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HomeMy WebLinkAbout1968_09_04 Town Board Minutes 'C:�' t MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 4th, 1968, IN THE AUDITORIUM 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 Chalif Councilman Faiola Councilman Nagel Absent: None Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Altieri - Comptroller Mr. Paonessa - Building Inspector Mr. Widulski - Town Engineer APPROVAL OF MINUTES — The minutes of the regular meeting of August 7th, 1968, were presented, and on motion duly made and seconded, approved as submitted. OPENING OF BIDS The affidavits of publication of the Notices for bids were pre- sented for the record, and the following bids opened and read aloud: 1. Storm Drains and Manhole Hommocks Park Bidder Bid Salvatore Micelli $ 68, 400. 00 Bilotta Construction Corp. 74, 600. 00 Miceli & Miceli Corp. 48 , 800. 00 In the interest of time, rather than refer the bids for exam- ination and recommendation of award at the next meeting, on motion by Councilman Bagel, seconded by Councilwoman Hel- wig, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit the bid of Miceli & Miceli Corp. in the amount of $48, 800. 00, for -1- a,'r' D 44- storm drains and manhole in Hommocks Park, provided that upon examination, said bid is found to comply with the specifications set forth in the Notice for Bids and is satisfactory in all respects to the Town Attorney, Engineer and Comptroller; and be it further -- RESOLVED, that the Town Clerk be and he hereby is authorized to return all bid checks except that of the successful bidder. 2. Fill for Hommocks Area Bidder Bid John Miceli $ 2. 40 per yd. Since this was the only bid submitted, on motion by Council- man Faiola, seconded by Councilman Chalif, it was unan- imously RESOLVED, that this Board hereby accepts the bid of the only bidder, to-wit that of John Miceli in the amount of $2. 40 per yard for earth fill, provided that upon examina- tion, said bid is found to comply with the specifications set forth in the Notice for Bids and is satisfactory to the Town Attorney, Engineer and Comptroller in all respects. PUBLIC HEARING - Appeals for Sign Variances 1. Appeal of Arnold Mancini 176A Myrtle Boulevard On motion by Councilman Chalif, 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 the Supervisor stated that the procedure for the hearing would be to hear first, the appli- cant and/or his attorney or representative, then those in favor, and last those opposed to the application. He then recounted that this appeal had been put over at the last meeting in consideration of the applicant's illness and consequent inability to remain at the meeting, and inquired whether the applicant or any one representing him wished to be heard on behalf of the application. Since neither Mr. Mancini, the applicant, nor any one -2- appearing for him was present, the Supervisor asked the Attorney whether there was any comment or observation he wished to make at this time. In reply, Mr. Johnston stated that the Permit (#667) issued to Mr. Mancini in 1957 was a temporary permit as were all of these, and that the applicant had been given a period of 5 years in which to amortize his investment. He added that he, of course, was unable to speak to whether or not - the applicant had been able to amoritze his investment. The Supervisor then observed that although this matter had been put over to accommodate the applicant, no word had been received from him since the last meeting, and inas- much as no one was present to speak to the application this evening, the Board could only proceed on the basis of the facts presented to it which following careful study and re- view failed to indicate that any hardship would be worked on the applicant by his having to conform with the provi- sions of the Ordinance. He then inquired whether any one wished to be heard in favor of the application - and since there was no one, he then inquired whether any wished to speak in opposition thereto, whereupon since there was no one, he inquired the Board's pleasure on the question, requesting a motion that the hearing be closed. Whereupon, on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously -" RESOLVED, that the public hearing be and it hereby is declared closed. And thereupon, Councilman Chalif stated that based on the information presented which indicated no hardship to the applicant by his having to reduce the height of sign so as to conform to the Ordinance, he could only recommend that the application be denied, and accordingly offered the following resolution which on motion by him and sec- onded by Councilman Nagel , was adopted by unanimous vote of the Board, all members being present and voting riayerr: WHEREAS, Arnold Mancini, as owner of the property known as 176A Myrtle Boulevard, Larchmont, New York, and as more partic- ularly set forth on the Tax Map of the Town of Mamaroneck as Block 133, Parcel 642, has submitted to the Building Department an application seeking permission to maintainan existing non-conforming wall sign; and WHEREAS, said application was denied by the Building Inspector on the following grounds: oversized height; and WHEREAS, the applicant submitted as his -3- s reasons for seeking a variance so as to allow maintenance of the above set forth sign, the grounds that the existing sign does not over- lap the coping of the building and that if the variance were not granted, it would mean the installation of an entirely new sign at a cost which is totally unnecessary; and WHEREAS, the applicant has applied to this Board for a variance from the controlling provisions of Article 19 of the Building Code of the Town of Mamaroneck pursuant to Sec- tion 12 of said Article; and WHEREAS, pursuant to Section 12 of Article 19 of the Building Code, a public hearing was duly called before this Board at its regular meeting had on August 7, 1968 and duly put over to the next regular meeting on Septem- ber 4, 1968, to accommodate the applicant; and WHEREAS, the Board has reviewed the appli- cation and has heard all persons interested in the application, and finds that the conditions and standards required by Article 19, Section 8 of the Building Code of the Town of Mamaro- neck will not be met; NOW, THEREFORE, BE IT RESOLVED, that the application of Arnold Mancini is hereby denied on the following grounds: That the existing wall sign has an over all height exceeding the required height limita- tion by six (6) inches more or less, and that the applicant has completely failed to show that any hardship will be caused by his having to reduce the height of this sign so as to con- form with the Ordinance requirement of a three (3) foot maximum height; and be it further RESOLVED, that the applicant shall comply with the Sign Ordinance as presently constituted and shall remove the existing non-conforming sign within ten (10) days of the date of receipt of certified copy of this resolution, which shall be forwarded to the applicant and Building Inspector. -4- 2. Appeal of Kenny's Floor Covering Co. 1329 Boston Post Road On motion by Councilman Faiola, seconded by Councilman Chalif, 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 the Supervisor stated that the procedure would be the same as that followed for the prev- ious hearing, thereby recognizing Peter D. Mosher, Counsel for the applicant. Mr. Mosher presented an Affidavit (furnishing copy thereof to each member of the Board and the Attorney) together with twelve (12) pictures of the six (6) existing non-conforming signs, all of which exhibits were marked and ordered re- ceived and filed as part of the record of this hearing. He then described the six (6) existing non-conforming signs comprising of two (2) pylon signs facing east and west, and four (4) roof signs located on the front of the building facing the Boston Post Road and east and west sides thereof, stat- ing that his client was seeking variances to allow the main- tenance of all six signs for the following reasons: 1) Because replacement of these signs would work great hardship on his client due to their very expensive design and construction; 2) Because the signs were responsible for drawing about $100, 000. 00 worth of business annually -- 20% of his client's gross; 3) Because the business was located on this particular property which had been very expensive to purchase due to its being on US 1; 4) Because it was located in the middle of a commercial area, surrounded by Dunkin Donuts, Castro, Cook's Restaurant, R. A. Novak, the Larchmont Motel, the International House of Pancakes, Hory's Chevrolet, the First Westchester National Bank, the VFW Post, Post Lodge, Bose & Parker Garage and the former Cadillac used car outlet. Councilman Chalif asked Mr. Mosher whether these signs which failed to comply with location, size and illumination requirements, had been erected under a permit for tem- porary signs issued in August of 1953 as stated in a memo- randum of the Building Inspector, dated September 4, 1968 and filed as part of the record of this hearing. Mr. Mosher replied in the affirmative. Councilman Chalif then inquired whether his client had been given the five-year grace period for amortization of his in- vestment with notification of the expiration thereof. -5- Again Mr. Mosher replied in the affirmative. The Town Attorney than stated that he would like to question the Building Inspector regarding the signs on some of the businesses near Kenny's as named by Mr. Mosher in his Af- fidavit as follows: Question: Do the signs on The First Westchester National Bank conform to the Ordinance? Answer: Yes. Question: The Veterans of Foreign Wars ? Answer: Yes. Question: R. A. Novak? Answer: Yes Question: Bose & Parker? Answer: Yes. Question: The former Cadillac used car outlet? Answer: Yes. The Attorney further pointed out again that as stated in the Building Inspector's memorandum of September 4th herewith filed, all of these six (6) non-forming signs were erected un- der a permit issued to erect temporary signs on August 7th, 1953. The Supervisor then inquired whether any member of the Board had any further question or wished to make any com- ment and since none did, inquired whether anyone present wished to be heard either in favor of or in opposition to the application. And thereupon, since no one wished to be heard, on motion by GDuncilman Chalif, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the public hearing be and it hereby is declared closed. In response to the Supervisor's question as to the Board's pleasure on this application, it was unanimously on a motion made by Councilman Chalif and seconded by Councilwoman Helwig, RESOLVED, that decision in the matter of the appeal of Kenny's Floor Covering Co. , Inc. be reserved. The Clerk was directed to put this matter on the agenda for the next meeting. 6 3. Appeal of Castro Convertible Corporation 1289 Boston Post Road On motion by Councilman Faiola, seconded by Councilman Chalif, 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 the Supervisor stated that the procedure would be the same as that followed for the previous two hearings, thereby recognizing Anthony Sansone, Counsel for the applicant. Mr. Sansone, Counsel for the applicant, stated that he had ex- pected to have Mr. Eugene Stout, Vice President of Castro, with him but had been notified that he was unable to be present this evening. He explained that this appeal was for variances to allow the maintenance of five (5) existing signs, all non-conforming as to location, size and illumination, inasmuch as his client was planning to remove the present building and erect a modern two-story building with offices on the second floor on the site. He further pointed out that great hardship would be caused to his client by his having to replace these signs (which had cost $6400. 00 at time of erection) inasmuch as an acceptable pro- posal for the new building was expected shortly as attested in letter addressed to him by Mr. J. J. Rhatigan of Castro under date of July 8th, 1968, herewith filed as part of the record of this hearing with application of apellant. For this reason, Mr. Sansone reiterated, his client requested an 18-month extension of time for the maintenance of the exist- ing non-conforming signs. The Town Attorney then inquired of the Building Inspector whether Castro had filed any application for a building permit? Mr. Paonessa replied, "no. " The Town Attorney then confirmed with the Building Inspector his statement in his memorandum of September 4th, 1968 as herein filed in the record of this hearing that the Building De- partment records indicate that permits were issued to erect temporary signs on December 7, 1954 and April 21, 1955 -- and further confirmed with the Building Inspector that Castro had had the 5-year period for amortization of investment and had been notified in writing by him of the expiration of that period one month prior thereto. Councilwoman Helwig then asked Mr. Sansone whether any variance would be required for the erection of the proposed new building? Mr. Sansone replied in the negative -- but stated that there -7- would be a question to go before the Zoning Board with respect to the matter of parking. And thereupon since in reply to the Supervisor's query, no member of the Board had further comment, nor any person present wished to be heard either in favor of or in opposi- tion to this application, on motion by Councilman Chalif, sec- onded by Councilwoman Helwig, it was unanimously RESOLVED, that the public hearing be and it hereby is declared closed and that decision on the application be reserved. Accordingly, the Clerk was directed to put this matter on the agenda for the next meeting of the Board. OLD BUSINESS 1. Report on Bids for: a) Construction of Play Lot - Baldwin Hills Pursuant to recommendation of the Town Engineer as set forth in memorandum addressed to the Board under date of August 27th, 1968 and memorandum addressed to the Board under to- day's date and carrying the signatures of the Engineer, the Town Attorney and the Comptroller, which were herewith pre- sented and ordered received and filed for the record, on mo- tion by Councilwoman Helwig who advised the Board that this was also the recommendation of the Recreation Commission, and seconded by Councilman Chalif, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit that of Michael S. Rossi in the amount of $6200. 00, for construction of the Play Lot (Lot No. 10) Baldwin Hills, said work to be performed in accordance with the plans and specifications prepared by the Engineer and set forth in the Notice for Bids; and be it further RESOLVED, that payment of the balance of the said sum of $6200. 00 in excess of the appropria- tion in the 1968 budget, is to be made in 1969; and be it further RESOLVED, that the Town Clerk be and he here- by is authorized to return all bid checks except that of the successful bidder. b) Resurfacing Myrtle Boulevard (North Chatsworth to Maxwell) Pursuant to memorandum addressed to the Board under date -8- 4, of August 27th, 1968 and signed by the Town Engineer, Town Attorney and Comptroller, on motion by Councilman Chalif, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, Peckham Road Corpora- tion in the amount of $10, 640. 00, for resurfac- ing Myrtle Boulevard (North Chatsworth to Max- well) in accordance with the specifications pre- pared by the Engineer and set forth in the No- tice for Bids; and be it further RESOLVED, that the Town Clerk be and he hereby is authorized to return all bid checks except that of the successful bidder. c) Painting - Weaver Street Firehouse Pursuant to memorandum of the Town Engineer, dated Sep- tember 4, 1968 herewith presented and filed for the record, and Councilman Faiola's observations of the various prob- lems involved with the Firehouse windows, on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby rejects the only bid submitted, to-wit that of Hochberg Bros. in the amount of $3, 375. 00, for painting the Weaver Street Firehouse for the reason that the amount of the bid exceeds the 1968 budgetary appropriation; and be it further RESOLVED, that the Town Clerk be and he hereby is authorized to return the bid check. 2. Weaver Street Sidewalk a) Engineer's Report The Engineer reported that the sidewalk installation had been completed with only one or two minor details re- maining which would be taken care of in the immediate future. b) Communications — Two communications, one addressed to the Supervisor Registered Mail by Frank De Fazio of 27 Weaver Street under date of August 14, 1968, and one addressed to the Council by Mrs. Charles Reidy of 33 Weaver Street under date of August 21, 1968 also Registered Mail, we-e re- viewed by the Supervisor and herewith ordered received and filed for the record. -9- 2 The Supervisor advised the Board that each of these com- munications, which pertained to certain driveway conditions caused by the installation of the sidewalk, had been re- ferred to the Engineer for his immediate attention with re- spect to relieving the conditions described. NEW BUSINESS 1. Authorization of Overtime Pay Police Department and for Transfer of Funds Therefor Pursuant to memoranda addressed to the Town Board by the Chairman of the Police Commission under date of September 3rd, 1968 approving payment of overtime compensation in lieu of compensory time to the Police Officers set forth therein, and of the Comptroller under date of September 3rd, 1968, requesting authorization for the transfer of funds nec- essary therefor, herewith presented and ordered received and filed for the record, on motion Councilwoman Helwig, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby authorizes the payment of overtime compensation in lieu of com- pensory time to the Police Officers in the amounts set forth hereinbelow: Name Amount J. J. O'Brien $ 738. 99 J. V. Starpoli 59. 67 D. P. McClintock 293. 76 F. K. Silvestri 146. 88 E. Agnessanto 166. 00 W. A. Federice 402. 55 J. Paonessa 186. 75 W. H. O'Rorke 381. 80 R. E. Winckler 157. 70 J. T. Costello 215. 80 P. Diamond 485. 55 A. F. Ambrosovitch 203. 35 R. Barasch 45. 65 A. Leviness, Jr. 91. 30 T. A. Vitro ].70. 15 W. E. Coy 125. 12 C. S. Baumblatt 515. 44 R. Fuller 325. 94 J. R. Santioemma 310. 78 P. D. Adamo 379. 00 J. W. Greenstein 22.. 02 J. V. Cuozzi 7. 34 — J. C. Anderson 51. 38 Total $ 5, 482. 92 and be it further -10- RESOLVED, that this Board hereby authorizes the following transfer of funds within the 1968 budget necessary for payment of the above set forth schedule of overtime compensation: From: Part Town Appropriation a/c 407 - Traffic Signals & Signs $ 521. 32 a/c 410 - Employees' Retirement System 3,592. 81 a/c 412 - Social Security Taxes 1, 368. 79 To: Part Town Appropriation - Personal Services a/c 101 - Officers 5,482. 92 2. Authorization for Publication of Registration & Election Notice Pursuant to the Clerk's request, on motion by Councilman Nagel, seconded by Councilman Chalif, it was unanimously RESOLVED, that in accordance with the provi- sions of Section 76 and Section 354 of the Elec- tion Law, a Notice listing the places of regis- tration and briefly describing each registration district in the Town of Mamaroneck, be pub- lished in the official newspaper of the Town of Mamaroneck, "The Daily Times", on Septem- ber 23d and 30th, 1968. 3. Salary Authorization for Highway Laborers Pursuant to memorandum of the Superintendent of Highways addressed to the Board under date of September 3d, 1968 herewith presented and ordered received and filed, on mo- tion by Councilwoman Helwig, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby approves the Probationary appointment pending physical exam- ination, of two (2) Highway Laborers, Wesley Moate and Charles Hart, and authorizes that they be compensated at the rate of $2. 60 per hour, ef- fective as of September 5th, 1968. 4. Salary Authorization - Police Patrolman Pursuant to memorandum of the Comptroller, dated Septem- ber 3, 1968 and attached memorandum of Lt. O'Brien of the same date, herewith presented and ordered received and filed for the record, on motion by Councilwoman Helwig and seconded by Councilman Chalif, it was unanimously -11- Z RESOLVED, that this Board hereby authorizes that Stephen McDonald, Police Patrolman, be compen- sated at the rate of $7, 640. 00 per annum, effective .August 29, 1968. COMMUNICATIONS 1. Lock-up Report - New York State Commission of Correction The Clerk presented the annual Report of Inspection of the Town Lock-up as of July 18th, 1968, which was herewith ordered received and filed for the record. 2. Notice of Meeting - New Rochelle Board of Appeals The Clerk presented a Notice of Meeting of the City of New Rochelle Board of Appeals, which had been referred to the Town Attorney and which, upon his advice of requiring no action by this Board, was herewith ordered received and filed for the record. 3. Notice of Meeting - Larchmont Village Board of Appeals The Clerk presented a Notice of Meeting of the Larchmont _ Village Board of Appeals which was referred to the Town Attorney and ordered received and filed. REPORTS The Town Clerk The Clerk presented the following reports which were or- dered received and filed: Report of the Receiver of Taxes and Assessments for the month of August, 1968. Report of the Building & Plumbing Inspector for the month of August, 1968. Report of the Westchester Shore Humane Society, Inc. for the month of August, 1968. Report of the Municipal Dog Patrol for the month of August, 1968. Report of Receipts and Disbursements, Town of Mamaro- neck, for the period from January 1 through July 31, 1968. -12- �15 Supervisor Kane -- 1. Letter, Citizens' Committee The following letter, addressed to the Supervisor and Members of the Town Council by George E. Mills, Jr. , Chairman of the Town of Mamaroneck Citizens' Committee, under date of Au- gust 20, 1968, was read into the record: — "The Officers and the Board of Directors of the Town of Ma- matoneck Citizens' Committee have asked me to convey to you the following suggestions and proposals which were dis- cussed and voted upon at a conference held in my office on the evening of August 19th, 1968. The Citizens' Committee, after carefully analyzing the exist- ing situation as reported in the Daily Times of August 19, 1968 wishes to express its grave concern, not only with the admit- ted impasse in the solution to the current problems plaguing the Police Department, but also with the effect this situation has had and will have on the general problem of protection and public safety for Town residents. Recognizing the fact that all of the parties undoubtedly will abide by the decision of the court when it is handed down, the Committee feels that some positive steps must be taken by the Town in order to insure that there will be no recurrence of this problem or of similar ones in the future. It becomes increasingly obvious that the root problems go far beyond the question of solicitation of funds or of maintaining the integrity of any books or records. Morale and discipline are involved and cannot be divorced from such matters as pay scales, fringe benefits, table of organization, operating ef- ficiency and disciplinary action which is commensurate with the offense charged and proved. Because of the total effect these matters have upon the Police Department's operations and their direct relationship to the total safety of the community, it appears that a complete, ob- jective and professional evaluation of the Police Department at this time could only serve to improve our ;existing public safety program and minimize the risk of future conflicts. For this reason and because of our genuine concern over the present impasse, our Com_ittee feels that the services of an outside agency should be considered to help resolve current and future problems. Both the Department of Police Admin- istration at Indiana University and the Field Services Divi- sion of the International Association of Chiefs of Police are fully qualified to make a comprehensive, objective evalua- tion of our Police Department and invitations for proposals and invitations for proposals could be sent to both to deter- mine the cost of such an evaluation to the Town. The Com- mittee feels that funds expended in this manner would be money well spent. While we recognize full well the right of the Board of Police -13- ,Commissioners to be responsible for and control the day-to- day operations of the Police Department, we are also fully aware of the fact that only the Town Council is responsible for and accountable to the residents of the Town for over-all protection and safety. The Officers and the Board of Directors of the Citizens' Committee would also like to urge that Chief Mancusi, be- cause of his long tenure and familiarity with police depart- ` ment affairs as well as town problems, be retained as chief at least until this survey is completed. " The Supervisor stated that he, along with the other members of the Board, felt the suggestion of having an outside impartial objective study made to be an excellent one and that letters would be written to the qualified agencies within the week. During the lengthy discussion of this matter, the following persons spoke to the points enumerated in the foregoing let- ter, urging and demanding that the Town Board have the pro- posed study inaugurated immediately, remove the Police Com- mission from office, provide relief for Eugene Agnessanto by restoring him to his job, and retain Chief Mancusi at least un- til completion of the proposed study: Mr. George E. Mills, Jr. Mr. Harvey Burstein Mr. Harry N. Marvin Mr. Vincent Ciardullo Mr. Anthony G. Quadrine Mr. Carl Mirande Mr. John Porrazzo Mr. Philip Reisman Mrs. Mary Curtis Mrs. Elizabeth Lucas Mrs. Ann Sheinhouse Also heard was a Mr. Robert J. Lawrence who spoke on behalf of the Town Board and the Police Commission upholding their position in the entire matter. The final speaker to address the Board, Mr. Stuart B. Miller, Jr. , Town Democratic Chairman, commented that "the po- litical hay is well over head-high", adding "the sun is bright, the scythes are sharp, but there is one cloud - we feel that police and politics don't mix. " He continued saying that the Democratic Party was reluctant -14- to get into this on a basis of politics - and that the elected officials must resolve it. He stated that the Citizens Com- mittee was doing a good job; that it was the feeling of his Committee that the Board of Police Commissioners were the reason for the trouble and that that Board must be reconstituted. Mr. Miller further stated that the Democrats, despite re- luctance to take political advantage of the situation, cared deeply about Gene Agnessanto and Chief Mancusi. However, he further stated, in addition to this problem there were many other problems in the Police Department, each as important as that of Agnessanto, which had to be met and solved - naming as some, problems of promotion (a new Chief - a new Lieutenant - the elevation of Sergeants), whether the force was sufficiently manned, budget con- struction, PERB, election of a bargaining agent, the basic question of solicitation, and "moonlighting". In concluding his remarks, Mr. Miller observed that it was unfair of the public to say that the Town Board was do- ing nothing since it was doing a great deal - but the question was how well was it doing it? In reply to the requests made from the floor, the Board as- sured those present that it was as anxious as they to havea study such as had been proposed and that it would proceed immediately therewith. It was also stated that the Board had made every possible effort to resolve the impasse and get Eugene Agnessanto back on the job, and that it, the Police Commission and the Town Attorney in dozens of meetings with the PBA attorneys, the Messrs. Kirschenbaum, Junior and Senior, had sought to bring about this very thing, only to be always rejected by the Kirschenbaums who would permit only Judge Dempsey to hear the case, and who, as pointed out by the Town At- torney, were the lawyers representing the entire State of New York for the PBA and therefore interested in far more than just the Town of Mamaroneck. The Supervisor then concluded the discussion and after thanking those who had spoken for expressing their views, declared the meeting recessed for a period of ten minutes. MEETING RECONVENED Upon reconvening the meeting, the Supervisor called on Councilwoman Helwig to present her reports. Councilwoman Helwig -- 1. Authorization for Execution of Agreement NY State Conservation Department - Water Resources Division Councilwoman Helwig presented the Permit (No. 8-36-68) -15- issued to the Town by the New York State Conservation De- partment for filling 3. 835 acres in East Creek, which was herewith ordered received and filed for the record. She also presented the Memorandum of Understanding be- tween the Water Resources Commission of the State of New York and the Town, requesting that the Supervisor be au- thorized to execute same on behalf of the Town. And thereupon, on her motion, seconded by Councilman Nagel, it was unanimously RESOLVED, that the Supervisor be and he here- by is authorized to execute on behalf of the Town of Mamaroneck, the Memorandum of Under- standing (WRC Form #8 - Revised 11/1/66) be- tween the Town of Mamaroneck and the Water Resources Commission of the State of New York for the period from January 1, 1968 through De- cember 31, 1968, as herewith submitted by the said Commission and approved by this Board. 2. Receipt of Permit Army Engineers (Not on Agenda) Councilwoman Helwig advised the Board that the Army En- gineering Corps Permit had been received as of August 13, 1968. 3. Letter from Tax Receiver (Request for Exclusion of Certain Tax Liens from In Rem Foreclosure) Councilwoman presented the following letter addressed to the Board by the Receiver of Taxes under today's date: "I enclose correspondence from The New York, New Haven and Hartford Railroad Company, The New York State Thru- way Authority and the Village of Mamaroneck regarding certain tax liens owned by the Town of Mamaroneck now on my records. Since these letters raise a question as to the validity of these liens, I would request that they be excluded from the list of delinquent taxes that I am about to prepare in con- nection with the contemplated in rem tax lien foreclosure. " In accordance therewith, on motion by Councilwoman Hel- wig and seconded by Councilman Chalif, it was unanimously RESOLVED, that from after September 4th, 1968, the Town of Mamaroneck elects to adopt the pro- visions of Title 3 of Article Eleven of the Real Property Tax Law for the purposes of enforcing the collection of delinquent taxes in the Town of Mamaroneck; -16- and be it further RESOLVED, whereas request has been received from the Receiver of Taxes to exclude certain parcels of property otherwise includeable in the list of delinquent taxes for the reasons indicated in certain letters received from The New York, New Haven and Hartford Railroad Company, The New York State Thruway Authority and the Village of Mamaroneck, i. e. , a) From the New York, New Haven & Hart- ford Railroad as to -- Block 216 - Parcel 783 Block 603 - Parcel 509 Block 827 - Parcel 217 Block 905 - Parcel 303 as evidenced by letter from said New York, New Haven & Hartford Railroad Company dated August 9th, 1968; b) From The New York State Thruway Authority as to -- Block 131 - Parcel 68 as evidenced by letter from Brendan P. O'Carroll, Regional Counsel for The New York State Thruway Authority dated August 13th, 1968; c) From the Village of Mamaroneck as to -- -- Block 808 - Parcel 1 Block 818 - Parcel 22 Block 818 - Parcel 203 Block 820 - Parcel 24 Block 832 - Parcel 439 Block 832 - Parcel 470 as evidenced by letter from Armand J. Gianunzio, Clerk-Treasurer of the Village of Mamaroneck dated September 4th, 1968; that the Receiver of Taxes of the Town of Mamar- oneck is hereby authorized to exclude the fore- going parcels from the list of delinquent taxes. 4. Report on Signal - Weaver Street and Boston Post Road With reference to the installation of a 4-way red light at the intersection of Weaver Street and the Boston Post Road, Councilwoman Helwig reported that in reply to the letter, enclosing resolution adopted by this Board on August 7th, — forwarded to Director Charles E. Besanceney of the Traf- fic Engineering and Safety Division of the New York State Department of Transportation, he had advised that such in- stallation could not be made prior to the opening of school tomorrow but that an investigation would be made very promptly and that it was to be hoped that the signal would be -17- installed in the near future. She further advised that Mr. Besanceney had promised a second investigation following the opening of the pool. Mr. Widulski, the Town Engineer, reported that Messrs. Greer, Collins and Miller, State Traffic Engineers, had arrived today and would recommend installation of the light as requested. 5. Apportionments Councilwoman Helwig presented for authorization, the fol- lowing petitions submitted by the Assessor for the correc- tion of the assessment roll so as to permit the apportion- ment of taxes, and thereupon on her motion, seconded by Councilman Chalif, the following resolution was adopted by unanimous vote of the Board: WHEREAS, the Assessor has presented a petition for the correction of the assessment roll for cer- tain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Admin- istrative Code, known as the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the correction of said assessment roll: NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1967, school taxes of 1968, which shows property now appearing on the roll as follows: 1967-1968 Block Parcel Name , Land Imp Total 832 229 Inez Potter $ 1, 300 $ 7, 500 $ 8, 800 1968-1969 832 229 Inez Potter 1, 800 9, 000 10, 800 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: 1967-1968 Block Parcel Name Land Imp Total 832 229 Vil of Mam'k 100 100 832 230 Inez Potter 1, 200 7, 500 8, 700 -18- 1968-1969 .Block Parcel Name Land Imp Total 832 229 Vil of Mam'k. $ 100 $ $ 100 832 230 Inez Potter 1, 700 91 000 10, 700 and be it further -- RESOLVED, that the assessment roll of 1967, school taxes of 1968, which shows property now appearing on the roll as follows: 1967-1968 Block Parcel Name Land Imp Total 925 145 Earl B. Cole &W 7, 800 12, 300 20, 100 1968-1969 925 145 Earl B. Cole & W 15, 000 7, 900 22, 900 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: 1967-1968 Block Parcel Name Land Imp Total 925 145 Earl B. Cole &W 4, 300 12, 300 16, 600 925 157 Natalie Cole 3, 500 3, 500 1968-1969 925 145 Earl B. Cole &W 8, 300 7, 900 16, 200 924 157 Natalie Cole 6, 700 6, 700 and be it further RESOLVED, that the assessment roll of 1967, school taxes of 1968, and the assessment roll of 1968, taxes of 1969, which show property now appearing on the rolls as follows: 1967-1968 Block Parcel Name Land Imp Total 832 419 Manuel Pimental & 2, 500 8, 500 11, 000 or 1968-1969 832 419 Manuel Pimental 3, 600 3, 900 7, 500 & or be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: -19- 1967-1968 Block Parcel Name Land Imp Total 832 419 Washingtonville $ 1, 250 $ 8, 500 $ 9, 750 Realty Inc 832 424 Manuel Pimental 1, 250 1, 250 & or 1968-1969 832 419 Washingtonville 1, 800 3, 900 5, 700 Realty Inc 832 424 Manuel Pimental 1, 800 1, 800 & or and be it further RESOLVED, that the assessment roll of 1967, school taxes of 1968, and the assessment roll of 1968, taxes of 1969, which show property now appearing on the rolls as follows: 1967-1968 Block Parcel Name Land Imp Total 832 199 Jane Russo 1, 800 4, 500 6, 300 1968-1969 832 199 Jane Russo 3, 200 4, 300 7, 500 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: 1967-1968 Block Parcel Name Land Imp Total 832 199 Jane Russo 1, 500 4, 500 6, 000 832 207 Vil of Mamaroneck 300 300 1968-1969 832 199 Jane Russo 2, 300 4, 300 6, 600 832 207 Village of Mam'k. 900 900 and be it further RESOLVED, that the assessment roll of 1967, school taxes of 1968, and the assessment roll of 1968, taxes of 1969, which show property now appearing on the rolls as follows: -20- 1967-1968 Block Parcel Name Land Imp Total 813 26 John T. McKeever $ 3, 800 $ 6, 800 $ 10, 600 1968-1969 813 26 John T. McKeever 7, 800 7, 300 15, 100 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: 1967-1968 Block Parcel Name Land Imp Total 813 26 Arthur Isberg 1, 300 1, 300 813 31 John T. McKeever 2, 500 6, 800 9, 300 1968-1969 813 26 Arthur Isberg 2, 600 2, 600 813 31 John T. McKeever 5, 200 7, 300 1� 500 and be it further RESOLVED, that the assessment roll of 1967, school taxes of 1968, and the assessment roll of 1968, taxes of 1969, which show property now appearing on the rolls as follows: 1967-1968 Block Parcel Name Land Imp Total 812 447 Vito Luceno&W 2, 500 9, 300 11, 800 1968-1969 812 448 Vito Luceno& W 5, 200 10, 300 15, 500 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: 1967-1968 Block Parcel Name Land Imp Total 812 447 Charles Farley & W 300 300 812 448 Frank McGar 2, 200 9, 300 11, 500 1968-1969 812 447 Charles Farley & W 600 600 812 448 Frank Mc Gar 4, 600 10, 300 14, 900 and be it further -21- 1 RESOLVED, that the assessment roll of 1967, school taxes of 1968, which shows property now appearing on the roll as follows: 1967-1968 Block Parcel Name Land Imp Total 606 366 Chatsworth Realty Corp 6, 400 8, 100 14, 500 1968-1969 606 366 Chatsworth Realty Corp 12, 000 9, 500 21, 500 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: 1967-1968 Block Parcel Name Land Imp Total 606 366 Maple Hill Constr Cc 2, 100 2, 100 Inc 606 477 Village of Larchmont 2, 150 2; 150 606 482 Chatsworth Realty Corp 2, 150 8, 100 10, 250 1968-1969 606 366 Maple Hill Constr Co. 4, 000 4, 000 Inc 606 477 Village of Larchmont 4 , 000 4, 000 606 482 Chatsworth Realty Corp 4, 000 9, 500 13, 500 and be it further RESOLVED, that the assessment roll of 1967, school taxes of 1968, which shows property now appearing on the roll as follows: 1967-1968 Block Parcel Name Land Imp Total 503 515 Corina. Argenta 2, 300 6, 400 8, 700 1968-1969 503 515 Corina. Argenta 4, 800 7, 400 12, 200 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: 1967-1968 Block Parcel Name Land Imp Total 503 515 Marjorie Keegan 1, 100 1, 100 503 546 Corina Argenta 1, 200 6, 400 7, 600 -22- 1968-1969 503 515 Marjorie Keegan $ 2, 300 $ $2, 300 503 546 Corina Argenta 2, 500 7, 400 9, 900 and be it further RESOLVED, that the assessment roll of 1967, school taxes of 1968, which shows property now appearing on the roll as follows: 1967-1968 Block Parcel Name Land Imp Total 218 205 Munn Brewer 5, 700 10, 200 15, 900 1968-1969 218 205 Munn Brewer 6, 300 14, 800 21, 100 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: 1967-1968 Block Parcel Name Land Imp Total 218 205 Munn Brewer 1, 700 1, 700 218 210 John L. Csenge & W 4, 000 10, 200 14, 200 1968-1969 218 205 Munn Brewer 1, 700 1, 700 218 210 John L. Csenge & W 4, 600 14, 800 19, 400 Councilman Chalif -- Councilman Chalif stated that he had no report to submit at this time. Councilman Faiola -- 1. School Buses Councilman Faiola reported that he had met with Acting Chief O'Brien and with Chief Geary and investigated Mamaroneck for the Mamaroneck Avenue School . He stated that the only problem on Rockland Avenue had been the overhanging shrub- bery which had been cut back. He further advised that with the number of buses that are available, there would not be many children walking with re- spect to Fenimore Road and Rockland Avenue. -23- 2. Garrit Theatre Councilman Faiola highly commended the performance of the Garrit Theatre group and its after-theatre party, the funds from the performance being turned over to the Youth Council, Straight Gate, etc. Councilman Nagel -- 1. Joint Economies Study Committee Councilman Nagel reported for the Board's information that the Committee had been inactive during the summer as this was no time to try to get people together. He stated, however, the Committee's study was in pro- gress but going very slowly. The Town Attorney -- 1. Authorization of Lease (Town Offices) The Attorney advised that the lease for the Town Offices was now in order for the Supervisor to execute and re- quested that he be so authorized. Whereupon, on motion by Councilman Chalif, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to execute the lease for the Town Offices of the Town of Mamaroneck, for the per- iod from January 1, 1968 through December 31, 1969. 2. Petition - Residents, Baldwin Hills Area The Attorney presented the following petition signed by 30 residents of the Baldwin Hills Area, which, after some discussion and hearing Mr. Robert J. Lawrence of 12 Ja- son Lane, was referred to the Attorney: "We, the undersigned residents of the Town of Mamaro- neck, New York, respectfully request our Town Council to deliberate upon and adopt a local protective ordinance to effect the following intent:- To require the owner/s of any dog who defecates upon the private improved property of any other resident, or upon the public improved properties, or upon the sidewalks or improved roadways ad- jacent to said properties, to clean up such defe- cation without undue delay or be liable for the costs of cleaning up such defecation by the Town Sanitation Department. " -24- ': ADJOURNMENT There being no further business to come before the meet- ing, on motion duly made and seconded, it was declared adjourned at 10:30 p. m., to reconvene October 2d, 1968. 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 and authoriza- tion of payment, the Fire Department claims, and thereon on his motion, which was seconded by Commissioner Hel- wig, it was unanimously RESOLVED, that the following Fire Department claims, as audited by the Comptroller and ap- proved by the Fire Chief, are hereby approved, and the Supervisor and Comptroller hereby au- thorized to pay the same out of the Fire Depart- ment budget for 1968: Atlantic Service Center $ 206. 00 Breckenridge Linen Shop 111. 54 R. G. Brewer, Inc. 4. 11 Con Edison 112. 59 Con Edison 5. 00 Dri-Chem Extinguisher Co. 102. 25 Excelsior Auto Repair & Machine Works 152. 56 Nicholas G. LaRussell 23. 10 McGuire Bros. , Inc. 3. 50 Merson Uniform Go. , Inc. 222. 15 New York Telephone 57. 30 New York Telephone 35. 75 Park Radio & Television 343. 00 Village Paint Supply 18. 85 Village of Scarsdale-Water Dept. 1, 228. 00 Ward LaFrance Truck Corp. 29. 15 West. Jt. Water Works 2, 740. 00 Total $ 5, 394. 85 Z. Reports Commissioner Faiola presented the Fire Report for the month of August, 1968, which was ordered received and filed for the record. In.connection with the report, Commissioner Faiola mentioned that there had been some difficulty with the alarm systems both at Central School and Laic hmont Acres Apartments. =25- 2. Communications There were no communications to be presented at this meeting. 4. Other Business There was no other business to come before the Commission. 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared ad- journed at 10:40 p. m. , to reconvene October 2, 1968. Cha e J. G onberg To Clerk -26-