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HomeMy WebLinkAbout1974_10_02 Town Board Minutes '1,'97 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD OCTOBER 2nd, 1974 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. Brewer - Deputy Clerk Mrs. Dallara - Deputy Clerk Mr. Johnston - Town Attorney Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer Mr. Barasch - Chief of Police THE SUPERVISOR Before proceeding with the business of the meeting, Mrs. Helwig requested all present to observe a moment of silence in memory of the former Supervisor of the Town of Mamaroneck, Owen A. Mandeville, Sr. "Normally," Mrs. Helwig said, "this would be done at adjournment of the meeting but since at the September 4th meeting, the first regular meeting of the Board after the dealth of Mr. Mandeville on August 8th, there were only a few people remaining at the hour of adjournment, I felt it would be more fitting to open this meeting with a tribute to our former Supervisor, recognizing his years of service to the Town not only as Councilman from 1938 to 1945 and as Supervisor from 1946 to 1955 but his continued concern for his Town as he worked in posi- tions of importance in County and State governments. " "A resolution in tribute to Mr. Mandeville, "Mrs. Helwig said, "will be prepared and sent to his family and the meeting adjourned this evening in his memory." PUBLIC HEARINGS 1. Proposed Local Law No. 3-1974 - "Unlicensed Vehicles" On motion by Deputy Supervisor Vandernoot, seconded by Councilman McMillan, it was unanimously resolved that the hearing be declared open and the Affidavits of Publication and Posting of the Notice of Hearing presented and filed for the record. The Supervisor called on the Police Chief to explain the need for and review the proposed law which, she said, had been recommended by both the Chief and the Police Commission. Chief Barasch stated that the department had had many complaints over the years about the use of minibikes on provate property and that it was believed the adoption of such a law as hereby proposed would give the Police the power to impound all minibikes or other types of unlicensed motor driven vehicles being operated on public property or on private property without the consent of the property owner. - 1 - r)� a In reply to Mrs. Helwig's question as to whether the members of the Board had any questions or comments, Councilman Bloom asked whether he would be correct in believing that if licensed, such vehicles could operate on public streets and highways but not on private property without the property owner's consent? The Attorney replied that all licensed motor-driven vehicles on public streets and highways operate under the Motor Vehicle and Traffic Law of the State of New York. Mrs. Mary Anger stated that she was in favor of the law as she had experienced great discomfort from the operation of minibikes through her yard which, in spite of her calls, had not been stopped since the bikes emerged onto her property from the woods and could not be caught. Mrs. Snyder questioned the use of the words "unlicensed" and "un- registered" in the proposed law, asking whether they were inter- changeable? The Attorney replied that they were not and they had a different impact under the Motor Vehicle and Traffic Law. Mr. Bloom stated that he believed the language of the proposed law referred to unlicensed vehicles but not to unlicensed operators, while the operation of motor driven vehicles on public highways was by licensed operators of licensed vehicles. If a minor was operat- ing a minibike, he said, he believed the parent was responsible for permitting him to do so without a license. "People," he said, "are licensed -- vehicles are registered." Mr. White stated that he thought Mrs. Snyder's point was one well made and that he would suggest adoption of the proposed law subject to clarification of the terms unlicensed and/or unregistered. Messrs. Bloom and McMillan agreed with Mr. White that this was necessary. Mr. Otto Scheuble then addressed the Board on the subject of loud and unnecessary noise referring to unmuffled cars operating on Palmer Avenue which he said was a race track from 8 to 9 a.m. and again from 4 to 6 p.m. and presented not only an unendurable noise situation but a highly dangerous condition as well. In replying to Mr. Scheuble, Mrs. Helwig stated that there was a Noise Ordinance on the books, to which Mr. Scheuble replied that if this were the case, the law should be enforced. The Supervisor also referred to proposed drafted amendments to Section 386 of the Motor Vehicle & Traffic Law which were being recommended by the Department of Environmental Conservation and which, if adopted, would apply to all public streets and highways. The Supervisor then asked if anyone else wished to be heard either in favor of or in opposition to the proposed law -- and since no one did, on a motion by Councilman White, seconded by Councilman Vander- noot, it was unanimously resolved that the hearing be closed. The Chair then inquired as to the Board's pleasure, whereupon Council- man Bloom suggested in view of the confusion voiced this evening, that before the Board finally adopted the law, it work with the Town Attorney toward clarification of terminology and accordingly moved that its adop- tion be tabled to the next meeting on October 16th, which was thereupon so ordered by unanimous vote of the Board. 2. Proposed Local Law No. 2-1974 - "Police Escort Service" On motion by Councilman Vandernoot, seconded by Councilman Bloom, it was unanimously resolved that the hearing be open and the Affidavits of Publication and Posting of the Notice of Hearing were presented and ordered filed for the record. - 2 - :42(' The Supervisor explained that this proposed law, too, had been recommended by the Police Commission and Police Chief and called on the Chief to briefly review its provisions. The Chief stated that many man hours of police time were spent in the escorting service -- naming Banks, Kentucky Fried Chicken, Winged Foot Golf Club and Hory Chevrolet as among its main users. He further pointed out that neighboring communities charged a $5.00 fee for such service and thus that this had been the figure recom- mended to be used for this community. In response to the Supervisor's invitation to speak first in favor of and then in opposition to the proposed law, Mr. George Schuler stated that he felt $5.00 was a very minimal fee and that with gas increasing in cost, etc. , he felt it might be raised. Some discussion then followed as to whether the fee should be raised in order to cover any part of the cost of such service considering not only the gas used, but the time of an Officer. Mrs. Maria Russell noted the loss of police protection to residents caused by such ser- vice, but still said she felt the service was one of protection and should be rendered at a minimal fee. Mr. White stressed the fact that any fee might serve to discourage the use of such escort service which was costly but observed that a higher fee aimed at paying at least a part of the cost might serve as even more of a deterrent toward using the service. Councilman Vandernoot then stated that when the law had been before the Board previously, he had suggested that $5.00 might not be a sufficient fee and that decision be delayed to check the going rate. Since perhaps the proposed fee was too low, he suggested a higher fee be named -- suggesting $10.00 if the Board agreed. Whereupon following some further discussion, Councilman White moved that the law be amended so as to carry a fee of $10.00. The motion was seconded by Councilman McMillan with the vote thereon as follows: Councilmen White, Vandernoot and McMillan voting "aye" and Supervisor Helwig and Councilman Bloom voting "no". The Attorney then explained that in the case of a divided vote, a new public hearing must be held with readvertisement of Notice and thereupon since no one else wished to be heard, on motion by Council- man McMillan, seconded by Councilman Bloom, it was unanimously resolved that the hearing be closed and that a new hearing be held at the next meeting of the Board on October 16th, 1974 with publication of the Notice as required by law hereby authorized. OLD BUSINESS 1. Report - "Freedom Information Law" The Supervisor reported that the record lists were being complied by each of the Departments and probably would be ready by the next meeting. This information, she said, would be available during bus- iness hours with a $.25 per page charge for reproduction and as re- "' at the last meeting, with each Department Head acting as the Access Agent for his department. 2. Progress Report on Bubble-Ice Skating Rink The Engineer reported good progress on the "Bubble" with completion of the Service Building indicated around November 1st, the Air Struc- ture with all equipment ready to set the "bubble", and with only one problem -- a strike tying up installation of the re-freezing equip- ment for the ice rink 'and. late November. - 3 - Councilman Vandernoot noted that the time-use requests exceeded Mr. Kronenberger's estimates which certainly looked good. NEW BUSINESS 1. Report of Assessor - Assessment Roll 1974-75 The Assessor's Report on the 1974-1975 Assessment Roll was presented and following a brief review by the Supervisor for the information III of those attending the meeting, ordered received and filed for the record. 2. Salary Authorizations - Recreation Pursuant to memoranda addressed to the Board by the Superintendent of Recreation under dates of September 23rd and 27th, 1974, and here- with presented and ordered received and filed, on motion by Council- man White, seconded by Councilman Bloom, it was unanimously RESOLVED, that this 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 Leaders Thomas Auchterlonie Sr. Rec. Sat. Gym. $54.00 per 'session 10-12-74 Richard Owen " " 54.00 " " 10-12-74 Carol Sullivan /I 54.00 " " 10-12-74 Alexander Fletcher II II 54.00 " " 10-12-74 Cathy Cilento " II 54.00 " " 10-12-74 David Warren " 54.00 " " 10-12-74 Thomas Auchterlonie Sr. Rec. Eve. Gym. 45.00 " II 9-10-74 III Richard Owen I/ II 45.00 " " 9-10-74 Carol Sullivan 9-10-74 Cathy Ciento II II " 9-10-74 II Alexander Fletcher 45.00 9-10-74 Open House Program William Reilly Sr. Rec. Leader 30.00 per session 10-11-74 Richard Owen 1, " 24.00 " 1, 10-11-74 II Thomas Auchterlonie " 24.00 " " 10-11-74 Carol Sullivan " " 24.00 " II 10-11-74 Cathy Cilento " " 24.00 " " 10-11-74 Richard Rella il II 24.00 " II 10-11-74 Sr. Rec. Leader William Reilly Men's Physical Fitness 24.00 per session 10-7-74 Ingrid Meimis Women's " " 24.00 " " 10-9-74 Carol Sullivan Women's " it 18.00 " II 10-9-74 Claire Demas Women's " " 18.00 " " 10-9-74 Cathy Cilento Women's " " 18.00 " II 10-9-74 Gary Eliasson Lifeguard, Hummocks Pool 2.20 per hour 9-1-74 Jonathan Brown Rec. Attend't Memorial Pk. 2.50 per hour 9-9-74 3. Appointments - Human Rights Commission III Mr. Lloyd King, Mr. Martin Weinraub, Mrs. Ralph C. Franklin and Reappointment of Sidney C. Philip to fill unexpired term of Mr. Cuneo Following a brief review of the qualifications of each of the proposed appointees to the Human Rights Commission by Councilman Bloom, on his motion which he offered with great pleasure and which was seconded by Councilman Vandernoot, it was unanimously - 4 - RESOLVED, that this Board hereby appoints the following persons members of the Commis- sion of Human Rights of the Town of Mamaroneck to serve for a three year term of office effec- tive immediately and terminating as set forth herebelow: Mr. Lloyd King -May 19th, 1977 24 Lafayette Drive Mr. Martin Weinraub -May 19th, 1977 12 Dimitri Place Mrs. Ralph C. Franklin -May 19th, 1977 11 West Drive Mr. Sidney C. Philip -to fill the unexpired 59 Vine Road portion of Mr. Frederic Cuneo's term of office expiring May 19th, 1975. and be it further RESOLVED, that the appointees be notified accordingly. The Supervisor, on behalf of the Board, expressed its thanks to Mr. Cuneo and Mrs. Green for the service rendered to the Town and for having "blazed the trails" on the Human Rights Commission. 4. Set date for Public Hearing - Proposed Local Law N. 4-1974 "Regulating and Controlling Police Alarm Systems" The Supervisor briefly reviewed the background of the proposed law and inquired the Board's pleasure in fixing a date for hearing thereon since the revisions requested by the Board had been made. Councilman White moved that such hearing be held on November 16th since Councilman Bloom would be back in Town and able to be present on that date, whereupon on his motion, which was duly seconded, it was unanimously so ordered with authorization for publication of the Notice for Hearing as required by law. COMMUNICATIONS 1. Letter, Otto Scheuble A letter addressed to the Board by Otto and Kathryn Scheuble under date of September 27th, 1974 together with letter addressed to the Planning Board by Mr. Scheuble under date of July 13th, 1974 and enclosed therewith, were presented and ordered received and filed. Following Mr. Scheuble's lengthy address to the Board recounting the entire history of the 9-year-long course of events concerning Cook's Restaurant, including his presentation of pictures taken by him and newspaper articles clipped by him pertaining to the various requests for zoning amendments, etc. , as well as revaluation and reassessment, Mrs. Helwig assured Mr. Scheuble that the Planning and Town Board records would be reviewed once again and that the matters raised by him re revaluation and reassessment would be re- ferred directly to Mr. Doyle, the Town Assessor. Also presented and filed for the record were letters from Thomas J. Kirchoff, Sr. of 25 Rock Ridge Road and Julius and Mary Anger of 23 Rock Ridge Road, written and hand-delivered as of this date in support of Mr. Scheuble's request for action on former applications for amendments to the Zoning Ordinance in connection with the oper- ation of Cook's Restaurant together with memorandum addressed to the Supervisor by the Building Inspector under today's date reporting that all was in order with no violations regarding the garbage situa- tion at Cook's. - 5 - '39,9 2. Petition for Stop Sign - Edgewood Avenue A letter, enclosing a petition carrying 47 signatures of residents of Edgewood Avenue, addressed to the Supervisor by Thomas P. Fleming, under date of September 26th, 1974, regarding an earlier request for the installation of a Stop Sign on Edgewood Avenue which had been denied by the Commission, was presented and ordered received and filed. The Supervisor reported that this matter had been referred to the Police Commission for its attention and reply. The Supervisor -- Commendations, Police Department At this time, Mrs. Helwig called to attention that the Police Commission, which formerly had presented the award commendations to Police Officers at the Annual Inspection, this year for the first time would make these commendations publicly at the start of the October 16th Town Board Meeting so that they would be in- corporated into the public records. The Supervisor further noted that the families of all the officers concerned would be invited and expressed the hope that all who pos- sibly could would accept this invitation to be present that evening when these officers were honored. REPORTS The Town Clerk-- The following report was presented and ordered received and filed: Report of the Building and Plumbing Inspector for the month of September, 1974. The Supervisor-- Mrs. Helwig called to attention the 50th Anniversary of The Daily Times extending, on behalf of the Town Board and the Town, hearty congratulations and since thanks and appreciation for the fine coverage always given to Town affairs. The Deputy Supervisor-- 1. Returns on Tenant Questionaires Mr. Vandernoot reported that the Town had received about a 23% return on its Questionaires mailed to all Unincorporated Area apartment house residents urging that all residents who had not replied do so. He stressed that the information given would be kept confidential and that, although many calls had been received, the Town, in this case, needed actual statistics therefore requiring the Questionaires to be answered and returned. In reply to Councilman White's request that a follow-up letter be forwarded to the landlords for the information requested from them, Mrs. Helwig reported that a special note so requesting had been sent to each last week. Councilman McMillan-- 1. Approval of Appointment of Robert P. Hurley and Mrs. Frances Thurston (p-t) to Narcotics Guidance Council. Following Councilamn McMillan's presentation of the qualifications and background of Robert P. Hurley and Mrs. Frances Thurston for their appointments to the Narcotics Guidance Council as Staff - 6 - Psychologist (full time) and Staff Social Worker (part time) respectively, together with copy of Village of Mamaroneck's resolution approving Mr. Hurley's appointment, on his motion, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck hereby approves the appointments of Robert P. Hurley as Staff Psychologist (full time) and Mrs. Frances Thurston as Staff Social Worker (part time) to the Narcotics Guidance Council provided similar resolution is adopted by the Village of Larchmont. ADJOURNMENT There being no further business to come before the Board on motion unanimously made and seconded, this meeting, to recon- vene on October 16th, 1974, was declared adjourned at 10:20 p.m. , in respect to the memory of former Supervisor Owen A. Mandeville, Sr. with the following resolution spread upon the minutes of the meet- ing as a public and permanent tribute to him: IN MEMORIAM Whereas, the Honorable Owen A. Mandeville, Sr. elected a member of the Town Board on January 1st, 1938, appointed Supervisor on February 3rd of 1943 and subsequently elected and re-elected to that Office in which he served until December 31st, 1955, died on August 8th, 1974, and Whereas, during his terms as Supervisor, he also served on the County Board of Supervisors as a member of several Committees and as Chairman of the Budget and Appropriations Committee, and Whereas, he was an outstanding and highly esteemed public official who served the State of New York, the County of Westchester and his local community with great dedication, Now, Therefore, Be It Resolved, that we, the members of this Board honor Owen A. Mandeville, Sr. for his long and distinguished service to the Town of Mamaroneck and along with all the citizens of the community record our sorrow at his passing, and be it further Resolved, that this meeting shall stand adjourned in respect to his memory and that this resolution shall be spread upon the minutes thereof as a public and permanent record of tribute to-- The Honorable Owen A. Mandeville, Sr. with a copy forwarded to the members of his family with deepest sympathy and condolences. - 7 - 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 White, 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: Franklin Cleaners $ 323.50 McGuire Bros. , Inc. 20.00 Exxon Co. , U.S.A. 129.00 Frank Claps 240.00 New York Telephone Co. 11.34 New York Telephone Co. 206.91 William Smith Supplies, Inc. 26.00 R. G. Brewer, Inc. 40.95 Con Edison 254.22 Anthony N. Librandi 36.00 Excelsior Garage & Machine Works, Inc. 259.74 I & T Plumbing & Heating Co. , Inc. 199.43 $1,747.09 .09 2. Report Commissioner Bloom presented the following report which was III herewith ordered received and filed: Report of the Fire Department for the month of September, 1974. 3. The Fire Chief The Chief called to attention that the Town of Mamaroneck Fire Department would launch its annual "Fire Prevention Week Campaign" with a drill and demonstration Sunday at 11 o'clock at the Ferndale Shopping Center preceeding Fire Prevention Week starting on October 9th. Since this demonstration was planned to inform residents of firefighting problems and show them it was safer to prevent a fire than to extinguish one, the Chief extended a most cordial invitation to all residents who possibly could to attend the demonstration and actually participate in using firefighting tools. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:30 p.m. to reconvene on October 16th, 1974. Or 0 i (Deputy) Town Clerk - 8 -