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HomeMy WebLinkAbout1976_02_18 Town Board Minutes 236 2-18-76 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD FEBRUARY 18, 1976 IN THE COUNCIL ROOM 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 Vandernoot Councilman Bloom Councilman McMillan Councilman Perone Absent: Councilman DeMaio Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. DeLuca - Comptroller APPROVAL OF MINUTES The minutes of the regular meeting of August 6, 1975 and the special meeting of August 19, 1975 were presented and on motion duly made and seconded, approved as submitted. Councilman Perone abstained from the vote since he was not a member of the Board at the time of those meetings. OLD BUSINESS 1. Report on Bids - 1970 Chevrolet Passenger Car Pursuant to the Comptroller's memorandum addressed to the Board under date of February 18, 1976 in which the bids were enumerated and re- quest for award to the highest bidder was made, herewith presented and ordered received and filed as part of the record of this meeting, on motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby authorizes the sale of a 1970 Chevrolet Biscayne, ID #154690T199920 to Mrs. Theresa Capobianco, 165 Catskill Avenue, Yonkers, the high bidder, for the price of $1,100.00. 2. Report on Bids - Repairs & Replacement Parts for Pumper A memorandum addressed to the Town Board by Carmine DeLuca, Comp- troller under date of February 18, 1976, enumerating the bids and recommending award thereof was herewith presented and ordered re- ceived and filed as part of the record of this meeting. -1- 237 2-18-76 Following some discussion relative to the financing of the afore- stated repairs and the pros and cons of purchasing a new piece of equipment, on motion by Councilman Bloom, seconded by Council- man McMillan, it was unanimously RESOLVED, that this Board hereby accepts the bid of the only bidder for the follow- ing: Item #1 - Engine and Transmission O'Connell-Quigley Company, Inc. -$17,161.00 and for Item #2 - Repairs and Replacement Parts, the low bidder, namely Excelsior Garage and Machine Works in the amount of $8,050.00. 3. Adoption of Bond Resolution - Installation of Water Mains Upon the Supervisor's reference to the public hearing held at the Board's last meeting on February 4th, the following resolution was offered by Councilman Bloom, who moved its adoption, seconded by Councilman McMillan, to-wit: RESOLUTION DATED FEBRUARY 18, 1976 A RESOLUTION AUTHORIZING AN INCREASE AND IMPROVE- MENT OF THE FACILITIES OF WATER SUPPLY DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, the Board of Trustees of the Westchester Joint Water Works No. 1 has recommended to the Town Board of the Town of Mamaroneck, Westchester County, New York, an increase and improvement of the water distribution facilities of Water Supply District No. 1 in said Town; and WHEREAS, said Town Board has duly caused a map and plan of the proposed improvements, together with an estimate of cost, to be prepared by a competent engineer duly licensed by the State of New York; and WHEREAS, said Town Board duly adopted a resolu- tion on January 21, 1976, calling a public hearing on the aforesaid matter in accordance with the provisions of Section 202-b of the Town Law, said hearing to be held at the Auditorium in the Weaver Street Firehouse on Weaver Street, in said Town, at 8:15 o'clock P.M. , Eastern Standard Time, on February 4, 1976: and WHEREAS, after due notice said public hearing was duly held at the time and place aforesaid, -2- 238 2-18-76 at which said Town Board heard all persons interested in the subject matter thereof; and WHEREAS, said Town Board has duly considered the evidence given at said public hearing; I III NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public in- terest to increase and improve the facilities of Water Supply District No. 1 in the Town of Mamaroneck, Westchester County, New York, by the construction of approximately 2280 feet of eight-inch water mains on Hommocks Road, Lafayette Road, Madison Avenue and Senate Place, and the replacement of a broken four-inch main on Weaver Street, including appurtenant facil- ities and incidental improvements, at an esti- mated expense of $86,600. Section 2. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Vandernoot VOTING Aye Councilman Bloom VOTING Aye Councilman McMillan VOTING Aye Councilman Perone VOTING Aye Councilman DeMaio - Absent VOTING --- The resolution was thereupon declared duly adopted. The following resolution was offered by Councilman Bloom, who moved its adoption, seconded by Councilman McMillan, to-wit: BOND RESOLUTION DATED FEBRUARY 18, 1976. A RESOLUTION AUTHORIZING THE ISSUANCE OF $86,600 SERIAL BONDS OF THE TOWN OF MAMARONECK, WEST- CHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE -3- 239 2-18-76 CONSTRUCTION OF CERTAIN WATER MAIN IMPROVE- MENTS IN AND FOR WATER SUPPLY DISTRICT NO. 1 IN SAID TOWN. WHEREAS, by proceedings heretofore duly had and taken pursuant to Section 202-b of the Town Law, the Town Board has determined it to be in the public interest to increase and improve the facilities of Water Supply Dis- trict No. 1 in said Town, as hereinafter described; and WHEREAS, it is now desired to authorize the financing of said increase and improvement; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The specific object or purpose to be financed pursuant to this resolution is an increase and improvement of the facil- ities of Water Supply District No. 1 in the Town of Mamaroneck, Westchester County, New York, consisting of the construction of approximately 2280 feet of eight-inch water mains on Hommocks Road, Lafayette Road, Madison Avenue and Senate Place, and the replacement of a broken four-inch main on Weaver Street, including appurtenant facil- ities and incidental improvements. Section 2. The maximum estimated cost of such specific object or purpose is $86,600, and the plan for the financing thereof is by the issuance of $86,600 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pur- suant to subdivision 1 of paragraph a of Sec- tion 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. The principal of and interest on said bonds shall be payable in the first instance from water rates and, to the extent necessary, from a levy upon all the taxable real property of - -4- 240 2-18-76 Water Supply District No. 1 in said Town, in the manner provided by law, but if not paid from such sources, all the taxable real property within said Town shall be subject to the levy of an annual ad valorem tax sufficient to pay the principal of and interest on said bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to author- ize the issuance of and to sell bond anti- cipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes 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 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to ex- pend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Daily Times, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Vandernoot VOTING Aye Councilman Bloom VOTING Aye Councilman McMillan VOTING Aye Councilman Perone VOTING Aye Councilman DeMaio - Absent VOTING --- The resolution was thereupon declared duly adopted. -5- 241 2-18-76 NEW BUSINESS 1. Resolution Authorizing Permits for Work Within the County Road Area Pursuant to a communication from the County Department of Public Works under date of February 4, 1976, herewith presented and ordered received and filed, on motion by Councilman McMillan, seconded by Councilman Perone, the following resolution was adopted by majority vote: WHEREAS, pursuant to the provisions of Chapter 605 of the Laws of 1941, revised as of June 5, 1961, the Commissioner of Public Works of Westchester County with the approval of the Board of Super- visors and the County Executive of Westchester, , has prescribed rules, regulations, safeguards, specifications and conditions for the protection, reconstruction, maintenance or restoration of any County Road or portion thereof, and for the pro- tection and safety of the travelling public there- on during any operations of reconstruction, main- tenance or restoration of such County Road or portion thereof; and WHEREAS, the said rules and regulations require any person, corporation, improvement district, or municipality doing any work upon any County Road to obtain a written permit from the Commissioner of Public Works and to deposit a certified check made payable to the order of the County of West- chester in an amount computed by the extent of the proposed work; and WHEREAS, the said rules and regulations provide that any city, village, town public improvement district, or other municipality may, in lieu of making the said mentioned. deposit, file with the Commissioner of Public Works a certified copy of a resolution duly adopted by the Governing Board of such muni- cipality guaranteeing faithful performance by the said municipality of all terms, covenants and con- ditions as set forth in the permit, which resolution shall be effective for permits issued during the re- mainder of the calendar year after adoption; and WHEREAS, the Town of Mamaroneck, from time to time, is required to do work within the County Road area for which a written permit from the Commissioner of Public Works of the County of Westchester is re- quired, and for which a certified check deposit is required; NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck does hereby guarantee faithful performance of all the terms, agreements, covenants and conditions of each and -6- 242 2-18-76 every written permit as referred to herein issued by the Commissioner of Public Works of the County of Westchester and that this guarantee of faithful performance shall be applicable to all such written permits issued during the present calendar year - January 1, 1976 to December 31, 1976. 2. Report of the Fact Finder - P.B.A. Supervisor Vandernoot reviewed the negotiations with the P.B.A. , explained the current status of such negotiations and presented the Report of the Fact Finder which was herewith ordered received and filed as part of the record of this meeting. During the dis- cussion that ensued further clarifying comments were made by Council- man Bloom; complimentary notations regarding the police were made by Jerry Glaser of 19 Rock Ridge Road, Town; questions relative to the total possible increase including benefits were asked by Theodore Utz of 8 Park Hill Lane, Town; explanation of the steps involved in moving on to binding arbitration and lastly some references were made to policemen's moonlighting. 3. Appointments: a) Legislative Committee Supervisor Vandernoot stated that in accordance with a recommen- dation from both the Larchmont and Mamaroneck Leagues of Women Voters, the Town Board has agreed to cooperate with the aforenamed committee which would be participating in community planning and named Councilman Harry B. DeMaio a member, who would join with Dee To of, Mamaroneck School Board representative and Mayor Kenneth Wanderer, representative from the Village of Larchmont. b) Conservation Advisory Commission The Supervisor noted that it is with considerable regret that the Board recognizes Mrs. Martha Munzer's and Mrs. Mary Ann Johnson's decisions not to continue serving on the Commission of which they have both been members since its inception in 1964. Councilman Bloom took cognizance of their very fine work and many contribu- tions to the community and noted that the Board has plans for honoring them both in the near future, and at this time after reviewing the qualifications of the appointees, on his motion which was seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby appoints Orlando A. Ciraco and Mrs. Jesse Silberstein members of the Conservation Advisory Commission, to replace Mrs. Martha Munzer and Mrs. Mary Ann Johnson, effective immediately and terminating on December 31, 1978; and be it further RESOLVED, that Mr. Ciraco and Mrs. Silberstein be so notified. -7- 243 2-18-76 c) Community Service Co-Ordinator The Supervisor spoke of the needs of many people in the commu- nity, especially the elderly, and referred to a proposal to the Town by the Village of Larchmont on how these needs could be met through the services of a Community Services Coordinator. Following a lengthy discussion in which it was noted by Council- man Bloom that further consideration be given to clarification of the job description and comments by Councilman McMillan on the appropriateness of such an expenditure, on motion by Councilman Bloom, seconded by Councilman Perone, it was unanimously RESOLVED, that Mrs. Elaine Samuels, 1020 Nine Acres Lane, Mamaroneck be and she hereby is appointed Community Services Coordinator to serve the Village of Larchmont and the Unincor- porated Area residents by acting as Senior Ad- vocate and in an advisory position relative to social assistance 104 days per year (Mondays & Thursdays 9:00 A.M. to 5:00 P.M.) and be com- pensated at the rate of $6,000.00 per year (60% of the salary to be paid by the Town of Mamroneck and 40% by the Village of Larchmont) ; and be it further RESOLVED, that the appointment is on a month-to- month experimental basis and is subject to can- cellation by either party on thirty (30) day's notice. III 4. Approval of Contract for the Maintenance of Ice Rink Pursuant to memorandum addressed to the Town Board by Superin- tendent of Recreation, James W. Kronenberger under date of February 18, 1976, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby approves the contract with Crest Mechanical Services, Inc. for the maintenance and service of the equip- ment at the Hommocks Ice Rink, the charge for which will be $334.00 per month (for five months) effective January 26, 1976 and terminating Decem- ber 26, 1976, such amount having been included in the present budget. COMMUNICATIONS 1. Letter, County Office of Disaster & Emergency Services The Supervisor presented a letter addressed to him by Anthony R. III Marasco of the County of Westchester's Office of Disaster and Emergency Services under date of February 5, 1976, indicating the Town's forthcoming reimbursement for damages sustained during the storm of September 1975 in the amount of $3,932.03. The letter was ordered received and filed. -8- 244 2-18-76 THE SUPERVISOR 1. LIFE Center Beautification Day Mr. Vandernoot presented a communication from Susan Amlicke on behalf of LIFE Center in which the numerous activities of the group were outlined and the date of this year's Beautification Day was noted, and thereupon on the Supervisor's recommendation, the Board unanimously directed that Saturday, April 3rd (or April 10th in the event of rain) be declared Beautification Day and urged full cooperation from the community. 2. Engineers Week Proclamation Pursuant to a request addressed to the Supervisor under date of February 4, 1976 by the Westchester Chapter of the New York State Society of Professional Engineers that the week of February 22 to February 28, 1976 be proclaimed as National Engineers Week in the Town of Mamaroneck, and thereupon with the unanimous consent of the Board, he issued the following proclamation: ENGINEERS WEEK 1976 PROCLAMATION WHEREAS, the week of February 22 to February 28, 1976 has been designated throughout the Nation as Engineers Week; and WHEREAS, the National Society of Professional Engineers has chosen as the theme for National Engineers Week - "American Ingenuity: 200 Years of Engineering"; and WHEREAS, the Westchester Chapter of the New York State Society of Professional Engineers has adopted the national theme of "American Ingenuity: 200 Years of Engineers" and will observe Engineers Week in Westchester County during the week of February 22 to February 28, 1976; and WHEREAS, the goal of Professional Engineers is to develop and apply technology which improves our quality of life and builds a better America for everyone; and WHEREAS, it is fitting that we set aside a week of acknowledging and commemorating the important role of the Professional Engineer in American life; NOW, THEREFORE, I, Joseph F. Vandernoot, Supervisor of the Town of Mamaroneck, in recognition of the contributions of the Engineering Profession in applying technology to meet -9- 245 2-18-76 the urgent problems of the day and create a better tomorrow, do hereby proclaim the period of Feb- ruary 22 to February 28, 1976 as Engineers Week in the Town of Mamaroneck. 3. Appointment to Community Development Advisory Group - Urban County Pursuant to a letter addressed to the Supervisor by Michael D. Ritchie under date of February 6, 1976 relative to the abovemen- tioned appointment, herewith presented and ordered received and filed for the record on motion duly made and seconded, it was unanimously RESOLVED, that George Straub, 10 Bonnie Way, Town be and he hereby is appointed Town of Mamaroneck's representative to the Community Development Advisory Group under the Urban County Program. 4. Appointment of Urban County Co-Ordinator Also pursuant to the heretofore presented communication, on motion duly made and seconded, it was unanimously RESOLVED, that this Board hereby appoints Charles R. Elfreich, Town Engineer, to act as Urban County Coordinator and to serve as the technical contact with the County Planning Department and the Hous- ing Action Council. NOT ON AGENDA At this time the Supervisor reviewed a matter that had come before the Business Meeting of the Association of Towns during the Annual Meeting on this date and following some discussion, on motion by Councilman McMillan, seconded by Councilman Perone, it was unani- mously RESOLVED, that this Board hereby endorses and supports the following resolution which was adopted at the Business Meeting of the Associa- tion of Towns of the State of New York's Annual Meeting in New York City on February 18, 1976: Pension Costs: Fringe benefits for public em- ployees, including pension plans, are an im- portant part in providing for ,the needs of the employees and their families. However, in view of the rise in pension costs that threaten the capacity of towns to provide such benefits, it is essential that every means be explored to reduce such escalating costs, including consid- eration of a contributory system, as well as a moratorium on negotiations for pension benefits. -10- 246 2-18-76 THE COUNCILMEN Mr. McMillan 1. Review of Services - N.G.C. III Councilman McMillan presented a Review of Services from January 1975 through January 1976 which was herewith ordered received and filed as part of the record of this meeting and noted that the Council's programs are proving to be quite successful and joined with the other members of the Board in commending that group for its very fine work. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:40 P.M. , to reconvene on March 3, 1976. 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 Perone, 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: Hills Signs, Inc. - $ 397.50 R. G. Brewer, Inc. - 100.30 Jefferson-Chatsworth, Inc. & Arthur L. Penzel(Cert. Settlmt.) - 4,003.04 Norman Librett, Inc. - 72.00 AAA Emergency Supply Co. , Inc. - 47.85 Suburban Communications, Inc. - 22.00 Dri-Chem Ext. Corp. - 262.05 Jack's Army & Navy Store - 17.08 McGuire Bros. , Inc. - 20.00 Con Edison - 253.61 Lawrence Heat & Power Corp. - 745.50 Raymond A. Baron - 13.50 $5,954.43 Councilman McMillan asked that the record show that he abstained from voting on this motion since the Jefferson-Chatsworth Certiorari settlement was one of the items on the foregoing list. Councilman McMillan referred to the Town Board Meetings of February 5 and December 3, 1975 in which his reason for abstaining had been given. -11- 247 2-18-76 2. Reports There were no reports to come before the Commission. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:43 P.M. , to reconvene on March 3, 1976. Town C rk -12-