HomeMy WebLinkAbout1970_08_05 Town Board Minutes 144
MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN
OF MAMARONECK, HELD AUGUST 5th, 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 Vandernoot
Councilman Bloom
Absent: None
Also Present: Mr. Gronberg - Town Clerk
Mrs. Brewer - Deputy Clerk
Mr. Johnston - Town Attorney
Mr. Aitchison- Highway Superintendent
Mr. Altieri - Comptroller
Mr. Paonessa - Building and Plumbing Inspector
Mr. Widulski - Town Engineer
APPROVAL OF MINUTES
The minutes of the regular meeting of July 8th, 1970 were
presented, and on motion duly made and seconded, approved as
submitted.
OPENING OF BIDS
1. Highway Improvements - Old White Plains Road
The Clerk presented the Affidavit of Publication of the Notice
for Bids for the record, and opened and read aloud the follow-
ing bids, advising that proper bid checks or bonds accompanied
each and that the non-collusive statements had been signed:
Bidder Bid
Area Paving Corporation $27,400.00
Felix Contracting Corporation 18,750.00
In reply to the Supervisor's question, the Engineer advised
that the budget appropriation was $13,700. whereupon she noted
that both bids were well in excess of budget.
Councilman Nagel inquired whether it was possible for the Town
-- to do the work, which upon referral to the Highway Superintend-
ent and Engineer,was answered in the negative due to rock re-
moval and certain other factors involved.
The Supervisor then asked the Engineer the length of road
involved - whether it might be about 2/10 of a mile including
the portion from Wagon Wheel Road to the Karmel property and
below that near the Winged Foot entrance? The Engineer agreed
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that this was correct and called to the Board's attention that
eight contractors had picked up the specifications with only
two submitting bids which was a very low number.
Councilman Vandernoot then asked whether this was not a very
dangerous situation which needed improvement and was assured
that it was -- whereupon, following the Engineer's suggestion
that new specifications be prepared and new bids sought in
reply to the Supervisor's question as to what he recommended,
-- Councilman Faiola moved that the bids be rejected and new
specifications be prepared for readvertisement for bids.
This motion was seconded by Councilman Vandernoot and the
following resolution unanimously adopted:
RESOLVED, that this Board hereby rejects the bids
submitted for the improvement of Old White Plains
Road, i.e. that of Area Paving Corporation and
Felix Contracting Corporation in the amounts of
$27,400, and $18,750. respectively, both bids
being in excess of the budgetary appropriation;
and
be it further
RESOLVED, that the Clerk be and he hereby is
authorized to return the bid checks or bid bonds
accompanying the foregoing bids;
and
be it further
RESOLVED, that the Town Engineer be and he hereby
is directed to prepare new specifications for the
aforesaid highway improvements to 0ld White Plains
Road and upon the Attorney's approval thereof, to
publish in the official newspaper, "The Daily Times",
a Notice for Bids in accordance with law, said bids
to be returnable at the next meeting of this Board
on September 2nd, 1970.
2. Street Lights
The Clerk presented the Affidavit of Publication of the
Notice for Bids for the record, and presented the bids
of General Electric Supply Company, White Plains Elec-
trical Supply Company, Inc. , and Westinghouse Electric
Supply Company, which because of being detailed itemized
bids were not read aloud at this meeting.
The Clerk advised the Board that the non-collusive statement
had been signed by each bidder and thereupon, on motion by
Councilman Faiola, seconded by Councilman Bloom, it was
unanimously
RESOLVED, that the foregoing bids be referred
to the Attorney, the Comptroller, and the
Engineer for tabulation and recommendation for
-- purchase, to be recorded in the record of the
next meeting of the Board on September 2nd, 1970.
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3. Fuel Oil and Service of Oil Burners
The Clerk presented the Affidavit of Publication of the Notice
for Bids for the record, and opened and read aloud the follow-
ing bids, advising that the non-collusive statements had been
signed:
Bidder Bid
Frank's Fuel Service, No. Tarrytown, New York
Servicing:
Park Department $ 60.00
Recreation Department 60.00
Police Department 60.00
Fire Department 60.00
Parts on oil burner and controls only as per standard
service contracts. Service contracts must be paid in
advance.
#2 Fuel Oil Net Price $ .1395 per gallon
Suburban Fuel Oil Service, Inc. , Canal Street, Mt. Vernon
Servicing:
Park Department $ 37.50
Recreation Department 37.50
Police Department 37.50
Fire Department 37.50
#2 Fuel Oil Net Price $.1650 per gallon
Lawrence's Fuel Oil Service, Larchmont, New York
Servicing:
Park Department $ 40.00
Recreation Department 40.00
Police Department 40.00
Fire Department 40.00
#2 Fuel Oil Net Price $.1610 per gallon
Chatsworth Oil & Heating Co., Inc. , Larchmont, New York
Servicing:
Park Department $ 40.00
Recreation Department 40.00
Police Department 40.00
Fire Department 100.00
#2 Fuel Oil Net Price $.1575 per gallon
Councilman Vandernoot asked whether the provision of oil for
the heating year was guaranteed at the price submitted in
these bids?
Mr. Altieri replied that it was and thereupon Councilman
Faiola moved that the bids be referred to the Attorney and
Comptroller for study prior to any award since the location
of certain bidders might adversely affect fast servicing.
This motion was seconded by Councilman Nagel who then inquired
whether the speed of servicing could not be judged from the
past record, and Councilman Bloom asked whether the cleaning
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and servicing of the burners for the coming year had been
done under the present contract?
Mr. Altieri in reply to Councilman Faiola's point regarding
the location of the servicing agent stated that he felt this
was a prime factor to be considered in awarding this contract,
and in reply to Councilman Bloom stated that all of the burners
had been cleaned for the coming year under the present contract
which did not expire until October 31st, 1970, thus affording
plenty of time for a detailed study of the bids prior to award
of a new contract.
The Supervisor reminded the Board that there was a motion on
the floor, whereupon the following resolution was adopted by
unanimous vote:
RESOLVED, that this Board hereby refers the afore-
said bids for furnishing fuel oil and servicing oil
burners for the 1970-71 season to the Town Attorney
and Comptroller for study and recommendation of
award of contract at the next meeting of the Board
on September 2nd, 1970.
PUBLIC HEARING - Application for Special Permit
Bonnie Briar Country Club
On motion by Councilman Vandernoot, 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 read the report of
the Planning Board recommending approval of the application
which was thereupon duly declared received and filed as part
of the record of this hearing.
The Supervisor then inquired whether the Town Engineer or
Building Inspector had any comment or observation they wished
to make? Since they did not, she asked whether anyone present
wished to speak in favor of the application, and since no one
did, asked whether anyone wished to be heard in opposition,
whereupon the following persons addressed the Board:
Mr. Richard Segalini - 810 Weaver Street, Town
Mr. Segalini addressed the Board asking whether the matter
of the construction of the new tennis courts could be looked
at at this time? He explained that his reason for this question
was that he understood the enclosure had been completed without
the Club obtaining a permit and that the Club was now construct-
' ing the courts for which it had obtained a permit contrary to
the terms and conditions thereof; calling to attention the
changes made in the location of the gate, the height of the
fencing and the lack of screening as had been set forth in
Plan A and approved by this Board as part of the permit issued.
Therefore, he said, he felt discussion of the two matters to
be fitting and proper at this time.
The Supervisor agreed that Mr. Segalini's observation about
the enclosure was correct and asked Mr. Paonessa, the Building
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Inspector, how this had been brought to his attention? He
replied that he had learned of the enclosure as the result
of a complaint, noting that it had been completed before
the season began but had not been in use until the end of
June.
Mrs. Helwig then inquired about the tennis courts, whereupon
Mr. Widulski, the Town Engineer,stated that upon learning of
the Club's modification of the plans and specifications as
submitted, he had advised the Club that it must resubmit
its application showing the modifications, which, as of this
date, had not been done.
Mr. Segalini then emphasized the importance of these changes
to his property -- stating it was his understanding that the
original intent of the plan approved by this Board had been
to provide sight and sound protection for adjacent properties,
which certainly the changes made had completely negated.
He further pointed out that the Club had not only constructed
the tennis courts without any approval of the said modifications
or changes in the approved plan, but was also already using
these courts without any approval and without completion of
the provisions set forth in the permit, and he stated he there-
fore felt the rights which he had as a private citizen were
as important as those of the Club and should be given equal
consideration.
Councilman Bloom then reminded the Board that this hearing
had been called to deal with one particular matter -- the
enclosure -- and that now it was on quite another -- the
tennis courts; and he further pointed out that this community,
recognizing the need for open space,had tried to cooperate
with the Clubs hoping that the Clubs could remain rather
than having these properties become housing developments.
He further remarked that he was reasonably certain that
the management of Bonnie Briar was cognizant and knowledgeable
of the need for obtaining a special permit,and stressed that
if the Board were to approve the enclosure of the terrace,
the matter on which this hearing had been called, it would
not mean approval of the tennis courts.
Mr. Lee Whitestone - 797 Weaver Street, Town
Mr. Whitestone addressed the Board stating that while he had
no objection to the enclosure of the terrace nor to the courts
if built in conformance with the approved plan, he did object
to the Club 's action in proceeding in the first instance with-
out obtaining any permit and in the second in violation of
the permit obtained.
Mr. Segalini then stated that he would like to go on record
as objecting to the approval of this application in the belief
that some action should be taken against the Club and that he
was shocked to find that the Club did not abide by the laws
of the community. He further stated that no one had the right
to disregard the laws of any community, and that he was a new
member of the community who had moved here because of the
good police force, the good schools, the good fire department,
etc. , and that he had three children who were teenagers and
who he felt must abide by the law, but who he also felt upon
their observation of the Bonnie Briar Country Club's failure
to abide by the law, were entitled to ask why they or any
teenager should have to do so?
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The Supervisor asked the Attorney what penalties were
provided and was advised that the Ordinance provided that
violators were subject to a $50. per week fine and also to
up to six months ' imprisonment.
Councilman Bloom then stated that while he believed the enclos-
ure of the eating area was in the long run for the welfare of
the community, he did feel that the Board needed to take some
action to make sure that this violation did not happen again,
and Councilman Vandernoot stated that although he had no
objection to this application, he felt the Club must be
penalized for its failure to conform with the law.
Councilman Nagel asked whether the Board could postpone action
on this application, particularly in view of the absence of
any representative of the Club?
The Attorney replied that the Board could defer decision or
postpone action on any application for Special Permit before
it at any time.
Councilmen Vandernoot and Bloom then questioned whether
action if taken to approve this application at this time
would prejudice or preclude infliction of penalty for
violation were the Board to decide to impose the fine?
In reply, the Attorney stated that it might be possible to
impose the penalty and collect the fine if the Board chose
to do so following approval of the application, but that he
felt it would be a more logical procedure not to approve
the application as approval would at least to some extent
seem to condone the violation.
Councilman Nagel again observed that he felt the Club should
have a representative present and that the lack of same
evidenced to him a rather cavalier attitude on the part of
the Club.
Councilman Faiola then asked whether there wasn't a program
of inspection of construction in the Town, to which Mr. Paonessa
replied that there was but that in certain instances, as in this
one where the construction had been completely hidden from view,
it was sometimes missed until brought to his attention.
Councilman Nagel then moved that this matter be carried over
to the next meeting, which was not seconded and therefore
failed.
A brief discussion of the procedural aspect of construction
control in the Town followed during which Mr. Segalini called
to the Board's attention the existence of a period of an
apparent lack of control as illustrated by the applicant's
failure to apply for a permit until after completion of con-
struction (snack bar enclosure) and the modification of the
conditions of a permit and use of the facility prior to Town
approval of either the changes made or the use of the facility.
The Supervisor then asked whether anyone else wished to be
heard, and since not, Councilman Faiola moved that the hearing
be closed. The motion was seconded by Councilman Bloom and
the following resolution adopted by a majority vote of 4 "ayes"
to 1 "no", Councilman Nagel casting the "no" vote:
RESOLVED, that the public hearing be and it hereby
is declared closed.
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And thereupon Councilman Faiola moved that the application be
approved, which motion failed for lack of a second.
The Chair then inquired the Board's pleasure - whereupon Councilman
Bloom suggested that legal advice be obtained on the question of
the existing and continuing violation effected by the snack bar
terrace enclosure.
The Board unanimously agreed with this suggestion, and thereupon
on motion by Councilman Bloom, seconded by Councilman Vandernoot,
it was unanimously
RESOLVED, that the application of Bonnie Briar Country
Club for a Special Permit to enclose the terrace at
the rear of the snack bar be and it hereby is tabled un-
til the next regular meeting of this Board on September
2nd, 1970.
A lengthy discussion then ensued relating to the Attorney's
question of whether the Board wished to stop the use of the
snack bar enclosure pending his research and report, and use
of the courts pending conformance with the terms and provisions
of the permit and approval of use?
At this time Messrs. Segalini and Whitestone again addressed
the Board to strongly protest the Club's non-compliance with
the law and urged that action be taken by this Board to see
that justice was done.
Upon recognition Mr. Richard Coulter of 7 Wildwood Road, Town,
addressed the Board, stating that he was a part of the passive
residency of the community and had come tonight to see democracy
in action. He stated that he neither knew anyone concerned in
- the matters before the Board nor had any personal concern there-
with, but that he certainly felt from what he had heard and
observed this evening that the Club was guilty of violating the
laws of the Town and therefore he felt that the proper measures
should be taken to end non-compliance with the law.
Councilman Bloom then moved that a resolution be adopted author-
izing the Building Inspector, Town Attorney, and Engineer to
notify the Club that it was in violation of the permit issued
for construction of the courts which therefore could not be
used under penalty of fine until they fully complied with
the permit, and further that the snack bar enclosure also
constituted a violation subject to fine presently under
consideration by the Board.
The motion was seconded by Councilman Vandernoot and the follow-
ing resolution offered:
RESOLVED, that the Building Inspector, Town Attorney
and Engineer be and they hereby are authorized to
notify the Bonnie Briar Country Club that it is in
violation of the Zoning Ordinance of the Town of
Mamaroneck as it applies to Special Permits with
respect to the construction and use of the snack
bar terrace enclosure and new tennis courts.
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Upon roll call, the vote on the foregoing resolution was as
follows and the resolution therefore declared duly adopted
by majority vote:
Councilman Faiola voting no
Councilman Faiola stated as his reason for his negative vote
that he favored approval of the enclosure since it was already
built, had no adverse effect of any kind whatsoever, and con-
sequently its denial served no purpose; he further stated,
however, that he agreed that the non-conformance of the courts
should be rectified, additionally noting that he felt an in-
spection should have been made by the Town during the period
of construction.
Councilman Nagel voting no
Councilman Nagel stated that he felt the action taken was
unnecessarily harsh pointing out that the Club had not been
represented this evening and that he felt it would make the
necessary corrections upon notification of the violations.
He added that he felt prevention of the use of the facilities
was vindictive although he said it would seem that the Club
was taking a fairly cavalier attitude toward the Town as he
had stated earlier this evening.
Councilman Vandernoot voting aye
Councilman Bloom " "
Supervisor Helwig
OLD BUSINESS
1. Report - Prince Willows Sewer
The Clerk presented a progress report addressed to the Board
by the Town Engineer under date of August 5th, 1970, which
was ordered received and filed.
The Comptroller called to the Board's attention that the legal
notice of estoppel had expired on August 4th and thus, the
Bond Anticipation Note financing could be commenced. County
Trust Company was the purchaser of the $50,000. Bond Anticipation
Note at 4.35% for one year with a prepayment clause.
2. Authorization - Additional Work at Hommocks
The Supervisor called to the Board's attention its authorization
for advertising for bids for the grading of the Hommocks area
at the last meeting and stated that due to pressure of work,
the specifications had been delayed and the Engineer was sub-
mitting at this time a request for re-authorization including
some additional work.
The Clerk then presented the memorandum addressed to the Board
by the Town Engineer under date of August 4th, 1970, which was
herewith ordered received and filed and pursuant thereto, on
motion by Councilman Faiola, seconded by Councilman Nagel, it
was unanimously
RESOLVED, that in accordance with law, the Town Clerk be
and he hereby is authorized to publish in the official
newspaper of the Town of Mamaroneck, "The Daily Times",
a Notice for Bids, to be returnable September 2nd, 1970,
and opened and read aloud at a regular meeting of this
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Board at 8:15 p.m, on that date, for grading, seeding
and installation of sprinkler system at the Hommocks
Park, in accordance with the specifications set forth
in the Notice, provided that the said specifications
have been approved by the Town Attorney prior to the
publication of the aforesaid Notice for Bids.
NEW BUSINESS
1. Authorization - Collection of 1970 School Taxes
Pursuant to the Tax Receiver's request, on motion by
Councilman Bloom, seconded by Councilman Vandernoot, the
following resolution was adopted by unanimous vote of the
Board, all members being present and voting "aye":
RESOLVED, that the Town Board of the Town of
Mamaroneck, in accordance with Section 550a of the
Westchester County Tax Act, being Article 16 of the
Westchester County Administrative Code as amended by
Chapter 386 of the Laws of 1962, does hereby auth-
orize the Receiver of Taxes of the Town of Mamaro-
neck to accept from any taxpayer two partial payments
in equal installments for or on account of school ,
taxes and apply such payments on account thereof,
and that he shall accept payment of said school
taxes in full at the discretion of the taxpayer, or
as stated in two partial payments, with the first
installment being due and payable in the month of
September and the second being due and payable in
the month of January following, provided that no
installment may be paid unless the first installment
of current school taxes, including interest and
penalty, shall have been paid or is paid at the
--- same time. If the second partial payment is re-
ceived during the month of January, no interest or
penalty shall be charged against the second partial
payment;
and be it further
RESOLVED, that as provided in said statute, unless
the first partial payment is received during the
month of September and the second partial payment
is received during the month of January, the penalty
provided for payment of school taxes as set forth
in Section 542 shall be applicable as follows:
First Installment
September No penalty
October 2%
November 5%
December & January 7%
February & March 10%
April & thereafter
up to date of sale 12%
Second Installment
February & March 10%
April to date of sale 12%
and be it further
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RESOLVED, that the first installment shall be due
and payable and become a lien on the taxable property
of the school district on September 1, 1970, and the
second installment on January 1, 1971;
and be it further
RESOLVED, that the Town Clerk, the Comptroller, the
Receiver of Taxes, and the Assessor shall prepare a
suitable form of tax receipt, to be presented at
the expense of the Town;
and be it further
RESOLVED, that pursuant to Section 551 of Chapter 386
of the Laws of 1962, a statement concerning the tax
information be printed, and the Receiver of Taxes shall
mail with each receipt for taxes a printed copy of such
statement;
and be it further
RESOLVED, that the schedule of penalties be as follows:
Penalty Schedule
1st Half 2nd Half
September No penalty --
October 2% --
November 5% --
December & January 7% --
February & March 10% 10%
April to date of sale 12% 12%
and be it further
RESOLVED, that this resolution shall take effect
immediately.
2. Authorization - 1970 Polling Places
Pursuant to the Clerk's recommendation herewith presented and
ordered received and filed as part of the record of this meet-
ing, on motion by Councilman Nagel, seconded by Councilman
Vandernoot, it was unanimously
RESOLVED, that in accordance with the provisions of
Section 66 of the Election Law, being Chapter 17 of
the Consolidated Laws of the State of New York as
amended, the Town Board of the Town of Mamaroneck
hereby designates a place for each Election District
in the Town, at which a meeting for the registration
of voters, election, and primaries shall be held in
the year following the ensuing first (1st) day of
October as follows:
District No. 1
Mamaroneck Avenue School, Mamaroneck Avenue,
Mamaroneck, New York
District No, 2
Volunteer Firehouse, Mamaroneck Avenue,
Mamaroneck, New York
District No, 3
Mamaro Firehouse, Palmer Avenue,
Mamaroneck, New York
District No, 4
Central School Annex, Boston Post Road,
Mamaroneck, New York
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District No. 5
Westchester Joint Water Works Office,
1625 Mamaroneck Avenue, Mamaroneck, New York
District No. 6
Chatsworth Avenue School, Forest Avenue,
Larchmont, New York
District No. 7
Chatsworth Avenue School, Forest Avenue,
Larchmont, New York
District No. 8
St. Augustine's School Gymnasium,
Larchmont, New York
District No. 9
Chatsworth Avenue School, Forest Park Avenue,
Larchmont, New York
District No. 10
Francis Coffin Mun. Bldg. (Sts. John'sEpisc. Church) ,
Grove Avenue, Larchmont, New York
District No. 11
Chatsworth Garden Apartments, 14 North Chatsworth Avenue,
Larchmont, New York
District No. 12
Murray Avenue School, Daymon Terrace,
Larchmont, New York
District No. 13
Murray Avenue School, Daymon Terrace,
-- Larchmont, New York
District No. 14
Central School, Palmer Avenue,
Larchmont, New York
District No. 15
School of Sts. John and Paul, Weaver Street,
Larchmont, New York
District No. 16
Mamaroneck High School, House B,
Boston Post Road, Mamaroneck, New York
District No. 17
Central School Annex, Boston Post Road,
Mamaroneck, New York
District No. 18
Hampshire House, 3 Washington Square,
Larchmont, New York
- District No. 19
Weaver Street Firehouse, Weaver Street,
Larchmont, New York
District No. 20
School of Sts. John and Paul, Weaver Street,
Larchmont, New York
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District No, 21
Murray Avenue School, Daymon Terrace,
Larchmont, New York
District No. 22
Palmer Apartments, Palmer Court,
Mamaroneck, New York
District No. 23
Mamaroneck High School, House B,
Boston Post Road, Mamaroneck, New York
District No. 24
Mamaroneck Avenue School, Mamaroneck Avenue,
Mamaroneck, New York
District No. 25
Montessori School, Lorenzen Street and
Boston Post Road, Larchmont, New York
3. Authorization - Easements, Doherty Subdivision
Pursuant to memorandum addressed to the Board by the Town Engineer
under date of August 5th, 1970, and certified copy of the reso-
lution adopted by the Planning Board on May 13th, 1970, herewith
presented and filed for the record, on motion by Councilman
Faiola, seconded by Councilman Nagel, it was unanimously
RESOLVED, that the Supervisor be and she hereby is
authorized to execute on behalf of the Town of Mamaro-
neck the easements granted to the Town of Mamaroneck
by Sidney Doherty in connection with subdivision plat
approved by the Planning Board and located on Dillon
Road, on property known as Block 504, Parcel 353, on
the Tax Assessment Map of the Town of Mamaroneck.
4. Authorization - Emergency Overtime
Police Department
Pursuant to memorandum of the Comptroller under date of
August 4th, 1970, herewith presented and ordered received
and filed for the record, on motion by Councilman Vandernoot,
seconded by Councilman Bloom, 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 May lst, through June 30th, 1970.
Name Hours Min.
Lt. Staropoli 16
Sgt. Bakker 20
Sgt. Federice 31 30
Sgt. Loveley 18
Sgt. McClintock 22 30
Sgt. Silvestri 10
Det. Mahoney 15
" Mulcahy 14
" Paonessa 24
Ptl. Agnessanto 14 30
" Ambrosovitch 26 30
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Name Hours Min.
Ptl. Adamo 12
" Anderson 17
" Barasch 42 30
" Baumblatt 14
" Costello 14 30
" Coy 1
" Catapano 6 30
Diamond 14
" De Vico 12 30
" Fuller 33
" Gerace 15 30
" Gerardi 25
" Giacomo 9
" Garrison 25 30
" Greenstein 22 30
" Hutcheon 30
" Le Viness 19 30
" Lifrieri 23
" Mosiello 11 30
" O'Rorke 17
" Perritano 23 30
" Vitro 25 30
" Winkler 9 30
" Witkowski 10
Total 621 30
5. Authorization - Emergency Overtime
Fire Department
Pursuant to memorandum of the Comptroller under date of
July 30th, 1970, herewith presented and ordered received
and filed for the record, on motion by Councilman Faiola,
seconded by Councilman Vandernoot, it was unanimously
RESOLVED, that as approved by the Fire Chief, this
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 July 30th, 1970:
Name Hours
Lt. N. Soriano 1%-
Fireman C. Mirande 18-1
" J. Garofalo 42
F. Felice 12
" S. Garofalo 28
" N. Wilson 22
K. Valle 14
" H. Newman 10
IT R. Baron 40
Total 120k
6. Authorization - Additional Time
for Court Clerks
Pursuant to memorandum of the Comptroller under date of
August 4th, 1970, herewith presented and ordered received
and filed for the record, on motion by Councilman Nagel,
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seconded by Councilman Bloom, it was unanimously
RESOLVED, that as recommended by the Town Justices,
this Board hereby authorizes reimbursement to
Mrs. Lois Rissler and Mrs. Carmen Sands, Court
Clerks, for additional hours worked for the period
from August 13th through December 31st, 1970, in
the amounts of $800. and $700. respectively.
7. Authorization —Expenses Detective Mahoney
Plattsburg Conference
Pursuant to memorandum of the Police Commission, dated
July 8th, 1970, herewith presented and ordered received and
filed for the record, on motion by Councilman Nagel, seconded
by Councilman Vandernoot, it was unanimously
RESOLVED, that as approved by the Board of Police
Commissioners, this Board hereby authorizes the
attendance of Detective Thomas Mahoney, Youth
Officer, at the State University College at
Plattsburgh, New York, from August 9th through
August 14th, 1970, with expenses not to exceed
the sum of $100.
8. Authorization - Equipment Rental
Highway Repaving Program
Pursuant to memorandum of the Highway Superintendent under
date of August 4th, 1970, herewith presented and ordered
received and filed, on motion by Councilman Faiola, seconded
by Councilman Nagel, it was unanimously
RESOLVED, that the Superintendent of Highways be
and he hereby is authorized to rent the following
equipment from Peckham Materials Corporation for the
repaving program of Myrtle Boulevard and Maple Hill
Drive, subject to the approval of the County Super-
intendent of Highways:
1 Blaw-knox Model PF 90, Series 3 Express Gas,
Bituminous Paver, Self Propelled with Operator,
Oiler and Screedman at $49.52 per hour,
1 Buffalo-Springfield, Model KT 25 C4, Steel
Wheeled Tandem Roller, Gas Engine, 10-14 Tons,
with Operator at $19.17 per hour.
1 Galion, Model TH 8-12G, Steel Wheeled, Tandem
Roller, Gas Engine, 10-14 Tons, with Operator
at $19.17 per hour.
1 Littleford, Bituminous Asphalt Heating
Distributor, Portable Type, 185 Gallon
Capacity (Without Truck) at $2.67 per hour.
1 Ford, Model F-250, Pickup, Gas Engine, with
Miscellaneous Small Tools, Traffic Cones,
Rakes, etc. , Two Wheel Drive, 300 CU. IN. ,
with Operator at $13,03 per hour.
1 Mack, Model V609T, Truck Tractor, 672 CU. IN. ,
Four Wheel Drive, Diesel Engine with Rogers
Model THPS 350 SF, Gooseneck Trailer, 35 Ton
Capacity, with Operator at $26.56 per hour.
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9. Authorization - Additional Summer Recreation Salaries
Pursuant to memorandum of the Superintendent of Recreation
under date of August 5th, 1970, herewith presented and ordered
received and filed, on motion by Councilman Bloom, seconded
by Councilman Vandernoot, it was unanimously
RESOLVED, that as recommended by the Recreation
Commission, this Board hereby authorizes that
Fred Dolan and John Perri be engaged as Recreation
Attendants, effective July 12th, 1970, and each
to be compensated at the rate of $1.85 per hour,
COMMUNICATIONS
1. Letter, Alan Weeden - Pesticides
The Supervisor stated that since each member of the Board had
been furnished with a copy of this letter, she did not feel
it was necessary for the Clerk to read it in full and accord-
ingly she summarized it briefly, explaining that the letter
dealt with the use of pesticides and that, following the
Committee's research thereon, it submitted the following
recommendations for their use for the Board's consideration:
1. That mosquito abatement programs be limited to
physical or biological controls;
2. That adult spraying being wasteful and harmful
should not be undertaken;
3. That necessary chemical controls be restricted to
larviciding;
4. That spraying of trees and bushes should be done
only in the instances of disease or pest invasion
and then only with the use of non-persistent
chemicals;
5. That the promulgation of ordinances to control
private use of pesticides seemed unnecessary at
this time pending results of the State's pro-
posed code to restrict their use as of October
1st, 1970,
Councilman Bloom remarked that he felt the Committee's last
recommendation was not so much that local ordinances were
not necessary as it was that it would be wiser to wait and
see what the State did.
2. Letter, Alan Weeden - Appointment of Students
to Conservation Advisory Committee
The- Supervisor again stated that all members of the Board had
had copies of this letter which recommended that one Mamaro-
neck Junior and one Senior High School student be appointed
- to the Conservation Advisory Committee, and inquired the
Board's pleasure thereon,
Councilman Bloom stated that he would certainly favor this
as he thoroughly approved the recognition of students who
had contributed so much and were such a vital and important
part of the environmental programs.
Councilman Faiola stated that he was also in favor of such
appointments with one reservation, that being the question
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of giving voting privileges to persons under 18, who, as members
of this Committee, would vote on budget expenditures recommended
by the Committee.
Councilmen Nagel and Vandernoot both stated that they felt the
Board must go all the way, with Councilman Nagel adding that
the CAP Board had had the same problem which it had handled
very well, and that the students who might be appointed be
permitted to decide who their representatives were to be on
a floating basis.
Councilman Bloom then said that he believed this recommendation
was for the appointment of two particular persons who would
serve for the term of one school year and that this would
encourage more to register and thus increase student support
of the environmental programs.
The Supervisor then stated that she felt it would be wise
to expand the constituency of the present Committee so as
to have representatives from the various schools and Council-
man Bloom then recounted to the Board that a Mr. Herbert
Golden had come to an environmental meeting saying that he
would like to be a member and sit in on the meetings, adding
that he had disposed of his business and had decided to
devote himself to Conservation. In view of Mr. Golden's
offer, he then suggested that some consideration be given to
expanding this Committee so that the Town would be able to
avail itself of the services of such persons in this all
important area.
And thereupon with reference to the recommendation for the
appointment of students, on his motion, seconded by Council-
man Nagel, the following resolution was offered:
RESOLVED, that the Conservation Advisory Committee be
enlarged from five to seven members so as to include
two students, one from the Mamaroneck Junior High
School and one from the Senior High School, to serve
for a term of office of one year to run in accordance
with the school calendar year and to start in Sep
tember 1970.
Uposf roll call, the vote on the aforesaid resolution was
as follows:
Councilman Nagel voting aye
Councilman Vandernoot "
Councilman Bloom
Supervisor Helwig
Councilman Faiola " no
Councilman Faiola stated that he was opposed only because
he did not feel that a student or minor should vote on ex-
penditure of public funds.
The resolution was therefore duly declared adopted by a
majority vote of 4 ayes to 1 no.
Mr. Richard Coulter
Mr. Coulter, upon recognition, again addressed the Board
to inquire whether his interpretation was correct that the
Conservation Advisory Committee was only advisory and there-
fore unable to expend funds but able only to recommend
expenditures to this Board, which he was assured was correct.
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3. Letter re Zoning Violation
12 Echo Lane, Town
The Clerk presented a letter addressed to the Board on
August 4th, 1970, by Janet S. Weart, Spencer A. Weart,
William F. McGahan, and Bruce Meighan, all being residents
of Echo Lane, stating that all of the thirteen persons who
had signed the letter addressed to the Police Department
under date of July 6th in the matter of the commercial
enterprise at 12 Echo Lane,would appreciate the Board
taking whatever legal action was necessary to cause the
violation to cease.
The Supervisor then called on the Building Inspector, who
called to the Board's attention the legal notice of violation
addressed by his office on July 13th to Mrs. Eunice Wellington,
owner of the premises at 12 Echo Lane, along with reply of
July 23rd from her attorney, Peter D. Mosher, which advised
there was no violation. Further, he referred to his letter to
Mr. Mosher, dated July 30th, stating that, following his
telephone conversation with Mr. Mosher on the 28th, and
upon advice by her attorney that Mrs. Wellington did not
intend to comply with the law and cease the violation, the
matter would be referred to the Town Board at its next meeting
on August 5th. The violation was substantiated, he added, by
the Detective Bureau reports made pursuant to his request through-
out the week of July 20th and herewith appended along with copies
of the ads carried in the local newspaper, all of which was
herewith ordered received and filed for the record.
Councilman Bloom suggested that the Town Attorney be delegated
to get in touch with Mr. Mosher to see if the situation could
be taken care of amicably, and thereupon on his motion, seconded
by Councilman Nagel, it was unanimously
RESOLVED, that the Town Attorney be and he hereby
is directed to communicate with Mr. Mosher, and
explore the possibility of amicably disposing of
the differences between the Town and Mr. Mosher's
client, Mrs, Eunice Wellington, owner of the
premises in violation located at 12 Echo Lane,
Town of Mamaroneck.
REPORTS
The Town Clerk --
The Clerk presented the following reports which were ordered
received and filed.
Report of the Receiver of Taxes and Assessments
for the month of July 1970.
Report of the Building and Plumbing Inspector for
the month of July 1970.
Reports of the Town Clerk for the months of June
and July 1970.
Report of the Westchester Shore Humane Society
for the month of July 1970.
Report of the Municipal Dog Patrol for the
month of July 1970.
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The Supervisor --
1. Report - Office for Local Government Conference
The Supervisor reported that Mr. Altieri, Mr. Aitchison and
she had attended the all-day Conference held this year in
Fishkill, New York on July 24th, and had been apprised that:
1) under the new formula for revenue sharing, the Town would
receive $87,000. additional funds for 1971 of which three-
quarters would be paid in 1971 due to the State fiscal year;
2) that Codes of Ethics were to serve as guidelines for
municipalities with the emphasis on protection of officials
and employees from unwarranted criticism; 3) that there was
new additional legislation for property-exemption for the
65 and over applicable to tax rolls after 1971; granting
more powers to municipalities for municipal cooperation,
property exemption, Highway tool expenditure of over
$500. , environmental area programs and assessment improve-
ment programs.
2. Report - Meeting called by Governor on Drugs
Mrs. Helwig also reported briefly on a special meeting on
drugs on the 31st called by telegram by Governor Rockefeller
which had treated on enforcement, treatment and facilities
for addicts, and education, with stress on the need for
additional funds in communities.
It had been an interesting and instructional session, she
concluded, and had been attended by Dr. Emerson, Mr. Dixon,
Trustee Forrest and Chief Keresy representing the Narcotics
Guidance Council which Councils were well recommended as
outlined in the Model Community Program which would be of
interest to Mr. Vandernoot, Liaison to that Council.
3. Request for Legislation to Prohibit
Leaf Blowing into Streets
The Supervisor commented that this request was of particular
interest to the Highway Superintendent since the Police and
Highway Superintendent had found the practice of using leaf-
blowers and deliberately blowing leaves out in the street
very general. She recommended that such legislation be done
so as to modify the present Ordinance and that it should
also apply to grass cuttings.
Councilman Nagel inquired whether the Board was suggesting
what should be done with the leaves -- whereupon it was
stated that the present regulations (piling between sidewalk
and street) should be continued.
Mr. Richard Coulter --
Mr. Coulter, upon recognition, stated that there seemed to
be a lack of communication as there were no streets in the
Town that did not have leaves on them and that their collection
- by the Town, it would seem to him, reinforced the violation.
Councilman Bloom observed that large numbers of leaves were
blown into the street or toppled over into the streets from
huge piles on the curbing and suggested that modifications
to the present Ordinance be considered.
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163
The Attorney inquired just what the Board had in mind and just
how far it wanted to go in such modifications and Mr. Segalini,
upon recognition, suggested that residents be required to put
the leaves in plastic bags -- which opened up a considerable
discussion with Mr. Bloom pointing out how difficult this would
be in view of the quantity of leaves and the Supervisor observ-
ing that nevertheless some municipalities did demand that
leaves be bagged.
The Attorney referred to the safety factor involved caused by
the leaves in the streets and the discussion concluded with
Councilman Faiola moving that the matter be referred to the
Attorney for study. The motion was seconded by Councilman
Bloom and it was thereupon unanimously so resolved.
The Councilmen --
Mr. Faiola -
1. Report "911"
Mr. Faiola stated that he had conferred with the Police Chief
and Fire Chief regarding the possibility of using the "911"
emergency number in the Town as was proposed by the Village
of Mamaroneck and reported that it was not felt to be feasible
because of the many exchanges in the Town in contrast with the
single exchange in the Village.
He suggested therefore that the Board address a letter to
Trustee Daniel Natchez thanking him for his invitation
to discuss the proposal and extending its best wishes for all
success to the Village and assurance of any cooperation neces-
sary to the implementation of the use of the emergency number,
which, accordingly, was therewith so ordered.
Not on Agenda
2. Larchmont Gardens Lake
In reply to Councilman Faiola's inquiry as to the present
status of the Lake, the Supervisor stated that the specifica-
tions had been modified with bids thereon due to be opened
at the meeting of the Park Commission next Tuesday evening
and that it was hoped a favorable bid would be received at
that time.
Councilman Faiola then recommended that if the bids were
again unfavorable, the Lake be filled immediately, strongly
urging that the Commission be asked to comply with this
suggestion.
Councilman Bloom suggested that the Commission be advised
that funds could be diverted to the Park District from the
General Town and urged that this be done if necessary so
that the work could be done now.
Mrs. Helwig called to attention that the Commission's
basic concern had been to save public funds and Mr. Bloom
observed that the delay in the operation may have created an
impression of mismanagement which should be corrected if
continued.
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Mr. Bloom --
1. Report - Organization Meeting
Board of Ethics
Councilman Bloom reported that the Board of Ethics as appointed
by this Board at the July 8th meeting, had held its organizational
meeting on July 10th and elected R. Stuart Armstrong, Chairman,
and Mrs. Ashley, Secretary, to serve until December 31st, 1971.
Not on Agenda
2. Task Force on Environmental Quality
Councilman Bloom announced that there would be a meeting of the
Task Force on Environmental Quality tomorrow evening at the home
of Mr. Alan Weeden, to consider recommendations for the appoint-
ment of additional persons to the Force.
The Town Attorney --
1. Fixing of Date for Public Hearing
on Local Law No. 4-1970
Pursuant to the Attorney's request that a date be fixed for a
public hearing on Local Law No. 4 of 1970 establishing a police
investigatory fund for special investigations by Town Police, on
motion by Councilman Bloom, seconded by Councilman Nagel, it was
unanimously
RESOLVED, that this Board will hold a public hearing to
consider the adoption of Local Law No. 4 of the Town of
Mamaroneck for the year 1970, at a regular meeting of
- the Board, Wednesday evening, October 7th, 1970, at
8:15 p.m. , in the Council Room or Auditorium of the
Weaver Street Firehouse, Weaver Street, Town of Mamaro-
neck;
and be it further
RESOLVED, that the Clerk be and he hereby is authorized
to publish in the official newspaper of the Town of
Mamaroneck, "The Daily Times", Notice of such hearing
as required by law.
ADJOURNMENT
There being no further business to come before the meeting, on
motion duly made and seconded, it was declared adjourned at
10:15 p.m. , to reconvene on September 2nd, 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
Commissioner Faiola presented for approval and authorization of
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payment the Fire Department claims, and thereupon on his motion,
which was seconded by Commissioner Vandernoot, it was unanimously
RESOLVED, that the following Fire Department claims as
audited by the Comptroller and approved by the Fire Chief
are hereby approved, and the Supervisor and Comptroller
hereby authorized to pay the same out of the Fire Depart-
ment budget for 1970:
Agway, Inc. $ 20.53
Atlantic Service Center 275.00
R. G. Brewer, Inc. 9.00
Frank Claps 423.00
Con Edison 102.95
Con Edison 5.00
Dri-Chem Extinguisher Co. 546.65
Elgene Chemicals, Inc. 87.00
Excelsior Auto Repair &
Machine Works 54.80
General Electric Co. 872.00
McGuire Bros. , Inc 9.40
Mobil Oil Corp. 64.01
New Rochelle Water Co. 71.25
Sound Tire & Supply Co. , Inc. 90.64
Village of Mamaroneck 33.08
Westchester Joint Water Works 3,060.00
Whiffen Electric Co. , Inc. 202.14
Total. . . . . . . . . . . . $ 5,926.45
2. Reports
Commissioner Faiola presented the Fire Report for the month of
July 1970, which was ordered received and filed for the record.
3. Adjournment
There being no further business to come before the meeting, on
motion duly made and seconded, it was declared adjourned at
10:20 p.m. , to reconvene on September 2nd, 1970.
61J./e'2��
Town k
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