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HomeMy WebLinkAbout1967_10_18 Town Board Minutes 303 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 18, 1967 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 Kane Councilwoman Helwig Councilman Quadrine Councilman Chalif Councilman Faiola Absent: None Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Deputy Clerk Mr. Altieri - Comptroller Mr. Widulski - Engineer APPROVAL OF MINUTES On motion duly made and seconded, the minutes of the regular meeting of October 3, 1967 were approved as submitted. OPENING OF BIDS 1. Sidewalk and Street Repairs, Murray Avenue The Clerk presented the affidavit of publication of the Notice for bids for the record, and opened and read aloud the only bid received as follows: Bidder Bid Louis Petrillo, Inc. $3,877.60 i In accordance with the Supervisor's recommendation in the interest of time the Board unanimously directed that the bid be accepted provided it was approved by Councilman Quadrine, the Engineer, Superintendent of Highways, Town Attorney and Comptroller. Thereupon on motion by Councilman Quadrine, seconded by Council- man Faiola it was unanimously RESOLVED, that this Board hereby accepts the only bid received to wit that of Louis Petrillo, Inc. in the sum of $3,877.60 for sidewalk curb -1- 0 and road construction along Murray Avenue, in accordance with the specifications set forth in the Notice for Bids, subject to the approval of Councilman 4uadrine, the Engineer, Superintendent of Highways, Town Attorney and Comptroller. 2. Alterations - Weaver Street Firehouse The Clerk presented the affidavit of publication of the Notice for bids for the record, and opened and read aloud the following bids: Bidder Item 1 Item 2 Item 3 Total Ruggiero Cons.Corp. $6975.00 $ 940.00 $2610.00 $10,500.00 Brooks & Rivellini, 3500.00 700.00 3500.00 10,350.00 Inc. Romani & Pico, Inc. 5400.00 610.00 990.00 7,000.00 Councilman Faiola then raised two questions - first, what items 1, 2 and 3 applied to in each bid and - second, whether or not these bids were to be awarded by individual item or by total cost. The Engineer replied that Item 1 covered the ceiling, item 2, sidewalk and Item 3, drainage in each bid and further explained that the bid was to be awarded to the lowest total bidder but that the items had been included as separate bids so that if the total were over budget one of the items might be deleted at this time in order to meet the budget appropriation. The Supervisor then recommended that if approved by the Fire Chief, Councilman Faiola, Engineer, Attorney and Comptroller, that the low bid be approved and thereupon on motion by Councilman Chalif, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder to wit that of Romani & Pico, Inc. in the total sum of $7,000. for alterations to the Firehouse in accordance with the specifications set forth in the Notice for Bids, subject to the approval of the Fire Chief, Council- man Faiola, Engineer, Attorney and Comp- troller, and be it further RESOLVED, that the Town Clerk be authorized to return the bid checks to all but the successful bidder. -2- 305 PUBLIC HEARING - Application for Special Permit (Bonnie Briar New Swimming Pool) On motion duly made and seconded, the hearing was declar- ed open by unanimous vote of the Board and the Clerk pre- sented for the record the affidavit of publication of the Notice of Hearing. The Supervisor briefly reviewed the application and call- ed on the Engineer who advised that the Planning Board had reviewed the plans and submitted its report dated September 27, 1967 approving the application subject to compliance with the conditions set forth in said report. He further advised that the neighboring property owners had been notified of the application, had visited his office and reviewed the plans, filing no objections there- to. Mr. Zock, representing Bonnie Briar, in reply to Council- woman Helwig's question as to whether the Club agreed to all of the conditions set forth by the Planning Board, replied that it did, and thereupon since no one else wish- ed to be heard either in favor of or in opposition to this application, on motion duly made and seconded, the hearing was declared closed by unanimous vote of the Board. And thereupon, on motion by Councilwoman Helwig, seconded by Councilman Quadrine, the following resolution was offer- ed: WHEREAS, Bonnie Briar Country Club has submitted an application for an extension of its existing special use in a Residential District (R-30 Zone) so as to allow the removal of the existing swim- ming pool, locker facilities and elevated deck and snack shack, and the construction of a new swimming pool and wading pool and related facili- ties as shown on the plans filed with the applica- tion, on premises located on Weaver Street and known as Block 225, Parcel 1 on the Tax Assess- ment Map of the Town of Mamaroneck; and WHEREAS, said application was denied by the Build- ing Inspector on the grounds that the plans were subject to a special permit, to be granted pur- suant to Sections 410, 432 and 449 of the Zoning ordinance insofar as the proposed building or structure 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, approves the applica- tion subject to the conditions 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 -3- 306 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 Country Club is hereby granted and the Build- ing Inspector authorized to issue a special permit for the removal of the existing swimming pool and related facilities and the construction of a new swimming pool and related facilities as shown on the plans filed with him, provided that said pool complies with the following conditions as recommended by the Planning Board and in all other respects with the Building Code and Zoning Ordinance of the Town of Mamaroneck: 1. Planting shall be in accordance with the planting scheme agreed upon in the origi- nal application. 2. All stanchion lighting on the pool structure shall be not more than ten feet in height and all light sources shall point away from Weaver Street and be properly shielded to prevent the reflection of lights into resi- dences neighboring the club property. 3. All sound amplification systems shall be of the low volume multi-speaker type with con- trols permitting locational announcements so as to minimize unnecessary noise. 4. The pool shall not be operated after 8 p. m. 5. The Club shall not accept any pool member- ships except from persons who are, have been, or become club or house members under the rules and regulations of the Club in effect as of December 1, 1966 or similar provisions of amended rules and regulations which do not extend pool privileges beyond the class of members now eligible to use the pool. Upon roll call, the vote on the foregoing resolution was unanimous with all members of the Board present and vot- ing "aye". The resolution was therefore duly declared adopted and the Clerk directed to forward certified copies thereof to the applicant and Building Inspector. OLD BUSINESS 1. Barrington Report The report of Barrington and Company engaged by the Board -4- to make a classification and salary study for the Town of Mamaroneck (excluding Police, Fire and part time personnel) was herewith presented and ordered received and filed for the record without comment since it was currently under detailed study by the Board. COMMUNICATIONS 1. Letter, County of Westchester,Department of Public Works '(County Roads Snow Removal) Pursuant to communication of the Administrative Assist- ant of the Westchester County Department of Public Works, dated October 10, 1967, and herewith presented and order- ed received and filed for the record, on motion by Councilwoman Helwig, seconded by Councilman Quadrine, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to sign the Agree- ment with the County of Westchester for the removal of snow and ice on County Roads within the unincorporated area of the Town of Mamaroneck, at a flat rate of $300. per mile for the 1967-1968 winter season. 2. Letter, County of Westchester,Department of Public Works (Snow Control State Highways) Pursuant to communication of the Westchester County Com- missioner of Public Works, dated October 5, 1967 and herewith presented and ordered received and filed for the record, on motion by Councilman Chalif, seconded by Councilman Faicla, the following resolution was adopted by unanimous vote of the Board, all members thereof being present and voting: WHEREAS, Sect. 12 of the Highway Law, as amended by Chapter 305 of the Laws of 1946, provides that if the removal of snow and ice from the State Highways is taken over by the County, the County can arrange with the Town Superintendents or Village Street Commissioners of the various towns/villages in the county of Westchester and the villages therein for the removal of the snow and ice from such State Highways as are within their municipal boun- daries and the entire cost of such work will be reimbursed by the State, and WHEREAS, the Town of Mamaroneck under date of November 8, 1946 entered into a contract with the County of Westchester for the removal of snow and ice from the State Highways within the said Town in accordance with the provi- sions of Sect. 12 of the Highway Law as -5- 308 amended, and under date of October 19, 1966 extended the said contract for the season 1966-1967. NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck extend the above men- tioned contract with the County of West- chester for an additional year, and be it further RESOLVED, that a certified copy of this resolution be forwarded to the Westchester County Commissioner of Public Works. 3. Police Commission - Salary Authorization New Patrolman Pursuant to memorandums from Chief Mancusi and the Comp- troller both dated October 16, 1967 herewith presented and filed for the record, on motion by Councilwoman Helwig, seconded by Councilman Chalif, it was unanimous- ly RESOLVED, that this Board hereby authorizes that Patrolman Paul P. Adamo be compensated at the rate of $7,000. per annum effective October 5, 1967. 4. Letter, Eugene Agnessanto 5. Letter, Richard C. Ross, Attorney The Clerk presented letters addressed to the Board by Messrs. Eugene Agnessanto, Police Patrolman, represent- ing the Town of Mamaroneck Police Benevolent Associ- ation, Inc. (Member of Police Conference of N. Y. State), and Richard C. Ross, Esq., General Counsel for the Policemen's Benevolent Association of Westchester County, Inc., under dates, of October 10 and 13, 1967 respective- ly, each claiming to represent a majority of the Town patrolmen and thus requesting recognition as the collec- tive bargaining agent for the Police Department, which were herewith ordered received and filed for the record. Councilman Chalif stated that in any instance when a municipality so desired provision was made under the Taylor Act for determination of the bargaining agent to be made by an impartial body appointed by the state. He recommended that determination be made by the state body in this case since the Town Board, being the bar- gaining agent, was in a difficult position as to impar- tiality. He then said that he would appreciate hearing from the Town Attorney, whereupon Mr. Johnston stated that he was in complete agreement with Councilman Chalif as to determination of the bargaining agent and the use of the impartial agency provided for such purpose under this new law. -6- _ 309 Councilman Quadrine then said that he was fully in agree- ment with both attorneys since any determination by this Board might be construed to be less than impartial. Councilwoman Helwig questioned the speed of such opera- tion and was advised by both of the attorneys that they had no idea of the time involved, but that it was their understanding that pending such determination the cus- tomary and regular procedure would be followed with busi- ness going on as usual. The Supervisor then thanked both of the attorneys and directed the Town Attorney to advise both associations of the action taken by the Board in identical letters. 6. Public Notice - Larchmont Zoning Board of Appeals The Clerk presented Public Notice from the Village of Larchmont Zoning Board of Appeals which upon the attor- ney's advise that this was for informational purposes and necessitated no action on the part of this Board, was ordered received and filed for the record. REPORTS The Town Clerk - - 1. Westchester Shore Humane Society, Inc. report for the month of September 1967. 2. Municipal Dog Patrol report for the month of September 1967. 3. Affidavit - Publication Registration Notice. 4. Summary of Receipts & Disbursements - January 1, 1967 - September 30, 1967. 5. Town Clerk's Report for the month of September 1967. The Supervisor - - The Supervisor had no report to present at this time. Councilman Chalif - - Councilman Chalif had no report to present at this time. Councilman Quadrine - - 1. Report - Lighting Stairway at Station -7- 1 Pursuant to memorandum addressed to Councilman Quadrine by the Engineer under date of October 17, 1967 herewith presented and filed for the record, on his motion, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby approves the expenditure of a sum not to exceed $350. for lighting of the stairway at the railroad station. 2. Death of James Hayden (Not on Agenda) Councilman Quadrine with deep regret advised the Board of Mr. Hayden's passing and after remarking on the excellence of his service in the Town's Highway Depart- ment requested that this meeting be adjourned in his memory and that an In Memoriam resolution be spread upon the minutes of this meeting and forwarded to Mr. Hayden's family with the Board's deepest sympathy. 3. Retirement of Joseph Schapanick (Not on Agenda) Councilman Quadrine advised the Board of Mr. Schapanick's retirement as of October 12, 1967. He commended Mr. Schapanick highly on his loyalty and the excellence of his job performance during the years he was associated with the Town Highway Department. Upon his suggestion it was unanimously RESOLVED, that the Supervisor forward to Mr. Schapanick a resolution expressing the Board's thanks and appreciation of his many years of excellent service and wishing him well in his retirement with ,'much good fishing". Councilman Faiola - - 1. Interim Report - Joint Economies Study Committee Councilman Faiola presented for the Board's information interim Report of the Joint Economies Study Committee which was herewith ordered received and filed for the record. The members of the Board, to each'rrri_of whom a copy had been given, expressed their appreciation and interest in reading the said report. 2. Letter to Chief Mancusi (25 years of Service) (Not on Agenda) -8- 11 Upon councilman Faiola remarking on Chief Mancusi's com- pletion of 25 years of service, it was the unanimous direction of the Board, after each of the members ex- pressed his tribute to the Chief, that the Supervisor forward on their behalf a letter to Chief Mancusi con- gratulating him and expressing the Board's hope that this marked only the beginning of the second 25 years with the Town. The Town Attorney - - The Attorney stated that he had no report to submit at this time. OTHER BUSINESS 1. Mr. Frank Claps Upon recognition Mr. Claps addressed the Board reviewing some of Commissioner Pound's observations as Moderator of the session on refuse disposal at the October 10th Beautification Conference at the County Center. He stat- ed that the Commissioner had requested those present to go back to their municipalities and advise them to take the matter of incineration and refuse disposal from the bottom of the list and place it at the top, pointing out that while "composting" had proved successful in several European countries, it had not here as yet due to the nature and quantity of this country's disposal materials. Councilman Quadrine, replying to Mr. Claps, stated that incineration was at the top of the list in this munici- pality, and that the Mayors of the Villages and repre- sentatives of the Joint Commission were meeting again with incineration consultants this Monday evening. He further pointed out that this entire subject had been before the Commission and under intensive study for the past three years at least, and that all methods of dis- posal had been and were still under such study. The Supervisor remarked that it was now more than a year since a large group had visited the"composting plant" at Altoona, Pennsylvania, which plant was then the only successful one in the country - - and further that even it was not completely successful. Councilman Quadrine further stated that in all of the methods of disposal now known, there was always some debris left and the question remained as to where this could be dumped since there was no property available in this area for dumping purposes. Mr. Claps thanked the Board for its time in discussing this matter and concluded by asking whether this com- munity had as yet given any consideration to requesting that federal funds be allocated for the massive kind of research Commissioner Pound had stated was so drastical- ly needed in this entire field. -9- 312 In reply the Supervisor stated that he himself had not heard of such a proposal before this meeting and that he did not believe the Joint Commission had either. He further remarked that he felt certain such a sugges- tion made by Commissioner Pound would be given every possible' consideration. ADJOURNMENT There being no further business to come before the meet- ing, it was on motion unanimously made and seconded, declared adjourned at 8:50 p. m. in honor of the memory of James A. Hayden and the following resolution was thereupon adopted to be spread on the minutes of this meeting in memoriam to him and forwarded to his family with the deepest sympathy and condolences. I n M e m o r i a m Resolved, that the Town Board of the Town of Mamaroneck, convened in regular session this 18th day of October, 1967, expresses its deep sorrow at the death of - - James A. Hayden former member of the Town of Mamaro- neck Highway staff; and Be it further Resolved, that this Board hereby expresses its sincere appreciation of Mr. Hayden's able service to the Town of Mamaro- neck; and Be it further Resolved, that this meeting stands adjourned this evening in memory of James A. Hayden: and Be it further Resolved, that this meeting reconvene on Novem- ber 1, 1967. -10- 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 Upon presentation by Commissioner Faiola, on his motion seconded by Councilman Chalif, it was unanimously RESOLVED, that the following Fire Department claims be and they hereby are approved, and the Supervisor and Comptroller be and they hereby are authorized to pay the same out of the 1967 Fire Department budget: Atlantic Exterminating Corp. $ 7.00 Con Edison 110.37 Con Edison 5.00 The Larchmont Print 21.50 Nicholas G. LaRussell 24.50 McGuire Bros., Inc. 7.00 The New Rochelle Water Company 71.25 New York Telephone 98.10 New York Telephone 7.43 Robert's 84.50 Westchester Joint Water Works 40.50 Total $477.15 2. Reports There were no reports to be submitted at this time. 3. Communications There were no communications to be submitted at this time. 4. Other Business a) Fire Prevention Week Commissioner Faiola reported that the use of Fire Department equipment at the schools had been very successful and that it was hoped to repeat this pro- cedure next year with possibly more equipment in front of the schools. b) Fire Drill in New Rochelle Commissioner Faiola reported on the success of the drill in New Rochelle and that he had written a letter express- ing the Commission's thanks to the New Rochelle Fire Department. -11- 314 c) Complaints - Leaf Burning Commissioner Faiola, with reference to complaints on leaf burning suggested that the Police Chief be advised of the state law prohibiting all burning for purposes of enforcement throughout the Town. d) Congratulatory Letters - Village Fire Departments. Commissioner Quadrine, with the unanimous approval of the Commission,directed that congratulatory letters be addressed to the Fire Departments in both villages commending them on the appearance of the personnel and equipment. e) Town Fire Department Annual Inspection and Dinner The Fire Chief reminded the Commission of the Annual Inspection and Dinner to be held on Thursday, October 26, 1967, stating that it was hoped all would be able to attend. 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:00 p. m., to reconvene on November 1, 1967. 9 o` C rk -12-