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HomeMy WebLinkAbout1971_04_21 Town Board Regular Minutes apm MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 21st, 1971, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TAI OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. ROLL CALL Present: Supervisor Helwig Councilman Faiola Councilman Nagel Councilman Vandernoot Councilman Bloom Absent: None Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Highway Superintendent Mr. Paonessa - Building and Plumbing Inspector Mr. Widulski - Town Engineer OPENING OF BIDS - Television Closed Circuit for Inspection of Sewer Lines The Clerk presented the Affidavit of Publication of the Notice for Bids for the record and opened and read aloud the following bids reporting receipt of correct bid check or bond and the non-collusive statement signed in each case. Bidder Bid Per Foot Total Robinson Pipe Cleaning Company $ .45 $ 3,600. New England Pipe Cleaning Company .29 2,320. Penetryn System, Inc. .39 3,120. Whereupon Councilman Nagel recommended that the usual procedure in the award of bids be followed and on his motion, seconded by Councilman Faiola, the following reso- lution was unanimously adopted: RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit that of New England Pipe Cleaning Company, in the amount of $2,320. for television closed circuit inspection of sewer lines in various locations within the Town, in accordance with the specifications set forth in the Notice for Bids, provided that upon examination - 1 - ' 0 by the Engineer, Attorney and Comptroller, said bid is found to be satisfactory in all respects; 0[:J be it further RESOLVED, the Clerk be and he hereby is directed to return the bid checks or bid bonds to all except the successful bidder. THE SUPERVISOR -- At this time the Supervisor stated that she would like to depart from the regular order of business in order to make some remarks about our Town Clerk, Mr. Gronberg. She stated that this was the evening of Mr. Gronberg's birthday on which, with his customary dedication to the Town of Mamaroneck, he was officiating at this meeting. She also pointed out that January 1st of this year marked Mr. Gronberg's 25th anniversary of able, loyal and con- scientious service to all of the people of the Town of Mamaroneck. "The members of this Board and the Town staff", she said, "wish to take this opportunity to publicly recognize your outstanding record of public service and to express our gratitude to and admiration for an honored and beloved colleague and to wish you not only the happiest of birthdays but another 25 years with the Town." A letter so stating and written on behalf of this Board and the staff was then presented to Mr. Gronberg by the Supervisor with the request that it be filed as a part of the permanent record of this meeting. PUBLIC HEARINGS 1. Application for Special Permit New Gas Station - 2385 Boston Post Road On motion by Councilman Bloom, seconded by Councilman Faiola, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk presented the Affidavit of Publication of the Notice of Hearing together with memoranda from the Building Inspector and Engineer under dates of February 16th and March 15th, 1971 respectively, which were herewith ordered received and filed as part of the record of this hearing. THE SUPERVISOR -- At this time due to the number of persons present, the Supervisor with the consent of the Board, temporarily adjourned the meeting to reconvene in the Auditorium. - 2 - RESUMPTION OF PUBLIC HEARING The Supervisor stated that all members of the Board had received copies of the memoranda as well as of the revised plan for their study with report of Planning Board and asked whether any member of the Board wished to make any comments on this application. Councilman Bloom noted that this was not a new gas station but rather an improvement of the present station. The Supervisor then stated that the Board would now hear anyone present who wished to speak to the application requesting first that those in favor, then those in opposi- tion address the Board. Mr. Milton D. Jacobs - 10 Fiske Place, Mount Vernon Mr. Jacobs, Attorney and Agent for Power Test Petroleum Distributors, Incorporated, the applicant, briefly reviewed the plan for the renovation and spoke to the Statement of Facts and Rider to the Application presented by the appli- cant, all of which were herewith ordered received and filed for the record. Since in reply to the Chair's question, no one else wished to be heard either in favor of or in opposition to this application, on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. And thereupon in response to the Supervisor's query as to the Board's pleasure, on motion by Councilman Bloom, seconded by Councilman Faiola, the following resolution was adopted by unanimous vote of the Board, all members be- ing present and voting aye: WHEREAS, Power Test Petroleum Distributors, Inc, has applied to this Board for a Special Permit pursuant to Sections 410, 432 and 449 of the Zoning Ordinance of the Town of Mamaroneck to continue the use of the property located on the northwest corner of Boston Post Road and Dean Place and more defini- tively known as Block 505, Parcel 415 on the Tax Assessment Map of the Town of Mamaroneck, as a gas station only, eliminating the garage and repair work; and WHEREAS, the Board referred the matter of the application to the Planning Board for report pursuant to Section 432 of the Zoning Ordinance; and WHEREAS, the Planning Board after considering the application made and submitted its report to this Board; and WHEREAS, a public hearing has been held by this Board - 3 - on this date, following publication of due Notice as provided in Section 432 of the Zon- ing Ordinance and the Town Law, at which all persons who appeared were afforded an oppor- tunity to be heard, at which Counsel and Agent for the applicant was heard; and WHEREAS, this Board has considered the matter and studied and reviewed all of the information relating to the granting of this application and finds as follows : 1. That this Board finds that the additional standards as set forth in Section 432 - 1, 2, 3, 4 have been met; 2. That as a constitutionally protected non-conforming use, the subject premises have been used as a gasoline station, garage and automobile repair shop; 3. That the proposed use as a gasoline station only eliminating the garage and repair work constitutes an improvement appropriate to the surrounding area and its orderly develop- ment; 4. That the applicant has agreed to conform with all of the conditions incorporated in the Zoning Board of Appeals' approval of the necessary variances; 5. That the applicant has also agreed to conform to all of the requirements of the Building Department with regard to light- ing; NOW, THEREFORE, BE IT RESOLVED, that a permit is hereby granted to Power Test Petroleum Distributors, Inc, pursuant to Section 432 of the Zoning Ordinance of the Town of Mamaroneck, to continue the use of the property as a gasoline station only, as shown on the re- vised plan filed with the application, provided that said permit is issued subject to the follow- ing conditions : 1. That the amount of illumination be held to a reasonable level with all fixtures arranged so as to eliminate any direct lighting on adjacent residential properties; 2. That the 10-foot planted strip be clearly specified as to plantings of an evergreen nature and maintenance of the planting strip a condition of the permit; 3. That no automobile repairs be permitted on the premises; 4. That all yard drainage be collected within the site and piped to a storm drain; and be it further - 4 - 1)9 RESOLVED, that permit is obtained within a period of three months from the date of the adoption of this resolution, or by July 21st, 1971, that construction is started within a period of six months or by October 21st, 1971, and completed within a period of one year or by April 21st, 1972. 2. Bicycle Ordinance On motion by Councilman Vandernoot, seconded by Council- man Bloom, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk presented the Affidavit of Publication of the Notice of Hearing which was herewith ordered received and filed for the record, and the Supervisor stated that she did not believe it was necessary to go over the pro- visions of this Ordinance since it had been considered for some time by the Board. The Ordinance provided for the registration of bicycles, she further stated, and cooperated with the bicycle safety program in the schools. Mrs. Helwig then stated that the Board would now hear anyone who wished to speak to this Ordinance, requesting those in favor to speak first, then those in opposition: Mrs. Joseph Weisenthal - 895 Orients. Avenue Mrs. Weisenthal addressed the Board explaining that the Parent Teacher Associations had commenced to work on the bicycle program last fall and had held discussions -- with officials of the three municipalities toward the adoption of a uniform Ordinance for the registration of bicycles. She further said that it had been strongly felt that such an Ordinance would be helpful to the police in cutting down the bike thefts throughout the community. "While we have not quite achieved our goal", she continued, "we are happy to have this Ordinance from the Town and hopeful that it will assist the police in the recovery of stolen bikes through registration and identification." The Supervisor stated that the Parent Teacher Council had already spoken of a lack in the Town's Ordinance and assured Mrs. Weisenthal that any suggestions and recommendations toward curing such a lack if it were found to actually exist would be most welcome and given every consideration by the Board. Mr. Roy O'Neill - Acting Director Health, Safety and Physical Education Mamaroneck Schools Mr, O'Neill advised the Board that the school program was starting in the Mamaroneck Avenue school next week with all bicycles registered and therefore carrying plates. He further stated that safety inspections of all bikes would be conducted by the school and assured the Board that the entire Physical Education Department would give its full support to this program. - 5 - Edmund Colloton -- 11 Ellsworth Road Mrs. Colloton stated that she wished to heartily endorse all of Mrs. Weisenthal's remarks and that the Murray Avenue P.T.A. was solidly in support of this program. Mrs. Gerald S. Kolbert - 27 Shadow Lane Mrs. Kolbert, President of the Chatsworth Avenue School P.T.A. and speaking for that organization, also heartily endorsed the program which would be fully supported in that school. Councilman Nagel -- Mr. Nagel said that he too was disappointed that the three municipalities had not been able to coordinate their efforts so that there would be only one Ordinance for the entire community but that he was grateful to Mr. Johnston for coming up with an Ordinance that was work- able and practical for the Town. Since no one else wished to speak in favor, the Chair inquired whether anyone wished to be heard in opposition? Mr. D. Fais - 35 Harrison Drive Mr. Fais addressed the Board stating that he was not speaking exactly in opposition, but rather on behalf of adult riders. He said, "We have five bikes in our family - one for my wife, one for myself, as well as those of our children." He suggested with respect to the adults that there be a form sent annually to adults for re-registration rather than for a yearly trip to the police station. The Supervisor assured Mr. Fais that this suggestion would be given consideration since certainly the intent of the Ordinance was not to impose hardship on any resident. Weisenthal -- Mrs. Weisenthal pointed out that in some of the Ordinances annual re-registration was required only for youngsters and suggested that perhaps this Ordinance could be altered in this respect. Councilman Faiola -- Councilman Faiola remarked, "as we all know some of the communities have had this Ordinance on their books for years with no enforcement." He suggested that a written report from both the Police Department and the schools be requested annually from the date of the adoption of this Ordinance to see if it is effective. Mrs. D. Fais -- Mrs. Fais stated that one thing which made an Ordinance unworkable was that the Ordinance made it difficult for - 6 - persons to comply with its provisions and she reiterated her husband's earlier suggestion that forms be sent to adults for re-registration rather than requiring them to go to the Police Department. - Councilman Bloom -- Councilman Bloom raised a question as to whether renewals could not be issued without resubmission of application particularly in view of there being no fee which was noted for consideration, and thereupon since no one else wished to be heard, on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that the hearing be and it is hereby declared closed. In response to the Supervisor's query as to the Board's pleasure, Councilman Nagel moved that the Bicycle Ordinance be adopted as presented. The motion was seconded by Council- man Bloom with the request that the record note that consider- ation be given to the additional procedures recommended this evening including Councilman Faiola's request for the sub- mission of a report annually beginning one year from this date: RESOLVED, that the General Ordinances of the Town of Mamaroneck be changed and amended so as to add thereto a new Chapter to be known as Chapter IX-H, entitled "Bicycle Ordinance", which shall read as follows: 1. REGISTRATION REQUIRED It shall be unlawful on and after. the first day of June 1971, for any person to operate or use a bicycle propelled wholly or in part by muscular power upon any of the streets, alleys or public highways of the Town of Mamaroneck, Westchester County, New York, exclusive of the areas within the incorporated limits of the Villages of Larch- mont and Mamaroneck, without first registering said bicycle with the Police Department as hereinafter provided. This requirement shall not apply to residents of the Villages of Larchmont and Mamaroneck whose bicycle has been registered or licensed by the Police Department of either of said villages. 2. ISSUANCE OF REGISTRATION The Police Department is hereby authorized and directed to issue, upon written application, bicycle registrations which shall be effective for the period of one (1) year, starting on the 1st day of June and ending on the 31st day of May the following year. Said registrations, when issued, shall entitle the registrant to operate such bicycle for which said registration has been issued upon all the streets, alleys, and public highways, exclusive of the sidewalks thereof, in the Town of Mamaroneck, New York, exclusive of the areas within the incorporated limits of the - 7 - Villages of Larchmont and Mamaroneck. The Police Department shall not issue a registration for any bicycle to an applicant who is under sixteen years of age. A registration obtained through false representation that the applicant is of the required age shall be null and void. 3. REGISTRATION The Town of Mamaroneck, New York, shall provide each year metallic registration plates and/or seals, together with registration cards, said metallic registration plates and registration cards having stamped thereon in numeral order, beginning with number 1, and indicating the year for which the same are issued, and the letters TMBR stamped thereon; such metallic registration plates shall be suitable for attachment upon the frames of bicycles, and it shall be the duty of the Police Department to attach one (1) such registration plate to the frame of each bicycle, and to issue a corresponding registration card to the registrant. Such metallic registration plates shall remain attached during the existence of such registra- tion. The Police Department shall also keep a record of the date of issue of such registra- tion, to whom issued, and the number thereof. 4. TRANSFER OF OWNERSHIP It shall be the duty of every person who sells or transfers ownership of any bicycle to report such a sale or transfer by returning to the Police Department the registration card issued to such person as registrant thereof, together with the name and address of the person to whom said bicycle was sold or transferred, and such report shall be made within five (5) days of the date of said sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer of registration therefor within five (5) days of said sale or transfer. 5. SECOND-HAND BICYCLES: PURCHASES AND SALES All persons engaged in the business of buying second-hand bicycles are hereby required to make report within twenty-four (24) hours of each such purchase to the Police Department, giving the name and address of the person from whom each bicycle is purchased, the description of each bicycle purchased, the frame number thereof and the number of the metallic registra- tion plate found thereon, if any. All persons engaged in the business of selling new or second- hand bicycles are hereby required to make a report within twenty-four (24) hours of each such sale to the Police Department, giving the name and address of each person to whom sold, the kind of bicycle sold, together with a description and - 8 - frame number thereof and the number of the metallic registration plate attached thereto, if any. 6. REMOVAL OF REGISTRATION NUMBER It shall be unlawful for any person to wilfully or maliciously remove, destroy, mutilate or alter the number of any bicycle-frame registra- tion pursuant to this ordinance. It shall also be unlawful for any person to remove, destroy, mutilate or alter any registration plate, seal or registration card during the time in which said registration plate, seal or registration card is operative, provided, however, that nothing in this ordinance shall prohibit the Police Department from stamping numbers on the frame of bicycles on which no serial number can be found, or on which said number is il- legible or insufficient for identification purposes. 7. RENTAL AGENCIES AND/OR BICYCLE DEALERS The provisions of this Ordinance relating to the registration of bicycles shall be applicable and binding upon any person, firm, or corporation which engages in the practice of renting or selling bicycles. Such persons or organizations shall be required to comply with the provisions hereof as if personally operating such a bicycle within the Town of Mamaroneck. 8. PENALTIES Any person violating any provision of this chapter may upon conviction be punished for the first offense by a fine not exceeding ten dollars and for the second offense by a fine not exceeding twenty- five dollars and for a third or any subsequent offense within one year by a fine not exceeding fifty dollars, or, by removal of the registration certificate or tag for a period not exceeding thirty days from any bicycle registered by such person. The invalidity of any part, clause, section, or provision of this chapter of this ordinance shall not invalidate any other part, paragraph, clause, section or provision thereof. and be it further RESOLVED, that the foregoing amendment to the General Ordinances shall become effective on June 1st, 1971 following its posting and publication. - 9 - 3. Increase Income from $3,000, to $5,000. for Partial Tax Exemption for Persons 65 years of Age and Over On motion by Councilman Faiola, seconded by Councilman Bloom, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk presented the Affidavit of Publication of the Notice of Hearing together with a memorandum addressed to the Board by Mr. Doyle, Assessor, under date of April 1st, 1971, which were herewith ordered received and filed as part of the record of this hearing. The Supervisor stated that in accordance with Section 467 of the Real Property Tax Law which had been amended by Chapter 291 of the Laws of 1970 to authorize each Town to fix the income qualifications for 50% tax exemption of real property owned by certain persons 65 years of age or over, at any level between $3,000. and $5,000. She further stated that as a result of this amendment to the law, the Westchester Board of Legislators had increased ' the income level to $5,000. for persons qualified for the exemption and that the School Board had recently adopted the $5,000. income level, while the Town limit presently re- mained at $3,000. thus creating a problem for the Receiver of Taxes in computing County, Town and School taxes. She pointed out that as the Board would note from the copy of Mr. Doyle's memorandum forwarded to them, both the Receiver of Taxes and the Assessor had recommended that the level of income for aged persons exemption be increased to $5,000. by the Town and School Boards to coordinate with the County. She further pointed out that there were 74 such partial exemptions on the 1970-71 Roll with a total of $6,100. annual revenue loss which was thus spread on other taxpayers. She stated that if the increase were granted it was estimated that this figure might be raised to $9,800. of tax exemption which would result in $16,000. less annual revenue or an approximate figure of 11C per $1,000. for the other taxpayers to pick up. This would apply to next year's Roll for the 1972 taxes. The Chair inquired whether any member of the Board had any comment and since no one did, stated that those who wished to address the Board would now be heard requesting that first those in favor speak, then those in opposition. And thereupon since no one wished to be heard either in favor of or in opposition to the proposed amendment, on motion by Councilman Faiola, seconded by Councilman Vander- noot, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. And thereupon in response to the Supervisor's query as to the Board's pleasure, on motion by Councilman Bloom, seconded by Councilman Vandernoot, the following resolution was adopted by unanimous vote of the Board, all members being present and voting aye: �t ll N A RESOLUTION TO PROVIDE FOR A PARTIAL EXEMPTION FROM TOWN TAXES, OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED INCOME WHO ARE SIXTY-FIVE YEARS OR OVER. Be it enacted by the Town Board of the Town of Mamaroneck as follows : SECTION 1. - Pursuant to the provisions of section four hundred sixty-seven as amended of the real property tax law, the purpose of this resolution is to grant a partial exemption from taxation to the extent of fifty per centum of the assessed valuation of the real property which is owned by certain persons with limited income who are sixty-five years of age or over, meeting the requirements set forth in such section as amended. 2. - Real property owned by persons sixty- five years of age or over shall be exempt from Town taxes, except district taxes, to the extent of fifty per centum of the assessed valuation, subject to the following conditions : a. The owner or all of the owners must file an appli- cation annually in the assessor's office of the Town in which real property is located, at least ninety days before the day of filing the final assessment roll or such other time as may be hereafter fixed by law. b. The income of the owner or the combined income of the owners must not exceed $5,000. from all sources as set forth in such section four hundred sixty-seven, for the twelve consecutive months prior to the date that the application is filed. Where title is vested in either the husband or wife, the combined income may not exceed such sum. c. Title to the property must be vested in the owner, or, if more than one, in all the owners for at least sixty consecutive months prior to the date that the application is filed. d. The property must be used exclusively for residential purposes, be occupied in whole or in part, by the owners and constitute the legal residence of the owners. 3. - This resolution shall take effect immediately after its adoption, and shall be applicable to Town taxes, except district taxes, for the year nineteen hundred seventy-one and for subsequent years; and be it further RESOLVED, that the Town Clerk of the Town of Mamaro- neck is hereby authorized and directed to post and publish this resolution as required by law. - 11 - OLD BUSINESS k @ 1. Adoption of Resolution Capital Notes (Highway Truck) Pursuant to memorandum addressed to the Board by the Comptroller under date of April 21st, 1971 herewith presented and ordered received and filed, the following resolution was offered by Councilman Faiola, who moved its adoption, seconded by Councilman Bloom, to-wit: CAPITAL NOTE RESOLUTION DATED APRIL 21st, 1971. A RESOLUTION AUTHORIZING THE ISSUANCE OF $9,125. CAPITAL NOTES OF THE TOWN OF MAMARONECK, WEST- CHESTER COUNTY, NEW YORK, TO PAY A PART OF THE COST OF THE PURCHASE OF A DUMP TRUCK FOR THE TOWN HIGHWAY DEPARTMENT. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester: County, New York, as follows : Section 1. The Specific object or purpose to be financed, in part, pursuant to this resolution is the purchase by the Town of Mamaroneck, West- chester County, New York, of a 1971 GMC Model CM 66413 truck with dump body for use by the Town Highway Department. Section 2. The maximum estimated cost of such specific object or purpose is $10,625. and the plan for the financing thereof consists of the issuance of $9,125. capital notes of said Town, hereby authorized to be issued pursuant to the Local Finance Law, with the balance, in the amount of $1,500. , to be provided by a trade-in of a used truck. All further powers in connection with the details and sale of said capital notes are hereby delegated to the Supervisor, the chief fiscal officer of said Town. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such notes as the same respectively become due and payable. Section 5. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows : Councilman Bloom Voting Aye Councilman Vandernoot " Aye Councilman Nagel " Aye Councilman Faiola Aye Supervisor Helwig Aye The resolution was thereupon declared duly adopted. - 12 - 2, better, Mr. Gardeski - Re: Manual Control Box - Signal 183, Route 125 The Supervisor reviewed a communication addressed to Chief O'Brien by Mr. R. M. Gardeski, Regional Traffic Engineer of the New York State Department of Transportation under date of April 6th, 1971, stating that the department would have a pedestrian study made to determine if there was a need for more control over the pedestrian movement at Signal 183, Route 125. 3. Planning Board Report - Application for Special Permit to Construct Building for Auto Glass and Repair Shop, 2430 Boston Post Road The Clerk read into the record a Planning Board report addressed to the Town Board under date of April 15th, 1971 as follows : "At the Planning Board meeting held on April 14th, 1971 the Board decided that they would reserve their recommendations until a later date on the application of Mr. Donald Ritacco for a Special Permit to construct a building for the proposed use of auto glass and repair shop at 2430 Boston Post Road. The Chairman, Mr. Maggini, suggested that members of the Board make a tour of other body shops in the vicinity. Mr. Mercurio from the Westchester County Department of Planning promised to make a survey of auto glass and repair shops in the County and report back to the Chairman." The Supervisor stated that she thought although the item was out of order on the agenda that the receipt of a petition referring to this application which would be referred to the Planning Board should be noted here. Upon recognition Mrs. Mary Telesco of 3 Dillon Road, addressed the Board to request that the petition be read into the record, which accordingly was so ordered. Petition filed by 25 residents of Sherwood Drive addressed to the Town Clerk under date of April 19th, 1971: "We the undersigned do hereby make this petition to voice our opinion against the erection of a building, on Block 503, Parcel 421, in the unincorporated Town of Mamaroneck, to house an auto glass and body repair business. Our opinion is based on the noise pollution it would create, the invasion of our property noise-wise, and the fact it would not enhance our properties in any manner, shape or form, due to the eventual "junk-yard" it creates and the offensive odor of paint fumes." 4. Report - Bonnie Briar Tennis Courts The Clerk read into the record the following letter addressed to Mr. Thomas E. Byrne III, President of the Bonnie Briar Country Club, by the Town Engineer under date of April 14th, - 13 - 1971: "Your letter of April 7th, 1971 and a copy of the as-built survey have been received by this office. The plan has been reviewed with the Chairman of the Planning Board and is in agreement with the plan originally recommended by the Town Planning Board and approved by the Town Board. The Chairman and the writer find the as-built final survey in agreement with all features of the Special Permit and recommend that the final approval by the Building Department be reviewed as in the normal course." The Supervisor stated that this matter which had been before the Board for a number of months was finally settled and therefore ordered the communication received and filed. NEW BUSINESS 1. Salary Authorization - New Police Patrolman Pursuant to memorandum of the Police Chief under date of April 21st, 1971, herewith presented and ordered received and filed, on motion by Councilman Nagel, seconded by Council- man Faiola, it was unanimously RESOLVED, that in accordance with the recom- mendation of the Police Commission, this Board hereby authorizes the appointment of Paul Munch as Patrolman in the Town of Mamaroneck Police Department, effective as of April 22nd, 1971 and to be compensated at the rate of $9,273. per annum. 2. Report on State Aid Decrease 1971 The Supervisor referred to the report submitted by the Comptroller, copy of which had been furnished to each member of the Board, on reductions in State Aid for 1971 resulting from the State budget cuts, inquiring whether any member of the Board had any questions thereon. She added, for the Board's information, that she had addressed a memo to each of the department heads request- ing them to report how any savings might be effected in their respective departments. 3. Authorization of Transfer of Funds - Prince Willows Sewer Pursuant to memorandum of the Comptroller under date of April 21st, 1971, herewith presented and ordered received and filed for the record, on motion by Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously - 14 - RESOLVED, that this Board hereby authorizes the following transfer of funds within the 1971 Budget and Surplus Funds: From Special District - Sewer District ill - Surplus A/C x`503 $39,198.26 To Special District - Sewer District Yb1 - 39,198.26 Appropriation A/C #609 (Sewer Construction Costs 8120.4 - 403) 4. Authorization for Payment of Insurance Claims The Clerk referred to the communication addressed to him by Knox, Lent and Tucker, Inc. under date of March 19th, 1971 requesting a resolution for $250. reimbursement for insurance claims. Whereupon on motion by Councilman Faiola, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes payment of claim of Knox, Lent & Tucker, Inc. , in connection with settlement of claims of Anthony Colongelo, Elizabeth Reddy, Ernest Aschner, M. M. Mader and Samuel Crain under Town Policy #RLU467166 with Royal Indemnity Company, containing a $50.00 deductible property damage clause. 5. Appointment - Zoning Board of Appeals The Supervisor recalled that a vacancy was still in exist- ence on the Zoning Board due to the death of Mr. Henry Mullick and stated that the Chair would entertain recom- mendations for a replacement to this Board. Councilman Bloom presented in nomination the name of Mr. George P. K. Ching and after briefly reviewing his qualifications and experience to fill this post, moved with pride his appointment. This motion was seconded by Councilman Vandernoot who stated that he had met Mr. Ching on several occasions and felt strongly that he would be a most welcome addition to the Board and thereupon the following resolution was unanimously adopted. RESOLVED, that George P. K. Ching of 9 Birchfield Road, Town, be and he hereby is appointed a member of the Zoning Board of Appeals of the Town of Mamaroneck to serve for a five year term of office ending on February 19th, 1976; and be it further RESOLVED, that the Supervisor so notify Mr. Ching extending a very cordial welcome to him on behalf of the members of this Board. - 15 - Mr. A. Ernest Fuhrmann - 11 Winthrop Avenue At this time upon recognition by the Chair, Mr. Fuhrmann inquired as to the proper time to ask questions of the Board regarding the Kentucky Fried Chicken establishment since there was no provision on the agenda for its discus- sion, pointing out in particular that certain questions raised at the last Town Board meeting had not been answered which he therefore would like to repeat as follows : 1. No answer to question of how many and when traffic and pedestrian surveys had been taken from the date of completion of the schools to the date of issuance of this permit. 2. What contingency plans had been made for the additional traffic to be produced or caused by this establishment? In reply, the Supervisor stated that taking the second question first, the A.A.A. had made a preliminary survey and would make a further study -- and also that Mr. Gardeski of the State Traffic Department had been requested to make a study. To the first question, she said, she was as yet unable to give actual statistical information. Mr. Augustine DiFiore - 16 Winthrop Avenue Mr. DiFiore stated that they had received a communication from the Town Clerk which he then read and on which he had two questions as follows : 1. What is Mr. Johnston's interpretation of Section 267 of the Town Law? 2. What is the status of the petitions and permit now? Mrs. Helwig, in replying, stated that the Attorney's interpretation of Section 267 of the Town Law placed the petitions before the Zoning Board of Appeals, explaining that any appeals from decisions made by the Administrative Official empowered to enforce the Zoning Ordinance must go to the Zoning Board for appeal as such an appeal is a challenge of that official's decision. Q: When does that Board next meet? A: April 28th. Q: Does that Board have the power to revoke this permit if it decides in favor of the petitioners? A: Yes. The Supervisor then pointed out the timing involved in filing an appeal stating that she did not believe the petitioners could be heard on April 28th as the matter was not on the agenda of that meeting which was now set with applications duly advertised (10 days) as required by law. - 16 - COMMUNICATIONS 1. Petition - Proposed Auto Glass & Repair Shop 2430 Boston Post Road Mrs. Helwig stated that the disposition of this communi- cation had been ordered when presented under item 3 of Old Business. 2. P.S.C. Notice - Con Edison Rates The Town Attorney reviewed this Notice which was herewith filed for the record, reciting that it required no action since the public hearing which would affect all people was deferred to August 17th of this year. 3. New York State Department of Environmental Conservation - Notice of Public Hearing - Water Rates (New York City) The Chair advised the Board that the County and the Westchester Joint Water Works would act for the Town in this matter and herewith ordered the Notice received and filed for the record. REPORTS The Supervisor -- 1. Report - Mamaroneck Village Proposal - Baldwin Place One-Way Street The Supervisor noted the hearing being held in the aforesaid matter before the Village of Mamaroneck Board of Trustees this evening informing the Board that both the Chief of Police and the Fire Chief would represent the Town in opposition because of the effect of this proposal on emergency services to certain areas of the Town. Councilman Faiola remarked that he agreed with our two Chiefs and moved that the Town record its opposition due to the danger of impeding emergency services. The motion was seconded by Councilman Bloom and the following resolution was thereupon offered: RESOLVED, that this Board hereby supports and endorses the oppositon registered by the Town of Mamaroneck Police and Fire Chiefs to the proposal of making Baldwin Place one-way from Fenimore Road to Rock- land Avenue at the public hearing before the Village of Mamaroneck Board of Trustees this evening. When the vote on the foregoing resolution was taken Councilman Nagel abstained from voting because he did not know enough about it and requested that his abstention be so noted in the record. - 17 - }" The resolution was therefore adopted by a majority vote of 4 ayes. Councilman Bloom remarked on the fact that there was a hill as one drove on this street from west to east over which it was true that sight visibility was cut off, but felt that in spite of this the utility of this road was extremely important for emergency services. The Supervisor advised the Board that the proposed amend- went and public hearing thereon resulted from a petition carrying the signatures of all but one resident of the said street requesting amendment of the Ordinance so as to make this a one-way street in the interest of protecting the safety of the resident children. The Councilmen Mr. Vandernoot -- 1. Report - Bond Anticipation Note, $65,000. For the Board's information, Mr. Vandernoot read a memo addressed to the Board by the Comptroller under date of April 8th, 1971 reporting on the bids for the Bond Anticipation Note of $65,000. for the parking lot purchase, and purchaser thereof the County Trust Company of Mamaro- neck at 2.35%. 2. Apportionment Upon presentation of the following apportionment, on motion by Councilman Vandernoot, seconded by Councilman Faiola, the following resolution was unanimously adopted. WHEREAS, the Assessor has presented petition for the correction of the assessment roll for certain years pursuant to the provisions of 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 cor- rection of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1970-1971, taxes of 1971, which shows property now appear- ing on the rolls as follows : Block Parcel Name Land Tmp. Total 132 463 Pietro Perciasepe $4,800 $12,700. $17,500. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: - 18 - Block Parcel Name Land Imp. Total 132 463 Peter R. Perciasepe Jr. $2,300. - $ 2,300. 132 465 Frank R. Perciasepe 2,500. 12,700. 15,200. Not on Agenda Town Attorney -- 1. Report on Purchase of Garbage Truck The Attorney advised the Board that it would be necessary to fix a date for a public hearing in connection with the expenditure for the acquisition of a garbage truck as required by law in the case of Special District purchases. The Supervisor thereupon inquired the Board's pleasure and upon the Attorney's confirmation that there was sufficient time for publication of the necessary notice, on motion by Councilman Faiola, seconded by Councilman Nagel, the following resolution was unanimously adopted. RESOLVED, that a public hearing will be held by the Town Board of the Town of Mamaroneck, at its next regular meeting on May 5th, 1971, at 8:15 p.m. in the Council Room or Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of consider- ing the purchase of a new Garbage Disposal Truck to replace a worn-out obsolete vehicle which is used for garbage collection within the limits of the unincorporated area of the Town of Mamaroneck, all as is provided for by law; and be it further RESOLVED, that the Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, "The Daily Times", Notice of such Hearing as required by law. Mr. William Gerety - 32 Hillcrest Avenue Mrs Gerety addressed the Board raising a question about the cars parking on HHlcrest and Edgewood Avenues which results in insufficient room on the right-of-way. He inquired about the fate of the recommendation made some time ago that parking be restricted to only one side of each of these streets. The Supervisor thanked Mr. Gerety for his inquiry and advised that she would contact the Traffic Commission to learn what action was being taken on this request. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded it was declared adjourned - 19 - M at 9:30 p.m. , to reconvene on May 5th, 1971. 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 Com- missioner Faiola and on his motion, seconded by Commissioner Vandernoot, it was unanimously RESOLVED, that the following Fire Depart- ment claims be and they hereby are approved, and the Supervisor and Comptroller author- ized to pay the same out of the Fire Depart- ment budget: Best Uniform Co. , Inc. $ 142.55 R. G. Brewer, Inc. 51.60 Con Edison 145.91 Con Edison 5.00 Frank's Fuel Service 75.00 Mc Guire Bros. , Inc. 10.00 Mobil Oil Corp. 49.17 New York Telephone Co. 116.18 Walter D. Rickert 305.20 Westchester Joint Water Works 5,005.00 Total. .. . .. . . .. . . . . . $ 5,905.61 2. Other Business a) Request of Chief - Attendance at Annual Bowling Tournament The Chief requested the Commission's approval for the use of the Fire Chief's car for the Bowling Team's attendance at the Annual Bowling Tournament in Syracuse, New York from April 30th through May 2nd, 1971 without mileage cost to the Town. Commissioner Faiola moved the approval of this request, which motion was seconded by Commissioner Vandernoot, with the following resolution thereupon offered. RESOLVED, that this Commission hereby approves the request for the use of the Fire Chief's car, with no mileage cost to the Town, for transportation of the - Bowling Team of the Town of Mamaroneck Fire Department to the Annual Bowling Tournament to be held in Syracuse, New York April 30th through May 2nd, 1971. - 20 - Commissioner Nagel stated that he was opposed to this resolution since this was not the purpose for which these cars were furnished and he therefore voted against it. The resolution was accordingly adopted by a majority vote of 4 ayes to 1 naye. 3. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:35 p.m. , to reconvene on May 5th, 1971. - 21 -