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HomeMy WebLinkAbout1970_06_03 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD JUNE 3rd, 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 Bloom Absent: Councilman Nagel Councilman Vandernoot Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Highway Superintendent Mr. Altieri - Comptroller Mr. Paonessa - Building and Plumbing Inspector Mr. Widulski - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of May 20th, 1970 were submitted, and on motion duly made and seconded, approved as presented. THE SUPERVISOR The Supervisor recognized Miss Barbara Flasch, teacher of the 7th grade in St. John and Paul's, and a group of her students who as she explained were studying New York State Government and attending this evening's Town Board meeting at Mrs. Helwig's in- vitation in connection with their study. At the Supervisor's request, Miss Flasch introduced each of her students and, in turn, the Supervisor introduced the members of the Council and Town Officials seated around the Council table. Mrs. Helwig welcomed Miss Flasch and her students on behalf of the Town, and invited them to ask any questions they might have either during the course of the meeting or at its conclusion. PUBLIC HEARING - Proposed increase of $50,000. in construction cost of Section "S", Extension Sewer District No. 1 On motion by Councilman Bloom, seconded by Councilman Faiola, it was unanimously RESOLVED, that the hearing be and it hereby is declared open. - 1 - The Clerk presented the Affidavit of Publication of the Notice of Hearing for the record and the Supervisor, after outlining the procedure for conducting this hearing, requested the Attorney to speak to the subject of the increased construction costs. The Attorney stated that as the Board would recall, the Prince Willows residents had requested that this area be sewered for many many years, formally petitioning the Board in May of 1964. Subsequently the Board had applied to the State Department of Audit and Control for permission to extend the District by creating Section "S" and con- structing a sewer therein at a cost of $195,000. in the public -- interest as was set forth in the resolution adopted on October 6th of 1965 under the provisions of Section 194 of the Town Law, which permission was granted by Order of that Department issued on November 26th, 1965 reciting that the $195,000. cost was to be met by the $25,000. appropriation the Town had made and a borrowing of the remaining $170,000, in bond anticipation notes. The actual work, however, he said, had not started until four years later in 1969 when during the course of construction it had been found necessary to expend additional funds, permission for which the Law required must again be obtained from the State. Whereupon on December 3rd, '69 application therefor had been made and sub- sequently granted in the Order issued by the Department of Audit and Control upon its determination that the necessity for the expenditure of these additional funds was in the best interest of the public. The Order, if adopted following public hearing being duly held this evening, he said, was subject to permissive referendum and he therefore suggested that during the course of the hearing, the public address itself solely to the necessity for the ex- penditure of these additional funds as if challenged, the record of the hearing would have to be filed in the Comptroller's and County Clerk's offices. The Chair then called on the Comptroller and Engineer, with the Comptroller observing that he felt the Attorney had covered all points adding only that the total cost of the project as now proposed would be $245,000. including the $25,000. Town appropri- ation, the $170,000. bond anticipation note and the requested additional $50,000; and the Engineer explaining that the original contract for $183,000. had not covered the cost of the preparation of certain plans and other items prior to the start of the actual construction, thus leaving the Town only $6,000. leeway. In view of this and the ever-spiralling increase in costs, he ex- plained that in spite of efforts to effect savings on certain items, unfortunately the over-runs in rock and pavement restora- tion had negated these efforts with the resultant expenditures far exceeding the leeway. The Supervisor then asked whether any member of the Board had any comment or question and since no one did, stated that first those in favor would be heard, then those in opposition -- whereupon the following persons addressed the Board: In Favor: Mr. Harry Ekizian - 8 Prince Willows Lane, Town Mr. Ekizian addressed the Board speaking as the President of the Prince Willows Association representing some 35 homeowners in that area. He stated that the Association earnestly requested the Board to appropriate the necessary additional funds to finish the construc- tion work on the sewer and restore the damages caused by the con- struction. He further stated that it did not make sense to not finish and complete this work which would not only sewer the homes - 2 - 921 in the entire Prince Willows - Murdock Woods area, but all important in this day, contribute in a large measure to the alleviation of the pollution in that area. Mr. Charles Levitt - 7 Stonewall Lane, Town Mr. Levitt addressed the Board stating that for approximately some 15 years past up to 2 or 3 years ago, he had attended practically every meeting of this Board as a former President of the Stonewall Lane Association to request the installation of the sewer presently being installed. He added that he and the other residents were indeed happy to see the sewer in front of their doors and earnestly requested that the Board appropriate the necessary funds to insure its completion at as early a date as possible. Mr. Mark J. Devaney -. 8 Wagon Wheel Road, Town Mr. Devaney asked whether these funds would include the resurfacing of Wagon Wheel Road and was assured by the Town Engineer that the sewer construction contract included the resurfacing of all roads upon completion of the work. In Opposition: No one. Whereupon, the Chair stated that it was now in order for the Board to act on the adoption of the Order subject to permissive referendum and thereupon on motion by Councilman Bloom, seconded by Councilman Faiola, the following Order was adopted: ------------------------------------ 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 ' "S n ----------------------------------- 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 - 3 - ®0 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 afore- said extension is $245,000; and -- WHEREAS, an order was duly adopted by said Town Board on May 20, 1970, calling a public hearing on the question of the aforesaid increase and specifying the 3rd day of June 1970, at 8:15 o'clock p.m. , Eastern Daylight Saving Time, at Weaver Street Firehouse, in Larchmont, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof, concerning the same; and WHEREAS, copy of such order was duly published and posted in the manner and within the time prescribed by law and proof of such publication and posted has been duly presented to said Town Board; and WHEREAS, said .public hearing was duly held at the time and place set forth in said order, as aforesaid, at which all persons desir- ing to be heard were duly heard; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows : Section 1. Based upon the evidence given at the aforesaid public hearing, it is hereby found and determined to be in the public interest to increase by $50,000. the maximum amount proposed to be expended in connection with the establishment of the aforesaid extension, known as Section "S", so that the maximum amount now proposed to be expended in connection therewith is $245,000, and said increase is hereby authorized. Section 2. The Town Clerk is hereby authorized and directed to cause a certified copy of this Order to be duly recorded in the offices of the Clerk of Westchester County within ten days after the adoption hereof, and when so recorded this Order shall be presumptive evidence of the legality of the proceed- ings had and taken in connection with the aforesaid increase. Section 3. This Order is adopted subject to permissive referendum. 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 Bloom VOTING Aye Supervisor Helwig VOTING Aye VOTING VOTING The Order was thereupon declared duly adopted. 4 _ THE SUPERVISOR The Supervisor then, with the Board's consent, varied the order of business in order to hear the Prince Willows report listed under Old Business on the agenda, so as to facilitate anyone who might have questions relating to the sewer. She reported that the County Health Department had stated as of yesterday that the work was acceptable and that the formal written acceptance would be forthcoming. However, she added, the County Pumping Station at the bottom of the line had been inactive since - 1968, and in view of this, Mr. La Vignia of the County Public Works Department had advised her this afternoon on the phone that the necessary inspection and testing thereof would be made within the next couple of days and once this was completed, notices to the property owners enabling them to make their house connections would be in order. She then inquired whether anyone else wished to address the Board and thereupon recognized Mrs. Peter Overzat of 1165 Old White Plains Road. Mrs. Overzat stated that she had been listen- ing skeptically to all the talk of within the week, or one or two days, etc. , in view of the construction timetable to date, and inquired whether anyone could interpret the notice she had received from Felix regarding making house connections to the sewer? Mr. Widulski replied that he had not seen the letter but that he did know that Felix had thought it would be more advantageous to the property owners to quote them a rental basis for equipment needed in making house connections. He further explained that of course this was not binding upon any property owner as the matter of making house connections was solely up to the individual property owner and completely his choice as to how and by whom the work was done provided said connection complied with the requirements therefor. Mrs. Overzat then stated that she understood the sewer was 25 feet deep at her property in order to accommodate the property owner below her, and therefore she presumed it would cost her twice as much to make her connection to the line. The Supervisor in replying, clarified the matter of the depth of the sewer, explaining that the depth Mrs. Overzat spoke of had been found to be necessary in order to have a gravity flow line rather than a forced main pumping station which the County did not favor inasmuch as there was considerable problem of maintenance and upkeep in connection with such pumping stations, adding that at the County's request, this sewer had been redesigned in order to provide this gravity flow. Mrs. Overzat then asked when the property would be restored and whether such restoration would be to its former condition or to just what degree? Mr. Widulski advised Mrs. Overzat that damaged areas would be restored and, in answer to her question, that the restoration in the instance of her premises, would include the hedge and the damaged portion of her driveway about which she had specif- ically asked. Mr. Levitt then inquired whether he might address a question to the Attorney which was -- how making house connections tied in with the permissive referendum timetable? Both the Attorney and Councilman Bloom explained that the additional funds on which the permissive referendum ran had nothing to do with making house connections to the sewer line and which could be made just as soon as County approval was obtained, hopefully within the week. 5 _ Since no one else wished to address the Board, the Supervisor thanked all present for attending the meeting this evening and for their courtesy and patience. BID OPENINGS 1. Road Improvements - Hommock and Eagle Knolls Road The Clerk presented the Affidavit of Publication of the Notice for Bids for the record and opened and read aloud the following bids reporting receipt of correct bid check or bond and the non- collusion statement signed in each case. Bidder Bid Michael J. Rossi Cont. Corp. $ 7,300.00 Bilotta Construction Corp. 10,325.00 Daniel F. MacNamee & Co. , Inc. 8,687.50 Nigro Bros. , Inc. 5,700.00 Following some discussion by the members of the Board, on motion by Councilman Faiola, seconded by Councilman Bloom, it was unani- mously RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit that of Nigro Bros., Inc. , in the amount of $5,700. for reconstruction of the inter- section of Eagle Knolls Road and Hommocks Road, in accordance with the specifications set forth in the Notice for Bids, provided that upon examination by the Engineer, Attorney, Comptroller and Superintend- ent of Highways, said bid is found to be satisfactory; and be it further RESOLVED, that upon acceptance of the low bid, the Clerk be and he hereby is directed to return the bid checks or bid bonds to all except the successful bidder. 2. Painting Firehouse The Clerk presented the Affidavit of Publication of the Notice for Bids for the record and opened and read aloud the following bid reporting receipt of bid check and that the non-collusive statement had been signed. Bidder Bid Facilities Painting Corp. $ 4,785.00 Upon opening the second bid, that of Gerald Gironda, the Clerk reported that the non-collusive statement was not signed and thereupon upon referral to the Attorney, this bid was deemed unacceptable and therefore not read. Whereupon, on motion by Councilman Faiola, seconded by Councilman - 6 - 103 Bloom, it was unanimously RESOLVED, that this Board hereby refers the bid of the only bidder, Facilities Painting Corp. , in the amount of $4,785. for painting and patching the interior of the Weaver Street Firehouse in accordance with the specifications set forth in the Notice for Bids, to Councilman Faiola, the Fire Chief, the Comptroller and the Attorney for study and written report of recommendation as to acceptance. OLD BUSINESS 1. Decision - Application for Special Permit Adam Libertella The Supervisor reminded the Board that decision had been deferred on the application of Mr. Libertella at the last meeting and asked whether any member of the Board wished to make further observations or comments at this time. Councilman Faiola advised the Board that he had taken a second look at the site and had been assured by the applicant that there would be no increase in the present facilities; therefore, he said he felt it would be to the advantage of the owner to have the application granted. He further stated he did not think there would be any hardship on any of the neighboring property owners if the application were granted as the owner had agreed to consider the implementation of any further restrictions or conditions which might be recommended. Consequently he stated that he felt the denial of this application would be a hardship on the owner of the premises. Councilman Bloom stated that while he agreed that denial of the applica- tion would cause economic hardship to the applicant, this was a Special Permit application under which approval or disapproval is entirely in the Board's discretion. He pointed out that this is so either as to creation of a Special Permit use or extension of a Special Permit use existing as a result of a non-conforming use at the time of adoption of the Zoning Ordi- nance, and that the discretionary nature of the Town Board's authority existed not only in the Town of Mamaroneck Ordinance but in similar ordi- nances which had been upheld in the courts. Mr. Bloom stated that while such discretion should not be exercised in an arbitrary or unreasonable manner, reasonableness of a Special Permit application requires either that the non-conforming use or extension thereof meet a critical need of the community not filled by other facilities, or at least that it be not objectionable to a substantial majority of the surrounding property owners. He pointed out that neither of these requirements were met by the present application, and that indeed all of the adjoining owners who appeared had stated that the increased traffic and noise to be anticipated from the proposed use is highly objectionable to them -- whereupon, he concluded, he felt he must vote against granting this application. Councilman Faiola then moved that the application be granted, which motion failed for lack of a second. Whereupon the following resolution denying the application was offered on a motion made by Councilman Bloom and seconded by Supervisor Helwig: WHEREAS, Adam Libertella, Weaver Day Camp, Inc. dba Monroe Nursery School, has submitted an application for an extension of its existing Special Use in a residential district (R-30-zone) so as to allow the construction of a swimming-wading pool and appurtenances as shown on the plans filed with the application, on premises located at 685 Weaver Street and more particularly described as Block 103, Parcel 5 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, said application was denied by the Building Inspector on the grounds that the plans were subject to a special permit 7 - _0 :a to be granted pursuant to Sections 410, 432 and 449 of the Zoning Ordinance insofar as the proposed pool and appurten- ances is an extension or addition to a non-conforming use; and WHEREAS, the applicant has applied to this Board for a special permit as provided in Section 432 of the Zoning Ordinance, and which application this Board has referred to the Planning Board for report, and the Town Board having received and filed the Planning Board report under date of May 6th, 1970, along with the minutes of its Special Meeting of April 24th, 1970; and WHEREAS, a public hearing was duly called before this Board on this date pursuant to Section 432 of the Zoning Ordinance; and WHEREAS, this Board has reviewed the application, plans and the property, and has heard all persons interested at this hearing; NOW, THEREFORE, BE IT RESOLVED, that this Board denies the application of Adam Libertella, Weaver Day Camp, Inc., dba Monroe Nursery School, for a special permit to construct a swimming-wading pool and appurtenances on his premises at 685 Weaver Street on the grounds that the applicant has completely failed to show that any hardship whatsoever would be caused him by this denial on the following findings of fact: 1. That the proposed addition of a summer Day Camp program would result in overcrowding the premises. 2. That the proposed additional program would increase the hazardous traffic situation on Weaver Street (Route 125) at an already particularly hazardous area of that road. 3. That the proposed facilities would be inadequate for the proposed enrollment load. 4. That approval of the application would constitute an enlargement and extension of a non-conforming use of property located in a residential area and increase a commercial usage in this highly restricted one-family residential district. Upon roll call the vote on this resolution was as follows with the Clerk opening and reading aloud the proxy vote of Councilman Nagel which was herewith ordered received and filed as part of the record - of this meeting. Councilman Bloom Voting Aye Supervisor Helwig Voting Aye Councilman Faiola Voting Naye Councilman Nagel Voting Aye The resolution was therefore declared duly adopted by a majority vote of 3 ayes and 1 naye and accordingly, the application for special permit denied. 8 - j_ At this time Mr. Libertella stated that he had testimonials from 50 people requesting that the application be granted which he would like to submit at this time. The Chair asked the Attorney whether the applicant now had the right to be heard or present any further documentation in his behalf and upon the Attorney's reply in the negative, Mr. Libertella withdrew the request. 2. Report - Prince Willows Sewer Previously covered. 3. Report - Park Hill Lane Petition The Supervisor reported that the Building Inspector had advised that the clean up job of the property involved had been completed and the Superintendent of Highways reported that this road had been patched and was in passable and temporary satisfactory condition. She inquired of the Town Attorney whether the aforesaid report met the requirements he had forwarded to the developer and was advised that it did until the permanent surfacing of the road took place. Councilman Faiola stated that he felt the Board had had many instances of this kind with builders in the community and that it was time action was taken to eliminate permanently this kind of condition in which the Town wound up doing the entire job the contractor should have done. He further stated that he felt the contractor had failed to live up to the terms of the Attorney's letter and that the Town should move in and take such steps as necessary to have the contractor complete the roads to the satis- faction of the Highway Superintendent and Engineer. The Attorney agreed that Councilman Faiola's remarks were true to some point inasmuch as the Town picked up the garbage, plowed the streets and furnished police and fire protection in these develop- ments while these said streets were still private roads, and recommended that this entire matter be taken up with the Planning Board toward establishing a timetable for the completion of all of the required street improvements in developments. Councilman Bloom pointed out that that was what the performance bond was given for and that the Town would be justified in call- ing the bond, etc., but stated that he was well aware that this could be other than a simple and swift procedure. The discussion concluded with the Board directing that the Town Attorney and the Highway Superintendent meet with Mr. Sumetz, the developer, next week and report to the Board the time schedule for the completion of all necessary work. NEW BUSINESS 1. Application, Bonnie Briar Country Club - Special Permit to Enclose Terrace The application of Bonnie Briar Country Club for a Special Permit to enclose the terrace at the rear of the snack bar was presented, and thereupon pursuant to Section 432 of the Zoning Ordinance, it was directed that the said application be referred to the Planning Board for report to this Board prior to its fixing a date for public hearing thereon as required by law. - 9 - _0 y 2. Change of Meeting Date, July Meeting The Supervisor called to the Board's attention that the permissive referendum on the Order for additional funds for Prince Willows Sewer adopted this evening would not expire by the date of the regular meeting on July 1st and therefore suggested that the date for this meeting be moved forward to the 8th or 9th. The two members of the Board present agreed therewith and in reply to the Chair's request, further agreed to keep both the 8th and 9th open until the date could be cleared with Councilmen Nagel and Vandernoot upon their return to Town. 3. Request of Board of Education - Use of Voting Machines Pursuant to the request of the Board of Education, it was on motion by Councilman Faiola, seconded by Councilman Bloom, unanimously RESOLVED, that this Board hereby grants the request of the Board of Education for the use of voting machines on Thursday, June 11th, 1970, to conduct a vote to fill the new seventh seat on the enlarged School Board. 4. Salary Authorization - Highway Laborer Pursuant to memorandum of the Comptroller under date of June 1st, 1970, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Faiola, it was unani- mously RESOLVED, that pursuant to recommendation of William Aitchison, Superintendent of Highways, Joseph S. Patchen, Jr., be and he hereby is engaged as a Highway Laborer, effective June 1st, 1970, and to be compensated at the rate of $2.84 per hour. 5. Recreation Report A report regarding completion of the resurfacing of the three tennis courts at Memorial Park addressed to the Board by James W. Kronenberger, Superintendent of Recreation under date of June 3rd, 1970, was herewith presented and ordered received and filed for the record. The Board commended Mr. Kronenberger on the appear- ance of the surfacing material being used and excellent installa- tion job performed. COMMUNICATIONS 1. Letter, Glen Rock Estates A letter, dated May 20th, 1970, addressed to the Supervisor by Paul Jenisch, retiring President of the Glen Rock Estates Association, thanking the Town for its cooperation and diligent efforts on be- half of the residents of that area during his term of office, was presented and herewith ordered received and filed for the record. 2. Automobile Club of New York - Award Luncheon A letter from the Automobile Club of New York, dated May 26th, 1970, inviting the Supervisor to attend a luncheon on Tuesday, June 9th, to - 10 - receive the annual Pedestrian Safety Citation to be presented to the Town for the second year in a row was herewith presented and ordered received and filed upon the Supervisor's advice that the Police Chief would attend the luncheon and receive the award on behalf of the Town. 3. Acknowledgement, Governor Rockefeller An acknowledgement by Governor Rockefeller on May 25th of the Town's telegram urgirghis favorable action on the Bill A-6164A - which was approved on May 12th and is Chapter 801 of the Laws of 1970, was presented and ordered received and filed. The Supervisor stated that a number of inquiries about the Bill the Town had supported for County Franchising had been received and that she had called Dr. Berman, Executive Officer of the County, to ascertain how the County would proceed when the Bill became a Law on September 1st. She stated that the County was presently planning,Dr. Berman had told her, to conduct a survey to locate the areas where there was no bus service in an effort to establish such service throughout the County -- adding that she had requested Dr. Berman to forward any information relat- ing to this matter directly to Councilman Faiola. 4. Notice of Hearing - Village of Mamaroneck The Attorney advised the Board that a hearing was to be held by the Zoning Board of Appeals of the Village of Mamaroneck on Thursday, June 4th, 1970, on the application of Kenoromam, Inc. , of 1205 Old Boston Post Road, for a special permit to alter and enlarge the present building and parking area. He stated that this property was in a residential district and that the Town was being notified due to being within 500 feet thereof, and further reported that the Town had opposed a previous application for enlargement of the parking area only. He also reported that he had checked with the Police Chief and that he was opposed to any further enlargement of Mc Donalds inasmuch as the present traffic congestion on the Post Road would be increased. The Attorney asked the Board its pleasure and thereupon he was directed to attend the hearing and formally present on behalf of this Board, its objections to the granting of this application. 5. P.S.C. - Petition Orienta Bus Lines, Inc. The Attorney explained that the Public Service Commission had exercised its prerogative of granting a temporary consent to the petition of the Orienta Bus Lines, Inc. , for a change of route in the Town of Mamaroneck, but that, in accordance with Law, permanent consent could not be granted without a public hearing before this Board. He further advised the Board that the Clerk had been in touch with Mr. Leshin, Attorney for the Bus Lines, and that upon receipt of further necessary information as to the route, etc. , it would be in order for the Board to fix a date for the hearing. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered - 11 - J_ 3 received and filed. Report of the Receiver of Taxes and Assessments for the month of May 1970. Report of the Building and Plumbing Inspector for the month of May 1970. Report of the Westchester Shore Humane Society for the month of May 1970. Report of the Municipal Dog Patrol for the month of May 1970. Summary of Receipts and Disbursements for the period from January lst through May 31st, 1970. The Supervisor -- 1. Death of Anthony Sansone The Supervisor spoke of the great loss occasioned to the community by the sad news of the passing of "Tony" Sansone, Attorney of the Village of Mamaroneck for 35 years, on Tuesday evening, May 26th. She paid tribute to him not only for his outstanding work in the Village, but for his services to villages through his work as one of the founders and Secretary of the Westchester County Village Officials Association from the time of its inception and his further work as its representative for many years on the Legislative Committee of the New York State Conference of Mayors. In Addition to being a public official held always in highest esteem, she said that "Tony" while never an official of the Town, was its good friend whose warmth and understanding endeared him to all who knew and worked with him. Each of the Councilmen expressed his great regret at his passing and paid tribute to him as a public official and highly regarded friend and thereupon by unanimous motion, it was resolved that this meeting stand adjourned this evening in respect to his memory with an in-memoriam resolution spread upon the minutes as a public and permanent tribute to him with a copy thereof forwarded to his widow and the members of his family with deepest sympathy and condolences. 2. Report - Dredging of Gardens Lake The Supervisor reported that the bids for the dredging of the Gardens Lake had been taken in April and rejected since all were over budget. She further stated that the Commission's Chairman had been studying alternate ways of performing this work and that it was now proposed to have the Lake drained by the Park Department and new specifications drawn for the dredging so that this work could go forward at as early a date as possible. The Councilmen Not on Agenda Mr. Bloom - 1. Dinner in Honor of Wain T. Carrington Mr. Bloom remarked on the splendid turnout at Sunday evening's - 12 - dinner in honor of Wain T. Carrington, stating that he felt it appropriate to express the Town's appreciation that such a worth- while program as that of CAP was receiving recognition from the entire community and that he knew he spoke for the Supervisor as well as himself in saying that they had been indeed honored to represent the Town at this affair. 2. Letter to Penn Central Mr. Bloom suggested that consideration be given to having the Town direct another letter to the Penn Central Railroad concerning the promised repair of the treads on the steps at the Larchmont Station in view of their hazardous and dangerous condition. The Supervisor replied that she fully agreed with Mr. Bloom, and that the suggestion was indeed an excellent one. The Town Attorney -- 1. Refund of Deposit - Lien, Block 131 - Parcel 40 Pursuant to letter addressed to the Board by Joseph S. Barr under date of May 27th, 1970, requesting refund of $200. cover- ing tax lien which had been referred to the Attorney and was herewith filed for the record, in accordance with his direction, on motion by Councilman Bloom, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby authorizes the Receiver of Taxes to refund to Joseph S. Barr the $200. deposit paid to the Tax Receiver's office in November 1968 on a 1959 tax lien on property known as Block 131 Parcel 40 located in the Town of Mamaroneck. OTHER BUSINESS in reply to the Chair's inquiry as to whether there was any further business to be brought before the Board, the following persons were heard. Mr. George Thomas - 97 Colonial Avenue, Town Mr. Thomas inquired the status of the Town's action on the suggestions set forth ,in the petition presented to the Board by the residents of Colonial Avenue on May 6th. In reply, the Supervisor advised Mr. Thomas that a number of traffic checks had been held and that the Chief had conferred with Mr. Allan regarding n8-parking on one side of the street. She further advised that signs "Children, Slow" had been installed and the lines re- painted on the street. She added that she regretted that the plans for the sidewalk instal- lation were not yet ready but that it was hoped that they would be within the next week or so. Mr. Thomas inquired as to the residents' course of action to stop the continued speeding on this street, asking whether it would be of any help if the residents reported the license numbers of the speeding vehicles to the Supervisor. The Supervisor referred this question to the Attorney, who in reply, described the "citizen arrest" procedure to Mr. Thomas pointing out the difficulties of its enforcement. - 13 - Mr. Bloom stated with reference to the citizen arrest procedure, that he could understand Mr. Thomas's feeling since he lived on a street very similar to that on which Mr. Thomas resided and that he often thought that cars were proceeding on Myrtle Boulevard at perhaps 60 miles per hour or more but, in actuality, were going only 30 or 35 miles per hour, adding that it was very hard to record speed without the use of instrument gauges. Mr. Thomas then stated that he had tried to keep in touch with Mr. Allan but had not understood Mr. Allan had had any discussion with the Chief of Police and the discussion concluded with the Supervisor advising that the traffic counts would be continued to be made at certain hours both during the week and over the weekends. Mrs. Bernard D. Russell - 18 Mountain Avenue, Town Mrs. Russell addressed the Board stating that she spoke for the League of Women Voters of Larchmont which had requested her to inquire of the Board whether a progress report could be made on the status of the Joint Municipal Survey, adding that she under- stood Councilman Nagel had mentioned something about furnishing such reports to the League. The Supervisor stated that she would be very happy to put the request to the Joint Municipal Survey Committee, but felt that at least the first reports should be made directly to this Committee. Councilman Bloom said that he believed that certainly before any finalization of reports, an opportunity should be and would be given for discussion of the findings of this Survey with all of the Civic Associations and the public, which procedure he be- lieved had always been followed whenever any consultant survey had been conducted in the Villages or the Town. Mrs. Russell said that she had brought along an "In-progress report" of the type to which the League referred which had been put out by Niagara, when it had conducted such a joint survey as the Town and Villages were presently engaged in doing, adding that she would be very happy to have the Board have this informa- tion if it would be helpful. The Supervisor thanked Mrs. Russell and assured her that the League's request would be presented to the Committee for its consideration. Mary Ann Harrington - 712 Forest Avenue, Town Mary Ann Harrington asked the Supervisor whether a traffic light could be installed at Forest and Weaver Streets, and the Supervisor in reply, explained that the Town had only recently installed flash- ing lights at this location which operated during the hours that the school children were on the way to and from school. She ex- plained that Weaver Street was a State highway and that the Town's former request for a traffic light at this location had been denied by the State because of the meager site distances which could make a traffic signal more dangerous than having no signal. She also advised that the Automobile Association Safety Division had turned down this request several times in the past few years for the same reasons as were given by the State in its denial of the request. ADJOURNMENT There being no further business, on motion unanimously made and seconded, this meeting, to reconvene on July 8th, 1970, was - 14 - declared adjourned at 9:30 p.m. in respect to the memory of Mr. Anthony Sansone and the following resolution in-memoriam spread upon the minutes of this meeting in public tribute to him and forwarded to his widow and the members of his family with deepest sympathy and condolences; IN MEMORIAM WHEREAS, Anthony Sansone, life-time resident of the Village of Mamaroneck and long time civic leader who served as Village Attorney for thirty-five years, died on May 26th, 1970; and WHEREAS, Mr. Sansone served as Secretary of the West- chester County Village Officials Association which he helped to found in 1937 from the date of its inception and as its representative on the Legislative Committee of the New York State Conference of Mayors for over twenty years; and WHEREAS, he was also one of the founders of the Joint Town-Village Legislative Committee, established to study Town-Village fiscal problems, and thereby contributed greatly to state legislation improving Town-Village relationships; NOW, THEREFORE, BE IT -- RESOLVED, that we, the members of this Board, herewith record our sorrow at his passing and our great appreci- ation of his many contributions to our community; and be it further RESOLVED, that this meeting shall stand adjourned this evening in respect to his memory, and that this resolu- tion shall be spread upon the minutes as a public and permanent record of tribute to ANTHONY SANSONE, ESQ. with a copy forwarded to his widow and the members of his family with deepest sympathy and condolences. 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 Bloom, it was unanimously RESOLVED, that the following Fire Department claims be and they hereby are approved, and the Supervisor - 15 - and Comptroller authorized to pay the same out of the Fire Department budget: Agway, Inc. $ 196.75 R. G. Brewer, Inc. 9.25 Con Edison 5.00 Con Edison 115.26 Dri-Chem Extinguisher Co. 40.00 Excelsior Auto Repair & Machine Works 81.36 Exterminating Services Corp. 7.00 McGuire Bros. , Inc. 10.50 Mobil Oil Corp. 60.96 Park Radio Electronics 24.75 Peter R. Perciascepe, Jr. 444.00 S. & S. Power Equipment Co. 31.30 Village Paint Supply 42.96 Westchester Joint Water Works 25.00 Total. . . . . .. . $ 1,094.09 2. Reports Commissioner Faiola presented the Fire Report for the month of May 1970 which was herewith ordered received and filed. 3. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:35 p.m. , to reconvene on July 8th, 1970. Cle / 16 -