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HomeMy WebLinkAbout1970_05_20 Town Board Minutes 7 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MAY 20th, 1970, IN THE COUNCIL ROOM 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 Bloom Absent: Councilman Vandernoot Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Deputy Clerk 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 May, 6th, 1970 were submitted, and on motion duly made and seconded, approved as presented. PUBLIC HEARING - Application for Special Permit - Adam Libertella, 685 Weaver Street - Construction Swimming-wading Pool & Appurtenances (Memorandum of Law) On motion duly made and seconded, 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 as well as the Memorandum of Law addressed to the Supervisor by the Attorney and the Report of the Planning Board, a copy of which had been furnished to each member of the Board and which were herewith ordered received and filed as part of the record of this hearing. The Supervisor then asked whether any member of the Board had any comment or question at this time, and since no one did invited those who wished to be heard in favor of the applica- tion to address the Board. In Favor: Mr. Albert F. Campbell, Attorney for the Appellant Mr. Campbell stated that he would like to say to the Board that his clients, Jean and Adam Libertella, had purchased the - 1 - Monroe Nursery School property in November 1969 from Mr. & Mrs. Collek who had conducted the same operation as his clients desired to operate on this property for the past some twenty years. It was Mr. Libertella's understanding, he continued, that during the summers a program had been conducted for the 3 to 6 year old age group during all of that time and Mr. Liber- tella's intention was to do nothing more than to conduct that same type of activity. In replying to the letter addressed to Mr. Libertella by Mr. Mag- gini, Chairman of the Planning Board, under date of May 6th, 1970, Mr. Campbell stated that his client had submitted answers to certain of the questions set forth therein which he felt might lead to some misunderstanding. This, he pointed out, had been done without the advantage of the advice of counsel. Paragraph 2 he cited as one of these, explaining that 80 to 90 persons at half-day sessions did not mean that number in each of these sessions -- but rather represented the total number -- that is 40 to 45 in the morning and 40 to 45 in the afternoon. The Supervisor asked whether she was correct then in understanding that this was not an all day program -- but rather a two-session program with different enrollments in the morning than in the afternoon? Mr. Campbell replied affirmatively. "I know", Mr. Campbell said, "that this application represents an extension of a non-conforming use and that in accordance with your Zoning Ordinance must be submitted to the Board but I would like to point out in spite of this that there will be no exten- sion or enlargement of the program already conducted." The building of the pool could be considered, he said he realized, as an extension of a non-conforming use. However, the location of the proposed pool and its size and depth since it would be shallow except at one end (4 or 5 feet) so as to permit Mr. & Mrs. Libertella to use the pool personally, would make it im- possible for the pool to accommodate more than 20 children at any one time. There would be no lighting -- spot lighting or any- thing of that nature -- nor usage except by the owners of the premises at any hours other than during the morning and after- noon sessions. If there has been any inspection made of the subject premises, he said, it would be noted that considerable improvements had been made. The hedge which impeded the vision on this particular section of Weaver Street had been removed and a four foot fence had been erected around the entire property in the interest of safety and generally speaking, the premises cleaned up. "It is true", Mr. Campbell said, "that Mr. Libertella's intention had been to include children in the 7 to 8 year old age group." However, he said, he had informed Mr. Libertella of the definition of a Nursery School in the Zoning Ordinance, whereupon Mr. Libertella had agreed to give up this plan and had now changed to the 3 to 6 year old age group only which group would be able to be accommodated by the facilities provided on the premises. He pointed out that there were three rooms on the bottom floor with more than adequate lavatory facilities on the first floor. The traffic conditions on Weaver Street, Mr. Campbell pointed out, would not be increased to any degree, as far as he could see, - since the owners maintained two station wagons for the transport of children as had always been done, and with the exception of a very few mothers occasionally delivering a child, there would therefore be no noticeable acceleration of traffic in or out of the subject premises. The Supervisor asked whether this Nursery School was accredited - 2 - by the State of New York? In reply, Mr. Campbell said, "no", call- ing to attention that only two schools in the entire area were so accredited -- one being the Hudson Day School and the other a school located in White Plains -- no others because in general these are pre-nursery school age and established more as Play Schools rather than as actual Nursery Schools. The Supervisor then inquired of Mr. Libertella whether the premises complied with the requirements for such operation -- which Mr. Libertella assured her they did and that he had received his Cer- tificate from the Board of Health. Mr. Campbell then stated that the owners had taken title to this property on November 7th, 1969 as doing business as Jean and Adam Libertella, and that subsequently in February of 1970, a corporation had been formed on the recommendation of Mr. Libertella's Accountant who advised that it would be more profitable to so oper- ate the business. This did not mean too much tax-wise, Mr. Campbell stated, and it was therefore determined to continue in the former set-up. Further he alluded to the prohibition by the Secretary of the State of the use of the word School for this operation, which after some going back and forth, had resulted in the name finally selected, Weaver Day Camp, which name did not accurately describe the activities to be conducted. In closing, he stated that he would like to say that Mr. & Mrs. Libertella were very much aware of the high standards of the neighborhood and that certainly they did not wish to deterior- ate this area in any way and would not do anything that would be conducive to such deterioration. In reply to the Supervisor's inquiry as to whether any member of the Board had any further questions or,comments to address to Mr. Campbell, Mr. Bloom remarked that he would like to point out that any change in a non-conforming use of property in a residentially zoned district necessitated this type of permit-- which Mr. Campbell agreed he understood. And thereupon since no one else wished to be heard in favor of the application, the Chair stated that the Board would now hear those who wished to speak in opposition. In Opposition: Mr. Joseph Ward, 693 Weaver Street Mr. Ward stated that he was Mr. Libertella's closestneighbor and that the proposed pool happened to be practically in his garden. He recited his assessment as $50,000. and said that he knew that his tax rate would not be decreased upon this swimming pool's construction; but nevertheless his property would deteri- orate in value. He further stated that he considered this to be spot-zoning for commercial usage; that it would not be as quiet as it had always been in this area were a day camp for from 80 to 90 to be created and conducted; and most particularly that this would be so were such a program to be conducted in day camp style, that is, with all outside activity. This area, he con- tinued, is highly restricted and highly zoned and should be kept this way. He further said that his school taxes were $2,000. a year and that the local school system had no facilities for any -- unusual child explaining that he had a retarded child who accord- ingly had to be tutored at home in the summertime and that any disturbance was extremely detrimental to her learning. He also stated that during the 15 years he had resided in his home, the Monroe Nursery School had been conducted only in the winter, and that to the best of his knowledge, there had never been a summer program, and that he strongly felt the proposed program - 3 - 4 would overload the facilities. He also observed that although he had heard Mr. Campbell this evening, Mr. Libertella had been run- ning an ad in the paper for counsellors for an 8 to 9 year old age group, and that he could not see how this age group could use the same type of program and facilities as the under 6 year old age group. He stated also that he had come to Larchmont some 15 years ago, that he liked it, that he wanted to stay here-- but that he strongly felt that nothing should be permitted which would alter or change in anyway the subject area. The Supervisor said she wanted to be sure she understood a question as to the fact about the summer program -- and Mr. Ward reiterated that he had never seen children about the Monroe Nursery School premises in the summer. "Further", he said, "I have 4 in help in my household and before coming here this evening, I questioned them on this point and was assured that there had never been any noise nor had they ever observed any summer activity." Mr. Lee Whitestone, 797 Weaver Street Mr. Whitestone stated that he had resided in his home for the past 18 years and that during all of this time the Monroe Nursery School had always been in operation and that he had never objected to it. However, he said, were this to be changed to a day camp, he definitely felt that there would be noise and other aspects to the proposed operation which would lead to deterioration of the neighborhood in general, and he, too, was opposed to the granting of the application. Mr. J. W. Piper, 711 Weaver Street Mr. Piper said that he would like to go on record as agree- ing with everything Mr. Ward had said. In the 20 years that he had lived in his home he said he had never seen as many as 20 children on the Monroe Nursery School premises at any one time. It had been very quiet and he said he would collaborate Mr. Ward's observations, adding that he really feared for Weaver Street if there were any more traffic on this already more than heavily trafficked artery. He pointed out that at this particular point, the road was very narrow and that there had already been several accidents where the little bridge was, none of which would lessen the possibilities of creating even more hazardous and dangerous traffic conditions. Mr. C. W. Martin, 30 Bonnie Way Mr. Campbell has cleared up the real objection I had, Mr. Martin stated, by pointing out that this will be a Nursery School and not a Play School. He further said that he had been concerned about the Zoning Ordinance inasmuch as if non-conforming uses could be added to, there eventually might well be more such applications filed and granted with the result that the area would deteriorate and lose its R-30 zoning. Mr. Seglio, 810 Weaver Street Mr. Seglio stated that he was new to the neighborhood having resided there only a few short months but that he was also opposed — to this application. He said that he felt real estate was a unique commodity, one which could not be manufactured, and that therefore this area should be kept as it was and certainly for this reason, he definitely opposed any change in the area. - 4 - Mr. Anthony Gagliardi, 20 Bonnie Way Mr. Gagliardi stated that he, too, was opposed to extending the Zoning Ordinance as it would lead to a branching out of non- conforming uses all the time and a tearing down of what the residents now had. This proposed usage, he said, would be a disturbance as wherever there is any water, children are far from quiet whenever they are enjoying being in that water. Mr. William E. Yamaguchi, 14 Bonnie Way Mr. Yamaguchi stated that they had not lived at this address too long, some 8 or 9 years, but that one of the reasons they had purchased this particular property was because of the true serenity it had. He further said that he did a lot of writing and in the summer did not go into his office but rather stayed home and very often worked in peace and quiet in his own backyard. He therefore said that he, too, was opposed to this application. Mr. John Wasco, 805 Weaver Street Mr. Wasco stated that he was against the application as he felt the purchasers knew the restrictions when they purchased the property and that he could see no justification for changes being made now. Councilman Faiola asked Mr. Campbell whether the Libertella's had conducted a day camp program last summer, to which Mr. Campbell replied that they had not as they had not purchased the property until November, and since the purchase, had been contemplating plans for this summer. Mr. Campbell pointed out that in the contract of sale for this property by the Collek's to the Libertella's, it was specifically stated that the property could be used as presently used, i.e. ; "nursery school and summer day camp", which document he would be very glad to forward to the Board, if desired. Mr. Campbell emphasized that neither his client nor he were in any way doubting the statements made by any of the neighboring property owners since he felt it possible that the summer use could have existed without any noise or commotion whatsoever. He again pointed out that the use of the pool would be limited -- adding that while he certainly could understand Mr. Ward's ob- jections since the pool would be used only in the daytime and would have to meet all the requirements specified for such pools and would be completely inactive at night and over week- ends except by use of the owners, he felt that the pool would not be found to be objectionable. He also called to attention that it was his understanding that no precedent was set by any decision of this Board and that the Zoning Law set down the standards by which the Board must make its decision. He added that Mr. Libertella would be glad to move the location of the pool if the persons did not object and also mentioned one other point -- that the small stream known as the Sheldrake River running along the property con- stituted a source of danger, and for that reason since it had been reported by many that children were always straying to the river, that Mr. Libertella had completely fended in the property in the interest of safety. He concluded his remarks by saying the choice of words "day camp" might be unfortunate since this would not really be the operation of a summer day camp program. - 5 - Councilman Bloom stated that indeed the Zoning Ordinance had been prepared with a recognition of non-conforming uses but also with a recognition of the need for the conduct of a non-conforming nursery school in a residential area. "Each case stands on its own", he said, "and no precedent would be established whether the Board granted or denied this applica- tion." He referred to the Badger Day Camp, located in a very fine residential area, stating that the way it had finally reached its method of operation was by working out with the neighbors the details of programming relating to hours, noise, and other such miscellaneous details, all of which could well be matters of objection and concern to nearby property owners. This - - cooperation with the neighboring property owners, Mr. Bloom con- cluded, was he felt the most important thing to have in any such operation. The Supervisor then asked whether she was correct in believing that all operations would be for 3 to 6 year olds only? She was answered affirmatively. The Chair then inquired whether anyone else wished to be heard and since no one did, stated that a motion to close the hearing would be entertained -- whereupon on motion by Council- man Nagel, seconded by Councilman Bloom, it was unanimously RESOLVED, that the hearing be and it is hereby de- clared closed. The Chair then asked the Board's pleasure and thereupon Council- man Faiola stated that he would like to defer decision, with which suggestion the Supervisor agreed since she said she would like some further information including the Contract of Sale Mr. Campbell had offered to furnish. Mrs. Helwig also inquired at this time whether any part of Mr. Ward's objection was to the location of the pool -- to which he replied, "only in part since, for example, the Larchmont Reservoir property will not be there forever." "This property," he continued, "is very valuable and there is much question in my mind as to what the zoning might be if it should be sold as he said he remembered that some years ago there was considerable discussion of its sale." "The property on the New Rochelle side goes 20 feet in the water, " he said, "while Larchmont owns 20 feet out of the water and the sale was being contemplated with the water rights." "We have beautiful homes," he said, "they are quiet and peaceful and we wish to keep them as they are." Councilman Bloom then asked Mr. Libertella whether he had any enrollments for the summer. Mr. Libertella replied that he had had some inquiries and that he did have some enrollments pending. And thereupon, since there were no further comments or questions, on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that decision on this application be deferred until the next regular meeting of this Board on June 3rd, 1970. Mr. Campbell, the Attorney for the appellant, inquired whether there was any way a decision could be reached prior to June 3rd and was advised by the Chair that there was not since this would be the first date on which a quorum of the Board would be avail- able. 6 OLD BUSINESS 1. Reports - Prince Willows Sewer a) Fixing of Date and Adoption of Order for Public Hearing on $50,000. Increased Cost In accordance with the memorandum addressed to the Board by the Comptroller under date of May 20th, 1970 submitting Order calling a public hearing to consider the proposed $50,000. in- crease in the cost of the sewer construction and the Attorney's explanation of the legal procedure required therefor, the Board discussed possible dates for the hearing, whereupon the date of the next regular meeting on Wednesday evening, June 3rd, was fixed for the aforesaid hearing, and thereupon on a motion by Councilman Nagel, seconded by Councilman Faiola, the following Order to be published and posted not less than 10 nor more than 20 days before the date set therein for the hearing, was adopted upon a roll call vote as set forth herein- below: In the Matter _ _ _ _ _ _ of- - - - - - - - - - - A proposed increase in the maximum ' amount to be expended in connection' with the establishment of an exten-' sion of Sewer District No. 1 of the' Town of Mamaroneck, Westchester County, New York, known as Section ' fist, t WHEREAS, after all necessary proceedings were duly had and taken pursuant to Article 12 of the Town Law and Chapter 60 of the Laws of 1937 and Chapter 629 of the Laws of 1939, as amended by Chapter 710 of the Laws of 1943, the Town Board of the Town of Mamaroneck, Westchester County, New York, duly established an extension of Sewer District No. 1 of the Town of Mamaroneck, Westchester County, New York, known as Section "S", at a maximum estimated cost of $195,000; and WHEREAS, the improvements then proposed, and still as now proposed, consist of the construction of a sewer system, including pertinent facilities and incidental improvements, to serve said extension; and WHEREAS, pursuant to an application in accordance with the provisions of subdivision 1 of Section 209-h of the Town Law for approval of a $50,000. increase in the maximum amount to be expended in con- nection with the establishment of the aforesaid extension, the State Comptroller has found and determined that said increase is in the public interest and will not constitute an undue burden upon the property affected and has approved said increase by his order dated May 7, 1970, so that now the maximum amount proposed to be expended in connection with the establishment of the aforesaid extension is $245,000; and WHEREAS, it is now desirable to call a public hearing to consider the matter of the aforesaid increase pursuant to Section 209-h of the Town Law; 7 - NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, shall be held at the Weaver Street Firehouse, in Mamaroneck, New York, in said Town, on the 3rd day of June, 1970, at 8:15 o'clock P.M., Eastern Daylight Saving Time, to consider the afore- said proposed increase, and to hear all persons interested - in the subject thereof, concerning the same, and for such other action on the part of said Town Board in relation thereto as may be required by law or proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published and posted in accordance with the provisions of Section 193 of the Town Law. Section 3. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: Councilman Faiola VOTING Aye Councilman Nagel VOTING Aye Councilman Bloom VOTING Aye Supervisor Helwig VOTING Aye VOTING The order was thereupon declared duly adopted. b) Repair Work At the Chair's request, the Engineer reported that the repair work on the sewer would be completed as of next Friday or Saturday including the sealing of points of infiltration, etc. 2. Reports —Colonial Avenue Petition The Supervisor stated that she had been advised by the Chief of Police that 15-mile-per-hour signs had been erected on Colonial Road and that he had conferred with Mr. Allan of that street regarding certain plans and changes which were presently underway. 3. Change in Resolution - Authorization of Topographical Survey Palmer & Weaver Properties The Supervisor called to the Board's attention the fact that the General Town appropriation for this particular line item was over expended while an appropriation of $7,500. was avail- able in Part-Town and recommended therefore that the resolution - adopted on May 6th be amended so as to charge the $660. cost for such survey to the Part-Town rather than the General Town budget since the Topographical Survey was necessary for the erection of a Police Headquarters Building which, under the law, was a Part-Town charge. _ g _ Whereupon on motion by Councilman Nagel, seconded by Councilman Bloom, it was unanimously RESOLVED, that the resolution adopted by this Board on May 6th, 1970 which reads as follows: "RESOLVED, that this Board hereby auth- orizes the Town Engineer to engage Ben DeVino of 10 Fake Place, Mount Vernon, New York, to furnish to the Town of Mamaroneck a Land Survey and Topographic — Map of the properties located at 1201 Palmer Avenue and 153 Weaver Street and known as Block 401 - Parcels 122 and 150 on the Assessment Map of the Town of Mamaroneck, for the sum of $660.00 presently a General Town dharge, but to be a Part-Town charge upon the Bill presently before the Governor becoming law." be and it hereby is amended so as to read as follows: RESOLVED, that this Board hereby authorizes the Town Engineer to engage Ben DeVino of 10 Fiske Place, Mount Vernon, New York, to furnish to the Town of Mamaroneck a Land Survey and Topographic Map of the properties located at 1201 Palmer Avenue and 153 Weaver Street and known as Block 401 - Parcels 122 and 150 on the Assessment Map of the Town of Mamaroneck, for the sum of $660.00 to be charged to Part-Town Miscellaneous a/c #516 "Police Station Project". -- 4. Authorization, Transfer of Funds for Narcotics Guidance Council A memorandum addressed to the Board by the Comptroller under date of May 18th, 1970 requesting authorization to transfer funds as set forth therein so as to make the $1,000. allot- ment to the Narcotics Guidance Council authorized by the Board on May 6th, was herewith presented and ordered received and filed. The Supervisor advised the Board that she had checked with both of the Mayors as to their pleasure in the matter of appropriations being made by the Villages, and that both of them had requested that the appropriation be made by the Town and that it be a General Town charge. Whereupon on motion by Councilman Bloom, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby authorizes the following transfer of funds within the 1970 budget: From Misc. General Town Contingency, a/c 507 $1,000. To Misc. a/c 519, Narcotics Guidance Council 1,000. The Comptroller pointed out that this would become a wash item upon approval of the claims for expenditures and reimbursement of 100``% for the first $1,000. by the State. - 9 - NEW BUSINESS 1. Fix Date for Public Hearing - Proposed Property Maintenance Ordinance The Supervisor referred to the memorandum addressed to the Board by the Planning Board under date of May 19th, 1970, submitting its suggestions on the Proposed Property Maintenance Ordinance as requested by the Town Board at its last meeting. She stated that it would be necessary to fix a date for a hearing on the adoption of this Ordinance and that this was desirable at as early a date as possible. However, she reminded the Board of the Memorial Day holiday which would not permit sufficient time for publication of the legal notice for such hearing by the next regular meeting, in addition to which, it would seem that it would be advantageous for each of the members of the Board to have time to study all of the recommend- ations submitted in the foregoing memorandum. She reminded the Board there would be only one meeting in June -- on the 3rd -- which made the timing of the hearing rather difficult unless the Board wished to call a special meeting. The Attorney then suggested that the Proposed Property Mainten- ance Ordinance be a Local Law rather than an Ordinance since the notice of hearing for the adoption of a Local Law required pub- lication for only three rather than ten days prior to the date of hearing, also reporting that the Building Inspector and he had worked most of this morning reviewing the suggestions presented by the Planning Board, most of which had been found to be covered in the Building Code. Following some further discussion by the Board, on motion by Councilman Faiola, seconded by Councilman Bloom, it was unanimously — RESOLVED, that a special meeting of this Board be held on Wednesday evening, June 17th, 1970, at 8:15 p.m. , in the Council Room or Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck; and be it further RESOLVED, that a public hearing be held before this Board at the aforesaid special meeting to consider the adoption of Local Law #2-1970, entitled, "The Property Maintenance Law of the Town of Mamaroneck", and which shall control property maintenance in the unincorporated area of the Town of Mamaroneck; 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 public hearing as required by Local Law #2-1966. 2. Authorization for Transfer of Funds - Water District No. 1. Pursuant to memorandum addressed to the Board by the Comptroller under date of May 18th, 1970 explaining the reason for the re- quested transfer of funds herewith presented and ordered received - 10 - and filed for the record, on motion by Councilman Nagel, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby authorizes the following transfer of funds within the 1970 Budget and Surplus Funds: From Surplus Water District #1, a/c 504 $18,480.95 To Water District System 18,480.95 Capital Costs, a/c 401 3. Authorization - Police Emergency Overtime Compensation Pursuant to memorandum of the Comptroller under date of May 18th, 1970, herewith presented and ordered received and filed for the record, on motion by Councilman Bloom, seconded by Councilman Nagel, it was unanimously RESOLVED, that as approved by the Board of Police Commissioners, this Board hereby authorizes payment of Emergency Overtime Compensation to the following officers of the Town of Mamaroneck Police Department for the number of hours set forth for each covering the period from February 26th through May 2nd, 1970. Name Hours Min. Lt. Staropoli 5 30 Sgt. Bakker 15 if Silvestri 14 Det. Mahoney 25 30 if Mulcahy 27 30 IT Paonessa 8 Ptl. Adamo 2 30 " Ambrosovitch 1 30 " Baumblatt 7 30 " Catapano 2 30 " Diamond 2 30 IT DeVico 3 Fuller 9 30 " Gerardi 3 30 " Giacomo 30 " Mosiello 5 30 " O'Rorke 5 " Perritano 13 30 IT `.'Vitro 4 " Winckler 1 30 " Anderson 2 30 Total 160 30 - 4. Authorization - Fire Emergency Overtime Compensation Pursuant to memorandum of the Comptroller under date of May 12th, 1970, herewith presented and ordered received and filed for the record, on motion by Councilman Bloom, seconded by Councilman Faiola, it was unanimously RESOLVED, that as approved by the Fire Chief, this - 11 - Board hereby authorizes payment of Emergency Over- time Compensation to the following Firemen of the Town of Mamaroneck Fire Department for the number of hours set forth for each covering the period from March 18th through May 12th, 1970: Name Hours Fireman Carl Mirande 14 " Santo Garofalo 14 Total 28 5. Petition to Correct Assessment Roll Pursuant to petition addressed to the Town Board by the Assessor under date of May 20th, 1970, herewith presented and ordered received and filed for the record, on motion by Council- man Nagel, seconded by Councilman Bloom, it was unanimously RESOLVED, that pursuant to Subdivision #1, Section 557 of the Westchester County Administrative Code, this Board hereby authorizes that the Assessment Roll of the Town of Mamaroneck for the year 1969 be corrected as follows: From: Block Parcel Name & Address Land Tmp Total 816 99 Marneck Realty Corp. $31,000 $56,100 $87,100 1044 Mamaroneck Avenue To: Block Parcel Name & Address Land IMP Total 816 99 Marneck Realty Corp. $16,200 $ 2,600 $18,800 1044 Mamaroneck Avenue 6. Appointments - Commission of Human Rights (Resignation of Mrs. Janet S. Weart) At the Chair's request, Councilman Bloom reminded the Board of Mrs. Janet Weart's desire to retire from the Commission of Human Rights as recited in her letter of April 3rd, 1970, which was herewith presented and ordered received and filed. The Board with real regret agreed to accept her resignation and expressed the highest commendation of Mrs. Weart's fine work on this Com- mission from the time it was established. Councilman Bloom then presented in nomination for appointment to fill that vacancy, the name of Mrs. Donald Chapin, reviewing briefly her experience and background particularly qualifying her for this service. He also presented for reappointment to succeed themselves, the names of Mr. John Masterson and Mr. Peter Perciasepe, their first terms of office expiring as of May 19th, and lastly, since the vacancy created by the resignation of Mr. Vincent DeCain upon his appointment as Assistant Postmaster General of the United States was still unfilled, the name of Peter Fousek to fill that unexpired term of office, briefly reviewing his background and experience. The Chair inquired whether there were any further nominations and since there were not, Councilman Bloom moved the appointment of - 12 - the foregoing persons. This motion was seconded by Councilman Nagel and the following resolution then unanimously adopted: RESOLVED, that this Board hereby appoints the following persons as members of the Commission of Human Rights of the Town of Mamaroneck to serve for the term of office herebelow designated for each: Name Term of Office - Peter Fousek May 20, 1970 - May 19, 1972 Mrs. Donald Chapin May 20, 1970 - May 19, 1973 John Masterson " " Peter Perciasepe " and be it further RESOLVED, that the aforesaid appointees be so notified. Councilman Bloom then informed the Board that several other persons had been highly recommended for appointment to this Commission, two of whom had been young persons and that it was the Board's feeling that the appointment of young people to this Commission would indeed be valuable and desirable and it was hoped that such an appointment or appointments could be made whenever further vacancies occurred. The Board then directed that a note be addressed to Mrs. Weart on its behalf, expressing its deep regret of her loss to the Commission and its sincere thanks and appreciation of the out- standing contribution she had made to the Town of Mamaroneck during the many years she served with such distinction as a member of its Commission of Human Rights. 7. Appointment to Board of Review In Councilman Vandernoot's absence, Councilman Faiola proposed the name of Mr. Robert S. Mac Callum for appointment as the third and Village of Larchmont area member of the Board of Review and briefly recounted his qualifications and experience. Whereupon since there were no further nominations, on his motion, vigorously seconded by Councilman Bloom, it was unanimously RESOLVED, that pursuant to Section 529 of Chapter 852 of the Laws of 1948 (Westchester County Administrative Code) , Mr. Robert S. Mac Callum of the Village of Larchmont, resident taxpayer of the Town of Mamaroneck, be and he hereby is appointed a member of the Board of Review for the year 1970, to sit on Tuesday, Wednesday, Thursday and Friday, June 16th, 17th, 18th and 19th, 1970, from 10 a.m. to 12 o'clock noon and from 1 p.m. to 4 p.m. daily, and to be compensated at the rate of $75.00 per day but not to exceed the total sum of $300.00; and be it further RESOLVED, that Mr. Mac Callum be notified accordingly. - 13 - Not on Agenda 8. Authorization — Police Expenditure Pursuant to memorandum of the Police Commission, dated May 15th, 1970, herewith presented and ordered received and filed, on motion by Councilman Nagel, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby authorizes Sergeant Robert Barasch and Patrolman Thomas Vitro to attend the training school for dismantling of bombs, to be conducted by the New York City Police Department at the Police Academy, New York City, from May 13th through May 22nd, 1970, with expenses to be charged to the proper item in the Police budget. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered received and filed: Report of the 'Town Clerk for the month of April 1970. Summary of Receipts and Disbursements for the period January lst through April 30th, 1970. 5th Annual Report of the Larchmont-Mamaroneck - Committee on Family and Youth. ` The Supervisor -- 1. Report on Legislation The Supervisor reported that the Bill enabling the Board of Education to make an agreement with the Town for the use of a certain portion of the old Central School building for Town Office purposes had been signed into Law by Governor Rockefeller. She further advised the Board that, as of this hour, she had no information on the fate of the Bill for the acquisition of property and construction of buildings at Weaver and Palmer. She said that Lieutenant Governor Wilson's office had been most cooperative in keeping her advised of the progress of these Bills and that since the 30-day period terminated at midnight tonight,: she had requested that she be called at this number should there be any information tonight. 2. Report on Hommocks Road Water Main The Supervisor advised the Board that the Water Board had received bids for this installation and that the low bid was under the budgeted amount and therefore work would commence as soon as the 10-inch pipe was available. 3. County Award to Superintendent of Recreation The Supervisor advised the Board of the dinner to be held by Westchester County Recreation and Park Society on Monday evening, May 25th, at Glen Island Casino at which Mr. Kronenberger would - 14 - be presented an Achievement Award in recognition of the Town and School cooperation resulting in the Hommocks Pool. She said she hoped that any of the members of the Board who could, would attend this dinner at which Mr. Kronenberger would be so highly honored. The Councilmen -- Mr. Faiola -- 1. Letter re Purchase of Pumper Mr. Faiola referred to the letter he had addressed to the Board on May 18th, 1970, a copy of which had been furnished to each of the members of the Board, on the subject of a proposed joint purchase by the Town and Larchmont of a foam truck for fire service which was herewith ordered received and filed for the record. Mr. Faiola inquired the Board's pleasure on this proposal, ask- ing whether any member of the Board had any questions or comments he might wish to make. Following discussion, the Board unanimously stated that it would favor the proposal but agreed with Councilman Nagel who asked whether Mr. Faiola could see whether the Village of Mamaroneck could not be included. Mr. Faiola said he would be very glad to indeed contact the Village of Mamaroneck and discuss the matter. Mr. Nagel -- 1. Apportionments In Mr. Vandernoot's absence, Mr. Nagel presented the following apportionments and on his motion, seconded by Mr. Faiola, the following resolution was unanimously adopted. WHEREAS, the Assessor has presented petitions for the correction of the Assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1969, taxes of 1970, which shows property now appearing on the roll as follows: Block Parcel Name Land IMP Total 902 348 Pasquale & Viola Pennucci $4,300 $5,200 $9,500 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land IMP Total 902 348 Viola Pennucci $2,300 $5,200 $7,500 902 445 Patrick J. Pennucci 2,000 2,000 15 - 9 and be it further RESOLVED, that the assessment roll of 1969, taxes of 1970, which shows property now appearing on the roll as follows: Block Parcel Name Land IMP Total 826 276 Concetta Trofibio $ 6,700 $ 7,300 $14,000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land IMP Total 826 276 Concetta Trofibio $ 3,700 $ 7,300 $11,000 826 316 Frank Nask, Jr. 3,000 3,000 A question of whether someone in the Assessor's Office checked the apportionments with the Planning Board was brought up and after some discussion, the Board unanimously agreed that certainly the Planning Board should be notified of all apportionments and directed the Town Attorney to issue the necessary instructions to establish this procedure. Not on Agenda Mr. Bloom -- 1. Report - Code of Ethics Mr. Bloom stated that it was necessary for the Town to adopt a Code of Ethics in order to comply with a State Law. He explained that a proposed Code had been drafted by the Committee but that time was needed for review and any desired revisions prior to hold- ing the public hearing on its adoption as required by law. He then said that inasmuch as there would be a special meeting on June 17th, if the Code of Ethics were adopted as a Local Law, there would be sufficient time for this review and the publication of the Notice of Hearing since only three days notice was required for Local Laws. He therefore suggested that this hearing be on the 17th of June so that the Town would have its Code by July 1st, which he thereupon so moved. The motion was seconded by Council". man Nagel and the following resolution unanimously adopted. RESOLVED, that a special meeting of this Board be held on Wednesday evening, June 17th, 1970, at 8:15 p.m. , in the Council Room or Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck; and be it further RESOLVED, that a public hearing be held before this Board at the aforesaid special meeting to consider the adoption of Local Law #3-1970, entitled, "Code of Ethics of the Town of Mamaroneck", which Local Law shall set forth a Code of Ethics and create a Board of Ethics for the Town of Mamaroneck; and be it further RESOLVED, that the Clerk be and he hereby is auth- orized to publish in the official newspaper of the Town of Mamaroneck, "The Daily Times", Notice of such public hearing as required by Local Law #2-1966. - 16 - 2. Ordinances Mr. Bloom remarked that he had noted with interest the adoption of a Litter Ordinance by the Village of Larchmont which had come about from a recommendation of the Water Pollution Sub- Committee, suggesting that the Town Attorney obtain a copy thereof for the Town's information and consideration. He further referred to a licensing ordinance for gardeners, and after some discussion of this subject, the Town Attorney was requested to investigate this and see whether such an Ordinance with fees charged to local gardeners had been adopted by any municipality and if so, whether one could be adopted by the Town. Not on Agenda Mr. Nagel -- 1. Rent Decontrol Mr. Nagel inquired of the Supervisor whether a study could be made on the entire rent decontrol subject stating that he believed such a study had been made in the Village of Larchmont. Mr. Bloom stated that he thought such a study should be made but said that he thought the Town Attorney should first research the present laws and advise the Board how: such a study could best be undertaken. Mr. Faiola then informed the Board that he had a copy of the Yonkers' proposal and said that he felt it should be remembered that consideration must be given to the landlord as well as to the tenant in any study made. OTHER BUSINESS Mr. Vincent Ciardullo - 118 Laurel Avenue, Town 1. Drug Addiction Mr. Ciardullo, upon recognition, addressed the Board on the matter of the drug problem in Mamaroneck High School. He stated that the Police were not allowed to enter the schools or the school grounds and asked how the law could be changed so as to allow Police to enter both the school buildings and the school grounds. He further said that the school principals did nctwant to do anything about the situation but that something must be done by somebody. In replying to Mr. Ciardullo, the Supervisor stated that the Town officials had been meeting with the school authorities for some six months past and that she believed the Town had their fullest cooperation. A rather lengthy discussion continued with Councilman Bloom suggesting that Mr. Ciardullo attend the coming meeting of the Narcotics Guidance Council on the 27th and present the problem to the Council since it had been established to deal with the narcotics problem and its personnel was highly qualified in this field. 2. Tree Removal Mr. Ciardullo next inquired of the Board when the tree that he had requested be removed would be taken down, stating that the 17 - Supervisor had promised that it would be done some time ago. The Supervisor advised Mr. Ciardullo that she would check this matter the following morning with Mr. Leddy. 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 June 3rd, 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 Commissioner 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: Chatsworth Oil & Heating Co. , Inc. $ 20.00 New York Telephone Co. 30.50 New York Telephone Co. 44.55 New York Telephone Co. 70.54 New York Telephone Co. 65.51 Suburban Communications, Inc. 187.95 Westchester Joint Water Works 2,870.00 Total. . . . . . . . . . . . . . .$ 3,289.05 2. Communications a) Salary Authorization - R. A. Baron, Fireman Pursuant to letter of the Fire Chief dated May 12th, 1970 and memorandum of the Comptroller dated May 18th, 1970, here- with presented and ordered received and filed for the record, on motion by Commissioner Faiola, seconded by Commissioner Bloom, it was unanimously RESOLVED, that this Commission hereby authorizes the engagement of R. A. Baron as paid fireman of the Town of Mamaroneck, effective May 21st, 1970, and to be compensated at the rate of $8,590. per annum. Not on Agenda b) Annual Firemen's Association Convention Pursuant to request of the Deputy Fire Chief, dated May 19th, 1970, herewith presented and ordered received and filed, on motion by Commissioner.Faiola, seconded by Commissioner Nagel, it was unanimously 18 - RESOLVED, that this Commission hereby authorizes Deputy Fire Chief Joseph V. Santoro, his Alternate, and Driver, to attend the Annual Firemen's Associ- ation Convention of the State of New York, to be held at Watertown, New York August 15th through August 19th, 1970, and to use the First Deputy Chief's car for transportation at no expense to the Town of Mamaroneck. Not on Agenda c) New York State Fire Chiefs' Convention Pursuant to letter of the Fire Chief, dated May 15th, 1970, herewith presented and ordered received and filed for the record, on Commissioner Faiola's motion, seconded by Com- missioner Bloom, it was unanimously RESOLVED, that this Commission hereby grants permission to the Fire Chief, the First Deputy, and Driver to attend the New York State Fire Chiefs ' Convention, at the Concord Hotel, Monticello, New York, June 7th through June 10th, 1970, with expenses to be paid from the proper item in the Fire Department budget not to exceed the sum of $450. 3.- Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:10 p.m. , to reconvene on June 3rd, 1970. �24 C1er 19 -