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HomeMy WebLinkAbout1972_09_06 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 6th, 1972, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARO- NECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. ROLL CALL Present: Supervisor Helwig Councilman Faiola Councilman Vandernoot Councilman Bloom Councilman White Absent: None Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Highway Superintendent Mr. Altieri - Comptroller Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of August 2nd, 1972 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING - Application for Special Permit Frank Micelli On motion by Councilman Vandernoot, seconded by Councilman Bloom, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Supervisor outlined the procedure for the hearing stating that the Clerk would read into the record for the information of those present first the Notice of Hearing and second the report of the Planning Board to which the application had been referred pursuant to Section 432 of the Zoning Ordinance; following which those in favor of the application would be heard, then those in opposition. Whereupon the Clerk read the Notice and Planning Board Report as follows: Notice of Hearing Please Take Notice that a public hearing will be held by the Town Board of the Town of Mamaroneck on the 6th day of September 1972, at 8:15 p.m, in the Council Room or Auditorium of the Weaver Street Firehouse, Weaver - 1 - Street and Edgewood Avenue in the Town of Mamaroneck, pursuant to Article IV, Section 432 of the Zoning Ordinance of the Town of Mamaroneck, for the purpose of considering the application of Frank Micelli for a Special Permit to construct a building to be located on property on the east side of Valley Place and known as Block 131, Parcels 36, 40 and 45 on the Tax Assessment -- Map of the Town of Mamaroneck, for storage and mainten- ance of his own contractor's equipment, and for leasing a portion of said building and land for the storage and maintenance of school buses. Plans and Specifications for this construction can be seen at the office of the Building Inspector of the Town of Mamaroneck between the hours of 9:00 a.m. and 4:30 p.m. , except Saturdays and Sundays. These premises are located in a B (Business Zone) which provides that garages which include facilities for servicing and repair may be permitted subject to a Special Permit issued by the Town Board, and shall meet the requirements of the Zoning Ordinance with respect to Article IV, Section 432. Please Take Further Notice that all persons at said public hearing will be given an opportunity to be heard. Report of Planning Board Subject: Special Permit for Block 131, Parcels 36, 40 and 45 Valley Place The Planning Board met at a regular meeting on July 12, 1972 and a special meeting on August 1st, 1972 to dis- cuss the above-mentioned subject. At this time the Planning Board recommends approval to the Town Board of the request for special permit for a public garage and facilities for the above-mentioned properties subject to the following conditions: 1) That adequate provision be made for waste oil storage similar to that in gasoline service stations; 2) That adequate provision be made for disposal of waste water from washing of the equipment; and 3) That adequate provision be made for off street parking for all employees. The Supervisor then asked if anyone present wished to address the Board in favor of the application whereupon Francis A. Auleta, Esq. spoke as attorney for the applicant stating that his client, Mr. Frank Micelli, was a contractor who needed the proposed structure for the storage and servicing of his own heavy equipment, and also in the interest of today's economy with its sky-rocketing taxes, to rent a portion of the building and adjacent premises for the storage and servicing of school buses. He stated that his client was willing to abide by any conditions the Board might care to impose and that the building would be in harmony and also in tune with the zoning of the property across the street - 2 - located in New Rochelle which was zoned M-1 for light manufacturing. He pointed out that Mr. Micelli had been granted a variance by the Zoning Board for the construction of a building for storage and maintenance of his own equipment, but that the request for permis- sion to rent a portion thereof for the storage and maintenance of school buses had been withdrawn therefrom by that Board upon advice that this part of the application required a special permit which could be granted only by the Town Board. Hence, he said, this application which if it were approved, would constitute an improve- ment to the neighborhood and benefit the Town as well by increasing the assessment roll. Councilman Bloom stated that as far as he was concerned, the recom- mendations set forth in the Planning Board's report using the word "adequate" were inadequate since he would have no idea of what was or would be considered "adequate!'. He stated, for example, that before voting approval of this application he would need to know what was "adequate" as to a tank for the storage of waste oil -- what was adequate for the disposal of waste water with detergents, whether through storm drains or dry well -- and what would be "adequate" in either case. Questions raised as to the size and number of buses, the hours of operation (whether servicing would be indoors or outdoors) , and the provision of off-street parking were answered as follows : the number and size of the buses to be accommodated not definite; the business would operate in daylight hours only with servicing to be indoors, and sufficient off-street parking would be provided. A statement from the City of New Rochelle pertaining to several of these items addressed to the Board under today's date and hand delivered to the Clerk this afternoon was herewith read into the record as follows : "The City of New Rochelle has no objection to the request for a Special Permit for the construction of a building on the west side of Valley Place (Block 131, Parcels 36, 40 and 45) for the storage and maintenance of contractors ' equipment and school buses, providing the following conditions are met: 1. There is adequate provision for the storage of waste oil similar to that required for gasoline service stations. 2. There is adequate provision for the disposal of waste water and surface drainage. 3. There is adequate provision for off-street park- ing for all employees. 4. There is no on-street parking of buses. 5. That Valley Place will be used for ingress and egress to the storage area. 6. That buses will be prohibited from using Plain Avenue and Pleasant Street. Thank you for your interest and cooperation." With regard to the foregoing statement, the Supervisor asked whether the Town could prohibit the use of streets not in its own jurisdiction which was answered by the Town Attorney in the negative. 3 'V: The Supervisor then asked whether anyone present wished to be heard in opposition whereupon the following persons addressed the Board: Mr. A. Bruce MacDonald - 21 Jochum Avenue Mr. MacDonald stated that he was not speaking either in favor of of in opposition to the application but rather wished to ask some questions. He explained that he was very much concerned as a resident of the Pinebrook area and as one who for the past several years had been deeply involved and worked with the Federal, State and County as well as local governments in trying to find the source of the oil which has destroyed fish and animal life in the Premium River and Marshlands. These investigations had led to various in- dustrial establishments located in the Fifth Avenue area which had discharged oil through drains from there into the marshland area; two of the violators being a construction company and a school bus garage. He pointed out that though this was known, the Town did not have the enforcement personnel to stop these violations. There- fore, he said, to grant this application would, even though the requirements to install necessary holding facilities were met, in all probability result in even greater degradation of the Premium marsh conservation area; it would be a far wiser course, he felt, to prevent another possible problem arising in this Valley Place area. He respectfully requested that before action was taken, the matter be brought to the attention of the Conservation Advisory Committee. Although the immediate neighbors of this proposed construction had voiced no objections at a Planning Board hearing, the ecological impact of such a business transcends the immediate neighborhood because those who may suffer often live not in the immediate vicinity but farther down along the Premium River and in the area bordering the Premium Mill Pond. Also heard was Mr. Lawrence Lowey, speaking for LIFE, stating that in view of the existing problems in locating sources of oil pollution, -- he would like to bring to the attention of this Council that, if it approved this application, it would be adding one more possible source of pollution. Should such pollution appear, he said, everyone would be pointing a finger at everyone else and he inquired what steps the Town could take to prevent such happening. The Supervisor asked whether the Town had sufficient legislation to prosecute, to which the Attorney replied that the Town had power, if the source could be traced definitely, to get to court in half a day and obtain an injunction stay. The difficulty, he said, being to get the necessary proof of the source. Mrs. Elizabeth Lehman of C.E.Q. and Life Center spoke to a letter and enclosures addressed by her to the Supervisor under today's date as herewith read into the record: "For the past two years G.E.Q. , other local citizens and the Conservation Advisory Committee have been trying to trace the source of a persistant .oil slick in the Premium River and Mamaroneck Conservation area in Premium Marsh. Our investigations have led us to various sources, all of them industrial establishments, all located along the storm drain which passes through New Rochelle in the vicinity of Fifth Avenue, under Valley Place, opening under the Boston Post Road into the Premium Marsh area. The most blatant violators of ordinances designed to prevent the discharge of oil into storm sewers have been - 4 - two: a construction company and a school bus garage. The former has used the storm drain for waste oil coming from bulldozers and trucks, the latter for the detergent run-off from washing buses, sometimes as many as 50. The attached letters from the Federal Environmental Protection Agency to the businesses in question illustrate the kind and magnitude of the problem. Unfortunately the problem has not stopped with warnings from the government, either Federal or local although it has improved somewhat. — Unfortunately, too, the existence of holding tanks and ordinances requiring their use do not prevent individuals from using storm sewers. There are two large garages on Fifth Avenue in the Town of Mamaroneck who have holding tanks, yet we find persistent oil in the catch basin in front of one of them. A witness has stated privately that he has seen an employee of one of the garages dump oil from a waste drum into the catch basin but it has been impossible to obtain an affidavit or photo- graphs to back up this statement. Our Town does not have the enforcement personnel to stop such violations. Therefore, we wish to point out at this evening's hear- ing, that permission granted to bring buses and construc- tion equipment to Valley Place, even with requirements to install necessary holding facilities, may in all probability result in even greater degradation of the Premium Marsh conservation area and noxious odors to residents all along the drain who have been complaining incessantly to Town and Village of Mamaroneck engineers. Unless we have a person who can regularly inspect the commercial establishments along the drain and who has legal power to enforce ordinances, --- we cannot expect individual workmen who work for the estab- lishments in question-.to take anything but the easiest way out. We have personally witnessed an employee of Shore Transportation on Sharot Street, New Rochelle, hosing detergent-laden water down the storm drain and telling us when we asked why, "But that dirty water only drains into Long Island Sound". What is needed is a cement washing area with a drain leading into a sanitary sewer so that the water will be treated at the sewage treatment plant. The detergent in that water can remove the protective oil from a duck's feathers. Furthermore, the Environmental Protection Agency informs us that while petrol- eum wastes violate State water quality standards, there are as yet few standards for other chemical substances including detergents. It would seem a far wiser course to prevent the possible problem on Valley Place than to try to rectify a bad situation later. This has been our experience over the past two years. Before acting on this application, therefore, may we respect- fully request that the matter be brought to the attention of the Conservation Advisory Committee. Immediate neighbors in the Valley Place area apparently voiced no objections at a Planning Board hearing. The ecological impact of such a business, however, transcends the immediate neighborhood because those who may ultimately suffer live not in the immediate vicinity but farther down along the Premium River and in the area bordering the Premium Mill Pond." Addressed to -- Enclosure - Miceli Brothers and Shore Transportation by Attorney - Enforcement Division E.P.A. "This office has received a complaint from the New Rochelle Citizens for a Better Environment that your operations are responsible for the discharge of waste oil into the storm sewers of the City of New Rochelle. This complaint further - 5 - alleges that this oil discharge makes its way, by means of the City's storm sewer system, into Premium Brook, a navigable water of the United States. Our investigation of this situation reveals that this discharge would violate an ordinance of the City of New Rochelle which prohibits the discharge of any petrol- eum products into the storm sewer system. This discharge would also violate State water quality standards which prohibit the discharge of visible amounts of oil into the waters of the State of New York. We would, therefore, strongly urge your company to work closely with City and State authorities to abate this pollution as soon as possible. Should the environmental hazard now allegedly caused by your operations not be abated within the near future, the United States Environmental Protection Agency will conduct a field investigation of this situation with a view towards possible Federal enforcement activity against your company. We would, however, hope for your complete cooperation in this matter, since it is only with the full assistance of business organizations such as yours that the Environmental Protection Agency can hope to solve the problems of our environment. If you have any questions about this matter, please do not hesitate to call me at Area Code 212-264-1192. " Dr. C. Alan Mason - 482 Weaver Street Dr. Mason stated that there were specific special building restric- tions for construction in connection with tanks for storage of oil and waste water in flood plain areas and asked whether the plans for this building complied with those restrictions? The Supervisor stated that she did not believe this was a flood plain area but that this would be rechecked. Mrs. Mary Ann Johnson - 17 Pryer Lane Mrs. Johnson advised the Board that she was present at the request of Mr. Thomas Amlicke, Chairman of the Conservation Advisory Com- mittee, and stated that she felt the application needed further study. She also said she would like to offer a suggestion - namely that some effort be made toward establishing communication with the Conservation Advisory Committee in the case of all applications for Special Permits concerning environment which policy would be in line with the direction coming from the State and County relating to impact on environment. In replying to Mrs. Johnson, the Supervisor stated that this had been the Town's policy in general for some time but that perhaps further thought should be given to establishing a more definite procedure. Councilman Faiola in briefly summarizing the discussion said he believed there were three major problems before the Board in connection with this application -- 1st, that the word"ladequate" in the provisions set forth by the Planning Board was inadequate; 2nd, that sufficient off-street parking must be provided; and 3rd, that facilities for the storage and disposition of waste oil, gasoline, and waste water containing detergents from all washing of vehicles on washing racks be provided so as to meet with the approval of the environmental groups and so as to not permit any leakage or drainage that could in any way contribute to further 6 - pollution of the Sound, and he then recommended that the application be approved and permit granted if the foregoing stipulations were incorporated therein to the satisfaction of the Building Inspector and Town Engineer. Councilman Bloom remarked that providing definitive conditions regarding storage tanks, dry wells, drainage, off-street parking, etc. , to the satisfaction of the Building Inspector and Town Engineer left a few things to be done. Further, he said, he did not feel that any further policy was needed for referral of applications to the Conservation Advisory Committee since this was already the case wherever - - an application pertained to lands neighboring conservation areas. Mrs. Johnson agreed but emphasized that if any application which might affect the environment even though the land was not near a conservation area, was referred to the Conservation Advisory Committee, the Town in the future might be afforded protection through prevention. And thereupon since no one else wished to be heard, on a motion offered by Councilman Faiola and seconded by Councilman Bloom, it was unani- mously RESOLVED, that the hearing be and it hereby is declared closed. The Supervisor then inquired as to the Board's pleasure, whereupon Councilman Faiola moved that the application be approved subject to the conditions hereinabove set forth. This motion was seconded by Councilman Bloom and the following resolution thereupon adopted by unanimous vote: WHEREAS, Frank Micelli has submitted an application for a Special Permit to construct a building to be located on property on the east side of Valley Place known as Block 131, Parcels 36, 40 and 45 on the Tax Assessment Map of the Town of Mamaroneck for the storage and main- -- tenance of his contractor equipment and to lease a portion of the said building and land for the storage and maintenance of school buses; and WHEREAS, the said application and plans are subject to a Special Permit to be granted pursuant to Article IV, Section 432 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, the applicant has applied to this Board for a Special Permit as provided in Section 432 of the Zoning Ordinance, which has been referred to the Planning Board for report, which report as received aid herewith incorpor- ated in the minutes of this hearing recommended that the said application be granted; and WHEREAS, a public hearing was duly called before this Board for this meeting pursuant to Section 432 of the Zoning Ordinance; and WHEREAS, the Board has examined the plans and finds that - 7 - the conditions and standards required by Section 432 of the Zoning Ordinance of the Town of Ma- maroneck have been met; NOW, THEREFORE, BE IT RESOLVED, that the application of Frank Micelli is hereby granted and the Building and Plumbing Inspector of the Town of Mamaroneck authorized to issue a Special Permit for the construction of a building to be used for his own purposes and also to extend the use so as to permit him to rent a portion of this said building and premises for the storage and maintenance of school buses provided that the proposed con- struction conforms in all respects with the Building Code, the Plumbing Code, and the Zon- ing Ordinance of the Town of Mamaroneck; and also complies with the provisions hereinbelow set forth subject to approval by the Town Building and Plumbing Inspector and the Town Engineer. 1) that provisions be made for the installation of a 550-gallon underground tank for the storage of waste oil; 2) that provisions be made for the disposal of waste water from washing equipment, etc. into a sanitary sewer in conformance -- with the Plumbing Code of the Town of Mamaroneck; 3) that off-street parking facili- ties be provided for all em- ployees or persons for which the building and use is de- signed in conformance with the off-street parking requirements of the Zoning Ordinance of the Town of Mamaroneck; and be it further RESOLVED, that Permit is obtained within a period of three (3) months from the date of the adoption of this resolution, or by December 6th, 1972; that construction is started within a period of six (6) months or by March 6th, 1972, and completed within a period of one (1) year or by September 6th, 1973. 8 - OLD BUSINESS 1. Report on Painting of Sheet Metal Doors Weaver Street Firehouse A report on bids for painting of sheet metal doors and door bucks - at the Weaver Street Firehouse addressed to the Board by the Engineer under date of August 23rd, 1972 was herewith presented and following the Engineer's verbal comments thereon, ordered received and filed for the record. 2. Report on Paving Court House Parking Area A report on the paving of the Court House parking area addressed to the Board by the Comptroller under date of August 29th, 1972 was herewith presented and ordered received and filed for the record. 3. Report on Stream Diversion Peter S. Myers A report on the Peter S. Myers ' Stream Diversion Permit addressed to the Board by the Engineer under date of September 6th, 1972 was herewith presented and ordered received and filed for the record. NEW BUSINESS 1. Salary Authorizations for: a) Emergency Overtime for: 1) Police Pursuant to memorandum of the Police Commission under date of August 24th, 1972, herewith presented and ordered received and filed, on motion by Councilman Vandernoot, seconded by Council- man Bloom, it was unanimously RESOLVED, that as approved by the Board of Police Commissioners, this Board hereby authorizes payment of Emergency Overtime Compensation to the following officers of the Town of Mamaroneck Police Department for the number of hours set forth for each covering the period from July 29th to August 24th, 1972: Name Hours Min. Sgt. Diamond 1 30 Det. Sgt. Perritano 2 Det. De Vico 12 Ptl. Carden 2 " Gerardi 12 30 " Garrison 8 " Giacomo 8 " Greenstein 8 30 Graziano 45 " Knox 3 30 Mosiello 1 30 Pyrch 1 30 Total 61 45 9 - 2) Fire Pursuant to memorandum of the Fire Chief under date of September 1st, 1972, herewith presented and ordered received and filed for the rec- ord, on motion by Councilman Faiola, seconded by Councilman Bloom, it was unanimously RESOLVED, that as approved by the Fire Chief, this Board hereby authorizes payment of Emergency Over- time Compensation to the following Firemen of the Town of Mamaroneck Fire Department for the number of hours set forth for each covering the period from July 29th to August 31st, 1972: Name Hours Lt. J. Garofalo 14 it S. Garofalo 10 Fireman C. Mirande 12 " N. Wilson 2 If H. Newman 4 It R. Baron 10 Total 52 b) Recreation Pursuant to memorandum of the Superintendent of Recreation under date of September 6th, 1972 herewith presented and ordered received and filed, on motion by Councilman Vandernoot, seconded by Council- man Bloom, it was unanimously RESOLVED, that as recommended by the Recreation Commission, this Board hereby authorizes that the following pool personnel be engaged and compensated as set forth below: Effective Name Title Date Salary Catherine Barres Life Guard 9-1-72 $2.00 per hour Katherine Corkery " " " it John Emmerich " " " If " it Gale Golly Gail Kelly August Longo Kathleen McHugh Marc Sherman Sally Williams Francis Gallagher Key Attend. 1.85 " Mary Ann Leonardi " '.' " " " Stephen Walsh If " " if " " Sue Williams if " " " " Patricia Wilson Robert Wilson 2. Approval of Appointments and Salary Authorizations for: a) Sgt. William Federice to Contingent Permanent Lieutenant Pursuant to memorandum addressed to the Board by the Police Commission under date of August 22nd, 1972 herewith presented and ordered received and filed as part of the record of this - 10 - meeting, on motion by Councilman Vandernoot, seconded by Council- man Bloom, it was unanimously RESOLVED, that this Board hereby approves the appoint- ment of Sergeant William A. Federice to the rank of Contingent Permanent Lieutenant effective August 24th, 1972 and authorizes compensation beginning as of that date in the amount of $14,300. per annum. b) Detective Thomas R. Mahoney to Permanent Detective Sergeant Pursuant to memorandum addressed to the Board by the Police Commission under date of September 6th, 1972 herewith presented and ordered received and filed as part of the record of this meeting, on motion by Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby approves the appoint- ment of Detective Thomas R. Mahoney to the rank of Permanent Detective Sergeant effective September 7th, 1972 and authorizes compensation beginning as of that date in the amount of $12,700. per annum. c) Patrolman Joel M. Greenstein to Contingent Permanent Sergeant Pursuant to memorandum addressed to the Board by the Police Commission under date of September 6th, 1972 herewith presented and ordered received and filed, on motion by Councilman Faiola, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby approves the appoint- ment of Patrolman Joel Greenstein to the rank of Contingent Permanent Sergeant effective September 7th, 1972 and authorizes compensation beginning as of that date in the amount of $12,185. per annum. d) Two School Crossing Guards Pursuant to memorandum addressed to the Board by the Police Commission under date of September 5th, 1972 herewith presented and ordered received and filed, on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby approves the appoint- ments of Berdeen Jackson and Edwin Jolliffe as School Crossing Guards, effective September 6th and 11th respectively, and hereby authorizes their compensa- tion at the rate of $13.00 each per day. 3. Authorization for Sale of Typewriter - Pursuant to memorandum addressed to the Board by the Comptroller on August 29th, 1972 herewith presented and ordered received and filed, on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes the sale of a I.B.M. electric typewriter, serial x'2127324 to - 11 - Mrs. Catherine D'Agostino at the I.B.M. trade-in price of $110.00. 4. Authorization for Payment of Knox, Lent & Tucker Claim Pursuant to the request of Knox, Lent & Tucker, Town Insurance Carrier, under date of August 21st, 1972 herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby authorizes payment of claim of Knox, Lent & Tucker, Inc. in connection with the settlement of a property damage claim under Town Policy #RLU467166 with Royal Indemnity Company, containing a $50.00 deductible property damage clause. 5. Authorization for Publication of Registration Notice Pursuant to the Clerk's request, on motion by Councilman Vandernoot, seconded by Councilman Faiola, it was unanimously RESOLVED, that in accordance with the provisions of Section 76 and Section 354 of the Election Law, a Notice listing the places of registration and briefly describing each registration district in the Town of Mamaroneck be published in the official newspaper of the Town of Mamaroneck, "The Daily Times", on September 28th and October 5th, 1972. 6. Authorization for Supervisor and Chairman of -- Conservation Advisory Committee to Attend lst Annual Meeting of New York State Association of Conservation Commissions and 2nd Annual Convention of Environmental Planning Lobby Following Mrs. Helwig's explanation and request to the Board to be authorized to attend these two meetings, together with a letter addressed to her by Thomas R. Amlicke, Chairman of the Conservation Advisory Committee, under date of August 23rd, 1972 requesting authorization to attend these same meetings, on motion by Council- man Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes Super- visor Christine K. Helwig and Thomas R. Amlicke, Chairman of the Conservation Advisory Committee, to attend the first annual meeting of the New York State Association of Conservation Commissions and the second annual convention of the Environmental Plan- ning Lobby, to be held at the Lake Minnewaska Mountain Houses near New Paltz from Friday, September 22nd to Sunday, September 24th, 1972, with expenses paid by the Town from the proper appropriations in the budgets of the Supervisor and Conservation Advisory Committee in a total sum not to exceed the amount of $200.00. 7. Authorization to Advertise for Bids for Blossom Terrace Improvement Pursuant to memorandum addressed to the Board by the Town Engineer under date of September 5th, 1972 herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by 12 - R� Councilman Vandernoot, it was unanimously RESOLVED, that in accordance with law, the Town Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaro- neck, "The Daily Times", a Notice for Bids, to be returnable October 4th, 1972, and opened and read aloud at a regular meeting of this Board at 8:15 p.m. on that date for improvements to Blossom Terrace, in accordance with the specifications set forth in the Notice, provided that the said specifications have been approved by the Town Attorney prior to the publi- cation of the aforesaid Notice for Bids. 8. Authorization to Rent Equipment for Leaf Composting at Taylors Lane Pursuant to memorandum addressed to the Board by P.T. Leddy on September 5th, 1972 herewith presented and ordered received and filed, on motion by Councilman Faiola, seconded by Council- man Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes Mr. Leddy to rent a shredding machine with op- erator for a period not to exceed three (3) days at a cost of $250. per day. Councilman Faiola raised a question as to the costs of the leaf composting program being conducted jointly by the Village of Mamaroneck and Unincorporated Area of the Town stating that he believed Conservation was a General Town charge and if this were correct, he would question the propriety of this charge since the Village of Larchmont was party to the cost without benefit therefrom. During discussion by the Board it was pointed out that this program was experimental and that while -- the Village of Larchmont had not joined at the time of its inception, it was hoped that it would come in now if this were possible land-wise. The Board then directed that the Supervisor, Mr. Leddy and Armand Gianunzio, Village Manager of the Village of Mamaroneck, discuss the future financing of the program par- ticularly in respect to the possible inclusion of Larchmont and the preparation of the 1973 Town budget. 9. Cancellation of Performance Bonds for: a) Loman Homes - Lundy Lane Pursuant to the request of the Town Attorney, on motion by Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that in accordance with the recom- mendation of the Town Attorney, this Board hereby cancels Performance Bond No. 4033 in the amount of $88,000.00, dated November 1, 1966, upon which International Fidelity Insurance Com- pany is Surety and Loman Homes, Inc. , 307 Hoyt Avenue, Mamaroneck, New York is Principal. b) Joseph W. Gleicher Company Glen Rock Estates, Portion of Section III Pursuant to the request of the Town Attorney, on motion by - 13 - Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that in accordance with the recom- mendation of the Town Attorney, this Board hereby cancels Performance Bond No. 217194 in the amount of $34,000.00, dated July 1st, 1959, upon which the Continental Casualty Company is Surety and Joseph W. Gleicher Company, Inc. of 55 Liberty Street, New York, New York is Prin- cipal. In reply to question of Councilman Bloom, the Engineer reported that Mr. Adam Sumetz had completed the street improvements on Park Hill Lane. COMMUNICATIONS 1. P. S. C. Notices of Hearings re Con Edison Electric Supply for New York City and Westchester County and 2. P. S. C. Report on Con Edison Gas and Electric Rate Increases The Town Attorney reviewed the Public Service Commission's Notices of Hearings relating to energy conservation measures in the service territory of Con Edison beginning on September llth at 10:30 A.M. at the Commission's office in Tower 2, World Trade Center, New York City, and Hearings on gas and electric rate in- creases on Thursday, September 14th at 10:00 A.M. with continuance on Friday the 15th if necessary at the same location in New Yogic City. In reply to Councilman Faiola's request that a strong protest to any rate increase be filed on behalf of the Town, the Attorney pointed out that since New York City and all of the County were affected, he believed that the County which undoubtedly had the necessary technical knowledge would present a statement represent- ing all local municipalities which did not have such information and without which any statement would be valueless. However at Mr. Faiola's insistence that a statement be filed, it was agreed that the Supervisor frame a letter registering the Town's protest to any rate increase which could not be justified as essential to the provision of adequate power needed_to meet present and future demands. 3. N. Y. S. Department of Transportation Notice - Report on Petition of Beechmont Bus Service, Inc. The Attorney presented a Notice from the New York State Department of Transportation reporting its decision after public hearing on the petition of Beechmont Bus Service, Inc. for a certificate of public convenience and necessity for the temporary operation of a bus line in the Village of Larchmont, Village and Town of Mamaroneck and City of New Rochelle. He stated that permission and approval had been granted subject to the conditions set forth in the Order for the temporary operation by Beechmont Bus Service, Inc. commencing with July 29th, 1972 and including January 25th, 1973 over the routes set forth therein. 4. Request of National Association for Retarded Children to Conduct Annual Residential Appeal in November A request of the National Association for Retarded Children under date of August 30th, 1972 to conduct its Annual Residential Appeal by volunteers of the Town of Mamaroneck during the month of November 1972 was herewith presented and ordered received and - 14 - �4 filed. Following some discussion by the Board of whether this was in conflict with or in addition to the local United Fund Drive, it was directed that the matter be tabled until the October 4th meeting pending receipt of further definitive information on the questions raised at this time. Mrs. William Meister, 9 Hawthorne Road At this time, Mrs. Meister, upon recognition, inquired whether there was any communication regarding the appraisal of the Mettey property as authorized by the Board at its last meeting, notification of which had appeared in the papers at that time. Mrs. Helwig replied that nothing had been received as of this date adding however that she felt it would be shortly. Dr. C. Alan Mason, 482 Weaver Street Dr. Mason, upon recognition, asked whether anything more had been heard from the Corps of Army Engineers, to which both the Supervisor and Engineer replied negatively with the Engineer adding that a call was expected shortly since the Corps had been pretty much on schedule. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered received and filed: Report of the Town Clerk for the month of August 1972. Report of the Receiver of Taxes and Assess- ments for the month of August 1972. Report of the Municipal Dog Patrol for the month of August 1972. Report of the Westchester Shore Humane Society, Inc. , for the month of August 1972. Summary of Budget Appropriations and Expendi- tures January 1st through July 31st, 1972. The Supervisor -- 1. Environmental Quality Bond Act The Supervisor reported that she had attended a County meeting last week at which Mr. George Humphreys, Assistant Commissioner of the New York State Department of Environmental Conservation, had spoken to the proposed $1.15 billion Envioronmental Quality Bond Act which would be on the November ballot as Proposition No. 1. She explained that she would like to strongly recommend not only that the Board endorse this proposal but also urge its voter support - 15 - �Qr in November since passage of the measure would benefit all of the local municipalities (including counties), with 81% of the funds providing direct assistance for capital expenditures and 19% for acquisition costs. To illustrate she cited that of the $1.15 billion total, the allocations to local governments would be as follows: 1st - $650 million to assist local municipalities with the construction of new sewage treatment facilities; 2nd - $150 million for abatement of air pollution from existing public sources -- schools, hospitals and municipal incinerators; 3rd - $175 million to begin their recycling of solid waste; and 4th - $175 million for the acquisition of forest preserve land, wetlands, and other unique lands which might be lost forever. She then inquired the Board's pleasure, pointing out that the proposal had already been endorsed by the County Executive, Edwin G. Michaelian, seven of the Westchester County League of Women Voter Chapters and twelve County groups including the Environmental Management Advisory Council. Whereupon Councilman Bloom stated that under the circumstances outlined by the Supervisor, he would offer a motion that this Board endorse the E.Q.B.A. (Proposition No. 1 on the ballot) and urge its support by the voters in November, which upon being seconded by Councilman Vandernoot, was thereupon adopted by unani- mous vote of the Board. Mrs. Connie Roggeri - 49 Sheldrake Avenue Mrs. Roggeri, upon recognition, addressed the Board to ask: 1st -whether there was any place to take plastics and metals; and 2nd - whether there was any way to protect the glass collection bins since it was extremely hazardous with the glass breaking and small bits and particles flying back. The Supervisor informed Mrs. Roggeri that a meeting was scheduled with Dr. Mathur of the State Resource Recovery and Recycling Division of the Environmental Conservation Department within the next several weeks and that she would inquire about this at that time. She also stated, along with Mr. Aitchison, the Highway Superintendent, that various means of making these collection bins safer such as installation of a deflecting screen or some other device would be sought. 2. Letter re Transfer of Thruway Property (Ref. No. 199) to Town A letter referring to Chatsworth Avenue Ramps, Surplus Property Reference No. 199 addressed to the Supervisor by Norbert L. Noel, Associate Counsel of the New York State Thruway Authority, dated August 15th, 1972, was herewith presented and ordered received and filed for the record. In connection with this matter which had been in process for some years the Supervisor inquired as to the Board's pleasure and thereupon on motion by Councilman Faiola, 16 - seconded by Councilman Vandernoot, it was unanimously RESOLVED, that the Town of Mamaroneck be and it hereby is authorized to accept from the New York State Thru- way Authority the property known as Chatsworth Avenue Ramps, Surplus Property Reference No. 199 and to assume the responsibility for its maintenance, said property covering the area as more particularly set forth in the description enclosed with the letter of Norbert L. Noel, Associate Counsel of the New York State Thruway Authority under date of August 15th, 1972, as herewith presented and ordered received and filed as part of the record of this meeting; and be it further RESOLVED, that it is understood between parties that the Town in accepting property may put it to any municipal use deemed necessary and proper. The Councilmen -- Mr. Vandernoot -- 1. Apportionments Upon presentation of the following apportionments, on motion by Councilman Vandernoot, seconded by Councilman Bloom, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented petitions for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester 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 1971-1972, taxes of 1972, which shows property now appearing on the rolls as follows : Block Parcel Name Land Imp. Total 727 184 Mario R. Cacchione $20,400. $36,400. $56,800. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp. Total 727 184 William A. Ploumis & W. $12,900. $27,400. $40,300. 727 272 Mario R. Cacchione 71500. 9,000. 16,500. and be it further RESOLVED, that the assessment roll of 1971-1972, taxes of 1972, which shows property now appearing on the rolls as follows: Block Parcel Name Land jLnR. Total 214 545 A. Poccia Sons, Inc. $ 3,100. -- $ 3,100. 17 - �7 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp. Total 214 393 William Cunningham $ 800. -- $ 800. 214 396 A. Poccia & Sons, Inc. 800. -- 800. 214 399 A. Poccia & Sons, Inc. 800. -- 800. 214 545 A. Poccia & Sons, Inc. 700. -- 700. and be it further RESOLVED, that the assessment roll of 1971-1972, taxes of 1972, which shows property now appearing on the rolls as follows : Block Parcel Name Land Imp. Total 130 239 Joseph Pittera $ 3,400. -- $ 3,400. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp. Total 130 239 Lloyd King, Jr. $ 2,500. -- $ 2,500. 130 700 Joseph Pittera 900. -- 900. and be it further RESOLVED, that the assessment roll of 1972-1973, taxes of 1973, which shows property now appearing on the rolls as follows: Block Parcel Name Land Imp. Total 130 239 Lloyd King, Jr. $ 4,100. $17,800. $21,900. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp. Total 130 239 Lloyd King, Jr. $ 3,200. $17,800. $21,000. 130 700 Joseph Pittera 900. -- 900. and be it further RESOLVED, that the assessment roll of 1971-1972, taxes of 1972, which shows property now appearing on the rolls as follows: Block Parcel Name Land Imp. Total 228 179 Antoinette E. Hooper $ 9,400. -- $ 9,400. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp. Total 228 179 Carl Ronconi, Jr. $ 3,600. -- $ 3,600. 228 187 Thomas M. Hennessy & W 5,800. -- 5,800. 18 - �QR and be it further RESOLVED, that the assessment roll of 1971-1972, taxes of 1972, which shows property now appearing on the rolls as follows: Block Parcel Name Land Imp. Total 950 1 Constance E. Lieber $22,100. $24,900. $47, 000. be corrected as follows in accordance with the - provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp. Total 950 1 Constance E. Lieber $11,300. -- $11,300. 950 244 Marion E. Young 10,500. $24,900. $35,700. 2. Letter from Robert Whitfield (Not on Agenda) For the Board's information Councilman Vandernoot read a letter addressed to him by Robert Whitfield regarding the leasing of the premises at 234 Stanley Avenue in order to coordinate the operations of the Hot-Line, Store Front and Narcotics Guidance Council, the cost of which was to be funded by the Community Health Board. Mr. Bloom -- 1. Resignation of Dr. Michael Franzblau Conservation Advisory Committee Mr. Bloom presented a letter addressed to the Supervisor by Thomas R. Amlicke, Chairman of the Conservation Advisory Com- mittee under date of August 17th, 1972 advising that Dr. Franz- blau had requested a change in his status from a full member of the Committee to a consultant on solid waste management, which was herewith ordered received and filed for the record. Mr. Bloom expressed his regret as had Mr. Amlicke and the Super- visor over this change but stated that certainly all could under- stand its necessity with Dr. Franzblau's present commitments. And thereupon in accord with Mr. Amlicke's recommendation, Councilman Bloom moved that Dr. Michael Franzblau's resignation be accepted with deep regret and the Board's appreciation for his outstanding service in the Conservation area. The motion was seconded by Councilman Faiola and thereupon adopted by unani- mous vote of the Board. 2. Appointment of Miss Lillian Caprice to Conservation Advisory Committee Councilman Bloom then placed in nomination the name of Miss Lillian Caprice for appointment to the Conservation Advisory Committee. Miss Caprice, at present a Senior High School Housemaster, had been recommended by Dr. Norwood, Superintendent of Schools, and after briefly reviewing her particular qualifications for this post, moved her appointment to the Committee. The motion was seconded by Councilman Faiola with the following resolution unanimously adopted - 19 - P.9 RESOLVED, that this Board with great pleasure hereby appoints Miss Lillian Caprice of the Senior High School staff, a member of the Conservation Advisory Committee to fill the vacancy created by the resig- nation of Dr. Michael Franzblau, and to serve for the unexpired portion of his term of office, said appointment being effective immediately and term- inating on December 31st, 1972. ADJOURNMENT In accordance with Councilman Faiola's suggestion that this meeting stand adjourned this evening in memory to those so tragically killed at Munich and for whom prayers were being held this evening in all of the local synagogues and temples, it was unanimously directed that since there was no further business to come before the Board, this meeting was hereby declared adjourned at 10:10 p.m. in memory of the athletes killed at the Olympics in Munich, Germany. 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 authorization of payment by Commissioner Faiola and on his motion, seconded by Commissioner Vandernoot, it was unanimously RESOLVED, that the following Fire Department claims be and they hereby are approved and payment thereof hereby authorized from the Fire Department budget subject to approval by the Town Comptroller: Albertson Communications, Inc. $ 775.50 Brigante Lawn Mower Service 11.15 Con Edison 177.75 Con Edison 5.00 R. G. Brewer, Inc. 42.62 Excelsior Garage & Machine Works, Inc. 73.53 Exterminating Services Corp. 7.00 Humble Oil & Refining Co. 64.88 Kamdor Plumbing & Heating Corp. 40.00 Lawrence Heat & Power Corp. 23.83 McGuire Bros. , Inc. 10.00 0. Mueller, Inc. 19.35 New York Telephone 149.16 New York Telephone 14.40 Pimentel Lawn Mower Sales & Service 30.40 Suburban Restaurant Supply, Inc. 18.95 Village Paint Supply 15.00 Village of Scarsdale - Water Dept. 308.00 Total. . . . . . . . . . . . . $1,786.52 - 20 - 2. Reports Commissioner Faiola presented the Fire Report for the month of August 1972. 3. Communications - Not on Agenda a) Acceptance of 18 Year Olds As Volunteer Firemen Commissioner Faiola presented a letter addressed to the Town Board by Dominick J. Forti, Fire Chief, under date of Septem- ber 6th, 1972 reading as follows: "It makes me very proud to be able to report that the first eighteen year old youths who were elected to active membership in this Department at the August meeting-were• John Perri Gerard Reynolds Jay Reynolds Under our revised By-Laws; Article 111, (Membership) Section 11 of the By-Laws. Also Roland Reidy and William V. Mc Dermott were accepted, but of a more mature age." Whereupon pursuant to his motion, seconded by Commissioner Vandernoot, it was unanimously RESOLVED, that this Commission hereby approves the election of John Perri, Gerard Reynolds, Jay Reynolds, Roland Reidy and William V. Mc Dermott as new members of the Town of Mamaro- neck Volunteer Fire Department. b) Parking Conditions - Ferndale Shopping Center (Not on Agenda) Commissioner Faiola spoke about the parking conditions at the Ferndale Shopping Center particularly referring to the Tung Hoy Restaurant and stated that, with the Commission's approval, he would like to discuss this matter with the Police Chief, adding that there had been some talk about a 'back road". The Supervisor commented that there was some question about the fencing around Central School as had been recommended by the State and which Dr. Norwood had requested her to have the State take another look at in view of possible complications in connection therewith. c) Home Fire Alarm Systems (Not on Agenda) Commissioner Faiola referred to a letter from the Chief concern- ing the installation of home fire alarm systems requesting that the Engineer be directed to check these out since complications --- had manifested themselves in connection with some systems already so installed. He also stated that he would like the Town to re- quest any resident planning to make such an installation to con- tact the Fire Department directly in view of the calls going to the Police through the telephone and then being relayed by that department to the Fire Department, - 21 - 4. Other Business a) Report on Fire Whistle Commissioner Faiola referred to several communications addressed to the Town about the sound of the new fire whistle stating that there would be a new sound to this whistle in the near future since past performance had been due to a problem in controlling the timing mechanism which was presently under study for correction. b) Request for Authorization for Electrical Survey of Firehouse Pursuant to Commissioner Faiola's request, the Commission unani- mously authorized that an electrical survey of the Firehouse be made. 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:15 p.m. , to reconvene on October 4th, 1972. Town rk - 22 -