 196 COMMUNICATIONS 1. Letter - Mr. Otto Scheuble A letter addressed to the Town Board by Otto and Kathryn Scheuble of 3 Rock Ridge Road, Town under date of October 14, 1975, with several attachments regarding alleged violations by Cook's Res- taurant and Dunkin Donuts, were herewith presented and ordered received and filed. The Supervisor noted that the issues referred to had both been previously resolved following public hearings and stated that if reference is being made to odors, they were checked very care- fully by the Westchester County Health Department and the New York State Department of Environmental Conservation who govern such regulations which the Town cannot supercede. At this time the Town Attorney stated it would be improper to go on any further with this discussion since litigation was in process and suggested the Board refer the letter to the Planning Board which was unani- mously so ordered. -6- 153 10-15-75 2. Letter - Hon. Alfred DelBello - Meeting on "Urban County" A letter addressed to the Supervisor by Honorable Alfred B. DelBello, County Executive, under date of October 6, 1975, inviting her to a meeting on October 28, 1975, regarding "urban county" was herewith presented and ordered received and filed. 3. Notice - Public Service Commission - Con Edison A Public Service Commission Notice regarding Proceeding on Motion of the Commission as to proposed charges for collection, meter recovery and service establishment was presented and ordered re- ceived and filed. THE TOWN CLERK Regular Reports The Clerk presented the following reports which were ordered re- ! ceived and filed: Report of the Town Clerk for the month of September 1975. Report of the. Building & Plumbing Inspector for the month of September 1975. 1975 Third Quarterly Report of the West- ; chester Shore Humane Society, Inc. 1 THE SUPERVISOR 1. Municipalities Entering County Solid Waste Management Plan Supervisor Helwig reported on her attendance at the October 3rd meeting with representatives of Malcolm Pirnie, Inc. at which time she learned that 25 communities have enacted resolutions to join the County Solid Waste Plan. She was assured that the design of the transfer station would definitely accommodate the Town of Mamaroneck trailers. Although the station on Mamaro- neck Avenue was originally scheduled to be ready by mid 1976, Mrs. Helwig learned that date is no longer feasible. �I 2. Brock Revenue Sharing Questionnaire Supervisor Helwig presented a September 1975 communication from Senator Bill Brock of. Tennessee, which was ordered received and filed, and pointed out that he had introduced legislation to make revenue sharing permanent, provide increases to reflect inflation and eliminate restrictions on use for special district purposes. Councilman Bloom stated that since the Board agrees with Senator Brock, he should be notified in writing along with the completion of the questionnaire which was unanimously so ordered. -7- 154 10-15-75 THE COUNCILMEN Mr. McMillan 1. Authorization to Sign Narcotics Guidance Council Agreement Councilman McMillan presented the application and agreement allow- ing for reimbursement from the State of New York in the amount of $2,000.00 and explained this is same contract the Council has been operating under for many years. Councilman McMillan enumerated the Council's unique programs and noted the contributions of Dr. Feuerbach, Chairman and Robert Polstein,. Attorney, and there- upon on his motion, seconded by Deputy Supervisor Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes that the application for financial assistance and agreement together with the 1975-76 proposed budget of the Narcotics Guidance Council be sub- mitted to the New York State Office of Drug Abuse Services. THE ATTORNEY 1. Rezoning Application of James N. Dandry James J. Johnston, the Town Attorney reported that the application of James N. Dandry to rezone the property known as section 5, block 501, parcel 1 from "OB-1" to "B" has been withdrawn due to deficiencies in the application and will be resubmitted at a later date. 2. Request - Ordinance for Traffic Regulations - Private Apartment Complexes Pursuant to the Town Attorney's report that the Vehicle and Traffic Law has been amended in order to permit a Town Board, by way of local law or ordinance, to prohibit, regulate, restrict or limit the stopping, standing or parking of vehicles on the private streets or roadways of private apartment house complexes, the problem being especially acute at Larchmont Acres, it was unanimously so ordered that the Attorney would draw up a local law or ordinance in prepar- ation for a public hearing on the matter. NOT ON AGENDA Following the Town Attorney's suggestion that the Town join five (5) other municipalities and engage an attorney to challenge the 1975 Special Franchise Assessment for Con Edison, on motion by Council- man Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the Town Attorney to investigate the cost involved in adding another year to the cm- " plaint already in progress. • �8r 155 10-15-75 ADJOURNMENT There being no further business to come before the meeting on motion duly made and seconded, it was declared adjourned at 10:20 P.M. , to reconvene on November 5, 1975. BOARD OF FIRE COMMISSIONERS NOT ON AGENDA Commissioner Helwig, on behalf of the Board, publicly extended thanks and appreciation to the Town Fire, Police and Highway Departments for standing by day and night during the flooding in the latter part of September. 1. Reports Commissioner Bloom presented the Fire Report for the month of September, 1975 which was herewith ordered received and filed for the record. 2. Letter - John F. Kane - Decoration of Fire Hydrants A letter addressed to Mrs. Helwig by John F. Kane under date of October 13, 1975 together with a copy of letter addressed to Mr. John Hock, outlining the Volunteer Firemen's plan to paint 51 fire hydrants and decorate them in a Bi-Centennial theme, were herewith presented and ordered received and filed. NOT ON AGENDA Attention was called to the Fire Department's Annual Inspection to be held on October 23, 1975. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:25 P.M., to reconvene on November 5, 1975. To lerk -9-