Loading...
HomeMy WebLinkAbout1960_05_04 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MAY 4th, 1960, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEA- VER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8.15 p,m. PRESENT: Supervisor Burchell Councilman Kane Councilman Brush Councilwoman Helwig ABSENT: Councilman Santoro ALSO PRESENT: Mr. Gronberg - Town Clerk Mr, Delius Town Attorney Mr. Friedlander - Engineer & Supt, of Highways Mr. Orsino - Comptroller Mr. Finson - Accountant Mrs. Brewer Secretary APPROVAL OF MINUTES The minutes of the special meeting of April 4th, 1960 and of the regular meeting of April 6th, 1960 were approved as presented. OLD BUSINESS 1. Report on Bids--Sewer Construction, Althea Lane In the absence of Councilman Santoro, upon the Attorney's re- port that the bids for the construction of sanitary sewer and ap- purtenances in Althea Lane had been examined and were found to be in order as submitted and recommendation by Councilman Kane that the low bid therefore be accepted, it was on his mo- tion, which was seconded by Councilman Brush, unanimously RESOLVED that this Board hereby accepts the low bid, to wit, the bid of Messina & Briante, Inc. , in the amount of $2, 452. 00, for the construction of sanitary sewer and appurtenances in Althea Lane, Town of Mamaroneck, in accordance with the plans and specifications for such construction filed in the _ Office of the Town Clerk; and be it FURTHER RESOLVED that the Town Clerk be and he hereby is authorized to return the certified checks called for in the bid specifications to all bid- ders except the successful bidder. �4 NEW BUSINESS 1. Authorization of Salary Increments Upon presentation of a memorandum from the Supervisor re- questing approval of the following salary increments, on mo- tion by Councilman Brush and seconded by Councilwoman Hel- wig, it was unanimously RESOLVED that, in accordance with the Compensation Plan of the Town of Mamaroneck, this Board hereby authorizes payment of the following salary increments, to be effective as of the dates herein stated, to the fol- lowing employees of the Town of Mamaroneck: Present Proposed Name Position Salary Inc. Salary Effective Date F. Felice Fire Truck Driver 5, 232. 195, 5, 427. 8/17/60 J. Garofalo IT 5, 037. 195. 5, 232. 9/ 7/60 J. Bissaccia Police Patrolman 5, 698. 216. 5, 914. 9/ 7/60 N. Giacomo °P 5, 482. 216. 5, 698. 9/ 7/60 T. Neff " 5, 482. 216. 5, 698. 10/ 5/60 COMMUNICATIONS 1. Adjustment of Salary, Public Health Nurse The Clerk presented a letter from the Mamaroneck Health Gen- ter, Inc. , dated April 20th, 1960, advising that the Westchester County Personnel Division had announced salary increases for personnel beginning April 11th, 1960, and therefore requesting adjustment of the Public Nurse°s salary retroactive to that date. Whereupon, on motion by Councilman Kane and seconded by Councilman Brush, it was unanimously RESOLVED that this Board hereby authorizes a salary increase from $4, 230.00 per annum to $4, 470. 00 per annum, retroactive to April 11, 1960, to Miss Mary Susan Gillispie, Public Health Nurse; and be it FURTHER RESOLVED that the Compensation Plan of the Town of Mamaroneck adopted on January 5th, 1960, be amended so as to read as follows: 4th Inc. & Minimum lst Inc. 2nd Inc. 3rd Inc. Maximum Publ Health Nurse 4, 470. 4, 790. 5, 110. 5, 430. 5, 750. Z. Request for Voting Machines--Board of Education The Clerk presented a request from the Board of Education, dated April 26th, 1960, for the use of three voting machines for the General Association and Class Elections at Mamaro- neck High School on May 13th, 1960. Whereupon on motion by Councilwoman Helwig and seconded by Councilman Brush, it was unanimously RESOLVED that this Board hereby authorizes the use of three voting machines on May 13th, 1960, at Ma- maroneck High School for the General Association and Class Elections, 3. Request to Use Jefferson Street for Parking--Mrs, Malcolm C. Platt The Clerk presented a letter, addressed to him under date of April 25th, 1960, by Mrs, Malcolm C. Platt of 21 North Chats- worth Avenue, Town, requesting use of Jefferson Street for parking purposes. After some discussion and consulting with the Town Attorney as to the status of this street, it was directed that this matter be carried over to the next meeting pending further study and personal inspection by the members of the Board, The Supervisor was directed to so advise Mrs. Platt, 4, Walkway on Weaver Street--George Co Mulcahy The Clerk presented a letter from George C. Mulcahy of 172 Myrtle Boulevard, Town, dated April 21st, 1960, advising that Mr, Mulcahy intended to hold the Town responsible for any loss or damage in value t9 his property located on the corner of Wea- ver Street and Palmer Avenue and extending approximately 159 feet south of Palmer Avenue along Weaver Street, resulting from the construction of a walkway along Weaver Street now be- ing undertaken by the Town together with the State of New York. The Board ordered this communication received and filed and directed the Clerk to reply, acknowledging the letter and ad- vising that the matter was being taken under consideration, 5. Notice of Public Hearing--Village of Larchmont The Clerk presented a notice of public hearing before the Board of Trustees of the Village of Larchmont on May 3rd, 1960, for the consideration of three applications for sign variances, which, following the Attorney's report to the effect that none was of con- cern to the Town, was ordered received and filed, COMMUNICATIONS (Not on Agenda) 1, Notice of Public Hearing--New Rochelle The Clerk presented a letter from the City of New Rochelle Zon- ing Board of Appeals, dated April 29th, 1960, enclosing notice of hearing on May 10th, 1960, on the application of Mr, Milton R. Stohl of 108 Pengilly Drive, New Rochelle, which was re- ferred to the Town Attorney and ordered received and filed, Z. Request for Release from Bond--Harold Blass The Clerk presented a letter from Harold Blass, Attorney for Gabriel Vitro, dated May 4th, 1960, requesting his clients' release from bond No, 217522 of the Queen Insurance Company covering completion of certain street improvements on Split Tree Road, "Subdivision Map of Section 4, Murdock Woods", in the Town of Mamaroneck, since the Town Engineer had ad- vised that said improvements had been completed in a satis- factory manner. Whereupon, following certification by the Town Engineer that the said improvements had been completed in a satisfactory manner, on motion by Councilman Kane and seconded by Coun- cilman Brush, the following resolution was adopted unanimously WHEREAS, heretofore on November 10th, 1958, Gabriel Vitro of 525 Rockland Avenue, Mamaroneck, New York, filed a bond No. 217522 of the Queen Insurance Company, dated that date, in the amount of $5, 500. 00, for the com- pletion of certain street improvements including utilities in accordance with plans and specifications and as dir- ected by resolution of the Planning Board of the Town of Mamaroneck adopted November 17th, 1958 after re- scinding of original resolution of May 5th, 1958, per- taining thereto; and WHEREAS, the improvements required to be made by said resolution of the Planning Board and for which said bond was filed have been completed to the satisfaction of the Engineer of the Town of Mamaroneck; NOW, THEREFORE¢ BE IT RESOLVED that the Town of Mamaroneck hereby re- leases Bond No. 217522 of the Queen Insurance Company of America, as surety, and Gabriel Vitro, as principal, dated November 10th, 1958, in the amount of $5, 500. 00; and be it FURTHER RESOLVED that Gabriel Vitro and/or his at- torney, Harold Blass, be notified of the adoption of this resolution and that a certified copy thereof be forwarded to same. REPORTS The Clerk presented the following reports which were received and filed- Report of the Building Inspector for the month of April, 1960. . n Report of the Westchester Shore Humane Society, Inc, for the month of April, 1960, Report of the Receiver of Taxes and Assessments for the month of April, 1960. Report of Receipts and Disbursements, Town of Mamaro- neck, for the period from January 1st to March 31st, 1960, REPORT OF THE SUPERVISOR 1. Letter from Thruway Authority--Speed of Truck Traffic The Supervisor read a letter from Milton D. Stewart, Special Counsel of the Thruway Authority, dated April 19th, 1960, stating in reply to his letter of April 8th written at the direc- tion of the Board, that the matter of the operation of the truck traffic on the Thruway in violation of the present speed limit had been referred to Robert V. Annett, Commander of the Thruway Detail of the State Police, for appropriate action. 2. Letter from Thruway Authority--Signs for Larchmont and Rubbish Clearance The Supervisor read a letter from William F. Bristow, Divi- sion Engineer, New York State Thruway Authority, dated May 2nd, 1960, written in reply to his letter of April 29th request- ing that signs indicating Larchmont be posted at appropriate Thruway exits and that the condition caused by discarding of rubbish by cars traveling on the Thruway in the vicinity of New Harmon Drive be corrected, and advising that the re- quest for signs had been transmitted to the Director of Traf- fic for consideration and that the Thruway maintenance forces had been requested to keep the area referred to under sur- veillance and remove such rubbish at frequent intervals. REPORTS OF THE COUNCILMEN Councilman Santoro -- No report was presented in the absence of Councilman Santoro. Councilman Kane -- 1. Request of Junior Chamber of Commerce Councilman Kane recommended that the request of the Junior Chamber of Commerce to paint house numbers on the curbs as a service project to the community be granted with the ex- ception of three streets in the Town, the Post Road, Palmer Avenue and Fenimore Road, where the discrepancy in num- bers in the unincorporated section and the two villages was presently under study for correction, and on his motion which was seconded by Councilwoman Helwig, it was unan- imously RESOLVED that this Board hereby grants permission to the Mamaroneck Larchmont Junior Chamber of Commerce to paint house numbers on the curbs in front of all residences on streets in the unincorporated section of the Town of Mamaroneck with the exception of Palmer Avenue, Post Road and Fenimore Road, it being understood that approval of the occupant of each property will be obtained before painting; and be it FURTHER RESOLVED that this Board hereby expresses its gratitude to the Mamaroneck Larchmont Chamber of Commerce for this highly!commendeable service pro- ject to the community, Mr, John Rapaac, Project Chairman for the Junior Chamber of Commerce, who was present, addressed the Board outlin- ing the detailed working plans for carrying out the project and thanking the Board for its attention and for granting the request, 2. Use of Land near Dillon Park for Recreational Purposes Councilman Kane reported in some detail on a preliminary meeting held in connection with a proposal that certain land located near Dillon Park and owned by Sidney Doherty, which was reported to be available to the Town at a nominal rental, be acquired or rented to be used for recreational purposes. He stated that at that meeting, Councilwoman Helwig had been asked to present this matter to the Recreation Commis- sion for its study and report, and for the purposes of the record, Councilman Kane requested that she present the Commissions report thereon to this Board, which read as follows. "At the April 11, 1960 meeting of this Commission, Coun- cilwoman Christine K. Helwig brought to our attention the availability for recreational purposes of a substantial tract of land in the Dillon Road section of the unincorporated area of the Town of Mamaroneck, Mrs, Helwig further advised that there was reasonable probability that all or at least a substantial portion of this tract could be leased from the present owners at a relatively nominal rent and that the Town Board had referred the matter to this Commission for study and report. All of the members of this Commission and the Recreation Superintendent have given careful consideration to the mat- ter, The Commission is unanimously of the opinion that this tract is desirable for recreational use and that it should be so developed provided a lease of all or a substantial por- tion can be negotiated for a reasonable duration upon terms within the framework of our budget," Whereupon, after a quite lengthy discussion of such matters as the amount of the taxes on this property, the checking of insur- ance, the preparation of a lease, etc. , the Supervisor sug- gested that all such necessary information be obtained and a meeting of the Public Works and Recreation Departments held prior to the next meeting of the Board so that a full and complete report on this matter could be presented at that time, which the Board directed be done with the matter carried over to the next meeting of the Board. 3, Violations--Doherty Property In connection with this matter, Councilman Kane reported that most of the violations had now been corrected and that the shack would be removed by May 16th, completing cor- rection of all violations. Councilman Brush -- Councilman Brush stated that he had no report other than Fire matters. Councilwoman Helwig -- 1, Park Department Councilwoman Helwig reported that the Park Department was proceeding with its planting and that, if the weather held, all planting would be completed in accordance with the schedule of the department by May 31st. 2, Cargill Park Councilwoman Helwig reported that the matter of repair or replacement of the rest rooms and drinking fountain at Car- gill Park was under study and that a full report would be ready by the next meeting of the Board. 3. Memorandum--Ordinances Licensing Solicitations of Funds Councilwoman Helwig presented a written memorandum to the members of the Town Board, dated today's. date, Re. Ordi-. nances licensing solicitations of Funds, which was ordered re- ceived and filed. REPORT OF THE TOWN ATTORNEY 1. Request for Motel Ordinance The Town Attorney reported that theP'olice Commission and Police Department had requested an ordinance exercising greater control over motels. He stated that he had drafted such an ordinance which had been reviewed and approved by both the Commission and Department, and presented a copy thereof to each-member of the Board for study prior to the next meeting of the Board when it would be submitted for consideration. Z. Claim for Damages -Rita Tishman The Town Attorney presented a claim filed by Rita Tishman — against the Town of Mamaroneck in the amount of $38. 00 for the replacement of two Hemlock trees at $15.00 each and one Forsythia bush at $8. 00 on her property at 1000 Old White Plains Road, which had been damaged by a Town sanitation truck on March 4th, 1960, which was not covered by insur- ance due to the $50. 00 deductible clause. The Superintendent of Highways, Mr. Friedlander, who was present, confirmed the claim and recommended its payment, and thereupon, on motion by Councilman Kane, which was seconded by Councilman Brush, it was unanimously RESOLVED that this Board hereby authorizes pay- ment of claim in the amount of $38. 00 to Rita Tish- man of 1000 Old White Plains Road, Town, subject to the Town Attorney's obtaining a court order pur- suant to Section 68 of the Town Law. 3. Conference--New York State Office for Local Government The Attorney presented a letter addressed to him by Frank C. Moore, Chairman of the New York State Office for Local Government, inviting him to participate in a Workshop on "Preview of Local Government", to be held in Albany, June 5th - 8th, and requested authorization to attend if such were the pleasure of the Board. Whereupon, on motion by Councilman Kane and seconded by Councilman Brush, it was unanimously RESOLVED that the Town Attorney be and he hereby is authorized to attend a Workshop on "Preview of Local Government", to be held by the New York State Office for Local Government in Albany, New York, from June 5th - 8th, 1960, with expenses to be paid by the Town. 4. Town Celebration Bill The Town Attorney reported that the Governor had vetoed the Town Celebration bill, Assembly Introductory No. 3778, Print No. 3926, on April 14th, with a message stating that on the rec- ommendation of the Comptroller, he felt that monies appro- priated for this purpose should be subject to audit in the same way as other town charges, rather than to be paid to a commit- tee to be appointed by the Town Board and to make a report to that Board, The Governor further commented in his message that the Town Board had the authority under Section 64 (14) of the Town Law to appropriate up to $5, 000,00 for such purpose but the Attorney pointed out that such an appropriation was subject to a mandatory referendum. Following some further discussion of this matter, it was the unanimous thinking of the Board that a committee of seven members be appointed to plan and handle the celebration, and the Supervisor was requested to submit recommendations for members of such a committee at the next meeting of the Board, 5. Water Distribution System Bill The Town Attorney reported that the Governor had signed the Geoffre bill, Assembly Introductory No, 1699, Print No, 1699, amending the Town Law so as to permit condemnation of ease- ments through private property so as to allow the installation of water mains through private property, which bill the Board sponsored and endorsed in a resolution adopted at the February 3rd meeting, 6. Zoning Violation--John A. and Armando Mignarri 7 Harrison Drive, Town The Town Attorney reported that this property was apparently owned by Joseph Spano and not by Mignarri, which matter he was presently searching, and he requested authorization there- for to institute an action against the owner and occupant to en- join the violation of the Zoning Ordinance by operating a com- mercial nursery business in a residence zone. Whereupon, on motion by Councilman Brush and seconded by Councilwoman Helwig, it was unanimously RESOLVED that the Town Attorney be and he hereby is authorized to institute an action in the Supreme Court for an injunction against Joseph Spano and Mignarri Brothers to prevent the use of the property located at 7 Harrison Drive, Town of Mamaroneck, for commercial business, 7. Application of Palmer Avenue Offices Corporation The Attorney reported that the application of Palmer Avenue Of- fices Corporation for review of assessments covering Block 821, Parcel 233 for the years 1956 through 1959 inclusive, which is the property on Mamaroneck Avenue formerly occupied by Mc- Intosh factory and now occupied by Kraus Periodicals, had been placed on the calendar for the month of June. He stated that it probably would not be reached at that time but said that he felt the Board should give consideration to the employment of an ex- pert appraiser in preparation for the trial. 8. Drainage Condition--Semenza Property, Post Road The Attorney reported in connection with this matter that at a conference attended by the owner of the property and his at- torney, and officials of both the Village of Larchmont and the Town, it had been generally agreed that the cost of repairing the drain would be approximately $7, 200, 00, less an allow- ance of $1, 200,00 for one hundred feet of 48" pipe to be sup- plied by the State Department of Public Works, or $6, 000, 00, He further stated that at that time it had been tentatively agreed, subject to approval by the Town and Village Boards, that the Town and Village would each contribute $2, 000,00 in material and labor, with the remaining $2, 000, 00 to be contributed by the owner, Mr. Semenza, However, he further advised that after said conference, Mr. Gilligan, Mr. Semenza's at- torney, had advised that his client had only $500.00 in available funds at the present time, Mr. Gilligan, who was present at the meeting, confirmed the Attorney's statement but added that his client was willing to pay the $2, 000, 00 if such payment could be made in install- ments. Following a lengthy discussion and after the Attorney advised the Board that any agreement for payment by installments would be contrary to the constitution and applicable statutes be- cause it involved the loan of money or credit by the Town to an individual, Mr. Gilligan suggested that he again contact his client to see if further money could be raised to which the Board agreed with referral of the matter to the attorneys and Department of Public Works for further report. 9. Bond--Soundview Woods, Inc. The Attorney reported that the bond of Soundview Woods, Inc. in the amount of $155, 740. 00, on which Continental Casulty Company was surety and which provided for the completion of certain street improvements required by the Planning Board of the Town of Mamaroneck in its resolution of March 4, 1957, had become forfeit on the 8th day of April, 1960. He further stated that although prior to that time Soundview Woods, Inc. had been notified of the fact, no request for an extension had been made until April 13th, 1960, when the Planning Board was requested to consider granting an extension at its meet- ing to be held on May 2nd. The Attorney also stated that, in the meantime, he had been in touch with the representative of the Continental Casulty Com- pany who had suggested that the company release $30, 000.00 of the collateral held by it and pay the same to contractors to complete a part of the street improvements so as to enable Soundview Woods, Inc, to sell the houses fronting on those streets, and in connection with this, that extension of the bond had also been urged. The Attorney further reported that he had attended the May 2nd meeting of the Planning Board, and that on his advice, the Board had taken no action in connection with extension of the bond, and he recommended to the Board that no action be taken at this time against the Continental Casualty Company, OTHER BUSINESS 1, Loyal Inn Bowling Center In Councilman Santoro's absence, Mr. Friedlander reported that the owner of the Bowling Center was progressing with completion of the requirements necessary for the issuance of a certificate of occupancy, and he stated that he would report further on this matter at the next meeting, ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9:40 p.m., to reconvene on May 18th, 1960, BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened im- mediately upon the adjournment of the Town Board meeting. 1. Communications Commissioner Brush stated that there were no communications to be presented at this meeting, 2, Reports Commissioner Brush presented the following report which was received and placed on file: Report of the Fire Department for the month of April, 1960. 3. Claims Commissioner Brush presented the following claims of the Fire Department, which had been audited by the Comptroller and ap- proved by the Fire Chief, and on his motion, which was seconded by Commissioner Kane, it was unanimously RESOLVED that the following 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 budget for the Fire Department: Arthur M. Brown $ 50.00 Keeler Associates 21. 18 N. Y. Telephone Co. 16. 50 Remington Rand 6. 25 Total $ 93. 93 4. Other Business 1. Purchase of Dispatch Board The matter of purchasing a dispatch board, requested by Deputy Chief Schmidt, was referred to the Town Ac- countant for study and investigation, with report thereon to be presented at the next meeting of the Commission. 5. Adjournment There being no further business to come before the meeting, it was declared adjourned at 9.45 p.m., to reconvene on May 18th, 1960. Ylv—n Lerk