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HomeMy WebLinkAbout1968_10_23 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 23, 1968, 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 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. Widulski - Town Engineer APPROVAL OF MINUTES - The minutes of the regular meeting of October 9th, 1968 were presented, and on motion duly made and seconded, approved as submitted. OLD BUSINESS 1. Decision - Appeal for Sign Variances C. Mayone Corp. The Supervisor stated that a public hearing had been held on this application and decision reserved at the last meeting so as to afford the Board ample time to make another inspection of the premises with the Building Inspector and give the application its careful study and consideration. He inquired whe- ther any member of the Board wished to make any observation or further comment on the application at this time, whereupon Councilman Chalif stated once again that the present Ordinance had been adopted to rectify certain existing conditions and that, if the Ordinance were to be maintained, unless real hard- ship were shown in complying with its provisions, the Board had no alternative except to deny appeals for continuance of non-conforming signs. He pointed out that in recommending that this Appeal be denied, his recommendation was based on the facts that the applicant had been given the grace period -1- to amortize his investment with due notifications of violation, and had failed to disprove that only the existing non-conforming signs had productive adver- tising value or that he would suffer any hardship in making his non-conforming signs comply with the Sign Ordinance. Councilman Chalif stated that he, too, had re-visited the premises and he then requested that the Building Inspector' s memorandum addressed to the Board follow- ing his re-inspection of the said premises this morn- ing, be incorporated in the record of this meeting which was thereupon so ordered. Councilman Chalif read aloud the last paragraph of the Building Inspector ' s report, and stated that in view of the additional facts set forth therein coupled with the applicant having been given due and proper notifications of the grace period and its expiration by the Building Department, and failure to show that he would suffer any hardship whatsoever in making the existing non-conforming signs comply with the Sign Ordinance, he moved the adoption of the following resolution, which motion was seconded by Councilwoman Helwig: WHEREAS, C. Mayone Corp. , as owner of pro- perty known as 50 Boston Post Road, Larch- mont, New York, and more particularly set forth on the Tax Map of the Town of Mama- roneck as Block 411, Parcel 169, has sub- mitted to the Building Department an appli- cation seeking permission to maintain three (3) non-conforming existing signs as follows: Sign No. 1 - Free standing pole sign located in front of building in viola- tion of Sections 8 (d) and 10 (c) ; Sign No. 2 - Roof sign located over entrance canopy in violation of Section 8 (c) ; Sign No. 3 - Over-sized roof sign located on motel roof in violation of Sec- tions 8 (c) and 10 (c) , all of the above being illuminated signs ; and WHEREAS, said application was denied by the Building Inspector on the following grounds : Sign No. 1 - Free standing pole sign having three reasons for non-compliance - oversized face area, exposed illumination, and height of more than 15 feet. -2- Sign No. 2 - Roof sign over entrance can- opy having one reason for non-compliance - roof signs not permitted. Sign No. 3 - Roof sign on motel roof hav- ing two reasons for non-com- pliance - roof signs not per- mitted and sign is oversized; and WHEREAS, the applicant submitted as his reasons for seeking a variance so as to allow maintenance of all of the above set forth signs, the grounds that the signs, when installed in 1954, complied with the Building Code, that signs Nos. 1 and 3 are partly obscured by the building to the South and therefore must be their present size, and that sign No. 2 must be its pre- sent size as it is located 22 feet back of the street line, that their installation represents an investment of $3,552. 00 and that replacement would work hardship upon the owner; 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 Section 12 of said Article; and WHEREAS, a public hearing was duly called before this Board at its regular meeting had on October 9th, 1968 pursuant to Sec- tion 12 of Article 19 of the Building Code; and WHEREAS, the Board has reviewed the appli- cation and has heard all persons interested in the application, and finds that the con- ditions and standards required by Article 19, Section 8 of the Building Code of the Town of Mamaroneck will not be met; NOW, THEREFORE, BE IT RESOLVED, that the application of C. Mayone Corp, is hereby denied on the following grounds : a) As to Sign No. 1 - Free standing pole sign located in front of building. -3- Applicant has failed to show that any hardship would be caused by his hav- ing to make this sign conforming since a properly designed sign placed at the front southwest corner of the property would be completely visible to traffic proceeding in a northerly direction. b) As to Sign No. 2 - Roof sign over en- _! trance canopy. The applicant again has failed to show that any hardship would result from his having this sign conform with the Ordinance since the present sign complies with both the size and illumination requirements of the Ordinance and could be re-used and mounted on the front wall of the build- ing and be visible to the same amount of traffic as the existing non-conform- ing sign. c) As to Sign No. 3 - Oversized roof sign on motel roof. The applicant failed to show that hardship would result by his having this sign conform with the Ordinance since this single face roof sign is only visible to traffic pro- ceeding south to New York after pass- ing the intersection of Rock Ridge Road and Boston Post Road, and whereas a second free-standing sign placed at -- the southerly side of the entrance drive would be seen from a greater distance by traffic proceeding south and would also more clearly indicate the entrance to the motel, and be it further RESOLVED, that the applicant shall comply with the Sign Ordinance as presently con- stituted and shall remove the existing non-conforming signs within ten (10) days of the date of receipt of certified copy of this resolution, which shall be for- warded to the applicant and the Building Inspector. Upon roll call, the foregoing resolution was adopted by unanimous vote of the Board, all members thereof being present and voting "Aye". 2. Decision - Appeal for Sign Variance County Automotive Co. Inc. The Supervisor stated that a public hearing had been held on this application at the last meeting and decision reserved so as to afford the Board time to -4- again inspect the premises with the Building Inspec- tor and to give the application further study and con- sideration. He inquired whether any member of the Board wished to make any comment or observation at this time, where- upon Councilman Chalif advised that the Building In- spector and those of the Board who had viewed the pre- mises again noted that, as was stated in the Building Inspector ' s memorandum to the Board as of this date herewith filed as part of the record of this meeting, the subject sign could be re-used and re-located as shown by photographs Nos. 1 and 2 submitted with memorandum and filed as a part thereof, without adversely affecting the degree of visibility or caus- ing. the applicant undue financial hardship. Councilwoman Helwig observed that it had been noted at the public hearing that the existing free-stand- ing sign, which was in conformity with the Sign ordi- nance, was equally visible from both directions thus obviating any hardship to the applicant by way of non- ' visibility of signs. And thereupon since the Board signified to the Chair that it was ready for the question, on a motion offer- ed by Councilman Chalif, who noted for the record that the subject sign had been erected under temporary per- mit issued prior to adoption of the present Sign Ordi- nance, that due and proper notification of violation and of the grace period given for amortization of investment and expiration thereof had been served upon applicant by the Building Department, and that Appel- lant had failed to show that any hardship would be caused to him in complying with the Ordinance, which was seconded by Councilwoman Helwig, the following resolution, upon roll call, was adopted by unanimous vote of the Board, all members thereof being present and voting "Aye". WHEREAS, County Automotive Co. , Inc, as owner of property known as 194 Boston Post Road, and more particularly set forth on the Tax Map of the Town of Mamaroneck as Block 503, Parcel 123, has submitted to the Building Department an application seeking permission to main- tain one (1) non-conforming existing sign, 17 ' x 2 ' high, located at the nor- therly side of the building and non- conforming with Secti¢n.:.8 (a) of the Ordinance; -- and WHEREAS, said application was denied by the Building Inspector on the grounds that wall signs are permitted only on the front face of the building; -5- 023 and WHEREAS, the applicant submitted as his reasons for seeking a variance so as to allow maintenance of this sign, the grounds that when installed in 1961 the sign complied with the Building Code, that the sign had been designed with consideration given to the size of the building, its distance from the street line and its angle to the street line and Post Road traffic; and further that there was no adverse effect on surrounding properties since the building was located in a rapidly growing commercial area and that replacement of the sign would work financial hardship on applicant; 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 Section 12 of said Article; and WHEREAS, a public hearing was duly called before this Board at its regular meeting had on October 9th, 1968 pursuant to Sec- tion 12 of Article 19 of the Building Code; and WHEREAS, the Board has reviewed the appli- cation and has heard all persons interested in the application, and finds that the condi= tions and standards required by Article 19, Section 8 of the Building Code of the Town of Mamaroneck will not be met; NOW, THEREFORE, BE IT RESOLVED, that the application of County Automotive Co. , Inc. is hereby denied on the grounds that the applicant has complete- ly failed to show that any hardship what- soever would be caused him by his having to make this sign conform with the Sign Ordinance inasmuch as the subject sign could be re-used and re-located on the northerly wall of the showroom in confor- mity with the Ordinance and thus relieve applicant of the financial hardship of having to replace the sign; and be it further -6- RESOLVED, that the applicant shall comply with the Sign Ordinance as presently con- stituted 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 for- warded to the applicant and the Building Inspector. 3. Report and Authorization for Survey - Weaver Street Sidewalk, Murray Avenue to Bonnie Way The Clerk read into the record the following memor- andum addressed to the Board by the Town Engineer under date of October 23, 1968: "Pursuant to the Town Board Meeting of October 9, 1968, Gabriel Senor, Land Surveyor, has been engaged to prepare plat and topography maps of the areas of rock intrusion into the shoulder area along Block 106 Parcel 163 at a cost not to exceed $400. 00. "A request for a traffic safety survey has been forwarded to the Automobile Club of New York. "Also, discussions are underway with Consolidated Edison as to the possi- bility of temporarily rerouting a gas line which is located in the work area", and thereupon, on motion by Councilwoman Helwig, seconded by Councilman Nagel, it was unanimously RESOLVED, that engagement of Gabriel Senor, Land Surveyor, to prepare plat and topography maps of area along Block 106, Parcel 163 at a cost not to exceed $400. 00 is hereby approved. 4. Report - Signalization at Forest Avenue and Weaver Street The Clerk read memorandum addressed to the Board by Police Chief O'Brien under today ' s date which was ordered received and filed pending report and recommendations from the State. NEW BUSINESS 1. Snow Removal - State Highways Pursuant to communication of the Westchester County Commissioner of Public Works, dated October 9, 1968, —7- 3,25 and herewith presented and ordered received and filed for the record, on motion by Councilman Chalif, secon- ded by Councilman Faiola, the following resolution was adopted by unanimous vote of the Board, all mem- bers 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 vari- ous towns/villages in the County of West- chester 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 re- moval of snow and ice from the State Highways within the said Town in accordance with the provisions of Sect. 12 of the Highway Law as amended, and under date of October 18, 1967 extended the said contract for the 1967-1968 season, NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck extend the above mention- ed contract with the County of Westchester 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. 2. Snow Removal - County Roads Pursuant to communication of the Administrative Assis- tant of the Westchester County Department of Public Works, dated October 8, 1968, and herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Chalif, 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. 00 per mile for the 1968-1969 winter season. -8- 3 3. Authorization - Payment of Claim for Police Survey Pursuant to memorandum of the Comptroller dated Octo- ber 23, 1968, herewith presented and ordered received and filed for the record, on motion by Councilman Nagel, seconded by Councilwoman Helwig, it was unani- mously RESOLVED, that this Board hereby author- _ izes payment of the claim of Ronald A. Pincomb, Director, Indiana University Center for Police Training, in the amount of $171. 00 resulting from preliminary in- spection made of the status of law enforce- ment administration within the Town for study proposal. The Supervisor stated that three agencies had been interviewed but as of this date the only proposal received was that of the aforementioned and that it was hoped others, which were reported to be in the mail, would be received momentarily. 4. Authorization to Advertise for Bids - 48" Drain - Hommocks Pursuant to memorandum of the Engineer dated Octo- ber 21, 1968 herewith presented and ordered receiv- ed and filed for the record, on motion by Council- woman Helwig, seconded by Councilman Faiola, it was unanimously RESOLVED, that in accordance with law, the Town Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, a Notice for sealed bids to be returnable, opened and read aloud at a regular meeting of this Board on Wednesday evening, November 6, 1968, at 8:15 p. m. in the Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the installation of 48" Storm Drain in Hommocks. COMMUNICATIONS 1. Letter, The National Hemophilia Foundation Pursuant to letter addressed to the Town Clerk by The National Hemophilia Foundation, Metropolitan Chapter, under date of October 8, 1968, requesting permission to solicit funds during its annual drive from January 15th through May 30th, 1969, which was herewith order- ed received and filed for the record, on motion by -9- Councilman Chalif, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby grants permission to the Metropolitan Chapter, The National Hemophilia Foundation, to conduct its annual drive in the Town of Mamaroneck from January 15th through May 30th, 1969. REPORTS The Town Clerk - - The Town Clerk presented his report for the month of September, 1968, which was ordered received and filed for the record. Supervisor Kane - - 1. Fixing of Date - Presentation of Preliminary Budget The Supervisor, after calling attention to the fact that the law requires the preliminary budget be pre- sented between November 10th and 15th, inquired the Board' s pleasure as to fixing a date for a special meeting since the regular November meetings fall on November 6th and 20th. Whereupon, on motion by Councilwoman Helwig, seconded by Councilman Chalif, it was unanimously RESOLVED, that a special meeting of this Board be held on Wednesday, November 13, 1968, at 8:15 p. m. for the presentation of the preliminary budget of the Town of Mamaroneck for the year 1969. Councilwoman Helwig - - 1. Request of Tax Receiver - Cancellation of Liens Pursuant to letter addressed to the Board by Leo N. Otsino, Receiver of Taxes, under date of October 21, 1968 herewith presented by Councilwoman Helwig and ordered received and filed for the record, on her motion, seconded by Councilman Chalif, it was unani- mously RESOLVED, that pursuant to request of the Receiver of Taxes dated October 21, 1968, herewith presented and filed this Board hereby authorizes the said Receiver of Taxes of the Town of Mama- roneck to cancel the following tax liens on his records : -10- YEAR AND AMOUNT BLOCK PARCEL OF LIEN 131 68 1948 $ 5. 66 1949 12. 35 1950 13. 01 1951 12. 72 1952 13. 25 1953 14. 00 1954 14. 39 1955 14. 37 1956 9. 21 818 22 1952 2. 84 1953 3. 27 818 203 1952 3. 95 1953 4. 32 820 24 1953 3. 15 1954 24. 92 1955 24. 93 1956 27. 05 1957 28. 16 1958 28. 93 1959 30. 51 1960 32. 25 1961 32. 70 1962 33. 27 1963 34. 14 1964 37. 53 1965 39. 02 1966 40. 85 1967 43. 97 1968 48. 37 832 439 1952 3. 45 1953 3. 62 1954 3. 74 1955 3. 77 1956 3. 73 1957 3.47 1958 3. 42 1959 3. 56 832 470 1952 3.45 1953 3. 85 1954 3. 74 1955 3. 77 1956 3. 73 1957 3.47 1958 3. 42 1959 3. 56 2. Apportionments Councilwoman Helwig presented for authorization, the following petitions submitted by the Assessor for the -correction of the assessment roll so as to permit the -11-- 1� 3 � apportionment of taxes. She called to attention that 6 of these 8 petitions would lessen the roll by $750. 00 inasmuch as they were the Weaver Street sidewalk appor- tionments, and thereupon on her motion, seconded by Councilman Nagel, 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 certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Administrative Code, known as the West- chester 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 1968, taxes of 1969, which shows property now appear- ing on the roll as follows: Block Parcel Name Land Imp Total 705 493 James D. Moran $8,400. $18,200. $26,600. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557 : Block Parcel Name Land Imp Total 705 593 James D. Moran $4, 200. $18,200. $22,400. 705 502 Eric F. Holzer 4,200. 4, 200. and be it further RESOLVED, that the assessment roll of 1968, taxes of 1969, which shows property now appear- ing on the roll as follows: Block Parcel Name Land Imp Total 405 375 Mechtronics Corp. $1, 700. $ 1,700. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557 : Block Parcel Name Land Imp Total 405 376 Mechtronics Corp. $1,600. $ 1,600. 405 375 Town of Mamaroneck 100. 100. and be it further RESOLVED, that the assessment roll of 1968, taxes of 1969, which shows property now appearing on the roll as follows: -12- X130 Block Parcel Name Land Imp Total 405 371 Fred J. Anderson & W $5, 500. $19, 100. $24,600. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557 : Block Parcel Name Land IMP Total 405 372 Fred J. Anderson & W $5, 300. $19, 100. $24,400. 405 371 Town of Mamaroneck 200. 200. and be it further RESOLVED, that the assessment roll of 1968, taxes of 1969, which shows property now appearing on the roll as follows: Block Parcel Name Land IMP Total 405 358 Howard B. Grant & W $2, 700. $17,400. $20, 100. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557 : Block Parcel Name Land Imp Total 405 358 Town of Mamaroneck $ 100. $ 100. 405 359 Howard B. Grant & W 2,600. $17,400. 20, 000. and be it further RESOLVED, that the assessment roll of 1968, taxes of 1969, which shows property now appearing on the roll as follows : Block Parcel Name Land Imp Total 405 78 Lionel P. Marks & W $10, 300. $17, 200. $27 , 500. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557 : Block Parcel Name Land Imp Total 405 78 Lionel P. Marks & W $10,100. $17 , 200. $27 , 300. 405 106 Town of Mamaroneck 200. 200. 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 410 663 Bertha Meichtry $1, 000. $5, 000. $ 6, 000. 1968-1969 Block Parcel Name Land Imp Total 410 663 Bertha Meichtry $2,400. $6, 000. $ 8,400. -13- , be corrected as follows in accordance with the provisions of subdivision 5 of Section 557 : 1967 - 1968 Block Parcel Name Land IMP Total 410 663 Bertha Meichtry $ 950. $5, 000. $5, 950. 410 664 Town of Mamaroneck 50. 50. 1968 - 1969 410 663 Bertha Meichtry $2, 300. $6, 000. $8, 300. 410 664 Town of Mamaroneck 100. 100. 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 410 650 Helmut Kappelman & W $1, 000. $6, 200. $7, 200. 1968 - 1969 410 650 Helmut Kappelman & W 3, 100. 8,200. 11,300. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557 : 1967 - 1968 Block Parcel Name Land Imp Total 410 650 Helmut Kappelman & W $ 980. $6, 200. $7, 180. 410 651 Town of Mamaroneck 20. 20. 1968 - 1969 410 650 Helmut Kappelman & W $3, 050. $8, 200. $11, 250. 410 651 Town of Mamaroneck 50. 50. 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 605 50 Arthur H. Stromberg & W $6,500.$12, 500. $19, 000 -14- 332 1968 - 1969 Block Parcel Name Land Imp Total 605 50 Arthur H. Stromberg & W $7,600. $14, 200. $21, 800. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557 : 1967 - 1968 Block Parcel Name Land Imp Total 605 50 Protano, Inc. $2, 500. $ 2, 500. 605 167 Arthur H. Stromberg & W 4,000.$12,500. 16, 500. 1968 - 1969 605 50 Protano, Inc. $2,900. $ 2, 900. 605 167 Arthur H. Stromberg 4,700.$14,200.$18, 900. 3. Report - Thruway Noise Abatement Meeting Councilwoman Helwig called attention to the copy of her statement of last Wednesday evening, October 16th, at the New Rochelle meeting with representatives of the New York State Thruway Authority. She stated it was a good meeting and that it had been brought to the attention of the Thruway officials that noise had not been controlled on the Thruway and that much more need- ed to be done both in noise control and in plantings along the right of way. Councilman Chalif - - Councilman Chalif stated that he had no report to present at this time. Councilman Faiola - - 1. Request for Tax Exemption Larchmont Reservoir Property (Not on Agenda) Councilman Faiola recalled to the Board the Larchmont Village Attorney' s request for whole or partial tax exemption of that portion of the reservoir property and facilities located in the Town as presented at the last meeting, stating that he felt the Town should reply to the Village. After discussion during which the Town Attorney's memor- andum stating that sub-division 3 of Section 406 of the Real Property Tax Law had been amended by Chapter 835 -15- 333 of the Laws of 1968 making such exemption permissive rather than mandatory was reviewed and it was point- ed out if the said property and facilities were to be wholly or partially exempt from taxes that the Town would be subsidizing the Village inasmuch as the Village derived revenue from the sale of water from the said reservoir, it was the consensus of the Board ' s thinking that the request be denied and thereupon on a motion by Councilman Faiola, seconded - by Councilman Chali£, the following resolution was unanimously adopted: WHEREAS, the Village of Larchmont through its attorney, George P. Forbes, Jr. , requested that the Town exempt from real property taxation water plants, pumping stations, water treatment plants and reservoirs owned by a municipal corpora- tion not within its own corporate limits ; and WHEREAS, Mr. Forbes further went on to point out that this exemption from taxes could be given in whole or in part by the municipal corporation in which such property and faci- lities were located provided the Governing Board thereof so agreed in writing; and WHEREAS, he asked on behalf of the Village of Larchmont that the Town of Mamaroneck consider wholly or partially exempting such property and facilities from taxation by the Town; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby denies the request of the Village of Larchmont for whole or partial tax exemption of that portion of the Larchmont Reservoir property and facili- ties located in the said Town of Mamaroneck. Councilman Nagel - - 1. Proposed Survey - Police Department (Not on Agenda) Councilman Nagel stated that the Board had committed itself to having an outside study of the Police Depart- ment made at the earliest possible opportunity and to this end, had contacted three agencies in order to obtain preliminary proposals therefor. He observed that at the time this commitment had been made, the two villages had been invited to join with —1-6- 334 ' the Town as participants for such a study. First, he said, the Village of Mamaroneck decided that it did not wish to participate because of the timing, and then very recently the Village of Larchmont had decid- ed that it did not wish to join the Town at the present time either. He then stated that as he now saw it, the Town had two problems before it - one short range and one long range; the short being to get Mr. Agnessanto back on the job, the long a joint endeavor for the policy study. In view of the two villages ' refusal he said that he felt sincerely at this time the Board could only recom- mend deferment of the study pending solution of the Town' s immediate problem and the inauguration of a joint study. He further said he firmly believed this study should be made jointly from a long range point of view and that even if the Town were joined by only one village the requirements would be met for eligibility for Federal aid and he thereby offered a motion for such deferment which was seconded by Councilman Chalif. Mr. Anthony Mirande Mr. Mirande of the Citizens Committee, upon recognition by the Chair, addressed the Board to state he would have more or less agreed with Councilman Nagel had this been recommended some time ago. He further said the Village of Mamaroneck would not go along and now the Village of Larchmont would not either so the Town should go along by itself. The Supervisor The Supervisor suggested that the cost of such study should be spoken of, pointing out that the only propo- sal received to date was for a Town-Village of Larchmont study costing some $17, 500. He emphasized again that if there were two or more communities participating, 75% of the cost of a study (whatever it might be) would be paid by the Federal government. Mr. Mirande Mr. Mirande inquired whether such a study would be made for three communities at the same price as for two. In reply, Councilman Nagel stated that that question could not be answered since the only proposal received had been submitted by the Indiana University Center for Police Training based on a two-community study. He had hoped originally, he continued, that when the Town lost the Village of Mamaroneck, it would still have the Vil- lage of Larchmont. Now, it seemed not. No outside group, he said, is going to come in and solve our inter- nal problem nor should we expect any to do so. It is our problem and we must solve it. -17- 335 Councilman Faiola Councilman Faiola stated that apparently the agencies contacted for proposals had assumed that there would be at least two communities participating -- which changed his understanding and that he would now rather see a second proposal submitted for just the Town, which had been his impression when it had been agreed to have such a survey made. Councilwoman Helwig Councilwoman Helwig stated that as Councilman Faiola knew when the representatives were here they were unanimous in pointing out that one of the problems with a study for just the Town was that there was not a broad enough base and further that a broader base would be better for police efficiency. She pointed out particularly that Mr. Reinke of the International Association of Chiefs of Police offered specialized services as to organization and training for improving police administration and efficiency. Mrs. Mary Curtis Upon recognition by the Chair, Mrs. Curtis stated that the public had been assured that the Town would be given this survey and asked why the Board was reneging now. In reply, it was stated that it was simply felt that the study would be of far greater value if it were deferred until it could be a joint endeavor with at least two com- munities in participation. Mrs. Curtis then stated that Councilman Nagel had a motion on the floor to deny the Town this survey. Councilman Nagel replied that he was not trying to deny - only trying to defer or postpone the survey, and Council- man Chali£ stated that when the Town underwrote this study it wanted to be sure that it would get the right kind of study which would tell it how to best provide police protection and police operation. He said that no one was trying to push off such a study and that no one was trying to keep the Police Department from pub- lic scrutiny which certainly would be impossible anyway in view of the newspaper, the Citizens Committee and the police themselves. Mr. Peter Mosher Mr. Mosher, upon recognition, stated that he felt Coun- cilman Nagel ' s motion was premature and should be post- -- poned until all three proposals were received so that the Board could see what the recommendations were and he hoped the Board would put over the question until all of the proposals were in. -18- 06 The Supervisor agreed with Mr. Mosher ' s suggestion and Councilman Nagel stated that he, too, agreed except that the Town must now work on a different set of speci- fications since the ground rules would change based on a study for only the unincorporated area, and according- ly he withdrew his motion- and Councilman Chalif with- drew his second. The Supervisor then declared that the discussion was tabled, and the matter deferred to the next meeting. Mrs. Curtis thanked the Board for its time and considera- tion. The Town Attorney - - 1. Proposed Dog Ordinance (Not on Agenda) The Attorney advised Mr. Robert Lawrence, who was present, that he had been unable to contact any attorney or any municipality where such an Ordinance as Mr. Lawrence had suggested had been written and that while the suggested ordinance was good, he did not know where and how it could be enforced. He added that there were, of course, "curbing your dog" ordinances. Mr. Lawrence stated that most owners of dogs had large properties and that sani- tation problems of the animals should be the responsi- bility of their owners and taken care of on their pre- mises. Mrs. Helwig then asked whether the Town could require that dogs be kept on their owner ' s premises. In connection with this entire subject, Councilman Chalif recalled the days of horses and carriages, stating that most persons had forgotten about the men with the shovels and carts which had cleaned up the streets. He further stated that he did not agree that most owners of dogs had large properties and that there would be a very real and practical problem if such an ordinance as had been proposed were adopted and the Town was to have the Police try to enforce it. Mr. Lawrence again stated that the purpose of the ordi- nance as proposed was to have the owners of the dogs be required to do the cleaning up or have the Sanitation Department do it with the owner billed for the charges. Councilman Chalif then asked how the Town would collect this money, explaining the prohibitive difficulties and expenses of legal procedure involved and adding that "you cannot legislate people to do what they will not do out of common decency".' -19- 337 The Town Clerk then advised the Board that he was aware of the particular situation which had prompted Mr. Law- rence ' s proposed ordinance and visit to the Town Attor- ney, and suggested that the Supervisor and Attorney together visit the person concerned to see if the situ- ation could not be resolved, which accordingly was so directed by the Board. OTHER BUSINESS 1. Mr. Peter Mosher Mr. Mosher stated that he had three questions as follows: Question No. 1 - What was the status of the unified Code? The Attorney replied that the copy was about to be set up for publication and it was hoped proofs would be ready to be submitted to the Board in the near future. Question No. 2 - The status of the Insurance Program? He stated that he was particularly interested because he understood the -Police Department did not have false arrest coverage and because the Town could have saved money if it could have bought the "package". The Supervisor, in reply, stated that there had not been any false arrest suit in the Town as yet, but that the matter was under study and that a report was anticipated soon. Question No. 3 - Status of Town Hall? In reply, Mr. Mosher was advised by the Supervisor that there was no question of the need for a Town Hall and certainly of the need for new Police facilities, which it was hoped might come into being since the Town would be saved some $1, 000, 000. 00 in view of the fact that it would not have to build a new incinerator. He advised further that the entire County was working on the truck-compressing-type of garbage collection truck and hauling solution and that Croton would be available for a period of at least two years. This led to discussion of the $10, 000. 00 appropriation item included in the 1968 budget for bonding costs for the acquisition of property for a new Town Hall with Mr. Johnston pointing out that the acquisition of pro- property cost in amount of $282, 000. was subject to permissive referendum as a General Town Charge and Mr. Mosher observed that the year had passed with no action taken on the proposed Town Hall and Police Headquarters project. -20- ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9 :20 p. m. , to reconvene November 6, 1968. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Claims Commissioner Faiola presented for approval and author- ization of payment, the Fire Department claims, and thereon on his motion, which was seconded by Commis- sioner Helwig, it was unanimously RESOLVED, that the following Fire Depart- ment claims, as audited by the Comptroller and approved by the Fire Chief, are hereby approved, and the Supervisor and Comptroller hereby authorized to pay the same out of the Fire Department budget for 1968: R. G. Brewer, Inc. $60. 87 Con Edison 97. 92 - Dri-Chem Extinguisher Co. 54. 05 Excelsior Auto Rep. & Mch. Wks. 350. 82 The Larchmont Print 34. 50 Anthony N. Librandi 10. 00 Philip Librandi 53. 00 McGuire Bros. , Inc. 7. 00 New Rochelle Water Co. 71. 25 Park Radio & Television 2. 95 Westchester Joint Water Works 2,740. 00 Total $3,482. 36 2. Reports There were no reports to be presented at this time. 3. Communications There were no communications to be presented at this time. 4. Other Business Commissioner Faiola reminded the Board that the Annual Inspection and Parade of the Town Fire Department -21- 339 would take place tomorrow evening, inquiring whether the Fire Chief had something to add. The Chief issued a cordial invitation to all to attend and asked the press to carry the item stating that the parade would start at 7 :30 p. m. and reminding the people along the line of march to have their outside lights on as they did every year. 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9 :30 p, m. to reconvene on November 6, 1968. Char J. onberg To lerk _22_