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HomeMy WebLinkAbout1958_02_19 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD FEBRUARY 19, 1958, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MA_MAR.ONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. PRESENT: Supervisor Burchell Councilman Brush Councilman Kane Councilman Waterman Councilman Santoro ABSENT: None ALSO PRESENT: Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mr. Friedlander - Town Engineer Mr. Kronenberger - Superintendent of Recreation Mrs. Brewer - Secretary APPROVAL OF MINUTES The minutes of the regular meeting of January 22, 1958, were ap- proved as submitted. OLD BUSINESS a. Bids for Tires (Not on Agenda) In connection with the bids submitted at the January 22nd meeting for the purchase of tires for the year 1958, the Clerk presented the following memorandum addressed to him by the Town Accountant un- der date of February 17th in answer to the communication of Sound Tire & Supply Co., Inc. presented at the February 5th meeting and written in question of acceptance of the bid submitted by the Knox- Hamilton Co. for the reason that said Company did not meet the "Qualifications of Bidders" as set forth in the Notice for Bids: "To: Town Clerk --- From: Town Accountant Re: Bids on Tires In accordance with your request, I have contacted Mr. Michael Bambara of Knox Hamilton who ad- vises me verbally that the Armstrong tire is not x , used as standard factory equipment by the automo- tive industry. I would like to point out that under "Qualifications of Bidders", Section 2 stated, "The tire and tubes upon which they bid must be presently used as standard factory equipment by the automotive in- dustry, " I feel their bid does not qualify but suggest that Mr. Delius give his opinion to the Board for their guidance." The Town Attorney then advised the Board that based upon the information contained in the Accountant=s memorandum, it was his opinion that the bid of Knox Hamilton Co. failed to meet the speci- fications and therefore should be rejected. Whereupon, on motion by Councilman Santoro, seconded by Councilman Kane, the following resolution was unanimously adopted: WHEREAS, the bid submitted on January 22, 1958 by Knox Hamilton Co. for the purchase of tires and tubes by the Town of Mamaroneck for the year 1958 failed to meet the specifications as set forth in paragraph 2 under "Qualifications for Bidders" in the Notice for Bids; and WHEREAS, the only other bid submitted by Sound Tire & Supply Co., Inc. meets and complies with the speci- fications contained in the Notice for Bids; NOW, THEREFORE, BE IT RESOLVED that this Board hereby rejects the bid of Knox Hamilton Co. as submitted on January 22, 1958 for furnishing to the Town of Mamaroneck tires and tubes for the year 1958 in accordance with the speci- fications as stated; and be it FURTHER RESOLVED that this Board hereby ac- cepts the bid of Sound Tire & Supply Co. , Inc. to fur- nish to the Town of Mamaroneck for the year 1958 tires and tubes in accordance with the specifications as stated at the prices submitted in said bid. NEW BUSINESS -- a. Reappointment of George Schuler--Zoning Board of Appeals Upon the Clerkts informing the Board that the term of George Schuler as a member of the Zoning Board of Appeals expired as of this date, it was on motion by Councilman Kane, seconded by Councilman Brush, unanimously RESOLVED that George Schuler, 70 Garden Road West, Larchmont, be reappointed as a member of the Zoning Board of Appeals of the Town of Mamaroneck for a term of five years, effective immediately and to serve until February 19, 1963. The Board commended Mr. Schuler highly on the fine service he -- has rendered the Town throughout his term as a member of this Board and directed the Clerk to notify Mr. Schuler of his unanimous reappointment with an expression of the Board's commendation, COMMUNICATIONS 1. County Personnel Department--Probationary Appointment of Public Health Nurse The Clerk presented a communication from the County Personnel Department, dated February 5, 1958, enclosing certification from the open competitive eligible list for Public Health Nurse, Town of Mamaroneck, #6548, established 2. 3. 58, and requesting probation- ary appointment of Elizabeth Jackson to such position. Whereupon, on motion by Councilman Brush, seconded by Councilman Santoro, it was unanimously RESOLVED that Elizabeth .Jackson, 541 Pelham Road, New Rochelle, be and she hereby is ap- pointed for a three-month probationary period as Public Health Nurse, Town of Mamaroneck, ef- fective immediately, and to be compensated at the rate of $4, 440.00 per annum. 2. Mr. S. F. Martin--Sewer Matter at 70 Howell Avenue The Clerk presented a communication addressed to the Supervisor under date of January 27, 1958, by S. F. Martin, 70 Howell Avenue, Larchmont, relating to a sewer stoppage at that address together with a memorandum under date of February 19, 1958, addressed to Coun- cilman Santoro by the Superintendent of Highways advising that Mr. Martin had requested reimbursement by the Town of the sum of $35. 00 paid to Arthur J. Cochrane, plumber, (statement of payment from Cochrane enclosed) for services in connection with said stop- page claimed to have been caused by roots of a Town-owned tree and confirming that the only tree near the property in question is a Town- owned tree. The Board, after some discussion, referred this matter to Coun- cilman Santoro for further report after conferring with the Town At- torney and Superintendent of Highways. 3. Request to Use Election Equipment--Larchmont and Mamaroneck The Clerk informed the Board that the Villages of Larchmont and Mamaroneck had requested the use of the usual voting equipment for Village registration and election purposes, and upon motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that the request of the Village of Larchmont and that of the Village of Mamaro- neck for the use of the usual equipment for Village registration and election purposes be and they hereby are granted. 4. Village of Mamaroneck--Letter and Resolution on Proposed Amendment to Highway Law The Clerk read a letter under date of February 11, 1958, ad- dressed to the Town Council by Armand Gianunzio, Treasurer- Clerk of the Village of Mamaroneck, and certified copy of reso- lution adopted by the Board of Trustees of the Village of Mamar- oneck at the meeting of that Board on February 10, 1958, en- closed therewith. This communication was received and filed. REPORTS The Clerk presented the following reports which were received and placed on file: Report of the Town Clerk for the month of January, 1958. Statement of Bank Balances, Town of Mamaroneck, as of February 1, 1958. Report of the Supervisor for the period from January 1 to January 31, 1958. REPOR'1. OF THE SUPERVISOR (1) Thruway Residual Parcels The Supervisor informed the Board that the matter of the disposition of these lands was now before the Committee on Budget and Appropria- tions of the Board of Supervisors and that he had received a letter from the Chairman of that Committee under date of February 3, 1958, en- closing a list of such lands located in the Town and requesting recom- mendations for the disposition of same for the guidance of the Budget Committee. The Supervisor further informed the Board that there were some thirteen such parcels, six lying in the Unincorporated Area and seven in the Village of Mamaroneck within the Town, and that upon consulta- tion with the Village, he had been advised that the Village wished to acquire all seven parcels to be used for municipal purposes and re- �-4111 _, quested by that Village to so advise the Budget Committee. Councilman Santoro suggested that the Town acquire all six parcels located in the Unincorporated Section for municipal purposes and up- on motion by Councilman Waterman, seconded by Councilman Brush, it was unanimously RESOLVED that the Supervisor as hereby directed and authorized by this Board and by the Board of Trustees of the Village of Mamaroneck communi- cate with the Chairman of the Committee on Budget and Appropriations of the Board of Supervisors in- dicating the Town of Mamaroneckts interest in the acquisition of all thirteen Thruway residual parcels lying in the Town of Mamaroneck and described on page 1 of list entitled, "Residue Parcels, New Eng- land Thruway", and dated August 29, 1957, as par- cels #9 through #14 inclusive located in the Unin- corporated Area of the Town of Mamaroneck, and parcels #15 through #21 inclusive located in the Village of Mamaroneck within the Town of Mamar- oneck; all of said parcels of land to be used for public and municipal purposes. (2) Route for Water Line The Supervisor informed the Board that an alternate route for the new 30-inch water main from Delaware Acqueduct Shaft 22 in Yonkers to Mamaroneckts Westchester Joint Waterworks No. 1 mains was now being considered as a result of this Board's action last Thursday even- ing in rejecting the proposed contract with Soundview Woods, Inc. He stated that this alternate route might add as much as $15, O00.00 to the cost of the water line and added that this matter would be before the Water Board at its meeting on Monday, February 24th, REPORTS OF THE COUNCILMEN Councilman Brush -- (1) Park Department Meeting Councilman Brush reported on his attendance at the meeting of the Park Department. (2) Association of Towns Convention Councilman Brush reported on his attendance of various sessions of the Convention and particularly stressed the excellence of those sessions held on insurance. Councilman Kane -- (1) Planning Board Councilman Kane stated with reference to some publicity appear- ing in the local paper that although representatives from the Plan- ning Boards of both the Village of Larchmont and the Village of Ma- maroneck had been formally invited to attend the Planning Board meeting to study the proposed zoning revisions, no one had appeared from either Board, and he therefore questioned the apparent ready acceptance of what might be termed 6°second-handk4 information by the two Villages, Councilman Waterman -- (1) Home Rule Bill Councilman Waterman spoke of a communication referring to a bill introduced to extend Home Rule for first-class Towns, Councilman Santoro -- (1) Communication--Municipal Finance Officers Association Councilman Santoro presented a communication from the Munici- pal Finance Officers Association of the United States and Canada ad- dressed to the Town Accountant, Mr. Finson, under date of Febru- ary 6, 1958, outlining in detail the program and services of the As- sociation together with a memorandum from the Accountant recom- mending membership in this Association for the Town of Mamaro- neck, with which recommendation, he stated, he heartily agreed. Whereupon, on his motion, seconded by Councilman Kane, it was unanimously RESOLVED that this Board hereby authorizes the Town of Mamaroneck to become a member of the Municipal Finance Officers Association of the United States and Canada for the year 1958. (2) Lighting--Parking Areas Councilman Santoro reported that the lights in the parking lots are now on affording a tremendous improvement over past conditions. (3) Snow Removal Councilman Santoro commended highly the Superintendent of High- ways and all of the men in his department for their splendid perfor- mance in the work of snow removal throughout the Town during the winter's storms. Each member of the Board expressed his high compliment for Mr. O'Brien and all of his men in this respect and --- the Board was joined by George E. Mills, Jr. , who speaking from the floor, added his praises to those of the Board. At this time, Councilman Waterman inquired of the Town Attorney whether there was an ordinance requiring property owners to clean sidewalks and upon being advised there was, suggested that this be called to the attention of all property owners. (4) Maintenance of Town Cemetery Councilman Santoro informed the Board of a recent visit to the Town Cemetery and stated for the record his commendation of the splendid job done by the Superintendent of Highways and his men in maintaining the Cemetery in its present excellent condition, (5) Street Barricades--Sleigh Riding Councilman Santoro reported that there had been some question as to the barricading of certain streets for sleigh riding. Mr. Kronenberger, Superintendent of Recreation, advised the Board that this practise had been discontinued by almost all mu- nicipalities due to the liability involved which falls on the munici- pality. (6) Association of Town Convention Councilman Santoro reported that he had attended the Convention on all three days and that he had found the sessions most informa- tive and enlightening. (7) Notice for Bids--Drains for Hommocks Area Councilman Santoro advised the Board that the Engineer had pre- pared the plans and specifications for the drains for the Hommocks --- Area in accordance with the Boardts direction and requested au- thorization for the publication of the notice for bids for this work. Whereupon, on motion by Councilman Santoro, seconded by Councilman Brush, it was unanimously RESOLVED that the Town Clerk is authorized to publish the following notice in the official news- paper of the Town of Mamaroneck, The Daily Times, not less than five (5) days before the date of the next Town Board meeting on March 5, 1958. NOTICE TO BIDDERS Notice is hereby given that sealed bids will be received by the Town Board of the Town of Mamaroneck, Westchester County, New York, until 5.00 otclock p.m, on Wednesday, March 5th, 1958, at the office of the Town Clerk, 158 West Boston Post Road in the Vil- lage of Mamaroneck, New York, and opened and read aloud at a regular meeting of the Town Board to be held at 8.15 p.m, on Wed- nesday, March 5th, 1958, in the Council Room of the Weaver Street Firehouse, corner of Weaver Street and Edgewood Avenue in the Town of Mamaroneck, for the construction of storm drains and ap- purtenances in Town-owned land on the southerly side of Hommocks Road in the Town of Mamaroneck, Westchester County, New York, in accordance with the plans and specifications drawn and prepared by Maurice Friedlander, Town Engineer, and now on file in the of- fice of the Town Clerk. Copies of the plans, specifications and proposals for the work proposed may be obtained at the Town Clerkts office upon deposit of $5. 00, which deposit will be refunded when plans and specifica- tions are returned in good condition within thirty days after the award or rejection of the bids. The Town of Mamaroneck reserves the right to waive any in- formalities in the bids or to reject any bid which does not comply with the specifications. No bidder may withdraw his bid within forty-five days after the actual date of the opening thereof dated. The Town of Mamaroneck may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish all such information and data for this purpose as may be requested. The Town of Mamaro- neck reserves the right to reject any bid if, the evidence submitted by, or the investigation of such bidder, fails to satisfy the Town of Mamaroneck that such bidder is properly qualified to carry out the obligation of the contract and to complete the work contemplated therein. Town Board of the Town of Mamaroneck by Charles J. Gronberg Town Clerk REPORT OF THE TOWN ATTORNEY The Attorney stated that he had no report to submit at this time. OTHER BUSINESS Upon the Supervisor°s inquiry as to whether there was any further business to come before this meeting, Frank X. OSDonnell of 100 Palmer Avenue, Larchmont, addressed the Board, stating that there were three matters on which he would like to question the Board as follows: First -- the status of the matter of the use of the property on the corner of Weaver Street and Palmer Ave- nue for a business purpose (Tennyson Nursery); Second -- the status of the request for a two-way reflector at Grant2s Greenhouses on Weaver Street at the intersection of Howell Avenue; Third -- the status of the litigation on Ferndale Road, The Town Attorney replied as follows: On the first matter, that the Town Engineer and he, after in- vestigation, had submitted their opinion to the Board at the meeting on January 22, 1958 as follows: T "Upon investigation, the Building Inspector and I were un- able to find any proof of this property's use as a nursery prior to the adoption of the Zoning Ordinance in 1922, and therefore, subject to the owner providing such proof, it is our opinion that this use is in violation of the Zoning Ordinance," The Town Attorney then stated that the next step would require the Town to initiate a legal action to enjoin the owner and tenant of this property from using it for a business purpose in violation of the Town Zoning Ordinance as it would then be encumbent upon said owner and tenant to produce and provide proof that such use was not in violation because this property had been so used prior to the adoption of the Town of Mamaroneck Zoning Ordinance in 1922. And thereupon, following some further discussion by the members of the Board, on motion by Councilman Santoro, seconded by Council- man Kane, it was unanimously RESOLVED that the Town Attorney be and he hereby is authorized to initiate legal action to enjoin the owner and tenant of the property located at 144 Weaver Street from using said property for a business purpose (Tennyson Nursery) in violation of the Zoning Ordinance of the Town of Mamaroneck. On the second matter, the Attorney again reported that he had made this request to the State Traffic Commission in Albany and had been advised that consideration would be given thereto. The Board suggested that the Supervisor consult with Chief Yerick and if it seemed to be advisable and necessary, to again write the Commission regarding this request. On the third matter, the Attorney advised that the case had been ar- gued during the last court term and that no decision had as yet been handed down by the court, ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9;05 p.m., to reconvene on March 5, 1958. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners convened immed- iately upon the adjournment of the Town Board meeting. 5784 COMMUNICATIONS 1, Letter from Fire Department Commissioner Waterman presented a letter from the Fire Department under date of February 17, 1958, stating that the Department at its twenty-fifth annual meeting had nominated the following members to office for the year 1958 pending the ap- proval of this Board, and on his motion, seconded by Commis- sioner Brush, it was unanimously RESOLVED that this Board hereby approves the election of the following Fire Department officers for the year 195& Charles Deshensky - Chief Patsy M. Giacomo - First Deputy Chief Hans Schmidt - Second Deputy Chief Arthur M. Brown - Secretary Augustus R. Funck - Treasurer Dr. Lincoln Stulik - Surgeon Monsignor John J. Flynn - Chaplain Paul E. Thornton Sergeant-at-Arms Z. Letter from Chief Lennert Johnson Commissioner Waterman presented a letter from Chief Len- nert Johnson under date of February 17, 1958, tendering his res- ignation as Fire Inspector and recommending that his successor, -- Chief Charles Deshensky, be appointed Fire Inspector of the Town of Mamaroneck for the year 1958. Commissioner Waterman recommended that the Board ac- cept Chief Johnsongs resignation as Fire Inspector with regret, and also that there be spread upon the minutes of this meeting a resolution expressing the Board's great appreciation of the out- going Chiet2s competent, loyal, and devoted service to the Town during his term of office as Chief and Fire Inspector, and on his motion, seconded by Commissioner Brush, it was unanimously RESOLVED that this Board hereby accepts with regret the resignation of Chief Lennert Johnson as Fire In- spector of the Town of Mamaroneck, effective as of March 1, 1958. Also on his motion and seconded by Commissioner Brush, it was unanimously RESOLVED that this Board hereby appoints in accordance with the recommendation of the Fire Council Fire Chief Charles De- -- shensky as Fire Inspector of the Town of Mamaroneck for the year 1958, to be ef- fective as of March 1, 1958, and to be compensated at the rate of $960, 00 per annum. Also on his motion and seconded by Commissioner Brush, it 575 was unanimously RESOLVED that this Board hereby expresses its sincere and deep appreciation of the com- petent, loyal, and devoted service rendered the Town by Lennert Johnson during his term of office as Chief and Fire Inspector of the Town of Mamaroneck Fire Department, REPORTS Commissioner Waterman presented the Fire Department Re- port to the Town Board for the Year 1957, which was received and placed on file, Commissioner Waterman also reported that he had already met with the newly-elected Chief and his Deputies, CLAIMS Commissioner Waterman presented the following Fire Department claims which had been audited by the Comptroller and approved by the Fire Chief, and on his motion, 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. Atlantic Service Center $ 107. 80 R. G. Brewer, Inc, 89.63 Chatsworth Oil & Heating Go. , Inc. 160. 58 Con Edison 48. 38 Keeler Associates 756. 32 McGuire Bros., Inc. 5.00 Mamaroneck Plumbing Supply, Inc. 4.46 New York Telephone Company 43.75 William E. Rickert, Locksmith 5. 00 Robert's 225.00 Sound Tire & Supply Co. , Inc. 5.47 Total --- $ 1, 451. 39 ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9010 p.m. , to reconvene on March 5, 1958. wn Cy erk