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.
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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.
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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.
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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
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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.
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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
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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.
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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
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