Loading...
HomeMy WebLinkAbout1969_08_06 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD AUGUST 6th, 1969, 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 Chalif Councilman Faiola Councilman Nagel Councilman Vandernoot Absent: None Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Deputy Clerk - Mr. Aitchison - Supt. of Highways Mr. Altieri - Comptroller Mr. Paonessa - Building Inspector Mr. Widulski - Town Engineer APPROVAL OF MINUTES The minutes of the regular meetings of June 4th and July 2d and the special meetings of June 17th and July 17th, 1969, were presented, and on motion duly made and seconded, approved as submitted. PUBLIC HEARINGS -- Applications for Special Permits 1. Bonnie Briar Holding Corp. On motion by Councilman Faiola, seconded by Council- man Nagel, it was unanimously RESOLVED, that the hearing be and it -- hereby is declared open. The Clerk presented for the record, the Affidavit of Publication of the Notice of Hearing together with copies of the said Notice forwarded to the City of New Rochelle and Village of Scarsdale as required by law. The report of the Planning Board as adopted at its -1- meeting of June 11th incorporating on the revised plan submitted therewith those provisions of Section 432 of the Zoning Ordinance which would permit the ap- propriate development and use of land without being objectional to nearby properties was presented and herewith ordered received and filed as part of the record of this hearing. The Supervisor then invited any one who wished to speak to address the Board, stating that first those in favor of the application would be heard, then those in opposition. The following persons were then heard: In favor: Mr. Anthony Zook, President of the Club Mr. Zook stated that the Club had done every- thing it could and had agreed to comply with all provisions and conditions recommended by the Town Engineer and Planning Board as incorporated on the revised plans herewith submitted. At this time, the Chair recognized Mr. Lee Bloom, member of the Planning Board, and inquired whether he cared to make any comment. Mr. Bloom stated only that the report as presented this evening was felt by all members of the Planning Board to offer the best solution to all parties con- cerned. In oppostion: No one spoke. whereupon since upon the Supervisor ' s inquiry, no member of the Board had any further question or com- ment, on motion by Councilman Faiola, seconded by Councilman Chalif, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. The Supervisor then asked the Board ' s pleasure, whereupon the following resolution was adopted by unanimous vote of the Board, all members being present and voting aye, on the motion offered by Councilman Faiola and seconded by Councilman Chalif: WHEREAS, Bonnie Briar Holding Corporation has submitted an application for an extension of its existing special use in a Residential Dis- trict (R-30 Zone) so as to allow the installation of four (4) tennis courts and demolition of greenhouse and southerly wing of tool house on a parcel of land located in a residential dis- trict as shown on the revised plan filed with -2- the application, on premises located on Weaver Street and known as Block 225, Parcel 1 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, to be granted pursuant to Sections 410, 432, and 449 of the Zoning Ordinance insofar as the proposed installation 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, which, as received, recommends that the application be granted subject to the provisions set forth therein; and WHEREAS, a public hearing was duly called before this Board for this meeting pursuant to Section 432 of the Zoning Ordinance; and WHEREAS, the Board has examined the plans and finds that the conditions and standards re- quired by subdivisions 432. 1, 432. 2, 432. 3, and 432. 4 of the Zoning Ordinance have been met; NOW, THEREFORE, BE IT RESOLVED, that the application of Bonnie Briar Holding Corporation is hereby granted and the Building Inspector authorized to issue a special permit for the installation of four tennis courts as shown on the revised plan filed with him, provided that said installation con- forms with the following conditions as recom- mended by the Planning Board and in all other respects with the Building Code and Zoning Ordinance of the Town of Mamaroneck: 1. That there be no lighting or sound systems for operation of these courts. 2. That the existing bathhouse and pagoda be removed. 3. That the existing swimming pool be filled-in. -3- 4. That the existing shed to remain be remodeled as a Pro Shop. 5. That the elevations of the courts, perimeter fencing and plantings be installed as noted on the revised approved plan. 6. That the hours of operation of the courts coincide with the hours of the - operation of the Town Courts as set forth by the Town Recreation Com- mission, with extension thereof to an hour not later than 9 p. m. The Clerk was directed to forward certified copies of the foregoing resolution to the applicant and Building Inspector. 2. Winged Foot Holding Corporation On motion by Councilman Faiola, seconded by Council- man Chalif it was unanimously RESOLVED, that the hearing be and it hereby is declared open. The Clerk presented for the record, the Affidavit of Publication of the Notice of Hearing. The report of the Planning Board as adopted at its meeting of July 9th recommending that the permit be granted was presented and herewith ordered received and filed as part of the record of this hearing. The Supervisor then invited any one who wished to speak to address the Board, stating that first those in favor of the application would be heard, then those in opposition. The following persons were then heard: In favor: Mr. Forest Davis, Manager of Winged Foot Mr. Davis stated that this was just a winter activity and that there had been no opposition by any of the adjacent property owners all of whom had been contacted. In opposition: No one spoke. Whereupon, on motion by Councilman Chalif, seconded by Councilman Faiola, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. -4- The Supervisor then inquired the Board ' s pleasure and thereupon the following resolution was adopted by unanimous vote of the Board, all members being present and voting aye, on the motion offered by Councilman Faiola and seconded by Councilman Chalif: WHEREAS, Winged Foot Holding Corporation has submitted an application for an extension of its existing special use in a Residential District (R-30 Zone) so as to allow the in- stallation of two (2) paddle tennis courts on a parcel of land located in a residential district as shown on the plan filed with the application, on premises located on Fenimore Road and known as Block 347 , Parcel 1 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, to be granted pursuant to Sections 410, 432 and 449 of the Zoning Ordinance insofar as the proposed installation is an extension or ad- dition 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, which, as re- ceived, recommends that the application be granted subject to conformance with the plan filed with said application; and WHEREAS, a public hearing was duly called before this Board for this meeting pursuant to Section 432 of the Zoning Ordinance; and WHEREAS, the Board has examined the plans and finds that the conditions and standards required by subdivisions 432. 1, 432. 2, 432. 3 and 432.4 of the Zoning Ordinance have been met; NOW, THEREFORE, BE IT --- RESOLVED, that the application of Winged Foot Holding Corporation is hereby granted and the Building Inspector authorized to issue a special permit for the installation of two paddle tennis -5- �r courts as shown on the plan filed with him, provided that said installation conforms with the plan accompanying said application and in all other respects with the Building Code and Zoning Ordinance of the Town of Mamaroneck. The Clerk was directed to forward certified copies of the foregoing resolution to the applicant and Building Inspector. 3. Ray ' s Car Wash Inc. On motion by Councilman Faiola, seconded by Councilman Chalif, it was unanimously RESOLVED, that the hearing be and it hereby is declared open. The Clerk presented for the record, the Affidavit of Publication of the Notice of Hearing together with copy: of the said Notice forwarded to the City of New Rochelle. The report of the Planning Board as adopted at its meeting of July 9th recommending that the permit be granted was presented and herewith ordered received and filed as part of the record of this hearing. Councilman Chalif, being mindful of the drought of two or three years ago, questioned the matter of water - supply. In reply Mr. Polumbo, the applicant and President of Ray ' s Car Wash, advised that a water re-circulation plant was to be installed, which while a considerable expense, automatically solved any water supply question forever. The Supervisor then stated that those in favor of the application would be heard -- then those in opposition, and thereupon the following persons addressed the Board. In favor: Mr. Polumbo spoke to the application, pointing out that the present equipment was antiquated and that there was need for additional space and assurred the Board that the property would be made to look as presentable as possible with black-topping of the area and improvment of the driveway-edge and curb areas. Councilman Faiola then asked whether some arrangements could be made for night-time parking accommodations for neighbors and was assurred by Mr. Polumbo that he would be interested in entertaining this suggestion. -6- Mrs. Mary Telesco - 3 Dillon Road, Town of Mamaroneck Mrs. Telesco stated that she was in favor of this ap- plication being granted because it would improve the area on the Post Road. In opposition: No one spoke. --- Whereupon, on motion by Councilman Chalif, seconded by Councilman Faiola, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. The Supervisor then inquired the Board ' s pleasure and thereupon the following resolution was adopted by unan- imous vote of the Board, all members being present and voting aye, on the motion offered by Councilman Nagel, and seconded by Councilman Chalif: WHEREAS , Ray ' s Car Wash, Inc. has submitted an application for an extension of its existing special use to allow the construction of a one- story addition to the rear of the present building on a parcel of land located in a residential district as shown on the plan filed with the application, on premises located on the north- west corner of Boston Post Road and Van Guilder Street and known as Block 503, Parcel 326 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, to be granted pursuant to Sections 410, 432, and 449 of the Zoning Ordinance insofar as the pro- posed addition 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 applica- tion this Board has referred to the Planning Board for report, which, as received recommends that the application be granted subject to con- -- formance with the plan filed with said application; and WHEREAS, a public hearing was duly called before this Board for this meeting pursuant to Section 432 of the Zoning Ordinance; and -7- ... ........... WHEREAS, the Board has examined the plans and finds that the conditions and standards re- quired by subdivisions 432. 1, 432. 2, 432. 3 and 432. 4 of the Zoning Ordinance have been met; NOW, THEREFORE, BE IT RESOLVED, that the application of Ray' s Car Wash, Inc. is hereby granted and the Building -- Inspector authorized to issue a special permit for the construction of an addition to the rear of the existing building as shown on the plan filed with him, provided that said addition conforms with the plan accompanying said appli- cation and in all other respects with the Building Code and Zoning Ordinance of the Town of Mamaroneck. The Clerk was directed to forward certified copies of the foregoing resolution to the applicant and Building Inspector. OLD BUSINESS 1. Report on Bids - Playing Field at Hommocks The Clerk presented the report of the Town Engineer, the Attorney. and Comptroller recommending award of the bid to the low bidder, whereupon on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unan- imously RESOLVED, that the bid for the construction of the Playing Fields at Hommocks be awarded to the low bidder, to wit, Michael J. Rossi Contracting Corporation of Mount Vernon in the amount of $14,800. 00 ; and be it further RESOLVED, that the Clerk be and he hereby is authorized and directed to return the bid checks or bonds to all except the successful bidder. a. Memo - Maintenance Costs, Engineer A memo of the Town Engineer, entitled "Projected Main- tenance of Hommocks Park" was herewith presented and ordered received and filed for the record inasmuch as copies thereof had been furnished to each member of the Board. In connection therewith, Councilman Faiola asked whether this area would include a picnic area for use when the school was not using it. -8- The Supervisor replied that it would but reminded Councilman Faiola and the members of the Board that the appropriation for the proposed shelter had not been included in this year ' s budget at the wish of the Board at the time it was preparing the 1969 bud- get. 2. Recommendation, Consultant Fee - Ford Winter Pursuant to memorandum of James W. Kronenberger, Super- intendant for the Commission dated August 6th, 1969, herewith presented and ordered received and filed for the record, on motion by Councilman Nagel, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes pay- ment of the sum of $2, 500. 00 to Ford Winter, Pool Director, for services set forth on said claim filed with the foregoing memorandum. NEW BUSINESS 1. Authorization - Collection of 1969 School Taxes Pursuant to the Tax Receiver ' s request, on motion by Councilman Chalif, seconded by Councilman Nagel, 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 authorize the Receiver of Taxes of the Town of Mamaroneck to accept from any taxpayer two partial payments in equal in- stallments 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, pro- vided that no installment may be paid unless the first installment of current shcool taxes, including interest and penalty, shall have been paid or is paid at the same time. If the second partial payment is received during the month of January, no interest or penalty shall be charged against the second partial payment; and be it further -9- ...................... 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 RESOLVED, that the first installment shall be due and payable and become a lien on the tax- able property of the school district on September 1, 1969, and the second installment on January 1, 1970; 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 2d Half September No penalty ------- October 2% ------- November 5% ------- December & January 7% ------- February & March 10% 10% April to date of sale 12% 12% -10- and be it further RESOLVED, that this resolution shall take effect immediately. 2. Authorization - Polling Places - 1969 Pursuant to the Clerk ' s recommendation herewith pre- sented and ordered received and filed as part of the record of this meeting, on motion by Councilman Faiola, seconded by Councilman Chalif, it was unan- imously 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 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 -11- District No. 10 Francis Coffin Mun. Bldg. (Sts. John ' s Episc. Church) , Grove Avenue, Larchmont, N. Y. 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 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 -12- .--___...................... District No. 25 Montessori School, Lorenzen Street & Boston Post Road, Larchmont, New York 3. Application for Special Permit County Automotive Co. , Inc. 194 Boston Post Road, Town The Clerk presented the application of County Auto- motive Co. , Inc. for a Special Permit to allow the addition of 2656 square feet at the rear of and as part of the present building, which was herewith ordered received and filed for the record, together with memorandum of the Building Inspector dated July 30th, 1969. The Supervisor explained that in accordance with Section 432 of the Zoning Ordinance, said applica- tion must be referred to the Planning Board for rec- ommendation prior to hearing before this Board, and thereupon on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that pursuant to Section 432 of the Zoning Ordinance of the Town of Mamaroneck, the application for Special Permit to allow the addition of 2656 square feet at the rear of and as part of the present building filed by County Automotive Co. , Inc. of 194 Boston Post Road, Town, be referred to the Planning Board for review and recommendation to this Board at its next meeting on September 3rd, 1969. The Supervisor -- The Supervisor stated that Councilman Chalif, being mindful that some of those present might be concerned about items 1 and 4 under the Report of the Attorney, had suggested that those items be entertained at this time. She explained that the Board had been requested by Mr. Agnessanto to hold item 1 until Mr. Kirschenbaum' s arrival, but inquired the Board ' s pleasure as to item 4. Whereupon on motion by Councilman Chalif, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that item 4 under the Report of the Town Attorney on the agenda be entertained at this time. -13- Under Report of the Town Attorney Item 4 - Report Chatsworth Gardens Unit B The Attorney then stated that upon his receipt of reports from the Building Inspector and Fire Chief, dated Au- gust 5th and August 6th,1969, respectively, which were herewith ordered received and filed for the record, he had addressed the following letter to Mandeville Asso- ciates, Inc. under date of August 5th, 1969: " Re: Chatsworth Gardens Apts. Demolition Job There has been presented to me as of this date a notice to the effect that you General Contractor, Robert Glenn, Inc. , and that the Kenbar Demolition Contractors, Inc. have abandoned the job after completing only the replacement of the roof structure. I have also been advised that there has been left on the site a large accumulation of debris in and around the building. The Building Inspector and Fire Chief state that this debris constitutes a dangerous condition as it would effect the health and safety of occupants of surrounding properties. We have also learned that the general con- tractor's superintendent has advised that no schedule has been made for the com- pletion of the restoration of this work. On behalf of the Town, I wish to call your attention to the provisions of the Mul- tiple Residence Law, especially Title 3 thereof, as they apply to this structure as well as Article 20 of the Town's Building Code. On behalf of the Town, we note with deep concern the fact that the fall season is ap- proaching and also the fact that you will be unable to supply adequate heating or hot water facilities to those tenants who have been allowed to return to the building. We call this to your attention in this man- ner because of the fact that unless the sit- uation is remedied expeditiously, we will avail ourselves of all measures available so as to protect the health, welfare and lives of the tenants. " -14- The Supervisor then inquired what further steps could be taken and was advised by the Attorney that the building could be declared abandoned and the entire structure closed. It was pointed out that there were only two boilers in this building at the present time, one supplying hot water in a sporatic fashion - with the other not in condition to supply any heat at all. The Supervisor asked the Building Inspector whether -_ the roof had been completed. In reply, Mr. Paonessa stated that the roof had been completed but that the parapet walls were not yet up to height. A Mrs. Mace, former resident of Unit B who was present, upon recognition by the Chair stated that she would like to know whether the building would ever be wholly restored and if so, when. The Building Inspector, in answer, stated that the General Contractor had no schedule to complete the work and accordingly pursuant to Article 20 of the Building Code, the Building would have to be vacated and secured. In further discussion, questions as to possible de- molishment of the building, or possible sale for restoration were raised. Councilman Faiola stated that he had talked with young Mr. Mandeville yester- day and strongly recommended that the Town, as Mr. Mandeville had requested, do what it could to facil- itate the management in view of the financial problems with which it was presently confronted. He then recommended that the Town use its own forces and place a lien against the property for the costs of: first -- clear the area in back of building to eliminate the health hazard; second -- clear the stairwells, halls, etc. throughout the Unit. The Attorney pointed out first that under the law, the Town could not enter private property for any purpose whatsoever and second, that there was no provision in the Multiple Dwelling or Multiple Res- idence Law under which the Town could surcharge the owners of private property for work performed by Town forces. Further discussion of questions as to whether the - Town could go to court to obtain a judgment, the existence of safety provisions under municipal law, and the procedure involved in demolishment of a -15- F�'rae Nd building, concluded with the Attorney and Building Inspector directed to follow up all aspects of such matters with a report thereon to the Board. 4. Authorization to Offer Appraised Values - Premium River Properties Pursuant to memorandum of the Supervisor under date of August 4th, 1969, herewith presented and ordered received and filed for the record, on motion by Councilman Vandernoot, seconded by Councilman Chalif, it was unanimously RESOLVED, that this Board hereby authorizes the Supervisor to offer the following appraised values to the owners of the remaining Premium River Properties as set forth herebelow: Parcel Block and Parcel Owner A'p'praised Value #3 506 - 320 James Garito $29, 350. & Sons, Inc. #4 505 - 218 Selma Hansen 3, 300. #5 506 - 487 Charles Turiano 1,500. Jr. and be it further RESOLVED, that the Supervisor is also authorized to have appraisals made of the following two parcels of land at a cost of not to exceed the sum of $600. 00.-- parcels identified as #6 and #7 on sketch accompanying Supervisor ' s memoran- dum hereto filed for the record. 5. Authorization - Transfer of Funds Pursuant to memorandum of the Comptroller under date of August 4th, 1969, herewith presented and ordered received and filed for the record, on motion by Councilman Vandernoot, seconded by Councilman Chalif, it was unanimously RESOLVED, that this Board hereby authorizes the following transfer of funds with the 1969 Water District Budget: From: Surplus Water District #1 $18, 000. A/c 504 To: Water District System 18, 000. Capital Costs - A/C 401 -16- 6. Authorization for Superintendent of Highways to Rent Paving Equipment Pursuant to memorandum of the Highway Superintendent under date of August 5th herewith presented and filed for the record and following an explanation of the Town ' s inauguration of a new road-paving program to replace the former annual seal-coating since in the long run it would be cleaner, far longer-lasting and consequently more economical, on motion by Council- --- man Chalif, seconded by Councilman Nagel, the following resolution was adopted unanimously RESOLVED, that the Superintendent of Highways be and he hereby is authorized to rent the following equipment from Peckham Road Corp. , for repaving program of the streets in the Howell Park area, subject to the approval of the County Superintendent of Highways: 1 Blaw-Knox Model PF 90, Series 3 Express Gas, Bituminous Paver, Self Propelled with Operator, Oiler and Screedman at $45. 22 per hour. 1 Buffalo-Springfield, Model KT 25 C4, Roller, Steel Wheel, Gas Engine 10-14 Tons with operator at $18. 28 per hour. 1 Buffalo-Springfield Model KT 17D, Roller Steel Wheel Gas Engine 10-14 Tons with Operator at $18. 28 per hour. 1 Bituminous Asphalt Heating Distributor, Portable Unit 185 Capacity (Without Truck) at $2. 67 per hour. 1 Mack, Model V609T, Truck, 672 CU, IN. 4 Wheel Drive Diesel Engine with Driver and 35 Ton Gooseneck Trailer at $23. 82 per hour. 1 Ford Model F-100 Pickup Gas Engine, with Miscellaneous Small Tools, Traffic Cones, Rakes, Etc. 223 CU. In. 2 Wheel Drive with Operator at $11. 18 per hour. In response to Councilman Nagel ' s inquiry re purchase of such equipment and its cost, the Superintendent of Highways was requested to make a study of such possible purchasing jointly by the three municipalities report- ing to Councilman Nagel thereon for referral to the Joint Economies Committee for future cdnsideration if deemed feasible and advisable. 7. Salary Authorizations a Police Patrolman -17- ---D 9 Pursuant to memorandum addressed to the Town Board by the Board of Police Commissioners under date of July 30th, 1969 herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Chalif, it was unan- imously RESOLVED, that this Board hereby authorizes that Peter Gerardi provisionally appointed to the position of Police Patrolman in the Town of Mamaroneck, be compensated at the rate of $8, 100. 00 per annum, effective as of August 14th, 1969. b) Secretary, Conservation Advisory Committee Pursuant to memorandum of Patrick T. Leddy under date of August 4th, 1969, herewith presented and ordered received and filed for the record, on motion by Councilman Chalif, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby authorizes the appointment of Helen M. Kirvin as Secretary to the Conservation Advisory Committee, effective as of July 17th, 1969 and to be compensated at the rate of $200. 00 per annum. COMMUNICATIONS 1. P. S. C. - Notice of Hearing, Consolidated Edison The Clerk presented a Notice of hearing before the Public Service Commission on August 8th, 1969, at 10:00 a.m. re Con Edison which was ordered received and filed. Upon the Attorney ' s advice that all local municipal- ities would be covered by representation by th County, it was directed as unnecessary for the sown to be represented locally. 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, 1969. Report of the Building and Plumbing Inspector for the month of July, 1969. -18- Town Clerk' s Report for the month of June, 1969. Report of the Westchester Shore Humane Society, Inc. for the month of July, 1969. Municipal Dog Patrol Report for the month of July, 1969. Summary of Receipts and Disbursements for the period from January lst through June 30th, 1969. THE SUPERVISOR At this time the Supervisor, recognizing Mr. and Mrs. Adrian Flanter of 810 Weaver Street, adjacent property owners of Bonnie Briar who had just come j in, inter- rupted the regular order of business to inquire whether they were present in connection with the Club ' s ap- plication which had been heard and granted in accord with the Planning Board- s recommendation earlier this evening since no one had voiced any opposition. Mr. and Mrs. Flanter stated that they had come to protest the application explaining that they had been unavoidably delayed by an emergency at home. The Board, by common consent, heard their protests and called on Mr. Lee Bloom, member of the Planning Board, who after reviewing the proceedings at the Planning Board meeting which Mr. and Mrs. Flanter had attended, again spoke to each of the points of protest raised by them. The Supervisor, after thanking Mr. Bloom, unanimously with the members of the Board, assurred Mr. and Mrs. Flanter that the Town would do all within its power to see that the courts were operated in compliance with the conditions imposed by the Planning Board and requested the Flanters to notify the Town of any ob- jections they might have which arose after the courts were in actual operation. REPORTS (continued) The Supervisor -- 1. Death of Miss Wilhelmina Schroeder The Supervisor with sadness spoke of the death of Miss Wilhelmina Schroeder former Deputy Clerk of the Town - of Mamaroneck and called upon the Clerk, Mr. Gronberg, with whom Miss Schroeder had been most closely as- sociated during her seventeen years of service with the Town. Mr. Gronberg paid high tribute to Miss Schroeder, describing her as one who was unfailing in the dis- -19- less rule, on anything beyond the balance of 1969. As to his suggestions set forth at Issue #6, Chapter 104, the Laws of 1936 does not provide for, much less permit, the type of recourse that Mr. Zaidins would like to adopt. Since this Town is completely con- trolled by that Law, it is completely foreign to me how a "Fact Finder" can supposedly suggest some method on solving disputes other than that provided by the Law itself. Either the enabling statute obtains, or -- we have to change the Law. On behalf of the Town of Mamaroneck, I submit that Mr. Zaidins ' report as it applies to budgetary items for the year 1970 should be ignored and his recom- mendations should be confined to the period for which he was appointed; namely, the balance of 1969. " He further reported receipt of reply thereto addressed to him at Dr. Helsby ' s request by a Mr. Harold R. Newman, Director of Conciliation, P.E.R.B. , on August 5th which read as follows: _ "Dr. Helsby has asked me to reply to your letter of July 25 in which you list a series of criticisms of Mr. Zaidin' s Fact-Finding Report in the matter of the dispute of the Town of Mamaroneck and the P.B.A. You are, of course, aware that Fact-Finder ' s Rec- ommendations are advisory and not binding upon the parties. Your attention is invited to Section 209, Paragraph (e) of the Taylor Law which provides that: "In the event that either the public employer or the employee organization does not accept in whole or part the recommendations of the fact-finding board, (i) the chief executive officer of the government involved, shall within ten days after receipt of the findings of fact and recommenda- tions of the fact-finding board, submit to the legislative body of the government involved a copy of the findings of fact and recommendations of the fact-finding board, together with his recommendations for settling the dispute; (ii) the employee organization may submit to such legislative body its recommendations for settling the dispute; (iii) the legislative body or a duly authorized committee thereof shall forthwith conduct a hearing at which the parties shall be required to explain their positions with respect to the report of the fact-finding board; and (iv) thereafter, the legislative body shall take such action as it deems to be in the public in- terest, including the interest of the public employees involved. " Your letter indicates that the Town plans to reject -26- the fact-finding report. I would appreciate, there- fore, that you advise this office when, in accordance with the section of the statute quoted, the leg- islative hearing will be held. " Further, he then stated, the following communication had been received on August 4th as addressed to him by Mr. Stephen Kirschenbaum under date of July 31st: "We confirm our conversation of this date wherein - I expressed to you that the chief executive officer of the Town must make a recommendation to the Town Board based on the Fact Finding report of Earle Zaidins, Esq. , and the Town Board must accept or reject the said Fact Finding report. You have stated to me that such a recommendation would be prepared for the next Town Board meeting on August 6, 1969, at which time the Town Board may act. You have indicated that you will telephone the undersigned on August 7, 1969, and that we could probably arrange a negotiating meeting for the evening of either August 12 or August 13, 1969. Of course, the content of our next meeting will depend on the actions of the Town Board. In any event, we have heretofore submitted the demands of the P.B.A. covering the years 1969, 1970 and 1971 whether or not we sign a one, two or three year contract. It is our deepest feeling that the present procedure before the Public Employment Relations Board must be properly followed in terms of the Fact Finding report and any further procedures which flow there- from. We thank you for your most kind cooperation and await hearing from you. " He also presented for the record the memorandum of August 4th addressed to the Board by the Supervisor reading as follows : "J. J. J. indicates that the Chief Executive Officer must forward the Fact Finder ' s Report and make a recommendation thereon to the Town Board. Jim and I are working on this report which will be presented at the Pre-Board meeting. " and a communication addressed to the Clerk by Eugene Agnessanto of the P.B.A. on August 5th, reading as follows : "Requesting action by the Town Board on the Fact Finders Report. " -27- J" A lengthy discussion followed between the members of the Board, Mr. Kirschenbaum, and the Town Attorney with respect to var- ious points, figures, and items set forth in the Fact Finder's re- port and the Taylor Law, and concluded with Councilman Chalif offering a motion to reject the Fact-Finder's report and fix the date for holding the hearing thereon pursuant to Section 209 - Paragraph (e) of the Taylor Law. Whereupon following the Supervisor's clearance of dates with the members of the Board and Mr. Kirschenbaum, Councilman Faiola seconded the motion offered by Councilman Chalif and the following resolution was adopted by unanimous vote of the Board, all members being present and voting "aye": RESOLVED, that this Board hereby rejects the report submitted by Earle W. Zaidins, Fact- Finder for P. E. R. B. , in the matter of the dispute between the Town of Mamaroneck and the Town P. B. A. , and fixes as the date to con- duct a hearing thereon pursuant to Section 209 Paragraph (e) of the Taylor Law, Wednesday, August 13th, 1969, at 8 o'clock in the evening in the Auditorium of the Weaver Street Fire- house, Weaver Street, Town of Mamaroneck. 2. Authorization to Offer Appraised Values Property of Marc Neuhof - 529 Weaver Street The Attorney reported that he had received the appraisals for land and shrubbery for the property owned by Marc Neuhof at 529 Weaver Street which the Town needed to acquire for the construction of the proposed sidewalk along Weaver Street from Bonnie Way to Murray Avenue and requested authoriza- tion to offer same to the owner on behalf of the Town. Whereupon on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that the Attorney be and he hereby is authorized to offer to the owner of the prop- erty located at 529 Weaver Street, Town, the appraised values obtained for that portion of the land necessary to be acquired by the Town and the replacement of shrubbery thereon in the sum of $1, 890. 00 - $1, 050. 00 for the land and $840. 00 for the shrubbery. 3. Authorization to Institute Legal Action vs. Castro Convertible Corporation for Sign Violations The Attorney reported that the non-conforming signs on the above premises were the only remaining sign violations and since the time extension granted by this Board had expired, -28- "35 � requested authorization to take the necessary steps to institute legal action on behalf of the Town. Whereupon, on motion by Councilman Faiola and sec- onded by Councilman Nagel, it was unanimously RESOLVED, that the Town Attorney be and he hereby is authorized to take the necessary steps to institute legal action on behalf of the Town against Castro Convertible Corporation of 1289 Boston Post Road, Town, in the mat- ter of the non-compliance of the existing non- forming signs on said premises with Article 19 of the Town of Mamaroneck Building Code. 4. Report - Chatsworth Gardens Unit B This item was presented earlier in the evening. MOMENT OF SILENCE Since there was no further business, a moment of silence was observed in honor of the memory of Miss Wilhelmina Schroeder, former Deputy Town Clerk of the Town of Mamaroneck. ADJOURNMENT On motion duly made and seconded, the meeting was de- clared adjourned at 10:30 p. m. , to reconvene on Sep- tember 3d, 1969. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was con- vened immediately upon the adjournment of the Town Board meeting. 1. Claims Commissioner Faiola presented for approval of payment the following fire claims and thereupon on his motion, sec- onded by Commissioner Vandernoot, it was unanimously RESOLVED, that the Fire Department claims, which had been audited by the Comptroller and approved by the Fire Chief, are hereby -29- Gle approved, and the Supervisor and Comptroller authorized to pay the same out of the budget for the Fire Department: R. G. Brewer Inc. $ 63. 46 Con Edison 111. 36 Dri-Chem Extinguisher Co. 868. 70 Excelsior Auto Repair & Machine Works 248. 59 Exterminating Services Corp. 7. 00 I. & T. Plumbing & Heating Inc 14. 35 McGuire Bros. , Inc 7. 00 Merson Uniform Co. , Inc 152. 50 Mobil Oil Corp. 62. 45 New York Telephone 16. 50 New Rochelle Water Co. 71. 25 Village of Scarsdale-Water Department 1, 2 28. 00 Total. . . . . . $ 2, 851. 16 2. Report Commissioner Faiola presented the Fire Report for July which was herewith ordered received and filed. 3. Adjournment Since there was no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10: 35 p. m. , to reconvene on September 3d, 1969. n erk -30-