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HomeMy WebLinkAbout1971_09_17 Town Board Regular Minutes Notice of Special Meeting Town Board Town of Mamaroneck, N. Y . Pursuant to Section 62 of the Town Law, I hereby call a special meeting of the Town Board, to be held in the Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, at 7:00 p. m. on Friday, September 17th, 1971, to con- sider the request by Monteray Realty Com- pany to engage a Fire Company Safety ex- pert who will make recommendations as to the necessity of having to have access to the roof from the interior court of Building B at Chatsworth Gardens as is provided for in Recommendation #3 of the Fire Council under date of March 19, 1969 made to this Board and incorporated in the Special Per- mit for the re-building of this structure. w Christine K. Helwig Supervisor Dated: September 17th 1 9 7 1 W A I V E R -- o f Notice of Special Meeting of the Town Board Town of Mamaroneck, N. Y. We, the undersigned, hereby waive all notice of the attached Notice of Special Meeting called by the Supervisor on September 17,th, 1971, and consent that this meeting shall be held as stated therein. t, k i Councilman Coun i�n�m. Councilman Councilman Dated: September 17th 1 9 7 1 MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE ON SEPTEMBER 17th, 1971. CALL TO ORDER The Supervisor called the meeting to order at 7:00 p.m. ROLL CALL Present: Supervisor Helwig Councilman Faiola Councilman Bloom Councilman Vandernoot Absent: Councilman Nagel Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Paonessa - Building Inspector Representing Monterey: Judge Munn Brewer - Attorney Mr. Donald La Sala THE SUPERVISOR The Supervisor stated that this meeting had been called for the purpose set forth in the Notice therefor and expressed her thanks to Judge Brewer and Mr. La Sala of Monterey Realty Company for all they had done to help straighten out some of the many problems pending since July 1st. She explained that the Building Inspector had no right to vary any condition stated on the Special Permit issued for the reconstruction of the building known as Unit B - Chatsworth Garden Apartments without the approval of the Town Board and/or Fire Council and referred to the several long meetings held by the principals involved in an effort to resolve these problems. She also thanked Judge Brewer for the revision of the two letters of intent addressed to Mr. Paonessa by Monterey and herewith presented and ordered received and filed as part of the record of this meeting. With reference to the letter concerning Jefferson Street and the parking area, in reply to the Chair's question Mr. Paonessa stated that he would recommend to the Board the granting of a temporary C. 0. upon completion of all -__ of the work outlined therein in accordance with the re- vised plan filed with him. Judge Brewer informed the Board that the parking lot was well under way and that work had started on Jefferson - 1 - 13 Street in spite of the fact that there had been only two working days this week due to rain. He also pointed out that he had misunderstood Mr. Paonessa at this morning's meeting believing that he had said a temporary certifi- cate would be issued immediately upon completion of the rough work on Jefferson Street and the parking lot. How- ever he stood corrected with the letter revised accord- ingly as presented this evening. Discussion then followed between Judge Brewer and Council- man Bloom as to just what was stated in the revised letter and just what was meant with some questioning of interpreta- tion by the two attorneys, Mr. Gronberg called to their attention the two items spelled out in Mr. Paonessa's reply to Mr. La Sala's letter of the 16th and their sub- sequent inclusion in the revised letter along with all the other items. For clarification purposes, Mr. Paonessa explained that following his review of a letter of intent with drawing enclosed addressed to him by Mr. La Sala on September 15th, he had written Mr. La Sala stating his position -- namely, that he would not recommend to the Town Board that he issue a temporary C.O. until all work had been completed on the parking lot, the Jefferson Street access thereto, and the two catch basins installed in accordance with the Engineer's recommendation. Judge Brewer then asked Mr. Paonessa whether he would issue a temporary C.O. if the parking lot was completed and Jefferson Street graded and paved for a minimum width of 26 feet? Mr. Paonessa replied that he would. Mr. La Sala then said that he would like to call to attention the fact that there was some difficulty about the installation of the catch basins due to elevations but that this would be resolved and the installation would be completed as soon as possible. Mr. Paonessa stated that he realized this problem and accordingly Councilman Vandernoot then suggested that item 3 (b) on page 2 of the subject letter of intent be revised further now so as to read as then corrected by common consent of the Board. Mrs. Helwig then referred to the letter of intent concerning the access of fire apparatus into the interior court, presenting the revised letter submitted this even- ing reciting a counter proposal for item 3 of the "COR- RECTIVE MEASURES SUGGESTED BY THE TOWN OF MAMARONECK FIRE COUNCIL AS IT RESPECTS CHATSWORTH GARDENS APARTMENTS" dated March 19th, 1969, which was herewith ordered received and filed for the record. She also requested that the Fire Inspection Report of the subject premises dated September 13th, 1971, as here- with presented be officially received and filed for the record which was thereupon so ordered. Mrs. Helwig also pointed out that acceptance of this coun- ter proposal was subject to the assent of the Fire Coun- cil. Councilman Faiola advised that he was trying to - 2 - arrange a meeting of the Council over the week-end to con- sider this and report to the Board. He also said that while he could not speak for the Council, he was hopeful it would be favorable since he personally was convinced that due to the new aerial truck and other improvement factors, fire apparatus could now reach all areas of the building without difficulty. A brief recapitulation of the evening's proceedings then followed with the suggestion made that if the Board was agreed, the Building Inspector upon his recommendation to the Board be authorized to issue a temporary C.O. to Mon- terey Realty Company upon completion of the work herein- before defined in the parking lot and Jefferson Street and approval of the counter proposal for item 3 of the Fire Council's 1969 conditions by the Board subject to assent by the Council. The Supervisor then asked whether this was agreed or whether there were further comments or questions, and since there were not, inquired the Board's pleasure. Whereupon on a motion offered by Councilman Faiola and sec- onded by Councilman Bloom, the following resolution was adopted by unanimous vote of the Board, all members except Councilman Nagel being present and voting aye: RESOLVED, that upon recommendation of the Build- ing Inspector, this Board hereby authorizes him to issue a temporary C.O. to Monterey Realty Company provided that Company completes the work specified in item 3 (a) of the letter addressed to the Building Inspector by Monterey under date of September 17, 1971, and also as much of the work in item 3.(b) of the subject letter as may be necessary to provide a temporary ac- cess a minimum of 26 feet in width over Jeffer- son Street from North Chatsworth Avenue to the parking lot as shown on the revised plan filed with the Building Inspector and to be construc- ted in a manner satisfactory to the Building In- spector and Town Engineer; it being further un- derstood that Monterey Realty Company will com- plete the other items set forth in the said let- ter with all diligence; and be it further RESOLVED, that this Board hereby approves the acceptance of the letter addressed to the Build- ing Inspector by Monterey Realty Company under date of September 17, 1971, as a letter of in- tent in lieu of condition #3 on March 19, 1969 Fire Council List of Corrective Measures, and approves the engagement of a fire safety expert by Monterey subject to assent by the Fire Council of the Town of Mamaroneck. ADJOURNMENT There being no further business, on motion duly made and sec- onded, the meeting was declared adjourned at 8:10 p.m, fol- lowing the Supervisor's thanks and expression of apprecia- tion to all present for disrupting their plans in order to meet this evening. i Town Clerks/ 3 - MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 6th, 1971, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. ROLL CALL Present: Supervisor Helwig 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. Altieri - Comptroller Mr. Paonessa - Building and Plumbing Inspector Mr. Widulski - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of September 1st, 1971 and the special meeting of September 17th, 1971 were pre- sented, and on motion duly made and seconded, approved as submitted. OPENING OF BIDS 1. Highway Radio Equipment The Clerk presented the Affidavit of Publication of the Notice for Bids for the record, and opened and read aloud the following bids, advising that proper bid checks or bonds accompanied each and that the non-collusive state- ments had been signed: Bidder Bid Motorola $ 12,062. Alternate 13,184. depending on guarantee period R C A 14,397. Alternate 11,949. Suburban Communications, Inc. 11,976. - 1 - 15-_1. On motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby refers the aforesaid bids for Highway radio equipment to Councilman Faiola, the Town Engineer, Town Attorney, Superintendent of Highways and Comptroller for study and report at the next meeting of the Board. 2. Televising Storm Drains The Clerk presented the Affidavit of Publication of the Notice for Bids for the record, and opened and read aloud the following bids, advising that proper bid checks or bonds accompanied each and that the non-collusive state- ments had been signed: Bidder Bid Robinson Pipe Cleaning Company $10,000.00 New England Pipe Cleaning Co. 17,000.25 On motion by Councilman Vandernoot, seconded by Council- man Faiola, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit that of Robinson Pipe Cleaning Company, in the amount of $10,000. for television inspection of storm drains and ancillary maintenance work in various locations within the Town, in accordance with the specifi- cations set forth in the Notice for Bids, provided that upon examination by the Engineer, Attorney, Comptroller and Highway Superintendent, said bid is found to be satisfactory in all respects; and be it further RESOLVED, the Clerk be and he hereby is directed to return the bid check or bid bond to the un- successful bidder. OLD BUSINESS 1. Engineer's Report on Mr. Sackheim's Request for Change of Address Pursuant to report of the Engineer under date of Septem- ber 21st, 1971 herewith read into the record by the Clerk and then ordered received and filed, it was directed that the Supervisor, in accordance with her suggestion, be authorized to discuss the request further with Mr. Sackheim prior to its denial by the Board. 2. Engineer's Report on Flooding - Bonnie Briar Road As requested by the Chair, the Clerk read for the informa- tion of all present, the Engineer's report under date of - 2 - �,_ October 5th, 1971 on the subject of flooding which was then ordered received and filed. The Supervisor addressed Mr. Widulski asking about a suggestion offered by some affected parties concerning piping which he then explained would require rechannel- ing of the stream which in turn would necessitate condemna- tion procedures, etc. and could be extremely costly in land to at least certain of those affected. Mr. Walter S. Bopp - 9 Bonnie Briar Lane Mr. Bopp, President of the Bonnie Briar Civic Association, questioned whether the report was addressed to the exact matter at hand - namely, the procedure followed with respect to the Reservoir. The Supervisor advised Mr. Bopp that she had talked with Mr. Kellogg, the Village Engineer, who had assured her the gates were never and had never been opened at times of heavy storms. Dr. C. Alan Mason - 482 Weaver Street Dr. Mason spoke on the subject advising the Board that a group was busy circulating a questionnaire to ascertain how many interested residents there were in the area of concern. He stated that all but three parties were interested and that, with the Board's permission, the group which he was chairing would try to have a concensus report ready for the Board at its next meeting. - Mrs. Helwig thanked Mr. Bopp and Dr. Mason and stated that the Board would welcome and appreciate any suggestions or assistance from interested and concerned residents. 3. Recreation Superintendent's Report Hommocks Tennis Courts The Clerk read a memorandum addressed to the Board by the Superintendent of Recreation under date of October 6th, 1971, noting the completion and excellence of the Hommocks Tennis Courts, which was thereupon ordered received and filed. 4. Issuance of Temporary C. 0. 16 North Chatsworth Avenue The Clerk read a memorandum addressed to the Board by the Building Inspector on October 6th, 1971 reporting on the issuance of a temporary C.O. to the Monterey Realty Corp. which was then ordered received and filed for the record. It was pointed out that the temporary C.O. was issued for a 60-day period and that the Building Inspector would make a final inspection to see that all pending items were completed satisfactorily prior to issuing the permanent C.O. - 3 - NEW BUSINESS 1. Reappointment of Assessor Following Mrs. Helwig's advice that it was time for appointment of the Assessor in accordance with new assessment improve- ment legislation for a six year term of office, effective as of October 1st of this year, and her assertion that the Village had assured her that they were highly desirous of this reappointment, she inquired the Board's pleasure. Whereupon Councilman Vandernoot stating that the Town was indeed fortunate in having his services and remarking on the extraordinary job Mr. Doyle performed as Assessor of the Village of Larchmont prior to his appointment as Town Assessor last January, moved his reappointment. Mr. Irving Scharf - 334 Richbell Road Mr. Scharf addressed the Board to comment on harassment tactics presently being used by landlords including their proviso in tenant's leases covering assessment increases and inquiring why, as a landlord's income goes up, his assessment should not go up without further infliction of penalty on tenants whose rents had already been materi- ally increased. Mr. Johnston, at the request of the Chair, addressed Mr. Scharf stating that he believed he was referring to the "escalator clause" which apportioned among tenants any increase in assessment and which landlords were legally entitled to include in tenants ' leases. The Chair, upon ascertaining there were no further comments, inquired the Board's pleasure on the motion. Whereupon, the following resolution was adopted by unanimous vote of the Board, all members being present and voting aye: RESOLVED, that this Board pursuant to and subject to Section 1522 of the Real Property Tax Law of the State of New York, hereby reappoints Neal Doyle as Assessor of the Town of Mamaroneck, to serve for a term of office six years commencing on October 1st, 1971 and terminating on September 30th, 1977. 2. Request for Authorization to Attend Assessors ' Course of Training and Education Pursuant to memorandum addressed to the Supervisor by Neal Doyle on October 4th, 1971 herewith read into the record and ordered received and filed, on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unani- mously RESOLVED, that as required by law, this Board hereby authorizes Neal Doyle, Assessor, to attend a Course of Training and Education prescribed by the State Board of Equalization and Taxation, in Albany, New York, from October 11th through October 15th, 1971, with expenses to be paid by the Town of Mamaroneck in an amount not to exceed $200. 4 - 3. Compensatory Time Mary C. Greason A memorandum addressed to the Supervisor and Board by Mr. Neal Doyle, Assessor, under date of October 4th, 1971, was herewith presented and ordered received and filed for the record. The Supervisor noted that this was an unusual request and inquired the Board's pleasure as to its disposition, where- upon on a motion by Councilman Vandernoot, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby authorizes that Mary C. Greason be compensated in the amount of $338.00 for compensatory time as follows: 1968 10 Hours @ $2.55 per hour $ 25.50 1969 37z IT @ 2.90 IT " 108.75 1970 76z IT @ 3.26 IT " 249.39 Total $ 383.64 Less time allowed in 1971 45.64 Total due $ 338.00 4. Salary Authorizations a) Recreation Pursuant to memoranda addressed to the Board by the Super- intendent of Recreation under dates of September 23rd and October 5th, 1971, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Council- man Nagel, it was unanimously RESOLVED, that as recommended by the Recrea- tion Commission, this Board hereby authorizes that the following Recreation personnel be engaged and compensated as set forth below: Date Name Title Effective Salary Cathy Eisler Life Guard 9/1/71 $2.00 per hour Robert Salamone Rec. Asst. 10/2/71 3.00 IT " Douglas Stayman " " " 2.00 IT if Robert Wiener if IT It " if David Turk 10 " " IT If Mike Kramer if " " if if Kristen Talgo it IT If if " " b) Highway and Sanitation Pursuant to memoranda of the Superintendent of Highways under dates of September 15th and 27th, 1971, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Nagel, it was unanimously RESOLVED, that pursuant to recommendation of William Aitchison, Superintendent of High- ways, the following personnel be engaged and - 5 - compensated as set forth below: Date Name Title Effective Salary Louis J. McKay Sanitation Man 9/11/71 $6430. per annum Roosevelt Tucker Laborer 9/27/71 3.08 per hour 5. Resolution Authorizing Highway Superintendent to Apply for Federal Disaster Funds Pursuant to memorandum addressed to Westchester Mayors and Supervisors by the County Executive under date of September 9th, 1971, which was herewith presented by the Supervisor and ordered received and filed for the record, on a motion by Councilman Vandernoot, seconded by Councilman Nagel, the following resolu- tion was unanimously adopted in response to the Chair's query as to the Board's pleasure in this matter: BE IT RESOLVED BY the Town Board of the Town of Mamaroneck, that William T. Aitchison, Superin- tendent of Highways, be and he is hereby authorized to execute for and in behalf of the Town of Mamaro- neck, a public entity established under the laws of the State of New York, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Federal Disaster Act (Public Law 606, 91st Congress) . 6. Authorization to Advertise for Bids Shoulder Improvement, 0ld White Plains Road Pursuant to memorandum addressed to the Board by the Town Engineer under date of October 4th, 1971, herewith presented and ordered received and filed, on motion by Councilman Faiola, seconded by Councilman Nagel, 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 20th, 1971, and opened and read aloud at a regular meeting of this Board at 8:15 p.m, on that date, for roadway shoulder improvement on 0ld White Plains Road, 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 publication of the aforesaid Notice for Bids. COMMUNICATIONS 1. Letter, Walter S. Bopp Lights, Bonnie Briar Lane The Clerk presented a letter addressed to the Board by Walter S. Bopp, President of the Bonnie Briar Civic Association under date of September 21st, concerning the lights in the Bonnie - 6 - Briar area, which was herewith ordered received and filed for the record. The Supervisor advised the Board that she had talked to Mr. Peter Bordas one of the Vice Presidents of Con Edison urging immediate attention to this very grave matter in view of the coming early darkness and had been assured by him that all consideration would be given her request. --- Mr. Bopp who was present thanked the Supervisor for her action in this matter. 2. Letter, John H. Collins Application to Construct Wall A letter addressed to the Board by John H. Collins of 119 Rock- land Avenue, Larchmout, New York, making formal application for a permit to construct a stone wall upon a portion of prop- erty bordering the Sheldrake River in accordance with the plans prepared by Mr. Dolph Rotfeld, Consulting Engineer, was herewith presented and ordered received and filed for the record. Also presented was a report addressed to the Board by William P. Widulski, Town Engineer, under date of October 5th, 1971, which was herewith ordered received and filed for the record of this meeting. Councilman Bloom, in accordance with the usual procedure, recommended that the request be referred to the Planning Board for report at the next meeting and thereupon so moved. The motion was seconded by Councilman Faiola and the following resolution unanimously adopted: RESOLVED, that the request of John H. Collins for a permit to construct a stone wall upon a portion of property bordering the Sheldrake River, in accordance with the plans prepared by Dolph Rot- feld, Consulting Engineer, and filed with the Town Engineer, be and it hereby is referred to the Plan- ning Board for study and report to this Board at its next meeting. 3. Order, State Department of Transportation Prohibiting Left Turns by Traffic from South on Post Road into Kentucky Fried Chicken For the Board's information an Order from the State Department of Transportation, Traffic Engineering and Safety Division, dated September 9th, 1971, prohibiting left turns by traffic from the south on Route US1, SH 5372, at the southerly drive to the Kentucky Fried Chicken Corporation was herewith pre- sented and ordered received and filed for the record. 4. Petition - Residents of Winthrop and Plymouth Streets The Clerk read into the record a petition addressed to the Supervisor, Chairman of the Police Commission, and the Police Chief on September 8th, 1971 by eight families residing on Plymouth Road protesting the parking ban because it reduced - 7 - 1-JU parking space for the residents and encouraged speeding by motorists using the two streets as a short cut between Weaver Street and the Post Road, which was herewith ordered received and filed as part of the record of this meeting. Mrs. Helwig then summarized for the information of all present a letter addressed to her personally by a resident of the area requesting that the new parking regulations be lifted and that since Kentucky Fried Chicken had not created any increase in traffic, no change be made in the present status of either street. During the discussion which followed, the delegation from Winthrop, while supporting the Plymouth petition request- ing that the new parking regulations be rescinded, protested the fact that Winthrop had not been closed despite the Board's resolution of August 4th to temporarily close the street even though the act would be in violation of State law. The Supervisor in responding stated that it was not her under- standing that the Councilmen intended to act illegally and that she personally could not violate her Oath of Office to uphold the laws of the State. Efforts had been made continu- ously, she said, since August 4th to find a legal basis to dead-end the street. She also recalled that Assemblyman Pisani had promised to introduce legislation in January enabling the permanent dead-ending of this street and added that meanwhile officials of both the State and County had sought and were still seeking grounds to warrant closing the street temporarily. Also heard during this discussion were: Mr. Irving Scharf, Mrs. Elaine Price, Mr. William Holden, Mrs. Barbara Chapin, Mr. Howard Podell, Mr. Theodore Brown, Mrs. Barbara Kaiser, Mr. Otto Scheuble, Mrs. B. Tolley, Mr. Sussina, Mrs. Moss and Mr. Fred Anderson, each of whom while not residing in the area that was concerned, raised questions as to the necessity for the parking restrictions, whether or not an emergency situ- ation did exist which made it necessary to dead-end Winthrop Avenue, and the proposed order prohibiting left turns from the Post Road by traffic from the south which had been sent down by the State. With reference to this order the Supervisor assured the group that if those in the area wished it rescinded, the Board would certainly make every effort to have the State do so. She also explained, in reply to an earlier question, that the recommenda- tion for no left turns from the Post Road had been made by a State Highway Department Traffic Engineer and also said, as to the traffic signs, she would definitely agree with those who had protested them since the placing of these signs had been a fiasco due to incorrect directions given the man who had erected them. She also pointed out, however, that the "no parking" had been instituted by the Police Commission as a direct result of the requests of the residents made at a previous meeting right here. She further observed that Mr. Cosgrove of the State Transport- ation Department had outlined very clearly the powers of a local municipality concerning public streets and cited the Opinion of the Town Attorney that closing the street would - 8 - be a violation of both the State and the United States Constitution. This opinion, she said, also quoted Court decisions upholding the State Law which forbade closing pub- lic streets to use by the general public. These decisions held that such actions would in effect reserve use of the affected street for adjacent residents only thereby infring- ing upon the rights of all of the people in a municipality. Councilman Bloom observed that though there might be some bad laws, there were usually good reasons for laws. He said that in relation to a basic rule for safety there should be two ways in and out of any street for emergency vehicles in the event of fires, illness and disasters. He also in reply to a reference made during the discussion reasserted that when questions as to whether the zoning for the use of business property adjacent to residential property was strict enough had been raised, he had immediately suggested that both the Planning and Zoning Boards restudy the existing zon- ing and recommend any needed changes to this Board, which had been so directed. He further stated that both Boards were still studying this since they desired to make very solid recommendations. Councilman Vandernoot pointed out that dead-ending a street also created hazards because every car that entered the street would have to return by the same route thus increasing the traffic past a given point and involving the additional haz- ards of backing and turning around. Councilman Faiola stated that in making the motion on Aug- ust 4th for the Council to close the street, his concern had been for the safety of the children. If the street were closed, there might be other problems so he suggested that the Board ask for a temporary closing in order to see whether it was satisfactory before time and effort were spent on legislation for a permanent closing. In concluding the discussion the Supervisor reiterated the fact that the Board had not given up, that it was still trying and working with the State and the County to establish the necessary emergency condition needed legally for dead- ending a street, and was also continuing its efforts to control the traffic so as to best protect the safety of the children and residents of this community. She then briefly re-enumer- ated each measure the Town had taken to date and assured all present that these endeavors to comply with the wishes of the majority of those affected would continue. Mrs. Helwig then thanked all present for having taken the time and trouble to come out this evening -- and again expressed the hope that a solution which would be mutually satisfactory could be worked out. 9 - 5. Request of Gene Sogioka Parking Area Variance A letter addressed to the Town Council by Mr. Gene Sogioka of 49 Dillon Road, New Rochelle under date of September 27th, 1971 requesting that his application for a parking area vari- ance be considered for approval was herewith presented and ordered received and filed for the record of this meeting. At the Supervisor's request the Building Inspector briefly summarized the application calling to the Board's attention that it had been granted by the Zoning Board of Appeals, subject to approval by the Town Board. After some detailed discussion of this particular situation, it was directed by unanimous consent of the Board that Mr. Sogioka's request be referred to the Planning Board and Board of Police Commissioners for study and report to this Board at its next meeting. 6. Approval - Registration Notice Pursuant to the Clerk's request, on motion by Councilman Nagel, seconded by Councilman Vandernoot, 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 Septem- ber 23rd and 30th, 1971. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered received and filed: Report of the Receiver of Taxes and Assessments for the month of September 1971. Report of the Westchester Shore Humane Society for the month of September 1971. Report of the Municipal Dog Patrol for the month of September 1971. Summary of Budget Appropriations and Expendi- tures for the period January 1st to September 30th, 1971. Affidavits of Publication and Posting of the amendment to the General Ordinances. Affidavit of Publication of Notice of adoption of a Capital Note Resolution. 10 - The Supervisor -- 1. School-Town-Village Safety Meeting The Supervisor reported briefly on the meeting of a group called together by Dr. Norwood on September 24th, 1971, comprising of representatives from all schools as well as from the Town and both Villages, which met to consider and try to identify the particular safety needs for each of the schools. 2. Traffic Report - Vicinity Central School The Supervisor advised the Board of the receipt of a letter this morning from J. A. Krail of the New York State Department of Transportation submitting recommendations on school crossings, school zone signs, etc. in the vicinity of Central School, copy of which had been forwarded to each member of the Board for his information. Not on Agenda 3. Report on Meeting re Buses The Supervisor advised the Board that Councilman Faiola and she had visited with Commissioner O'Leary regarding the question of County approval of bus franchises in local com- munities. She stated that it was her understanding that after approval by the County Transportation Commission and the County Board, a 30-day interval was provided for comment by the municipality prior to public hearing on the granting of such franchise and consent. The Councilmen -- Mr. Faiola -- 1. Report on Volunteer Ambulance Corps Councilman Faiola advised the Board of a meeting tomorrow night at the Weaver Street Firehouse inviting all to attend. Mr. Nagel -- 1. Payment - Cresap, McCormick & Paget Councilman Nagel called to attention the matter of payment to Cresap, McCormick & Paget explaining that to date the sum of $13,558.18 from allocated State funds had been paid with the balance of State monies withheld pending disposition of legal technicalities regarding the firm's compliance with the contract. The three municipalities (which under the contract were to pay 29% - the State 71%) had appropriated $8,410.00 as follows : Mamaroneck Village $3,466.60; Larchmont Village $1,777.87; Un- incorporated Area $3,165.53 -- which monies Cresap now requested - 11 - it be paid. He further stated that he felt the Town should approve this request and accordingly moved that the Town pay its share, namely $3,165.53, which was seconded by Councilman Faiola. Councilman Bloom referred in this respect to a recent letter to the Town from the State regarding compliance with the terms of the contract and indicating that the Town could not legally make payment under the contract since full compliance had not been provided by the contractor. He added however that he understood that the three municipalities were investigating the possibility of separately making payment to the contractor for the right to use the report which had been provided, which was the basis for Councilman Nagel's motion. Accordingly, Mr. Bloom stated that he would support it on the understanding that the payment would only be made if it were determined that the Town had the legal authority to make such separate payment and that the other two municipalities also agreed to make such payment on that understanding. The Supervisor, stating that she was speaking for the record, said, "I believe we are entitled to the use of the report not only because of the money which has been paid through allocated State funds, but because of 'the blood, sweat and tears ' many members of the staffs of all three municipalities have devoted to the report's preparation, and further", she said, "I am opposed to the payment of anything that would or could be construed as a gift of public funds or an il- legal use of taxpayer's money." Councilman Bloom then stated that certainly he would oppose rather than support the motion if there were any question as to the pro- posed payment being "a gift of public funds or a misuse of taxpayer's money," reiterating that it was his assumption that such action would first be determined to be legally in order. Mr. Nagel stated that he was speaking of the moral obligation he felt the municipalities had to Cresap -- which, although Mr. Bloom acknowledged might exist, still would not remove the question of legality. Since there were no further comments or questions, the Supervisor inquired the Board's pleasure, requesting the Clerk to call the roll on the adoption of the following resolution. RESOLVED, that this Board hereby authorizes pay- ment of the sum of $3,165.53 to Cresap, McCormick and Paget for the right to use and publish the report rendered by the contractors subject to a determination that the Town has the legal author- ity to make such payment under any suitable arrange- ment subject to the actions of the two Villages; and be it further RESOLVED, that this action is subject to adoption of like resolutions by the Villages of Mamaroneck and Larchmont. The vote upon roll call was as follows: Supervisor Helwig voting nay (reasons above) Councilman Faiola if aye Councilman Nagel aye Councilman Vandernoot aye Councilman Bloom " aye - 12 - The resolution was thereupon declared duly adopted by a majority vote of four "ayes" and one "nay". Mr. Vandernoot -- 1. Appointments, Narcotics Guidance Council Mr. Vandernoot presented a brief resume of the background and experience particularly qualifying Joseph Downey and Dominick Spagnolo to serve on the Narcotics Guidance Council and with great pleasure moved their appointment. The motion was seconded by Councilman Bloom and the following resolution thereupon adopted by unanimous vote of the Board: RESOLVED, that the appointment of Joseph Downey and Dominick Spagnolo as members of the Narcotics Guidance Council be and the same hereby is approved. Councilman Vandernoot then advised the Board that Dr. Frederick Feuerbach was now serving as Chairman with Dr. Marvin Perkins, Vice Chairman and Mr. Jospeh Notaro, Treasurer. 2. Appointments, Family & Youth Upon Councilman Vandernoot's advice that it was time for the annual appointment of the members of the Larchmont-Mamaro- neck Committee on Family and Youth, on his motion which was seconded by Councilman Bloom, the following resolution was unanimously adopted: RESOLVED, that the appointment of the following persons as members of the Larchmont-Mamaroneck Committee on Family and Youth be and the same hereby is approved: Mr. John B. Forrest Mrs. Fred A. Mudgett Mr. Charles Fitch Mrs. Ploy King Mr. Brian Fielding Mr. Carlton Dukes Mr. John Hawkins Mr. William 0. Gorman Mrs. Charles Weiner Dr. Joseph M. Roth Dr. Arthur Anderson Mr. Joseph Notaro Mrs. Bud Lytton Miss JoAnn Stack Mr. Edwin Morris Mr. Richard Zoffness Mrs. Eugene J. Kalnin Mrs. P. R. Megroz Mr. Charles A. Pangburn Mrs. Hugh Keiser Town Attorney -- Not on Agenda 1. Report - Sewer Connections For the Board's information, the Attorney reported that Mr. and Mrs. Sol Kroll of 32 Stonewall Lane and Mr. and Mrs. Maurice Stahl of 30 Stonewall Lane were connecting with the Prince Willow Sewer in accordance with resolution - 13 - adopted by this Board on July 7th, 1971 which authorized easement agreements for such connections. OTHER BUSINESS 1. Theodore Brown - 6 Devon Road Mr. Brown addressed the Board thanking each of the Councilmen and the Supervisor in particular for the patient and courteous conduct of this evening's meeting. 2. Edmund Holden - 100 Laurel Avenue Mr. Holden addressed the Board to commend Councilman Faiola on his progress with the Volunteer Ambulance Project. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded it was declared adjourned at 10:30 p.m. , to reconvene on October 20th, 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 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 the Supervisor and Comptroller authorized to pay the same out of the Fire Department budget: R. G. Brewer, Inc. $ 52.06 Con Edison 5.00 Excelsior Garage & Machine Works,Inc. 262.26 Exterminating Services Corp. 7.00 Foley Hardware, Inc. 36.60 McGuire Bros. , Inc. 10.00 New York Telephone Company 135.66 New York Telephone Company 12.32 Edward J. O'Shea 412.00 Pimentel Lawn Mower Sales & Service 6.90 Plaza Pharmacy 9.80 S. & S. Power Equipment Company 10.00 Westchester Joint Water Works 76.26 Westchester Joint Water Works 18.58 Total. . . . . . . . . . . . . . . . . $1,054.44 - 14 - 2. Report Commissioner Faiola presented the Fire Report for the month of September 1971, which was ordered received and filed for the record. 3. Other Business a) Appointment of Fire Lieutenants Pursuant to Commissioner Faiola's request and on his motion seconded by Commissioner Vandernoot, it was unanimously RESOLVED, that this Commission hereby approves the appointment of Frank J. Felice, Santo G. Garofalo and Joseph A. Garofalo as Fire Lieuten- ants of the Town of Mamaroneck Fire Department, effective as of October 7th, 1971. 4. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:40 p.m. , to reconvene on October 20th, 1971. Towu� Jerk 15 -