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HomeMy WebLinkAbout1957_03_06 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MARCH 6, 1957, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEA- VER STREET, TOWN OF MAM&RONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. PRESENT: Supervisor Burchell Councilman Brush Councilman Kane Councilman Santoro ABSENT: ALSO PRESENT: Councilman Waterman Mr. Gronberg Mr. Delius Mr. Or sino Mr. Friedlander Mr. O'Brien Mr. Finson Mr. Johnson Mr. Deschensky Mr. Giacomo Mrs. Brewer APPROVAL OF MINUTES - Town Clerk - Town Attorney - Comptroller - Engineer - Superintendent of Highways - Accountant - Fire Chief - Deputy Chief - Secretary The minutes of February 4, 1957, were approved as presented. OLD BUSINESS CLARIFICATION--BIDS FOR GASOLINE Mr. Finson, the Town Accountant, reported that he had re- ceived a communication, dated March 4, 1957, from the Socony Mobil Oil Company, Inc. advising that that company could not loan tank and pump equipment under their present selling agreements with the State and the various munici- palities within the County but that such could be purchased by the Town from Mitchel Oil Corporation for the sum of $90. 00. He therefore recommended that the Board waive the requirement relating to the supply of tanks and pumps and award the contract to this company, the low bidder, as the price differential would result in a saving to the Town of approximately some $1, 000. 00- to $1, 200. 00. Whereupon on motion by Councilman Kane, seconded by Councilman Santoro, it was unanimously 0 4 RESOLVED that this Board hereby accepts the low bid, to wit, the bid of Socony Mo- bil Oil Company to supply gasoline as re- quired by the Town of Mamaroneck for the year 1957 at the price of $. 1608 per gallon. FURTHER RESOLVED that this Board here- by authorizes the purchase of four (4) pumps presently owned by Mitchel Oil Corporation at a price not to exceed $90. 00. REPORT--FENIMORE ROAD WATER MAIN AND EASEMENT FOR FUTURE WATER SUPPLY THROUGH PROP- ERTY OF A. H. BERINGER The Clerk presented the following report, including cost estimate in the amount of $3, 13Z. 08, submitted by Maurice Friedlander, Town Engineer, under date of March 6, 1957; "With reference to an easement for a water main through the property of A. H. Beringer, between Fenimore Road and the property of the G. B. & E.M. Realty Company (known as Murdock Woods), a complete study has been made by George Straub, Superintendent of the Westches- ter Joint Water Works and myself. This water main would make an essential tie-in necessary so that Split Tree Road, Murdock Road, and Salem Road could obtain water from the Town of Mamaroneck system instead of the present connection to the Scarsdale system. After a field inspection, I have recommended to Ralph Cronquist, Surveyor, who represents Mr. Beringer, a proposed location for this easement. As I understand it, a condition under which Mr. Beringer will cede this easement to the Town is that the Town of Mamaroneck install immediately that portion of the pro- posed water main from Fenimore Road for a distance of approximately 330 lin. ft. along the proposed easement area. The estimated cost of this portion, as prepared by Mr. Straub, is attached hereto. On a long range economic basis, it is advisable that the Town accept this easement offer. However, this accep- tance should be held in abeyance until such time as a con- necting easement is obtained from the proposed Beringer easement to the easement in Split Tree Road already ob- tained by the Town. " The Supervisor explained the present situation regarding the Town's water system and invited Judge Charles M. Baxter, who was present representing Mr. Beringer, to address the Board. Judge Baxter outlined his client's position and offer re- garding an easement which would enable the Town to 819 extend eventually a water main from Fenimore Road through the property of Mr. Beringer and G. B. & E. M. Realty Company to service the Town of Mamaro- neck residents who are presently being serviced by the Village of Scarsdale. The question of where the easement through the Ber- inger property would meet the property line of the G. B. & E.M. Realty Company was raised. It was pointed out that the offer of Mr. Beringer should not be decided upon until such time as an assurance had been received that an easement to extend the pro- posed water main through the land of the G.B. & E. M. Realty Company could be obtained. The Supervisor then inquired of Mr. Irwin Oster, an official of the G. B. & E.M. Realty Company who was present, whether his company would be agreeable to granting such an easement. Mr. Oster stated that it was his understanding that the Company would grant such an easement to the Town but he explained that at this time the exact location of such easement could not be determined as there was some question of the lo- cation of the proposed roads and lot lines. However, he further stated that such decision would be available within a period of a month's time. The Board felt that action should be deferred for this period of time pending the determination of the exact --- location of the easement through the property of the G. B. & E. M. Realty Company. APPROVAL--ESCROW AGREEMENT WITH FIRST NATIONAL BANK IN YONKERS The Town Attorney reported that an agreement had been prepared and forwarded to the First National Bank in Yonkers but had not been returned since that bank was completing arrangements with the New York bank. He further advised that the First National Bank in Yonkers found the agreement entirely satisfactory and recom- mended that the Board adopt a resolution approving said escrow agreement and authorizing the Supervisor to ex- ecute same subject to the approval of the Town Attorney. On motion by Councilman Brush, seconded by Councilman Santoro, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to execute the undertaking and agreement for the deposit of the sum of $50, 000. between the Town of Mamaroneck, the First Na- tional Bank in Yonkers, and The First National City Bank of New York, which undertaking is to indemnify the Town of Mamaroneck for funds on deposit with the First National Bank in Yonkers by depositing a U.S. Treasury Bond for $200, 000. with The First National City Bank of New York. JIL NEW BUSINESS COMMUNICATIONS (1) Public Health Nurse The Clerk presented a communication, dated Febru- ary 27, 1957, from Miss Mary Pintow, Supervisor of the Mamaroneck Health Center, Inc. , advising that Mrs. Frances Boname, Cullistan Place, Rye, could be employed as a Public Health Nurse be- ginning March 4, 1957, on a temporary month to month basis for the next few months at a salary of $4, 170. 00 per year and recommending that Mrs. Boname be employed. On motion by Councilman Santoro, seconded by Councilman Brush, it was unanimously RESOLVED that Mrs. Frances Boname be appointed Public Health Nurse on a temporary month to month basis at the rate of $4, 170. 00 per year to be paid semi-monthly, effective March 1, 1957, in the place of Miss Marion Sweatland. (2) Bids for Compressor The Clerk presented a communication, dated March 6, 1957, from Frank R. O'Brien, Superintendent of High- ways, submitting the following bids for the purchase of a Portable Compressor, notice for bids on same hav- ing been published in the official newspaper of the Town of Mamaroneck, The Daily Times, on February 27, 1957, and requesting authorization to purchase same from the low bidder, Charles N. Quinn, subject to the approval of the County Superintendent of Public Works. Bidder Price Charles N. Quinn $ 3, 971. 80 Ingersoll-Rand Company 4, 080. 00 Tyler-Preusser, Inc. 4, 096.40 On motion by Councilman Santoro, seconded by Council- man Brush, it was unanimously RESOLVED that this Board, with the approval of the Town Superintendent of Highways and the County Superintendent of Public Works, hereby approves the low bid, to wit, the bid of Charles N. Quinn, to furnish to the Town of Mamaroneck one (1) #125 Ingersoll-Rand Por- table Compressor at a net price of $3, 971. 80. AUTHORIZATION--COLLECTION OF STATE, COUNTY, AND TOWN TAXES The Supervisor requested the usual resolution approving collection of taxes by the Receiver of Taxes for the 1957 State, County, and Town taxes in two installments. On motion by Councilman Kane, seconded by Councilman Santoro, it was unanimously RESOLVED that pursuant to Section 96-A of Chapter 60 of the Consolidated Laws as amended, known as the Tax Law, the Receiver of Taxes and Assessments of the Town of Mamaroneck is authorized to collect the 1957 State, County, Town, and District taxes and water rents, which become a lien January 1, 1957, in two partial payments, each amounting to fifty per cent (50%) of the total of said taxes and water rents. FURTHER RESOLVED that the Receiver of Taxes and Assessments is authorized and empowered to receive such partial payments or installments of taxes and wa- ter rents at any time prior to the sale of tax liens but subject to the same penalties as are specified and pro- vided in Section 542 of the Westchester County Admin- istrative Code for the neglect to pay the total amount of said taxes and water rents. FURTHER RESOLVED that the acceptance of any such partial payments or installments of the 1957 taxes and water rents shall not be deemed to affect in any man- ner any right of the Town of Mamaroneck under any general or special law to enforce collection of any un- paid balance of such taxes and water rents as may re- main due and owing to the Town of Mamaroneck, but such rights and powers shall remain in full force and effect to enforce the collection of the unpaid balances of such taxes and water rents together with interest, penalties, and other lawful charges. And on motion by Councilman Kane, seconded by Councilman Santoro, it was unanimously RESOLVED that in accordance with the provisions of Section 550 of the Westchester County Administrative Code, "The Daily Times", the official newspaper pub- lished in the Village and Town of Mamaroneck, be and it hereby is designated as the newspaper in which the Receiver of Taxes and Assessments shall publish the Notice of the Collection of State, County, Town, and District Taxes and Water Rents; and be it -- FURTHER RESOLVED that said publication be made on March 20, 1957, in The Daily Times; and be it FURTHER RESOLVED that in accordance with the pro- visions of Section 550 of the Westchester County Ad- ministrative Code, the Town Board does hereby direct the Receiver of Taxes and Assessments to mail to each taxpayer of the Town of Mamaroneck, whose address is known to said Receiver of Taxes and Assessments, a tax bill for all taxes and water rents, the expense thereof to be a Town charge. COMMUNICATIONS NOT ON AGENDA (1) Recreation Commission--Access Road from Cargill Park To First National Store Parking Area The Clerk presented a communication, dated March 5, 1957, from Walter E. Warner, Jr. , Chairman of the Recreation Commission, recommending that the access road leading from Cargill Park into the parking lot of the First National Store be closed off upon advice by Mr, Kronenberger, Superintendent of Recreation, that a hazardous and dangerous condition to the many chil- dren playing in the park existed due to traffic over this access road. Upon motion by Councilman Santoro, seconded by Coun- cilman Brush, it was unanimously RESOLVED that this Board hereby authorizes the Superintendent of Highways to barricade the ac- cess road connecting Cargill Park and the parking lot of the First National Store so as to close same to traffic, (2) Recreation Commission--Mileage Expense of Superintendent of Recreation The Clerk presented a communication, dated March 5, 1957, from Walter E. Warner, Jr. , Chairman of the Recreation Commission, recommending that the Su- perintendent of Recreation, Mr. Kronenberger; be re- imbursed at the rate of 8� per mile without limit to $25. 00 per month as previously provided for the use of his personal car for all mileage used for the recrea- tion department. Upon motion by Councilman Kane, seconded by Council- man Santoro, it was unanimously RESOLVED that this Board authorizes that the Superintendent of Recreation, James W. Kron- enberger, be reimbursed at the rate of 8� per mile for the use of his personal car for all mileage necessary for recreation matters and business. (3) Planning Board--Rezoning Blossom Terrace The Clerk presented the following communication from the Planning Board under date of March 6, 1957. "At the meeting on Monday evening, March 4th, 1957, the Board discussed the proposed rezoning of property on Blossom Terrace so as to decrease the density for two-family houses from 1/5 of an - acre now required under the provisions of the Zon- ing Ordinance. The Board is presently conducting an overall study of the entire zoning situation and will refer this re- quest to the Consultant retained for this study for his consideration. " This communication was received and filed. At this time, Mrs. Martha Warnecke, a resident of Blossom Terrace, addressed the Board and pre- sented a prepared statement with relation to the sit- uation existing on Blossom Terrace in regard to two- family houses. Following a lengthy discussion, the Supervisor re- quested Mrs. Warnecke to submit a detailed written statement to this Board for referral to the Planning Board. (4) Jerome N. Wanshel--Dumping of Fill in Hommocks Area The Clerk stated that he had received a letter from Mr. Wanshel, dated March 4, 1957, addressed to him personally as Town Clerk, in connection with this matter, and advised that he had referred this communication to Councilman Santoro. Councilman Santoro stated that he was in receipt of said communication and that he and the Town Engin- eer were conversant with same and would give con- sideration to the suggestions contained therein in connection with the placing of fill in this area. REPORTS The Clerk submitted the following reports which were received and filed. Report of the Building Inspector for the month of Feb- ruary, 1957. Report of the Receiver of Taxes and Assessments for the month of February, 1957. Report of the Town Clerk for February, 1957. 829 REPORT OF THE SUPERVISOR Installation of Hydrant (Westchester Joint Water Works No. 1) The Supervisor presented the following communication, dated March 5, 1957, from George H. Straub, Superin- tendent of the Westchester Joint Water Works No. 1. '' Dear Mr. Burchell: Re: Auth. No. 380 During the "depression", a number of hydrants were re- moved in the Town of Mamaroneck on streets where there were at that time no residences to save money. Most of these have now been replaced but there remains one in the middle of the block on Eton Road, in a com- pletely built up residential section, which should be re- installed. The nearest present hydrants are now located at Little Farms and Barnum Roads, and at Rockland Ave- nue, 150 ft. west of Eton Road. Some houses are now over 700 feet from the nearest fire protection. It is therefore recommended that the Town appropriate the sum of $200, the estimated cost of reinstalling a hydrant on Eton Road, to bring the fire protection on this block to the minimum standard existing in the rest of the Town. " Whereupon on motion by Councilman Brush, seconded by Councilman Kane, it was unanimously RESOLVED that the Westchester Joint Water Works -_- No. 1 is authorized to install a hydrant in the middle of the block on Eton Road at a cost not to exceed the sum of $200. 00 to the Town in accordance with the directions of the Superintendent of Highways and the Fire Chief. REPORTS OF THE COUNCILMEN Councilman Brush -- Civil Defense Councilman Brush presented the following Civil Defense report: March 1, 1957 "On February 19, the Town of Mamaroneck Fire Depart- ment and the Police Department with the Police Auxil- iaries and the Larchmont Police held a joint Civil De- fense Meeting at the Weaver Street Firehouse. The topic of the meeting was Fire and Police action in Gas and Electric emergencies. Three men from Con Edison spoke and moving pictures were shown. A total of 92 men were present. 831 New York State has opened a Civil Defense College in White Plains which will last 20 weeks. Four men are attending this school from our Larchmont Civil Defense organi- zation which should provide us with au- thorized instructors for the future. s/ E.. S. Hartley" Councilman Kane -- Councilman Kane stated that there were no appor- tionments and that he had no other report at this time. Councilman Santoro -- Recreation Councilman Santoro reported that the recreational matters presented to the Board during the course of the meeting covered the main items of his re- port. He stated, however, that he would like to inform the Board that the field at Cargill Park was being conditioned for the coming spring activities as fast as weather would permit by the Superinten- dent of Highways and the Superintendent of Rec- reation. He also reported that the Recreation Commission had approved the request of the Little League. Financial Report Councilman Santoro stated that each of the Council- men had been given a copy of the Financial Report for the year ending December 31, 1956, and com- mented in some detail on this report, pointing out the amounts unexpended in the 1956 budget appro- priations and the collection of revenues in excess of budget estimates. --' Sewer Extension--Burton Road Councilman Santoro reported that the Engineer was preparing the specifications for bids on the exten- sion of the sewer on Burton Road and would submit same at the next meeting of the Board. REPORT OF THE TOWN ATTORNEY Communication--Frank M. Gagliardi U.S. Women's Open Golf Tournament The Attorney recommended in connection with this matter, presented at the last meeting of the Board in communica- tion from Frank M. Gagliardi, that the Town Board pass an ordinance permitting play on the first day of the week, which is prohibited under the penal law of the State of New York, and he advised that a letter from the New York State Department of Audit and Control had been received in answer to inquiry suggesting the adoption of an ordinance. He stated that it would be necessary therefore to hold a public hearing in connection therewith and requested that the Clerk be directed to publish such notice for a hearing to be held at the April 3rd Board meeting. Whereupon on motion by Councilman Santoro, seconded by Councilman Kane, it was unanimously RESOLVED that the Town Clerk be directed to pub- lish the following notice in the official newspaper of the Town of Mamaroneck, The Daily Times, not later than ten (10) days prior to the date of said hearing. PUBLIC NOTICE PLEASE TAKE NOTICE that the Town Board of the Town of Mamaroneck will hold a Public Hear- ing on the 3rd day of April, 1957, in the Council Room of the :Weaver Street Firehouse, Edgewood Ave- nue and Weaver Street in the Town of Mamaroneck, New York, to consider the adoption of an Ordinance pursuant to Section 2145 of the Penal Law of the State of New York to read as follows; Golf Tournaments Permitted on Sunday It shall be lawful to conduct or partici- pate in golf tournaments on Sunday, the first day of the week, after 2000 o'clock in the afternoon, and to charge admis- sion fees to persons witnessing the same. TAKE FURTHER NOTICE that all persons pres- ent shall be given the opportunity to be heard. BY ORDER OF THE TOWN BOARD Charles J. Gronberg Town Clerk March 8th, 1957. Notification of Zoning Violation--Residents of Harrison Drive The Attorney reported that the Engineer had officially notified certain residents of Harrison Drive who were in violation of the Zoning Ordinance and reported that the Engineer had heard from three of these residents. A further report on this matter will be given at the next meeting of the Board. MATTERS NOT ON AGENDA -- The Supervisor inquired whether there were any other matters to come before the Board. MR. HARRY ALPIAR Mr, Alpiar stated that he wished to bring before the Board the matter of the construction of a swimming pool by the Town in the Hommocks area and reviewed the action taken on this matter over the past several years. He requested this Board to put the matter directly up to the taxpayers of the community in the form of a referendum. Councilmen Brush, Santoro, and Kane reviewed in some de- tail the procedures of the Swimming Pool Committee, the Recreation Commission, and the Town Board during the past two years in connection with this matter, and after a lengthy discussion, the Supervisor explaining that he had not been in office during the time of these previous deliberations and stating that he would like time to bring himself up to date on this matter, requested the Board to defer action at this time and place the matter on the agenda for consideration at a later date. ADJOURNMENT There being no further business to come before the meeting, it was adjourned at 9:50 p.m. , to reconvene on March 20, 1957. BOARD OF FIRE COMMISSI.ONERS The meeting of the Board of Fire Commissioners convened im- mediately upon the adjournment of the Town Board meeting. CLAIMS Commissioner Brush presented the following Fire Department claims which had been audited by the Comptroller and approved by the Fire Chief. On motion by Commissioner Brush, seconded by Commissioner Kane, it was unanimously 60 Q a RESOLVED that the following claims be and they hereby are approved and the Supervisor and Comp- troller be and they hereby are authorized to pay the same out of the budget for the Fire Departments Keeler Associates $ 779. 34 O, Mueller, Inc, 2, 25 New York Telephone Company 78. 15 Total $ 859.74 SPECIFICATIONS FOR PURCHASE OF PUMPER Commissioner Brush presented a communication, dated March 5, 1957, from Lennert Johnson, Fire Chief, submitting the specifi- cations for the pumper and requesting authorization to advertise for bids for the purchase of same. On motion by Commissioner Brush, seconded by Commissioner Kane, it was unanimously RESOLVED that the Town Clerk be directed to publish the following notice in the official newspaper of the Town of Mamaroneck, The Daily Times, not later than ten (10) days prior to the date of said hearing; PUBLIC NOTICE NOTICE is hereby given that sealed bids will be received by the Town Board of the Town of Mamaroneck until 5 o'clock on the 3rd day of April, 1957, at the Town Offices, 158 West Boston Post Road, Village of Mamar- oneck, New York, and will be publicly opened at a regu- lar meeting of the Town Board on April 3rd, 1957, at 8.15 p.m. , in the Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, New York, for supplying 1000 GALLON 2 STAGE HIGH PRESSURE PUMPING ENGINE in accordance with the specifications on file in the Office of the Town Clerk. Bid must show allowance for trade-in of 1000 Gal- lon 1928 Seagrave Pumper now in service which may be in- spected at the Weaver Street Firehouse, Weaver Street, Larchmont, New York, - Envelopes should be marked "BID FOR FIRE PUMPER". THE TOWN BOARD reserves the right to reject any bid which does not strictly comply with the specifications and also reserves the right to reject all bids. BY ORDER OF THE TOWN BOARD Charles J. Gronberg Town Clerk March 9, 1957 ADJOURNMENT There being no further business to come before the meeting; it was adjourned at 10.00 p.m. , to reconvene on March 20, 1957.