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HomeMy WebLinkAbout1970_04_01 Town Board Minutes X MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 1st, 1970, 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 Mr. Johnston - Town Attorney Mrs. Brewer - Deputy Clerk Mr. Aitchison - Highway Superintendent Mr. Altieri - Comptroller Mr. Widulski - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of March 4th and March 18th, 1970 were submitted, and on motion duly made and seconded, approved as presented. PUBLIC HEARING - Local Law No. 1-1970 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 for the record, and the Supervisor stated that the proposed local law in very general terms confirmed the State law supplement- ing it only in local level enforcement. She then stated that the Board was very anxious to hear from those who had come this even- ing and would first hear from those in favor of the proposed law - then those in opposition. She then asked whether any member of the Board had any further observation or comment he wished to make at this time. Councilman Bloom stated that he only wished to note for the record -- that the Human Rights Commission had labored long and diligently to bring into being a law which would best benefit this particular community - not necessarily one like that of any other community but particularly attuned to the individual needs of the unincorpor- ated area of the Town of Mamaroneck, and suggested that Mr. Sidney Philip, Chairman of the Human Rights Commission, who was present - 1 - say a word about the proposed law. Mr. Philip stated that the Commission had carefully and intensely studied such laws for many months, and that the Law as now proposed had the wholehearted endorsement of the entire Commission. The Supervisor then invited those who wished to speak in favor of the Law to address the Board, whereupon the following persons were heard: Mr. Ralph Gants - Larchmont Acres, Town Mr. Gants addressed the Board stating that he represented the General Association of Mamaroneck Senior High School and was present this evening to present a statement of that organization which read as follows and was hereby ordered received and filed as part of the record of this hearing: "The General Association of Mamaroneck High School, in its quest for a free and open society, supports the proposed Fair Housing Law for the Town of Mamaroneck, that will provide for penalties in the form of fines of $500, to $2,000. and/or short jail terms." Councilman Bloom on behalf of the Board stated that he would like to commend the General Association for showing its interest in Government and its laws and welcomed heartily the statement submitted by them. Mr. Frederic D. Cuneo - 80 West Garden Road, Town Mr. Cuneo spoke as a member of the Human Rights Commission and as the acting President of the Larchmont Fair Housing Committee and expressed wholehearted support of the proposed law, stating that the Board of Fair Housing had similarly endorsed it. It was felt, he continued, that the adoption of this Law as presently proposed would greatly benefit this community and he strongly so recommended. The Supervisor then inquired whether anyone else wished to be heard in favor and since no one did, asked whether anyone wished to speak in opposition, whereupon Mrs. Herbert Ascher of 11 Byron Lane addressed the Board. Mrs. Ascher Mrs. Ascher stated that she was speaking on behalf of both the Mamaroneck and Larchmont Leagues of Women Voters and presented therefor the following statement which was herewith ordered received and filed as part of the record of this hearing: "I am Mrs. Herbert Ascher, Sr. , Chairman of the Human Resources workshop of the Larchmont League of Women Voters. I speak for both the Larchmont and Mamaroneck Leagues. We have been urging the Town of Mamaroneck to enact a strong Fair Housing ordinance for this past year. Local Law #1, 1970, seems to be a step in the right direction, but we have one important question to raise. The law as now written has excellent enforcement provisions, and this we applaud. But is it the purpose of this community to penalize offenders or to secure housing on a fair and equal basis for all, regardless of race, creed, color or national origin? If it is the former, then this law is perfectly - 2 - acceptable. But if the latter is our goal, and we in the League sincerely hope it is, then the proposed law again falls short of its purpose. . . .that of holding the apartment or house in question until the dispute has been settled. Therefore, we again ask that you incorporate a posting provision into this law, similar to the one used in the Village of Mamaroneck. Also, referring to Section 4 on Enforcement, Part 3 -- rather than delay investigation of a complaint by the Town Attorney for up to 5 days (for 3 business days could include a weekend) , the Town Attorney should begin within 24 hours to determine whether or not the complaint has merit. During this investigation, the apartment or house should have a posting notice attached to it so that it may be avail- able for rental or purchase if the complainant is found to be in the right and has indeed been discriminated against. For to win the case and lose the house may easily be the end result of this law - as it now stands." The Supervisor again inquired whether anyone else wished to address the Board, and since no one did, on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. The Chair then inquired the Board's pleasure -- whereupon Councilman Bloom moved the adoption of the Law as proposed, after stating that while Mrs. Ascher's comments were very welcome, he felt this Law to be a strong one and one which should serve as a strong deterent to discriminatory practices due to its substantial fines. The motion was then seconded by Councilman Nagel and the following resolution adopted by unanimous vote of the Board, with all members present and voting "aye": RESOLVED, that this Board hereby adopts Local Law #1, of the Town of Mamaroneck for the year 1970 which shall read as follows: LOCAL LAW #1, 1970 A LOCAL LAW PROHIBITING DISCRIMINATION IN THE SALE, RENTAL, LEASE OR FINANCING OF HOUSING ACCOMMODATIONS IN THE TOWN OF MAMARONECK BE- CAUSE OF RACE, CREED, COLOR OR NATIONAL ORIGIN AND PROVIDING FOR ITS ENFORCEMENT. BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK Section 1. Legislative Policy The Town Board hereby finds and declares that acts of prejudice, intolerance, bigotry and discrimination which deny a person the opportunity to sell, purchase, lease, rent or obtain financing for the purchase or lease of hous- ing accommodations because of race, creed, color, or national origin threaten the fundamental rights and privileges of res- - 3 - idents and/or those seeking residency in the Town of Mamaroneck and undermine the foundations of a free, democratic state. The Town Board further declares it to be public policy of the Town of Mamaroneck to eliminate and prevent discrimination and segregation based on race, creed, color or national origin, and to safeguard the right of every person to sell, purchase, lease or rent or obtain financing for the purchase or lease of land and housing accommodations without regard to race, creed, color or national origin. In accordance with this policy, it shall be the duty of all Town officers, officials and employees to exercise any governmental function relating to the use, sale or occupancy of land, real property or housing accom- modations in such manner, consistent with law, that all discrimination be prevented. Section 2. Definitions When used in this Local Law: 1. The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives and successors, trustees, trustees in bankruptcy or receivers. The plural shall include the singular, and vice versa. 2. The term "national origin" includes "ancestry". 3. A "housing accommodation" is any place in which human habitation is permitted by Town Ordinances. 4. The term "Town Attorney" shall be deemed to include the Town Attorney or other attorney-at-law acting on behalf of the Town of Mamaroneck. 5. The term "Town of Mamaroneck" shall include all land in the geographical boundaries of the Town and any lands held in a proprietary capacity by the Town outside said geographical limits, but no land in incorporated vil- lages. 6. The term "respondent" shall mean any person charged with a violation of the provisions of this Local Law. 7. The phrase "Effect the elimination of the discriminatory practice" shall mean that the respondent shall make the specific housing accommodation available to the com- plainant. Section 3. Certain Acts Prohibited 1. No person or agent acting on behalf of any person shall: (a) Refuse to sell, rent or lease any housing accommodation or land in the Town of Mamaroneck to any person or persons, or refuse to accept an application from or negotiate for the sale, rental or lease of any housing accommodation, or land to any person or persons, or represent that any housing accommodation or land is not avail- able for inspection, sale, rental or lease when in fact it is - 4 - 3R so available, or otherwise deny or withhold any housing accommodation or any facilities of any housing accommo- dation or land from any person or persons because of race, creed, color or national origin of such person or persons. The provisions of this Paragraph 1. of Section 3 shall not apply to the rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families who live independent of each other, if the owner or members of his family reside in one of such housing accommodations; or to the rental of a room or rooms in a housing accommodation designed for one-family occupancy if such rental is by the occupant of the housing accommodation, or by the owner of the housing accommodation and he or members of his family reside in such housing accommodation. (b) Discriminate against any person because of his race, creed, color or national origin in the terms, conditions or privileges of the sale, rental, lease of any housing accommodation or in the furnishing of facilities or services in connection therewith. (c) Print or circulate or cause to be printed or circulated any statement, advertisement or publica- tion or use any form of application for the purchase, rental or lease of any housing accommodation or land, or make any record of inquiry in connection with the prospective purchase, rental or lease of any housing accommodation or land, which expresses, directly or indirectly, any limitation, speci- fication or discrimination as to race, creed, color, or national origin; or any intent to make any such limitation, specification or discrimination. 2. No person, bank, trust company, private banker, savings bank, industrial bank, savings and loan association, credit union, investment company, mortgage company, insurance company or other financial institution or lender doing business in the Town of Mamaroneck (and, if incorporated, regardless of whether incorporated under the laws of the State of New York, the United States or any other jurisdiction) , or any officer, agent or employee thereof, to whom application is made for financial assistance for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or land in the Town of Mamaroneck, shall: (a) Discriminate against any such applicant or applicants because of the race, creed, color or national origin of such applicant or applicants or of any member, stockholder, director, officer or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodation or land, in the granting, with- holding, extending or renewing, or in the fixing of the rates, terms or conditions, or any such financial assistance. (b) Use any form or application for such financial assistance or make any record of inquiry in con- nection with applications for such financial assistance which expresses directly or indirectly, any limitation, specifi- cation or discrimination because of race, creed, color or national origin. 3. No person shall aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this Local Law, or attempt to do so. 5 _ 35) 4. No person engaged in any activity to which this Local Law applies shall retaliate or discriminate against any person because such person has opposed any practices forbidden under this Local Law or because such person has filed a complaint, testified or assisted in any proceeding under the Local Law. Section 4. Enforcement 1. The Town Attorney of the Town of Mamaroneck - is authorized to receive at all times verified complaints setting forth in writing the following: the name and address of the property owner; the address of the property involved; the name and address of the individual, agent or lending institution which allegedly engaged in one of the Acts prohibited by Section 3 of this Local Law and a de- tailed statement describing the alleged Prohibited Act. 2. Upon receipt of such complaint, the Town Attorney shall forthwith serve copies thereof upon the following: (a) Respondent. (b) The Town of Mamaroneck Commission on Human Rights. (c) The New York State Division of Human Rights. (d) The U.S. Civil Rights Division of the Justice Department. 3. Immediately after receipt of the complaint, but no later than three (3) business days thereafter, the Town Attorney shall conduct an investigation to determine whether the complaint has merit and if he finds such to be the case shall attempt to: (a) obtain from the respondent a written agreement to withhold the housing accommodation in question from sale or rental for a reasonable period pending disposition of the complaint, and (b) by conference and con- ciliation to effect the elimination of the discriminatory practice. The Town of Mamaroneck Commission on Human Rights may participate in such investigation in such manner as it may deem to be proper. 4. The Town Attorney is hereby authorized to apply to a court of competent jurisdiction for a restraining order, temporary injunction or both to compel compliance with or prevent a breach of this Local Law. 5. If the respondent agrees to the elimination of the discriminatory practice, such agreement shall be reduced to writing, shall be subscribed by the respondent, and shall contain a provision that the respondent will refrain from the commission of discriminatory practices in the future and may contain such further provisions as are agreed upon between the respondent and the Town Attorney. Any such agree- ment shall be subject to ratification by the Commission on - Human Rights. The Town Attorney shall not otherwise disclose what has transpired in the course of such endeavors, except as provided in paragraph 6 immediately following. 6. In the event that conference and conciliation fail to produce an agreement for the elimination of the dis- criminatory practice the Town Attorney shall promptly seek - 6 - the imposition of a fine, as hereinafter provided, for any violation of this Local Law, and may at the request of the complainant refer the entire record of the pro- ceedings conducted by his office to the New York State Division on Human Rights for appropriate action. Section 5. Penalty for Violation (1) Any person who shall engage in any of the Acts, prohibited by Section 3 of this Local Law, as here- inabove defined shall be subject to a fine for the first offense of not less than $500.00 nor more than $1,000.00, or imprisonment for a period not to exceed five days, or both, and for each and every subsequent offense shall be subject to a fine of not less than $1,000.00 nor more than $2,500.00, or imprisonment for a period not to exceed fifteen days, or both. (2) Any person who shall execute a verified complaint falsely charging another with any of the prohibited acts as hereinabove defined, knowing such charge to be false, shall be subject to a fine of not more than $500.00. Section 6. Separability The invalidity of any article, section, paragraph, sentence, clause, word or provision of the Local Law shall not invalidate any other article, section, paragraph, sentence, clause, word or provision thereof. Section 7. Effect This Local Law shall take effect immediately. and be it further RESOLVED, that this Law shall be effective upon its proper filing as required by law. Councilman Faiola remarked that he, too, would like to comment on Mr. Gants attending the meeting as the representative of the youth of the community and that it was indeed good to see young people taking an interest in their government. The Supervisor then expressed the Board's thanks to the Human Rights Commission for its long, able and painstaking study and also to Councilman Bloom for his work with that Commission, remarking that it was hoped the adoption of this Law would achieve favorable hous- ing for all who wished to live here. OLD BUSINESS 1. Reports on Fire Truck Bid The Clerk presented the written reports of the Town Attorney, Comptroller and Fire Chief, dated March 23rd, 27th, and 28th, 1970, respectively, which were herewith ordered received and filed for the record. - 7 - Councilman Faiola advised the Board that he had met with the Town Attorney, Comptroller, and the Fire Department Committee to re- view the Bid which, following examination, had been approved by that Committee although there were some technicalities involved in the specifications which American La France had agreed to amend, and thereupon he moved acceptance of the bid. The foregoing motion was seconded by Councilman Bloom whereupon it was unanimously RESOLVED, that this Board hereby accepts the bid of American La France, the only bidder, in the amended total amount of $74,681.25, including trade-in, for furnishing to the Town of Mamaroneck Fire Department, one (1) 100 Ft. Rear Mounted Aerial Ladder Truck in accordance with the specifications as amended, and to be equipped with the extras set forth, recommended and approved by the Fire Chief, the said amended bid proposal subject to approval by the Fire Chief, Attorney, and Comptroller. 2. Prince Willows Sewer a) Authorization for Pavement Restoration Pursuant to memorandum addressed to the Board by the Engineer under date of March 30th, 1970, herewith presented and ordered received and filed, a motion to proceed with the pave- ment restoration was offered by Councilman Vandernoot. Councilman Nagel then addressed himself to this motion, inquir- ing whether the Board should not hold up this work in view of there being some confusion on just where the Town presently stood on the project? - Upon recognition by the Chair, Mr. Harry Ekizian of 8 Prince Willow Lane, addressed the Board speaking as the President of the Prince Willows Association, and described the distressful condi- tions under which the residents of this area had been living for the past six months, referring particularly to what he called "bombings", impassable roads, damaged lawns, shrubberies, houses, etc. , and reminding the Board that no repairs had been made on Wagon Wheel Road and Old White Plains Road to date and con- sequently urging immediate action to at least temporarily repair the impassable road surface on Wagon Wheel Road. Mr. Morton Stern of 3 Stonewall Lane added his comments to Mr. Ekizian's, stating that as far as realizing what condition the area was in, one needed only to drive past Karmel' s on Old White Plains Road. He called to attention also the inadequacy of the "would-be" sign posted by a manhole on Stonewall Lane which had dropped six inches and further stated that he had met with Mr. Ekizian and Mr. Warshauer two weeks ago to discuss the whole unhappy situation and that it was about at this time that Felix had been erecting fences along the property bordering Old White Plains Road the necessity of which he failed to understand in view of the unre- stored road surfaces and still existing conditions just described. The Supervisor advised Mr. Stern, with reference to the Old White Plains Road area bordering the Karmel property, that this was the result of the water main installation and that it would be re- stored immediately. Councilman Bloom observed that he certainly agreed with Council- man Nagel that the Board should very carefully study the work which remained to be done adding that he understood the contractor was to start the pavement restoration on Wagon Wheel Road immediately and hoped to finish within a week. - 8- Councilman Faiola stated that he agreed with Mr. Ekizian on the abuse the people in the area had been subjected to due to certain unavoidable exigencies, weather conditions, etc. , further saying that he had been completely unaware of the so-called "bombing" hardships suffered until he visited the area last Saturday morn- ing, and that he certainly went along with the motion to put this neighborhood in livable condition as quickly as possible which-he thereupon seconded. The following resolution was then adopted, upon a roll call vote, by majority vote -- with the Supervisor, Councilmen Faiola, Vander- noot and Bloom voting "aye" and Councilman Nagel voting "naye". RESOLVED, that this Board hereby authorizes 450 square yards of pavement restoration on Wagon Wheel Road at the contract unit price of $7.00 per square yard, or a total cost not to exceed the sum of $3,150.00. b) Amendment March 4th, 1970 Resolution The Clerk presented a memorandum addressed to the Board by the Engineer under date of March 30th, 1970 requesting amendment of the resolution approving additional costs on the Prince Willows Project adopted by the Board on March 4th, 1970, and pursuant thereto, on motion by Councilman Vandernoot, seconded by Councilman Nagel, it was unanimously RESOLVED, that the resolution adopted by this Board on March 4th, 1970 which reads as follows: "RESOLVED, that this Board hereby author- izes payment of the sum of $8,627.00 to Felix Contracting Corporation covering the following extras on the Prince Willows Sewer construction project: Item F5 Borrowed Backfill $1,000. 400 cu. yd. @ 2.50 Item R5 Rock Excavation 4,806. 267 cu. yd. @ 18.00 Item MR Manholes 2,821." 40.3 ft. @ 70.00 be and it hereby is amended so as to read as follows : RESOLVED, that this Board hereby authorizes payment of the sum of $8,668.00 to Felix Contracting Corporation covering the cost of the extras on the Prince Willows Sewer construction project as follows: Item F5 Borrowed Backfill $1,000. 400 cu. yd. @ 2.50 Item R5 Rock Excavation 5,085. 282.5 cu. yd. @ 18.00 Item MH Manholes 2,583. 36.9 ft. @ 70.00 Total. . . . . . . . . . .. .$ 8,668. - 9 - c) Authorization for Engagement of Consultant Engineer The Supervisor reported that, in accordance with the Board's request, she had ascertained that Dolph Rotfeld would be available to serve as an Engineering Consultant on the Prince Willows project and inquired the Board's pleasure with respect to his engagement. Whereupon on motion by Councilman Nagel, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes the engagement of Dolph Rotfeld as Engineering Consultant for the purpose of preparing a report dealing with the excess costs in the overall construction of the sanitary sewer serving the Prince Willows area, to be compensated at a fee to be based on the rate of $25.00 per hour not to exceed the sum of $900.00. Councilman Nagel suggested that a time be specified for completion of the study. The Supervisor replied that Mr. Rotfeld had agreed to a time limit of from two to three weeks. NEW BUSINESS 1. Authorization for Publication Supervisor's Annual Report Pursuant to the memorandum of the Comptroller dated March 30th, 1970, herewith presented and ordered received and filed, on motion by Councilman Nagel, seconded by Councilman Bloom, it was unanimously RESOLVED, that authorization is hereby granted to file the Annual Report of the Supervisor for the.year 1969 and publish same in the official newspaper of the Town of Mamaroneck, "The Daily Times", in accordance with paragraph 29 of the Town Law as amended by the addition of sub- division 10A. 2. Salary Authorizations for: a) Police Patrolman Barasch to Sergeant Pursuant to memorandum addressed to the Board by the Board of Police Commissidners under date of March 24th, 1970, herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Bloom with congratulations to Sergeant Barasch, it was unanimously RESOLVED, that this Board hereby authorizes that Patrolman Robert Barasch be appointed to the rank of Sergeant effective March 26th, 1970 and be compensated in the amount of $10,725. per annum. b) Conservation Laborer - James K. Purcell Pursuant to memorandum of the Comptroller under date of March 27th, 1970, herewith presented and ordered received and filed, on - 10 - 0 motion by Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that pursuant to recommendation of Mr. Leddy, Maintenance Foreman of the Con- servation Department, this Board hereby au- thorizes the engagement of James K. Purcell as Park Attendant, effective March 23rd, 1970 and to be compensated at the rate of $2.50 per hour. c) Sanitation Man to Driver Pursuant to memorandum of the Comptroller, dated March 27th, 1970, herewith presented and ordered received and filed, on motion by Councilman Vandernoot, seconded by Council- man Nagel, it was unanimously RESOLVED, that pursuant to recommendation of William Aitchison, Superintendent of Highways, Gilbert Campbell be and he hereby is reclas- sified from Sanitation Man to Sanitation Man (Driver) , to be effective as of March 26th, 1970, and to be compensated at the rate of $6,880. per annum. d) Court Clerk Pursuant to memorandum of the Comptroller, dated March 27th, 1970, herewith presented and ordered received and filed, on motion by Councilman Faiola, seconded by Councilman Bloom, it was unanimously RESOLVED, that as recommended by the Justice Department, Mary E. Franklin be and she hereby is engaged as Court Clerk, P.T. , to be effective as of March 10th, 1970 and to be compensated at the rate of $3.00 per hour. 3. Authorization for Recreation Superintendent to attend Annual Recreation Conference - Pursuant to memorandum addressed to the Board by the Recreation Commission under date of March 19th, 1970, herewith presented and ordered received and filed, on motion by Councilman Faiola, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes James W. Kronenberger, Recreation Superinten- dent, to attend the Annual New York State Recreation and Park Society Conference to be held at Nevelly Country Club, Ellenville, New York on April 12th, 13th, 14th, and 15th, 1970, with expenses paid by the Town in an amount not to exceed the sum of $150. The Supervisor called to the Board's attention that Mr. Kronenberger would serve as editor for the daily newspaper and would be in charge of the commercial exhibits for the Conference. She also stated that she would like to request additional author- ization for Mr. Leddy to attend the Conference on April 14th, 1970 at Town expense. - 11 - Whereupon on motion by Councilman Faiola, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes P. T. Leddy, Maintenance Foreman of the Con- servation Department, to attend the Annual Recreation Conference on April 14th, 1970, with expenses paid by the Town in an amount not to exceed the sum of $25.00. 4. Authorization to Advertise for Bids - Resurfacing Memorial Park Tennis Courts Pursuant to the memorandum of the Recreation Superintendent, dated April lst, 1970 and herewith presented and ordered received and filed, on motion by Councilman Nagel, seconded by Councilman Bloom, 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 for resurfacing the three Tennis Courts at Memorial Park in accordance with the specifications set forth in the Notice; said bids to be returnable April 15th, 1970 and to be opened and read aloud at a regular meeting of this Board at 8:15 p.m. on that day in the Council Room or Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck. It was suggested by the Board that the specifications include a liquidation damage clause to the effect that a $50. per day penalty would be charged for over contract completion, which was so ordered. COMMUNICATIONS 1. Petition - Residents of Rock Ridge Road The Clerk presented a petition addressed to the Board by the residents of Rock Ridge Road stating that: 1. Inasmuch as children from the Hommocks School are passing directly from Hommocks Road to Rock Ridge Road using an extremely dangerous route; and 2. Since there have been numerous .instances of children trespassing on and causing physical damage to private property, loitering, using abusive language, littering, destroying and tampering with U.S. Mail in private mailboxes, and otherwise causing a serious nuisance on Rock Ridge Road; and 3. Since all reasonable efforts by both affected residents and the school administration to - eliminate the foregoing problems have been unsuccessful; and requesting the Board to take all necessary steps to eliminate access and passage from Hommocks Road to Rock Ridge Road and to eliminate this public nuisance. The Supervisor suggested that the petition be referred to the Town Attorney and Police Chief which was so ordered. - 12 - 2 Councilman Faiola suggested that the members of the Board each personally look at the area concerned and make recommendations in connection with this matter at the next meeting. 2. P.S.C. Notice - Proceedings Penn Central New Haven Division The Town Attorney stated that the Penn Central had filed a request with the Public Service Commission to cut down or discontinue certain commuter trains, running out of this area, upon which a public hear- ' ing would be held at a fixed later date and that meanwhile the Com- mission had ordered the railroad to adhere to its present schedule with no change in the present number of trains. The Supervisor stated that the Town would be represented at this hearing. 3. Notice of Hearing Board of Trustees Village of Mamaroneck - Amending, Changing and Revising Zoning Ordinance and Map The Clerk presented a Notice of Public Hearing before the Board of Trustees of the Village of Mamaroneck on April 27th, 1970, which upon the Attorney's advice of being of no concern to the Town, was ordered received and filed. 4. Larchmont Village Resolution - Narcotics Guidance Council The Clerk reported the receipt of the certified copy of the resolution adopted by the Board of Trustees of the Village of Mamaroneck on March 17th regarding the Narcotics Guidance Council, which was hereby ordered received and filed. The Supervisor -- At this time the Supervisor interrupted the order of business to inquire whether anyone present had any matter they wished to bring up, whereupon the following persons addressed the Board: Re - Fair Housing Law Mr. Stuart B. Miller, Jr. of 191 Larchmont Avenue, after apologiz- ing for being late due to train delay, stated that he would like to present two thoughts relating to Paragraphs 2 and 6 under Section 4 of the Law, alleging under the first, that a legal quag- mire might well evolve -- and under the second, that it defeated the basic reason for having a local law which was that it was up to the local community to solve its own problems and therefore avoid referral elsewhere unless and until nothing further could be done at the local level. The Supervisor thanked Mr. Miller expressing the Board's appreci- ation for his comments, particularly since one member of the Com- mission and Mr. Bloom were present and stated that these comments would be kept in mind since the Law as adopted could be amended if deemed necessary and advisable at any time. Mr. Cuneo briefly reviewed the Commission's position on the Law and the discussion then concluded with the Supervisor reiterating that the Law as adopted certainly could be amended. 13 - 4 Re - Prince Willows Sewer Mrs. Peter Overzat of 1165 Old White Plains Road and Mrs. James A. Donnelly, Jr. of 4 Wagon Wheel Road inquired as to the date of final completion of the installation and described in detail the unlivable conditions endured on Wagon Wheel Road and the adjoining part of Old White Plains Road during the entire period of construction. Certain other highly technical questions raised by Messrs. Ekizian and Stern as to approval of the line, connection thereto, the Pumping Station, etc. , were answered in some detail by the Engineer. Mrs. Donnelly also spoke at length of the unsightly, unhealthy and hazardous condition of the Salerno house between the Overzat and her properties, which had now been under construction for over two years and inquired whether any relief to this situation could be afforded by the County Health Department since apparently the Town was powerless to do anything to rectify or alleviate existing conditions. Councilman Bloom pointed out that unfortunately the expiration of a building permit did not alleviate the kind of situation created on the Salerno property, but that it was to be hoped that this construction would be completed immediately once Mr. Salerno could connect with the sewer since the County required that the house be sewered. The Supervisor also explained that the construction of the sewer had been completed and that the line was now being tested for County approval which, when granted, would enable the residents to make their house connections. Councilman Faiola then recommended that since he knew the situation on the Salerno property to be as Mrs. Donnelly had described it with some two to four feet of water standing in the basement to say nothing of other conditions, that the Attorney be directed to take such action as necessary to inform Mr. Salerno to rectify the conditions immediately by having the property drained and barricaded as needed to eliminate the existing hazards, which was so directed by the Board. The Supervisor in addition, recommended that the Board give consideration to the amendment of the Building Code so as to provide that a Building Permit state that every property must be maintained in a safe condition during the entire construction period and following the expiration of Permit until said construction was completed. Re - Ambulance Service In reply to a question from the floor about ambulance service for the Town, since it was unable to use its own ambulance due to not having a doctor, Councilman Faiola stated that the Town had New Rochelle Hospital ambulance service which was both prompt and efficient and, of course, automatically furnished a doctor. In further reply to a suggestion for volunteer ambulance service, Mr. Faiola stated that the budget provided an ambulance which was staffed by officers of the Town Police Department ably trained in first aid. Mr. Miller again speaking from the floor, collaborated Council- man Faiola's statement, saying that the Town had good equipment and that the Police Officers were indeed well trained in first aid procedures and would certainly not move any person if there were any question of injury without a doctor being present. - 14 - REPORTS The Town Clerk The Clerk presented the following reports which were ordered received and filed: Report of the Receiver of Taxes and Assess- ments for the month of March 1970. Annual Report of the Police Department for 1969. Affidavits of Publication and Posting of the amendment of Section 4 of Chapter IV of the General Ordinances of the Town of Mamaroneck entitled, "Snow and Ice Removal". Affidavits of Publication and Posting of the amendment of the General Ordinances of the Town of Mamaroneck by the addition of a new Chapter, IX-G entitled, "Traffic Violations Bureau". Affidavit of Publication of the adoption of Bond Resolution dated March 18th, 1970. The Supervisor -- 1. Legislation The Supervisor reported: -- a) that the Noise Bill (amendment to Section 386 of the Vehicle and Traffic Law) had been reported out of Committee in the Senate and was on the way to the Senate floor for action. b) that the School Bill had passed in the Senate on March 24th and gone to the Assembly for action. The Supervisor also called to attention the request for bipartisan support for passage of comprehensive environmental legislation (S8309 and A5200) inquiring whether the Board might not therefore like to endorse and reinforce in principle this bill. Whereupon, on motion by Councilman Bloom, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby endorses and reinforces in principle the bill known as S8309 introduced by Senators Bernard C. Smith and Jack E. Bronston and A5200 introduced by Assemblymen John W. Beckman and Herbert A. Posner, and urging that all honorable means be used to secure passage of this bill into law. The Councilmen -- Mr. Vandernoot -- 1. Report - State Aid to Education Mr. Vandernoot stated that Mrs. Joan Scheuer, a member of the Board of Education had requested in a letter dated March 23rd that the Town and both Villages adopt resolutions supporting the bill (S8394, A5769) for the restoration of cuts in state aid enacted in 1969 and an increase in the present flat grant and share cost ratio, which - 15 - 43 was now unnecessary in view of the enactment of this legislation as reported in today's New York Times. Mr. Faiola -- Not on Agenda 1. Radio Frequency Band for Highway Mr. Faiola reported that he was still endeavoring to acquire a radio frequency band for the Highway Department operations and that he had written to the Federal Communications Commission but had received no answer to date. In view of this, he recommended that a resolution be adopted to be forwarded to Congress requesting provision of this band. After some discussion, the Board directed Councilman Faiola to contact Congressman Reid again and subsequently advise the Board whether a resolution or just what steps should or could be taken to expedite obtaining this band. 2. Postal Strike Mr. Faiola, after stating that he felt the Board should wire Congress to request and urge the immediate settlement of the postal strike, offered the following resolution and moved its adoption with Council- man Vandernoot seconding the motion: RESOLVED, that this Board address a telegram to the Congress of the United States requesting and urging that honorable body to take such action as necessary to effect an immediate settlement of the present postal strike and preclude further strikes. During the ensuing discussion, Councilman Bloom observed that he -- had some concerns about this resolution in view of the negotiations currently underway. Councilman Nagel agreed with Councilman Bloom, adding that he concurred for more than one reason -- for instance, he said, he would wonder whether he might be sufficiently informed and knowledgeable in such matters as this strike, the Vietnam War, etc. , to take any action thereon. In reply, Mr. Faiola stated that he personally felt that the postal employees had been subjected to long delay in receiving promised pay increases and that therefore Congress should be urged to act now and settle the strike. The Supervisor also said that she, too, would have some doubt about this Board taking any action since she felt that every effort would be made to pass the necessary legislation to settle the strike as quickly as possible. Mr. Bloom then said that he would like to try to illustrate his position -- suppose all Town of Mamaroneck employees were on an unauthorized strike and the Board received 5,000 communications requesting immediate settlement, it would certainly be only reason- able to presume that the elected officials were being subjected to pressure. Councilman Faiola however still requested that the resolution be adopted, and the Supervisor thereupon requested the Clerk to poll the Board. The vote, upon roll call, was as follows and the resolution duly defeated by majority vote: Councilman Faiola Voting Aye Councilman Vandernoot Voting Aye Councilman Nagel Voting Naye Councilman Bloom Voting Naye Supervisor Helwig Voting Naye 16 - . ,D 3. Commendation - Highway Department Mr. Faiola commended Mr. Aitchison and the men of the Highway Department on their excellent snow plowing operations Easter Sunday, Mr. Nagel -- Not on Agenda 1. Opening of Community Action Building Mr. Nagel announced the date for the opening of the new Community Action Program building on Sunday afternoon, April 12th, stating that all in the community were invited and that he hoped many would be present. He stated that both the Supervisor and he would attend the ceremonies as the Town's official representatives since they served on the CAP Board and that both the Town and the Village of Mamaroneck were to be complimented for their vision in seeing this project through. The Town Attorney -- 1. Cancellation of Taxes - Fazio and Croll Properties Pursuant to the Attorney's request for the cancellation of taxes on the recently acquired property previously owned by Nardy Builders, Inc. , 153 Weaver Street, on motion by Councilman Nagel, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes Leo N. Orsino, Receiver of Taxes of the Town of Mamaroneck to cancel the State, County, and Town Tax which is due and becomes a lien on April 1st, 1970, in the amount of $829.64 on that property purchased by the Town from Nardy Builders, Inc. and known on the Assess- ment Map of the Town of Mamaroneck as Block 401 Parcel 150. Pursuant to the same request for cancellation of taxes on the recently acquired property previously owned by Mrs. Esther Croll, 1201 Palmer, on motion by Councilman Nagel, seconded by Council- man Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes Leo N. Orsino, Receiver of Taxes of the Town of Mamaroneck to cancel the State, County, and Town Tax which is due and becomes a lien on April 1st, 1970, in the amount of $679.83 on that property purchased by the Town from Mrs. Esther Croll and known on the Assessment Map of the Town of Mamaroneck as Block 401 Parcel 122. Not on Agenda 2. Home Rule Request - Acquisition of Property and Construction of Buildings - A4953 A Pursuant to the Attorney's request for completion and return of Home Rule Request forms on the amended Assembly Bill known as A4953 A, on motion by Councilman Nagel, seconded by Councilman Bloom, the following resolution was offered: - 17 - '71 RESOLVED, that this Board hereby authorizes that the Home Rule Request for submission to the Assembly of the New York State Legis- lature in support of Bill A4953 A entitled, AN ACT authorizing the Town of Mamaroneck to purchase certain properties and construct thereon a Police Station, Court House and other municipal buildings out of Part-Town funds be completed and returned in accordance with the directions set forth on said forms. Upon roll call, the vote on the foregoing resolution was as follows and the resolution therefore duly adopted by majority vote: Supervisor Helwig - Aye Councilman Faiola - Naye Councilman Nagel - Aye Councilman Vandernoot - Aye Councilman Bloom - Aye 3. Report - Liberty Coach Bus The Attorney reported that the petition of Liberty Coaches to double the fees with free transfers did not affect the Town, only the Village of Mamaroneck and therefore require no action by this Board. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:00 p.m. , to reconvene on April 15th, 1970. 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 Councilman Nagel, 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: - 18 - Agway, Inc. $ 201.36 Con Edison 108.76 Con Edison 5.00 Excelsior Auto Repair & 154.10 Machine Works I.&T. Plumbing & 37.00 Heating Co. , Inc. McGuire Bros. , Inc. 7.00 Sound Tire &&.-Supply Co, Inc, 67.76 Suburban Restaurant Supply, Inc. 31.50 -- Total. . . . . . .$ 612.48 2. Report Commissioner Faiola presented the Fire Report for the month of March 1970 which was herewith ordered received and filed. 3. Other Business a) New Explorer Post For the record the Commission expressed its congratulations to the Fire Department on its formation of the new Explorer post. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:05 p.m. , to reconvene on April 15th, 1970, To Clerk 19 -