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HomeMy WebLinkAbout1975_12_17 Town Board Regular Minutes 189 12-17-75 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD DECEMBER 17, 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 McMillan Absent: Councilman White Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. DeLuca - Comptroller Mr. Elfreich -- Town Engineer THE SUPERVISOR (not on agenda) Prior to proceeding with the regular order of business, the Supervisor said since this was the last meeting at which she would preside ( it being the 351st regular or special Board meeting she had attended dur- ing her sixteen years as Councilwoman and Supervisor of the Town ) that she would like to express some thoughts which were and had been very much on her mind for some time past. First, she said, I would like to express my thanks and my gratitude to the sixty-seven persons who have served on our regular Board and Commis- sions, to the twenty citizens who have worked on our specially-appointed Committees, and to the entire Town staff, including our twelve Department Heads, all of whom have played such an important role in the conduct of all Town business and whose advice and expertise has been and is invaluable to the Supervisor and members of the Board. She paid particular tribute to these citizens, all eighty-seven of them, who had given so generously of their time and talents and who had thus contributed so much to the Town and its government and so enriched the lives of all of the residents of this community, both young and adult. Mrs. Helwig then thanked all of the.:persons present for attending this meeting and sharing with her the informal coffee-hour so graciously arranged in Councilman White's and her honor. Councilman White, she_ex- plained, was ill and so was unable to be here this evening unfortunately-- although Mrs. White was present. The Supervisor cited Councilman White as a "fine, constructive and innovative Councilman" --whose many contri- butions to the Board and thus to the Town would be long remembered with thanks from all concerned. On behalf of all of the people, Mrs. Helwig also acknowledged the Town Boards, past and present, Mayors and members of the Boards of both -1- 190 12-17-75 Villages and the members of the School Boards, stating that it had indeed been a real privilege and a pleasure to have served and worked with them. Upon recognition by the Chair, the Deputy Supervisor addressing the Supervisor and all present referred to tonight's "coffee" as only a small token of appreciation to Mrs. Helwig '-- adding there will be another of a larger nature sometime in February, date not as yet announced--although he said "no matter what we may have, we can never really thank Christine Helwig for her services to this Town." Mr. McMillan echoed Mr. Vandernoot's sentiments and statements about the Supervisor and also paid a particular tribute to Mr. Helwig who was present, saying "Ed, a successful businessman, has been very supportive during all the years of Chris's public service." Councilman Bloom said -- "Joe has said it for all of us!" Further, he noted that his association with Mrs. Helwig dated back to his days on the Planning Board and hers on the School Board -- and added that he had run for Town Councilman only because of her personal request. The Supervisor then after once again thanking all present for their kindnesses and after acknowledging the presence of Mrs. Vandernoot, Mrs. Bloom and Mrs. McMillan, Mrs. Jeanne Robinson, Chairman of the Republican Town Committee, Mrs. Marjorie Garriques, its Secretary, and John L. Delius, former Town Attorney for thirty years, moved on to the first order of business for the meeting. APPROVAL OF MINUTES Minutes of the special meeting of July 16, 1975 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING: Amendment of General Ordinances to Allow Daytime Parking by Permit in Lot #3 On motion by Deputy Supervisor Vandernoot, seconded by Councilman Bloom, 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 Notice of Hearing for the record. When. Supervisor Helwig explained that the procedure to be followed would be to hear first those in favor of the amendment, then those in opposition, at her request, the Town Clerk reviewed the reasons for recommending that that section of the Code be amended, and the following persons addressed the Board stating that they were in complete agreement with the Clerk's recommendation and urged the Board's approval: Joseph Greene - 16 No. Chatsworth Ave. Brian Killeen - 17 No. Chatsworth Ave. Martha Hardesty - 14 No. Chatsworth Ave. Nicholas Sparkman- 172 Myrtle Blvd. Selena Grissom - 126 Richbell Rd. -2- 191 12-17-75 Following some clarifying statements regarding the proposal and since no one else wished to be heard either in favor of or in opposition to the amendment, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the hearing be and it hereby III is declared closed. And thereupon in response to the Supervisor's query as to the Board's pleasure, on motion by Councilman Bloom, seconded by Councilman McMillan, the following resolution was adopted by majority vote of the Board: RESOLVED, that this Board hereby decrees that residents of the Town of Mamaroneck who purchase permits may park their auto- mobiles on a 24 hour basis in the Permit Area created in a section of Lot #3 be- tween the hours of 8:30 A.M. and 8:30 A.M. at a fee of $ 60.00 annually (or $30.00 semi-annually) in addition to the $30.00 annual fee (or $15.00 semi-annual fee) for overnight parking totaling $90.00 per year; and be it further RESOLVED, that no person may park an auto- mobile in this designated area unless the owner or operator has obtained a permit and sticker from the Town Clerk, said sticker to be affixed to the right rear window of the car; III 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. PUBLIC HEARING: Amendment to Local Law No. 2-1970 re Penalties On motion by Councilman Bloom, seconded by Deputy Supervisor Vandernoot, 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 Notice of Hearing for the record, and the Supervisor briefly reviewed the need for amending the Property Maintenance Law, since following the previous hearing the law was not filed in Albany. Mrs. Helwig then declared that the usual order of a hearing would be followed and inquired whether anyone present wished to be heard, re- questing that first those in favor of, then those in opposition to the IIIamendment address the Board. -3-- i 192 12-17-75 Mrs. Peggy Snyder, 31 Seton Road, Town addressed. the Board speaking in favor of the amendment and added that many persons had spoken in favor at the previous hearing. Whereupon since no one else wished to be heard, on motion by Councilman Bloom, seconded by Deputy Supervisor Vandernoot, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. In reply to the Supervisor's question as to the Board's pleasure, on motion by Councilman Bloom, seconded by Deputy Supervisor Vander- noot, the following resolution was adopted by unanimous vote of the Board, Councilman White being absent and therefore not voting: RESOLVED, that this Board hereby amends Local Law No. 2-1970 by adding a new paragraph to the section thereof entitled, "Penalties" which shall read as follows: "Each and every day of violation is to be considered a separate violation under this Property Main- tenance Law, and therefore, subjects the offender to a separate penalty for each and every day." NOT ON AGENDA At this time representatives of the Volunteer Fire Department, Ira Freireich and William vonZehle asked if they could address the Board regarding the legality of the Town Board acting as the Board of Fire Commissioners. Councilman Bloom explained that authori- zation for such was through the enactment of special legislation in 1939 and further stated that the Board recognizes the concerns of the Volunteer and Paid Firemen and will be setting up meetings with both groups and the Chief. PUBLIC HEARING: Enactment of a Local Law re the Compilation, Renumbering and Tabulation of Town Local Laws, Ordinances and Resolutions On motion by Deputy Supervisor Vandernoot, seconded by Councilman Bloom, the hearing was declared open and the Affidavits of Publi- cation and Posting of the Notice of Hearing were herewith presented and ordered received and filed for the record. II The Supervisor called to attention the aforementioned proposal re- garding the Code, and in accordance with usual procedure, stated that first those in favor, then those opposed to the proposal would be heard. Following a brief discussion in which Mrs. Peggy Snyder asked several questions regarding the new setup of the Code, said questions being answered by Councilman McMillan, and since no one wished to speak either in favor of or in opposition to the proposal, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously resolved that the hearing be closed. -4- 193 12-17-75 The following resolution was then offered by Councilman Bloom, who moved its adoption, seconded by Councilman McMillan and adopted by majority vote of the Board: WHEREAS, pursuant to Article 9 of the New York State Constitution, the pro- ; visions of the Town Law and the Municipal Home Rule Law of the State of New York, as amended, a public hearing was duly held before this Board on the proposed adoption of Local Law No. 2-1975; and WHEREAS., all persons interested were given an opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, that following the close of said hearing, this. Board hereby adopts Local Law No. 2-1975, a local law to compile, renumber and tabulate the local laws, ordinances and resolutions of the Town of Mamaroneck from existing numbers with adoption and effective dates to newly assigned numbering by chapter and section 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. NOT ON AGENDA Supervisor Helwig once again departed from the regular agenda and asked if anyone wished to address the Board. In reply Mr. E. T. Houghton spoke of the impending discontinuation of.the New Rochelle Hospital Ambulance Service, and issued a plea for more volunteers in the Town's Volunteer Ambulance Corps, especially daytime workers. Mr. Donald La Sala expressed his concern that the fight for the abatement of thruway noise would not continue with the retirement of Mrs. Helwig, to which Mrs. Helwig replied that the work would continue. OLD BUSINESS 1. Adoption of the 1976 Budget In presenting the proposed 1976 Annual Budget, Supervisor Helwig called to attention the considerable additional study given follow- ing the public hearing, and continued by outlining the changes made since the adoption of the Preliminary Budget with slightly increased appropriations but a $ 49,291.00 reduction in the tax levy. -5- 194 12-17-75 Mrs. Helwig stated that the tax levy is now $3,405,950.00 which means a tax rate of $45.13 per thousand assessed valuation in- stead of the previous figure of $45.55 for property-owners in the Unincorporated Area and $2.27 per thousand assessed valuation instead of the original $2.46 for property-owners in the two Villages. The Supervisor explained that $44,515.00 increases in estimated revenues and $20,611.00 in the unexpended balance was the cause for the tax levy reduction and that most of the increased revenue goes to the town-wide fund. She further stated that despite $9,920.00 in additional appropriations, the town-wide levy was reduced by $30,788.00 to $366,122.00. She noted particularly that increases in recreation fees will provide about $40,000.00 of the increased revenues. Attention was also called to the recent increase in water revenues. Deputy Supervisor Vandernoot and Councilman McMillan added their comments relative to the budget and at this point Councilman Bloom stated he felt the Board had done a good job with the help- ful and constructive suggestions offered by the citizens and on his motion, seconded by Councilman McMillan, the following reso- lution was thereupon adopted by majority vote of the Board, Councilman White being absent and thus not voting: WHEREAS, this Town Board has met on December 3rd at the time and place specified in the Notice of Public Hearing on the adoption of a Prelim- inary Budget for 1976 and has heard all persons desiring to be heard thereon; and WHEREAS, the Preliminary Budget as adopted on November 19th 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, 1976, and that such budget as so adopted be entered in detail in the minutes of the proceedings of this Town Board; (Budget herewith inserted) 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 -6- 195 12-17-75 thereof to the Supervisor of this Town to be presented by her to the County Board of Legislators of this County; and be it further RESOLVED, that for the fiscal year 1976 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 of 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". NEW BUSINESS 1. Comptroller's Request for Authorization for Blanket Resolution to Cover All Budget Transfers for Fiscal Year 1975 Pursuant to the Comptroller's memorandum of December 17, 1975 here- with presented and ordered received and filed, on motion by the Deputy Supervisor, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the Comptroller to make all transfers of funds within the 1975 budget necessary to close out the books for the end of the fiscal year 1975. 2. Salary Authorizations - Recreation Pursuant to memorandum addressed to the Board by the Superintendent of Recreation under date of December 9, 1975, herewith presented -7- 196 12-17-75 and ordered received and filed, on motion by Councilman Bloom, and seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes that John Manning, Recrea- tion Assistant in the Basketball Program, be compensated at the rate of $2.20 per hour, effective Decem- ber 6, 1975, and that Anthony Mastro, Senior Skate Guard, Hommocks Ice Rink, be compensated at the rate of $4.00 per hour (working only on weekends), effective December 1, 1975. In accordance with the memorandum of the Superintendent of Recreation, dated December 15, 1975, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes that Richard Henn, Recrea- tion Assistant in the Basketball Program be compensated at the rate of $ 2.20 per hour, effective December 13, 1975. 3. Town Clerk's Request - Authorization to Increase Marriage License Fee Pursuant to memorandum addressed to the Board by the Town Clerk, herewith presented and ordered received and filed, and following the Clerk's explanation of her reasons for requesting that the fee be increased from $3.00 to $4.00, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board in accordance with the Domestic Relations Law, Section 14-a and Chapter 545 of the Laws of 1968 hereby fixes $2.00 as the fee to be charged by the Town Clerk for the issuance of a Certificate of Marriage Registration bringing the total fee for Marriage License to $4.00. 4. Weaver Street Extension - 8-inch Water Main Supervisor Helwig called to attention a request from Westchester Joint Water Works for the replacement of water main in the Weaver Street Extension to repair the leak discovered there. Following some discussion of the matter, on motion by Councilman Bloom, seconded by Deputy Supervisor Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes the Westchester Joint Water Works to replace the existing .4-inch main with 8-inch pipe in the Weaver Street Extension provided the necessary easements can be obtained. -8- 197 12-17-75 COMMUNICATIONS 1. Increase in User Fees - Croton Point Landfill A letter addressed to the Larchmont-Mamaroneck Joint Garbage Commis- sion by Robert W. Huntington, Deputy Commissioner of Solid Waste, Westchester County, under date of November 26, 1975 regarding an increase to $8.20 per ton for solid waste disposal facility users, was presented and ordered received and filed for the record. 2. Inquiry re Use. of Ticket Machines in Parking Lots The Supervisor presented a letter addressed to her by the Chief of Police, Robert M. Barasch under date of December 11, 1975, in which he reported that the results of his investigation regarding the use of automatic ticket dispensing machines in the parking lots in the Town of Mamaroneck shows them as being excessively costly. The letter was ordered received and filed. 3. Official Statement and Decision of Canvass General Election - November 4, 1975 The Clerk presented the Statement and Decision of Canvass of the General Election of November 4, 1975, which was herewith ordered received and filed for the record. 4. Letters, Senators Javits, Buckley and Brock Supervisor Helwig acknowledged receipt of several letters addressed to her by Senator James L. Buckley under date of December 5, 1975, Senator Jacob K. Javits under date of December 10, 1975 and Senator Bill Brock under date of December 11, 1975 all in response to her communication endorsing Senator Brock's revenue sharing bill. The letters were ordered received and filed. 5. Letter, League of Women Voter's of Larchmont A letter addressed to the Supervisor and Town Board by Paula Willey, President of the Larchmont League of Women Voters under date of December 5, 1975 regarding the Town's budgetary process was here- with presented and ordered received and filed. 6. Letter, N.Y.S. Dept. of Transportation re Weaver Street and Forest Avenue A letter addressed to the Supervisor by R. M. Gardeski, Regional Traffic Engineer of the New York State Department of Transportation, under date of December 12, 1975, indicating that the Town's request regarding traffic conditions at the intersection of Route 125 and Forest Avenue and the conditions at the intersection of Route 1 and Weaver Street were both being given their attention, was presented and herewith ordered received and filed. -9- I 198 12-17-75 REPORTS Town Clerk The Clerk presented the following report which was ordered received and filed: Report of the Receiver of Taxes and Assessments for the month of November 1975. The Deputy Supervisor 1. Apportionment Upon Mr. Vandernoot's presentation of the following apportionment and on his motion, 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 Sec- tion 557, Article 16 of the West- chester County Tax Law; and 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 1975- 76 taxes of 1976, which shows property now appearing on the roll as follows: Block Parcel Owner Land Improve. Total 809 49 Thomas L. Morris $500.00. ---- $500.00 be apportioned as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Owner Land Improve. Total 809 54 Clinton W. Gilbert $100.00 ---- $100.00 809 49 Wayne L. Cilento $400.00 ---- $400.00 The Town Attorney 1. Beekman Estate In accordance with the offer of settlement made by Harry G. Davidson, Attorney for the Beekman. Estate to the Supervisor, on a motion offered by Councilman Bloom and seconded by Councilman Mc Milian, the -10- ii 199 12-17-75 following resolution was adopted by majority vote of the Board, Councilman.White being absent and therefore not voting: WHEREAS, heretofore writs of certiorari were obtained by The Beekman Estate, owners of property known and described as Block 914, Lots 1 and 15 on the Tax Assessment Map and the Assessment Roll of the Town of Mamaroneck, for the following years: 1972 for taxes of 1973, 1973 for taxes of 1974, 1974 for taxes of 1975; and WHEREAS, the Town Attorney recommends to this Board that the proceedings be settled and discontinued upon the reduction of certain of these assessments; NOW, THEREFORE, BE IT RESOLVED, that the assessments for the years 1972 for taxes of 1973, 1973 for taxes of 1974, 1974 for taxes of 1975, upon property owned by The Beekman Estate and described on the Assessment Map and Assessment Roll of the Town of Mamaroneck as Block 914, Lots 1 and 15, be reduced as follows: From Assm't. Tax Year Year Land Imp. Total i 1972 1973 $ 78,300. $ 247,000. $ 325,300. 1973 1974 78,300. 247,000. 325,300. 1974 1975 78,300. 247,000. 325,300. To Assm't. Tax Year Year Land Imp. Total 1972 1973 $ 71,151. $ 160,248.85 $ 231,399.85 1973 1974 67,881. 140,949.38 208,810.38 1974 1975 70,380. 156,509.82 226,889.82 provided the certiorari proceedings now pending in the name of The Beekman Estate be discontinued without costs as against either party; and be it further RESOLVED, that all refunds of taxes due by reason of such reductions be paid without interest; and be it further RESOLVED, that the Supervisor is hereby author- ized and directed to sign the necessary stip- ulations to dispose of these proceedings -11- 200 12-17-75 and be it further RESOLVED, that this Board also hereby authorizes the Town Attorney to settle and discontinue a pending certiorari proceeding involving the 1975 assessment on the aforementioned property on the basis of the court ordered figures as heretofore mentioned. 2. Con Edison Special Assessments James J. Johnston reported on the status of the litigation by the Town of Mamaroneck and four other Westchester County muni- cipalities . (Mt. Vernon, Eastchester, Scarsdale and Mt. Pleasant) challenging the method used by the State Board of Equalization in setting the special franchise assessment for Con Edison for 1974 and requested that the Board join with those communities and continue to fund its share of the cost of the Special Counsel, Henry J. Smith and thereupon on motion by Councilman Bloom, seconded by Deputy Supervisor Vandernoot, it was unanimously RESOLVED, that this Board hereby joins with Mt. Vernon, Eastchester, Scarsdale and Mt. Pleasant and authorizes the con- tinued engagement of Henry J. Smith as Special Counsel to the Town in its appeal of the Con Edison Special Franchise Assess- ment litigation at a cost not to exceed the previously set fee; and be it further RESOLVED, that approval is granted for pay- "' to Mr. Smith of $3,314.00 for services already rendered. At the conclusion of the business meeting, upon recognition, Mr. Irving Scharf and Mr. Everett Houghton addressed the Board; Mr. Scharf suggesting that the Council appoint Mrs. Helwig as Special Consultant and Mr. Houghton offering a motion from the floor for the adoption of a resolution of appreciation to Mrs. Helwig. In replying to Mr. Houghton, the Supervisor said, "I'll accept that if you include Mr. White." Mr. Houghton so amended his motion with the audience joining the Council in its unanimous adoption of the motion that the meeting this evening stand adjourned in appreciation and tribute to the Supervisor and Councilman White. ADJOURNMENT And thereupon since there was no further business to come before the Board, on motion unanimously made and seconded, this meeting, to reconvene on January 7th, 1976, was declared adjourned at 10:00 P.M. with the following resolutions of appreciation and tribute to Christing K. Helwig, Supervisor, and Thomas E. White, Town Councilman, spread upon the minutes thereof: ( see next page ) -12- r 201 12-17-75 SUPERVISOR CHRISTINE K. HELWIG I--1 WHEREAS, the Honorable Christine K. Helwig, Super- visor of the Town of Mamaroneck for the past seven years, is retiring from that office on December 31st of this year, and WHEREAS, as Supervisor she served as Chief Executive of the Town and gave unstintingly of her time, talents and ability and was untiring in her efforts to promote the welfare and well being of the Town and all of its resi- dents, and WHEREAS, the many improvements and significant addi- tions to our parks, recreation, and open space made during her administration will be long enjoyed by all in this community and will be a lasting reminder of her able gui- dance and leadership, f NOW, THEREFORE, BE IT RESOLVED, that we, the members of this Board, do hereby adopt this resolution to be spread upon the minutes of this meeting in honor of and as a public tribute to Honorable Christine K. Helwig and be it further RESOLVED, that a copy of this resolution be forwarded to her with the deep appreciation, sincere thanks, and very best wishes of this Board and the entire citizenry she served with such selfless dedication and great distinction. i 1 I �13- __ J