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HomeMy WebLinkAbout1962_08_01 Town Board Minutes ai n•�-., MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD AUGUST 1st, 1962, 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 Burchell Councilman Kane Councilwoman Helwig Councilman Cook Absent: Councilman Brush Also Present. Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mrs. Brewer - Secretary Mr. Orsino - Receiver of Taxes Mr. Kellogg - Town Engineer Mr. Fischer - Supt. of Highways Mr. Schmidt - Fire Chief APPROVAL OF MINUTES — The minutes of the hearing on the Annexation Petition, held on July 24th, 1962, were approved as corrected. PUBLIC HEARING (Amendment of General Ordinance - Dog Control Bill) On motion by Councilman Kane and seconded by Councilman Cook, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The affidavit of publication of notice of hearing was pre- sented for the record, and the proposed amendment re- viewed and explained by the Supervisor and Attorney. Upon inquiry as to whether anyone present wished to speak to the amendment, the following person was heard. Mr. William Gartland - 3 Winthrop Avenue Mr. Gartland asked whether the ordinance contained provi- sion for taking care of noise caused by the operation of an "animal hospital"7 The Attorney explained that it did not as it pertained only to the control of dogs - whereupon Mr. Gartland stated -I- that he would reserve his question until later. Certain technical questions were raised by Councilmen Cook and Helwig, together with a letter which the Attorney pre- sented raising certain questions by Judge Brewer, presently on vacation, in view of which it was recommended that action be deferred pending further study and conference with Judge Brewer, and thereupon, on motion by Councilman Kane, sec- onded by Councilman Cook, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed and decision reserved, OLD BUSINESS There was no old business to come before the meeting, NEW BUSINESS a, Authorization to Advertise for Bids (Civil Defense Equipment) In accordance with Councilman Cook's recommendation and the request of the Town Accountant for authorization to ad- vertise for bids for the purchase of certain Civil Defense equipment, on motion by Councilman Cook, seconded by Councilwoman Helwig, 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 bids for the pur- chase by the Town of Mamaroneck of certain Civil Defense equipment in accordance with the detailed specifications set forth in such notice, b. Application for Water Main (Salvatore Zavaglia - 3 Madison Avenue) Upon presentation of an application by Salvatore Zavaglia for the installation of a water main in Wood Street from Myrtle Boulevard with all costs thereof to be paid by the applicant, together with cost estimate from the Westchester Joint Wa- ter Works in the amount of $374, 06, and memorandum from the Town Engineer, dated July 16th, 1962, which were here- with ordered received and filed for the record, on motion by Councilwoman Helwig, seconded by Councilman Kane, it was unanimously RESOLVED, that this Board hereby approves the in- stallation of approximately 200 feet of 2" C.I. water main in Wood Street from Myrtle Boulevard, at a cost of $374, 06, not including excavation and back- fill; -2- and be it FURTHER RESOLVED, that this approval is contin- gent upon the applicant, Salvatore Zavaglia, paying the entire cost of said installation and depositing the sum of $374, 06 with the Westchester Joint Water Works No 1 to cover the costs of materials and labor, and paying in addition thereto, all costs of excava- tion, back fill and pavement restoration; and be it FURTHER RESOLVED, that unless the installation of the foregoing main is completed within a period of one (1) year from the date of this resolution, or not later than August 1st, 1963, this authorization shall become null and void, c, Authorization - Snow Removal Contract (State Highways - 1962-1963) Pursuant to a communication from the County of Westchester Department of Public Works, dated June 29th, 1962, re- questing a resolution approving the contract for the Town's handling of snow and ice control work on State highways in the Town for the 1962-63 season herewith presented andfiled for the record, on motion by Councilman Kane, seconded by Councilman Cook, the following resolution was adopted by unanimous votes WHEREAS, Section 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 Commis- sioners of the various towns/villages in the County of Westchester and the villages therein for the removal of the snow and ice from such State Highways as are with- in their municipal boundaries and the entire cost of such work will be reimbursed by the State, and WHEREAS, the Town of Mamaroneck under date of No- vember 8, 1946 entered into a contract with the County of Westchester for the removal of snow and ice fromthe State Highways within the said Town, in accordance with the provisions of Section 12 of the Highway Law as amen- ded, and under date of November 17, 1961 extended the said contract for the season of 1961-1962; NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck extends the above mentioned 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, -3- d. Designation of Polling Places (1962-1963) In accordance with the Clerk's recommendation designating a place in each election district in the Town for 1962-63 regis- tration, election, and primaries herewith presented and filed for the record, on motion by Councilman Kane, approved by Councilman Cook, it was unanimously RESOLVED, that in accordance with the provisions of Sec- tion 66 of the Election Law, being Chapter 17 of the Con- solidated Laws of the State of New York as amended, the Town Board of the Town of Mamaroneck hereby designates a place for each election district in the Town, at which a meeting for the registration of voters, election, and pri- maries shall be held in the year following the ensuing first (1st) day of October as follows: District No, 1 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, N. Y. District No, 2 Volunteer Firehouse, Mamaroneck Avenue, Ma- maroneck, N. Y. District No. 3 Mamaro Firehouse, Palmer Avenue, Mamaroneck, N, Y. District No. 4 Central School, Boston Post Road, Mamaroneck, N. Y. District No. 5 Mamaroneck Avenue School, Mamaroneck Avenue, Ma- maroneck, N. Y. District No, 6 Chatsworth Avenue School, Forest Park Avenue, Larchmont, N. Y. District No. 7 Chatsworth Avenue S chool, Forest Park Avenue, Larchmont, N. Y. District No. 8 St. Augustine's Gymnasium, Larchmont Avenue, Larchmont, N. Y. District No, 9 Chatsworth Avenue School, Forest Park Avenue, Larchmont, N.Y. District No. 10 325 Boston Post Road, Larchmont, N. Y. District No. 11 Chatsworth Gardens Apartments, 14 No, Chatsworth Avenue, Larchmont, N.Y. -4- District No. 12 Murray Avenue School, Daymon Terrace, Larchmont, N. Y. District No. 13 Murray Avenue School, Daymon Terrace, Larchmont, N. Y. District No. 14 Weaver Street Firehouse, Weaver Street, Larchmont, N. Y. - District No, 15 School of Sts. John and Paul, Weaver Street, Larch- mont, N. Y. District No. 16 Mamaroneck Junior High School, Boston Post Road, Mamaroneck, N. Y. District No. 17 Central School, Boston Post Road, Mamaroneck, N. Y. District No. 18 Carleton House, Washington Square, Larchmont, N.Y. District No. 19 Weaver Street Firehouse, Weaver Street, Larchmont, N. Y. District No. 20 School of Sts. John and Paul, Weaver Street, Larch- mont, N.Y. District No. 21 Murray Avenue School, Daymon Terrace, Larchmont, N. Y. District No. 22 Palmer Terrace Apartments, 703 Palmer Court, Ma- maroneck, N. Y. District No. 23 Mamaroneck Junior High School, Boston Post Road, Ma- maroneck, N. Y. District No. 24 Mamaroneck Avenue School, Mamaroneck Avenue, Ma- maroneck, N. Y. COMMUNICATIONS There were no communications to be presented at this time. REPORTS The Town Clerk -- The Clerk presented the following reports, which were or- dered received and filed: -5- Report of the Receiver of Taxes and Assessments for the month of July, 1962, Report of Receipts and Disbursements, Town of Mamaro- neck, for the period from January 1st - June 30th, 1962, The Supervisor -- 1, Claims for Appraisal Fees (Block 132 - Parcel 201) The Supervisor presented for payment two claims sub- mitted by expert real estate appraisors Eugene Buckley and B. F. McGrath, in the amounts of $200, 00 and $100, 00 respectively, for appraising the County-owned property on the southerly side of Maxwell Avenue, pres- ently under consideration as the site for the proposed Highway Garage, For informational purposes, the Supervisor further ex- plained that there were two claims as the Town had agreed to pay the cost of having an appraisal made by the County, and that since this, upon submission, had seemed to be high, it was felt that a second appraisal should be ob- tained, whereby Mr. McGrath had been retained. Whereupon, on motion by Councilman Kane, seconded by Councilman Cook, it was unanimously RESOLVED, that this Board hereby authorizes pay- ment of the claims submitted by expert real estate appraisors, Eugene Buckley and B. F. McGrath, in the amounts of $200,00 and $100. 00 respectively, for appraising the County-owned property located on the southerly side of Maxwell Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 132 - Parcel 201, And thereupon, in accordance with the Town Accountant's request, on motion by Councilman Kane and seconded by Councilman Cook, it was unanimously RESOLVED, that the transfer of the sum of $300, 00 from the Part-Town Contingency Fund to the Part- Town Miscellaneous Appraisal Fee item in the 1962 budget for payment of the above-mentioned claims, be and it hereby is authorized, 2, Proposed Sewer Installation (Post Road, West of Cook's Restaurant) With reference to the proposed installation of a Town sewer in the Post Road from Rock Ridge Road to a point approxi- mately 70 feet east of Cook's property line, which had been before the Board previously, the Supervisor presented a memorandum addressed to the Board by the Engineer under -6- today's date requesting authorization to prepare the plans and specifications for the proposed construction and reciting cer- tain details concerned therewith, which was ordered received and filed for the record, Whereupon, following discussion of the points raised in the memorandum, it was directed that the plans and specifica- tions be prepared for the proposed construction, such con- struction, however, to be subject to formal agreements to be -_- prepared by the Town Attorney and Attorney for Mr. Cook, and approvals to be obtained from the County of Westchester and State of New York; and thereupon, on motion by Council- man Cook, seconded by Councilwoman Helwig, it was unani- mously RESOLVED, that the Town Engineer be and he hereby is authorized to prepare the plans and specifications for the proposed construction of a sewer line in the southerly shoulder of the Boston Post Road from Rock Ridge Road to a point approximately 70 feet east of Mr. Cook's property line, at an estimated cost of $6200, 00 as provided in the 1962 budget, Councilwoman Helwig -- Recreation 1, Mrs, F. Warren Green (4th of July) - Councilwoman Helwig introduced Mrs, F. Warren Green, who as Chairman of the 4th of July Committee, presented a written re- port of this year's event, naming and particularly commending the men of the Town of Mamaroneck Fire Department and stating that without their efforts, the affair could not have been the suc- cess it was, which was ordered received and filed for the record, The Supervisor and Fire Chief, in turn, thanked Mrs. Green for her fine job and dedicated service to the community, Z. Request for Change of Date for Bid Opening (Myrtle Boulevard Park and Playground) Councilwoman Helwig presented a memorandum from the En- gineer requesting that the date for opening the bids for the construction of Myrtle Boulevard Park and Playground be changed from September 5th, as authorized at the last meet- ing, to September 19th, and requested in order to accommo- date this request, that a special meeting be held on that date. Whereupon, following discussion and upon hearing the En- gineer, on motion by Councilwoman Helwig and seconded by Councilman Kane, it was unanimously RESOLVED, that a special meeting of this Board be held on Wednesday evening, September 19th, 1962, -7- at 8:15 p.m. , in the Council Room of the Weaver Street Firehouse, for the purpose of opening and reading aloud the bids for the construction of the Myrtle Boulevard Park and Playground, and for considering such other business as may come before the Board. And thereupon, in accordance with the Engineer's request and on motion by Councilwoman Helwig, seconded by Councilman Kane, it was unanimously RESOLVED, that the bid opening date in the notice for bids for the construction of Myrtle Boulevard Parkand Playground, publication of which was duly authorized by resolution adopted at the last meeting of this Board, be changed from September 5th to September 19th, 1962, And further in connection with this matter, the Engineer brought to the Board's attention a copy of the trade publication "En- gineering News-Record", carrying notices for contract bids and enjoying a wide circulation throughout the State, and in view of this, requested authorization to advertise the subject notice therein at a cost of $45. 00. Whereupon, on motion by Councilwoman Helwig, seconded by Councilman Kane, it was unanimously RESOLVED, that the Town Engineer is hereby author- ized to expend not to exceed the sum of $45. 00 to cover the cost of advertising the notice for bids for the construction of Myrtle Boulevard Park and Play- ground in the "Engineering News-Record". Also, in accordance with the Engineer's recommendation and request, subject to the Town Attorney's approval, on motion by Councilwoman Helwig, seconded by Councilman Kane, it was unanimously RESOLVED, that the notice for bids for the construction of Myrtle Boulevard Park and Playground, include pro- vision that the $5. 00 checks deposited for the Plans and Specifications, be not refundable in accordance with and pursuant to N. Y.S.P. W. Law L1960 Ch, 835. 3. Summer Program Councilwoman Helwig reported as follows: a) That enrollment this season was the highest ever at 1415, b) That the Teen-age Sailing Program had been on W.A. B.C. television. c) That an Arts and Craft exhibit would be held on all play- grounds on Thursday and Friday of this week. - d) That an Operetta would be given on Tuesday, August 14th, produced under the direction of the Operetta Workshop, e) That the Music School would hold its final concert on Thursday, August 16th. -8- � .Park Department 1, Resignation of Mr, John W. Sharbough Councilwoman Helwig presented for the Board's consideration, • letter written by Mr. Sharbough tendering his resignation as • member of the Board of Park Commissioners, stating that this was received and presented with deepest regret from a gentleman who had served both as a member and as Chairman of this Board for a period of nearly twelve years. Each of the members of the Board individually expressed his sincere regret at Mr. Sharbough's loss, and thereupon, on motion by Councilwoman Helwig and seconded by Councilman Kane, it was unanimously RESOLVED, that this Board, with deepest regret, ac- cepts the resignation of John W. Sharbough as a mem- ber of the Board of Park Commissioners of the Town of Mamaroneck, effective as of this date. And thereupon, on a motion unanimously offered and seconded, the following resolution in tribute to Mr. Sharbough, expressing this Board's high regard and sincere appreciation of Mr. Shar- bough's service to his community, was adopted by unanimous vote to be spread upon the minutes of this meeting and forwarded to Mr, Sharbough. WHEREAS, John W. Sharbough has served as a member of the Board of Park Commissioners of the Town of Mamaro- neck since January of 1952; and WHEREAS, Mr, Sharbough has been Chairman of this Board of Park Commissioners since May of 1955; and WHEREAS, Mr, Sharbough has served this Board and the Town of Mamaroneck with great ability, distinction, and dedication during his entire term of office; and WHEREAS, under Mr. Sharbough's guidance and leadership many new projects have been undertaken, and our parks have been excellently maintained, and their beauty and usefulness continually increased for the pleasure and benefit of our residents; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaro- neck records its appreciation of the distinguished contribu- tion that Mr. Sharbough has made to the welfare of all resi- dents of Park District No, 1 of the Town of Mamaroneck, and further records its conviction that much of the beauty of our parks, and especially the restorations that followed construction of the New England Thruway, will stand as a lasting monument to Mr. Sharbough's devoted service to his community, -9- and be it FURTHER RESOLVED, that this resolution, adopted unan- imously in tribute to Mr. Sharbough, be spread upon the minutes of this meeting, and a copy thereof forwarded to Mr, Sharbough, Thruway Noise Abatement Committee 1) Articles - World Telegram Councilwoman Helwig called to the Board's attention the re- cent articles on the work of the subject committee which ap- peared in the New York World Telegram, Dutch Elm Disease Survey 1) State Inspection Councilwoman Helwig reported that the State Inspector was making the final checking of the completed survey, following which the Town could request the necessary Authority to proceed with this program, Councilman Kane -- Councilman Kane stated that he had no report at this time other than that pertaining to Fire matters which he would present in Councilman Brush's absence under the Fire Commission. Councilman Cook -- Councilman Cook stated that he had no report at this time, The Town Attorney -- 1) Claim - Hartford Accident and Indemnity Company The Attorney presented a communication from the Hartford Ac- cident and Indemnity Company concerning a property damage claim filed by Mrs, Christine Rahill against the Town of Ma- maroneck, and recommended settlement of this claim in the amount of $650, 00, of which the sum of $100, 00 must be paid by the Town since the insurance policy carried a provision making said amount deductible from the amount to be paid by the company. Since the claim was originally in the amount of $3, 000, 00, the Attorney recommended its settlement in the above sum and re- quested authorization for payment thereof. Whereupon, following a discussion of the advisability of settling -10- this claim, it was on a motion offered by Councilman Kane and seconded by Councilman Cook, unanimously RESOLVED, that this Board hereby authorizes the Town Attorney to carry out the settlement of the property damage claim brought by Mrs, Christine Rahill against the Town of Mamaroneck by the Hartford Accident and Indemnity Company in the amount of $650, 00; and be it FURTHER RESOLVED, that the sum of $100, 00, which represents the Town of Mamaroneck's deductible share under such policy, be paid to the Hartford Accidentand Indemnity Company, said sum to be appropriated from General Town Insurance Account 602 in the 1962 budget, Z. Annexation Petition Geo, E. Baldwin Co„ Inc, In connection with the Annexation Petition of George E. Baldwin Co> , Inc. , the Attorney reviewed briefly the legal procedure per- taining thereto and presented a written opinion dated July 31st, 1962, which was herewith ordered received and filed for the of- ficial record. For the information of all present, he explained that the peti- tion had been presented to this Board at its July 11th meeting and that a public hearing, with notice thereof duly published and pos- ted in accordance with law, had been held on the property site on the evening of July 24th, at which time all persons present and de- siring to speak had been heard as recorded in the minutes of that meeting. A lengthy discussion followed, during which the Board heard the persons named below, who spoke, in the main, to the points previously raised at the hearing and set forth in the minutes thereof, Mr. David Easton - 4 Lancia Lane Mr, J. E. Robbins - 3 Lancia Lane Mr. G. H. Kuehnert - 4 Beresford Lane Mrs, B. Wallace - 6 Avon Road Mr. M. P. Medwick - 1000 Fenimore Road Mr, H. G. Nichol - 29 Dante Street Mrs, Flora Chudson - 11 Pryer Lane The discussion concluded when the Board in unaninimity directed that another meeting be held on Friday evening, August 3rd, in order to afford an opportunity for further negotiation with the pe- titioner and his attorneys in an effort to effect the petition's with- drawal without prejudice, pending a further study of possible re- zoning of the subject property. Whereupon, on motion by Councilman Cook, seconded by Council- man Kane, it was unanimously RESOLVED, that a special meeting be held on Friday evening, August 3rd, 1962, at 8;15 p. m. in the Council Room of the Weaver Street Firehouse, Wea- ver Street, Town of Mamaroneck, to further con- sider the Geo. E. Baldwin Annexation Petition, -11- TT��ktl a"8C s� J✓ OTHER BUSINESS 1. Mr. James M. Murphy - 136 Harmon Drive Mr, Murphy requested the Board's permission for his 12-year old daughter and friend to paint house numbers on curbs with the home-owner's approval, which was granted with the Board expressing its compliments to the young ladies concerned. 2. Mr. William Gartland - 3 Winthrop Avenue Mr. Gartland voiced objection to the operation of an animal hospital in a residential area, describing the noise as dis- turbing to the health and well-being of the residents of the area. After discussion, it was directed that the Supervisor confer with the owner of the establishment, Dr. Maurice E. Serling, to see what could be done to alleviate the situation. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:24 p.m. , to reconvene on September 5th, 1962. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon adjournment of the Town Board meeting. 1. Claims In the absence of Commissioner Brush, Commissioner Kane presented the following claims, which had been audited by the Comptroller and approved by the Fire Chief, and requested that the Commission authorize payment of same. Whereupon, on his motion, seconded by Commissioner Cook, it was unanimously RESOLVED, that the following claims are approved, and the Supervisor and Comptroller authorized to pay the same out of the budget for the Fire Depart- ment* Atlantic Service Center $ 32. 05 August Electrical Service 100. 00 National Chemsearch Corp. 30. 30 Frank Claps 54, 85 Con Edison Co. 5. 00 Con Edison Co. 58. 10 Humble Oil Go. 64.10 N. Y. Telephone Co. 97. 26 Park Radio & Television 77. 90 -12- Taylor Tree Service $ 25, 00 Wesco Fire Equipt & Ser 127. 05 Hydrants - West. Jt, Water Works 2, 620, 00 Total---------------$3, 292, 21 2, Reports Commissioner Kane presented the Fire Report for July, 1962 which was ordered received and filed, 3, Communications There were no communications to be presented at this time, 4, Other Business The Fire Chief - The Fire Chief expressed the Department's thanks to the Town Engineer and Superintendent of Highways for the job performed in cleaning the drains at the Firehouse, and re- ported that all branches had been removed from the trees at the rear of the Firehouse as requested, 5, Adjournment On motion duly made and seconded, since there was no further business to come before the Commission, the meeting was de- clared adjourned at 10.30 p.m. , to reconvene on September 5th, 1962, ,i Town ler r/ f '/ -13-