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HomeMy WebLinkAbout1978_08_02 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD AUGUST 2, 1978 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 Vandernoot Councilman Bloom Councilman McMillan Councilman DeMaio Councilman Perone Absent: None Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of December 7, 1977 were presented and on motion by Councilman Perone, seconded by Councilman Bloom, approved as submitted. OLD BUSINESS 1. Report - Ice Rink Committee Supervisor Vandernoot referred to this Board's April 6, 1977 meeting at which time the Ad Hoc Committee's Report was presented and the invitation was extended for that group to become a standing committee and work with the Recreation Commission to oversee the operation of the Ice Rink and at this time introduced the Committee's Chairman, Ronald Keelan. Mr. Keelan in turn introduced the members of his committee who were in attendance this evening: Nancy Hartford, Joan Devlin, Michael Donovan, Eugene Talgo and Joseph Tighe and went on to give a status report of the recommendations listed in the March 1977 report and elaborated on those needing clarification. He further presented a status report of the ice rink relative to rev- enues for the season spanning November 1977 to March 1978. An indepth review of the July 10, 1978 report, herewith ordered received and filed, was presented citing increased revenues and lower insurance costs and steadily decreasing deficit estimates. During the discussion that followed the presentation of the report, Margaret Shultz and individual Board members posed questions specifically about the change in insurance costs and type of new .coverage, change in fees, rental time, etc. At the conclusion of the presentation and discussion, Supervisor Vandernoot thanked the Chairman Ron Keelan and the Committee for a comprehensive and encouraging report and commended them for a fantastic job. Councilman DeMaio and Perone, both liaisons to the -1- Recreation Commission also individually thanked the Committee for their volunteerism done in a professional manner and the entire Board expressed hopes that the decreased deficit and increased admissions would be a continued trend. Mr. Keelan advised the Board that the members of the Committee felt that their need had greatly diminished, that they had fulfilled their purpose and since several members were on the Recreation Commission, that body could continue to review the ice rink operations. NOT ON AGENDA Stephen Shane, at Attorney and member of the Board of Directors of the Quaker Ridge Golf Club addressed the Board and referred to his Club's need to hookup to the Town of Mamaroneck's sewer line running- along Griffin Avenue. He pointed out the background of the plans for new construction at the Club of tennis courts and related facil- ities and the discovery by their Contractor that the sewer line belonged to the Town of Mamaroneck. Quite a lengthy review of the situation followed in which individual Board members questioned Mr. Shane, the Town Engineer and the Town Attorney about possible problems to be encountered if permission were to be granted, indemnification of theTown for any damage to existing lines and how the Sewer District would be reimbursed. Thereupon, on motion by Councilman Bloom, seconded by Councilman Perone, the following resolution was adopted by majority vote with Supervisor Vandernoot and Councilmen Bloom, DeMaio and Perone voting in the affirmative and Councilman McMillan voting in the negative: RESOLVED, that this Board hereby approves the request of Stephen Shane, representative of the Quaker Ridge Golf Club for a sanitary sewer connection, subject to various details being worked out by the Town Attorney namely: a satisfactory agreement with the Village of Scarsdale regarding the payment of the sewer tax to the Town of Mamaroneck and the indemni- fication of the Town of Mamaroneck from any responsibility for damage to the water lines; and be it further RESOLVED, that the Town Attorney and Town Engineer be and they are authorized to enter into agreements with Scarsdale residents along Griffin Avenue who may wish similar connections. 2. Application and Plans for Special Permit - New BP Gasoline Filling Station Pursuant to memorandum dated July 18, 1978 addressed to the Town Board by William Paonessa, Building Inspector, herewith presented and ordered received and filed, relative to the revised application submitted by BP Oil for the construction of a gasoline station on the south west corner of the Boston Post Road and Dillon Road, and following the Supervisor's explanation of the Board's previous approval and the State's disapproval of various aspects of BP's application to them, it was unanimously so ordered that the re- vised application be referred to the Planning Board for its study and recommendations. -2- 3. Bonding Resolution, - Reconstruction of Sanitary Sewer Laterals Supervisor Vandernoot recounted that a public hearing had been held on July 5, 1978, the Comptroller had been authorized to obtain the bonding papers, and that it was now in order for this Board to authorize the approval of certain resolutions in order to pay the cost of the above captioned and thereupon, the following resolution was offered by Councilman DeMaio, who moved its adoption, seconded by Councilman McMillan, to-wit: RESOLUTION DATED AUGUST 2, 1978 - A RESOLUTION APPROVING THE RECONSTRUCTION OF CERTAIN EXISTING SANITARY SEWER LATERALS IN AND FOR SEWER DISTRICT NO. 1 OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, the Town Engineer, by a Report dated May 1, 1978, has recommended the reconstruction of sanitary sewer laterals at various locations in and fOr Sewer District No. 1 of the Town of Mamaroneck, Westchester County, New York; and WHEREAS, the estimated cost of the aforesaid improve- ments is $236,000; and WHEREAS, the Town Board of said Town duly adopted a resolution on June 14, 1978, calling a public hearing on said proposed improvements pursuant to the provisions of Chapter 630 of the Laws of 1939, as amended by Chapter 710 of the Laws of 1943; and WHEREAS, after due notice, said public hearing was held at the Weaver Street Firehouse, Weaver Street, in Mamaroneck, New York at 8:15 P.M. Eastern Daylight Saving Time, on the 5th day of July 1978, at which all persons interested in the subject matter thereof were duly heard; and WHEREAS, said Town Board has duly considered the evidence given at the aforesaid hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the.Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined to be necessary and in the public interest to reconstruct the following existing sanitary sewer laterals in and for Sewer District No. 1 of the Town of Mamaroneck, Westchester County, New York, including incidental improvements: Approximately 550 feet of 10-inch sewer on Madison Avenue, from Lafayette Road southeast to Fifth Avenue; approximately 350 feet of 10-inch sewer on Eton Road from the Rockland Avenue intersection southwest; and approximately 400 feet of 10-inch sewer on Ellsworth Road from Stoneyside Drive, south to an easement and thence west on said easement to East Brookside Drive, at a maximum estimated cost, including incidental expenses, of $236,000. and said reconstruc- tion is hereby authorized and approved. -3= it Section 2. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Joseph F. Vandernoot VOTING Aye Lee H. Bloom VOTING Aye Stewart J. McMillan VOTING Aye Harry B. DeMaio VOTING Aye John M. Perone VOTING Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Councilman Bloom, who moved its adoption, seconded by Councilman Perone, to-wit: BOND RESOLUTION DATED AUGUST 2, 1978. A RESOLUTION AUTHORIZING THE ISSUANCE OF $236,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE RECON- STRUCTION OF CERTAIN EXISTING SANITARY SEWER LATERALS IN AND FOR SEWER DISTRICT NO. 1 IN SAID TOWN. WHEREAS, by proceedings heretofore duly had and taken pursuant to the provisions of Chapter 630 of 1939, as amended by Chapter 710 of the Laws of 1943, the Town Board of the Town of Mamaroneck, Westchester County, New York, has determined it to be in the public interest to reconstruct certain existing sanitary sewer laterals in and for Sewer District No. 1 of said Town, as hereinafter described; and WHEREAS, it is now desired to provide for the financing of said reconstruction; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The specific object or purpose to be financed pursuant to this resolution is the reconstruc- tion of the following existing sanitary sewer laterals in and for Sewer District No. 1 of the Town of Mamaroneck, Westchester County, New York, including incidental improvements: Approximately 550 feet of 10- inch sewer on Madison Avenue, from Lafayette Road southeast to Fifth Avenue; approximately 350 feet of 10-inch sewer on Eton Road from the Rockland Avenue intersection southwest; and approximately 400 feet of 10-inch sewer on Ellsworth Road from Stoneyside Drive , south to an easement and thence west on said easement to East Brookside Drive, at a maximum estimated cost, including incidental expenses, of $236,000. Section 2. The maximum estimated cost of such specific object or purpose is $236,000, and the plan for the financing thereof consists of the issuance of $236,000 serial bonds of said Town, -4- hereby authorized to be issued therefor pursuant to the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pur- suant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town: of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be assessed upon all the taxable real property in said Sewer District No. 1, at the same time and in the same manner as other Town charges, an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount suf- ficient to pay the principal of and interest on said bonds. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The validit y of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. I III Section 7. This resolution, which takes effect immed- iately, shall be published in full in the Daily Times, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: -5- Joseph F. Vandernoot VOTING Aye Lee H. Bloom VOTING Aye Stewart J. McMillan VOTING Aye Harry B. DeMaio VOTING Aye III John M. Perone VOTING Aye The resolution was thereupon declared duly adopted. 4. Report of Bids - Lester Place Storm Drain Improvement The Town Engineer presented his memorandum addressed to the Town Board under date of August 1, 1978, herewith ordered received and filed, enumerating the above-mentioned bids and recommending award thereof. Thereupon, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, namely Manny Equipment, Inc. , in the amount of $33,122.00 for Lester Place Storm Drain Improvement. 5. Report of Bids - Rockland Avenue Storm Drain Improvement Pursuant to the presentation of the Town Engineer's memorandum ad- dressed to the Town Board under date of August 1, 1978 and herewith ordered received and filed, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, namely Joe Lore Contracting Co. , Inc. , in the amount of $45,347.25 for Rockland Avenue Storm Drain Improvement. The Town Engineer answered in the affirmative to Councilman DeMaio's question as to whether multiple contractors can perform adequately. 6. Authorization - Supervisor to Sign Urban County Agreement Supervisor Vandernoot presented the Town Engineer's memorandum dated August 2, 1978 and addressed to the Town Board which was herewith ordered received and filed as part of the record of this meeting. Thereupon, following his review of the Town's participation thus far in the Urban County Consortium, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to execute the Year 3 contract between the Town of Mamaroneck and the County of Westchester in order that the Town be reim- bursed under Urban County funds for the engineering services for improvements to the Sheldrake River in the amount of $4,000.00; and be it further RESOLVED, that this resolution is conditioned upon the Town Attorney's review of the contract being prepared by Urban County to be dated August 21, 1978. -6- ,T , U A A K U N L K :; I U W N t- M f''1 1. : Di stri ct No. 1 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, New York District No. 2 Volunteer Firehouse, Mamaroneck Avenue, Mamaroneck, New York District No. 3 Mamaro Firehouse, Palmer Avenue, Mamaroneck, New York District No. 4 Central School Annex, Boston Post Road, Mamaroneck, New York District No. 5 gistrict Westchester Joint Water Works Office, 1625 Mamaroneck Ave. , Mamaroneck, N.Y. No. 6 . Chatsworth Avenue School , Forest Park Avenue, Larchmont, New York District No. 7 Chatsworth.Avenue, School , Forest Park Avenue, Larchmont, New York District No. 8 St. Agustine's- School Gymnasium, Larchmont Avenue, Larchmont,New York District No. 9 . . Chatsworth Avenue School , Forest Park Avenue, Larchmont, New York District No. 10 Francis Coffin Mem. Bldg., St. John's Episc. Church, Grove Ave. , Larchmont, New York District No. 11 Chatsworth Gardens Apartments, 14 N. Chatsworth Ave. , Larchmont, New York District No. 12 Murray Avenue School , Daymon Terrace, Larchmont, New York District No. 13 IIIMurray Avenue School, Daymon Terrace, Larchmont, New.York istrict iNo. 14 Central School , Palmer Avenue, Larchmont, New York 1 District No 15. School of. Sts.. John & Paul , Weaver Street, Larchmont , New York District !No. 16 Mamaroneck High School, Boston Post Road, Mamaroneck, New York District INo. 17 Central School Annex, Boston Post Road, Mamaroneck, New York District No '18 ' Town Garage, Maxwell Street, Larchmont, New York District iNo. 19 Weaver Street Firehouse, Weaver Street, Larchmont,. New York ! . District No 20 - . . School of Sts. John & Paul , Weaver Street, Larchmont, New York District No. 21 Murray Avenue School , Daymon Terrace, Larchmont, New York District No. 22 Palmer Terrace Apartments, Palmer Court, Mamaroneck, New York istrict No. 23 Mamaroneck High School , Boston Post Road, Mamaroneck, New York 1 , District1No. 24 , Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, New York District No. 25 St. �Augustine's School Gymnasium;-Larchmont Avenue, Larchmont; New York ` ` District No. 26 Larchmont Avenue Church, Larchmont Avenue, Larchmont, New York u ivt1°11.4. No. 27 Westchester Joint Water Works Office, 1625 Mamaroneck Avenue, Mamaroneck, New York ti R r II i 1978 LOCAL REGISTRATION POLLING PLACES MAMARONECK VILLAGE HALL: DISTRICTS 1-,2,3,4,.5,17,22,23,27 (Village of Mamaroneck) Court Room Mt. Pleasant & Prospect Avenues, Mamaroneck, N.Y. LARCHMONT VILLAGE HALL: DISTRICTS 6,7,8,9,10,26 (Vil].age of Larchmont) Court .Room Larchmont Avenue, Larchmont, N.Y. i WEAVER STREET FIREHOUSE: DISTRICTS 11,12,13,14,15,16,18,19, (Unincorporated Area) 20,21,24,25 . . . Weaver Street & Edgewood Avenue Larchmont, N.Y. I r NOT ON AGENDA In futherance to the above captioned subject, the Town Engineer presented a memorandum addressed to the Town Board under date of August 2, 1978, herewith ordered received and filed and on motion by Councilman DeMaio, seconded by Councilman Bloom, it was unanimously RESOLVED, that conditioned upon the Attorney's review of the Year 3 Urban County Contract and the subsequent signing of said contract by the Supervisor, Mark Mustacato be and he hereby is hired on a contractual basis, to be compensated at $150.00 per week for the drafting of plans for said project, effective August 21, 1978. 7. Authorization - Payment of Retained Percentage Following presentation of a memorandum addressed to the Town Board by Charles Elfreich, Town Engineer, under date of August ust 2, 1978, herewith ordered received and filed, and pursuant to some discussion regarding the project costing over $3,000. more than the original bid, on motion by Councilman Bloom, seconded by Councilman DeMaio, it was unanimously RESOLVED, that this Board hereby authorizes the acceptance of a Maintenance Bond on Contract No. 78-7 - Hommocks Tennis Courts in the amount $3,743.80 in lieu of the 10% retained percentage to DiBiccari and Riccio Construction Corp. for the resurfacing of the Hommocks Tennis Courts, subject to the Bond's review and approval by the Town Attorney. 8. Engineer's Report - Ellsworth Road Sanitary Sewer Project The Town Engineer reported to the Board for information purposes that as had been authorized at the Board's last meeting relative to the above captioned project, the necessary easement has been obtained with the appropriate documentation from the Contractor. NOT ON AGENDA The Town Engineer made reference to his receipt of a communication from the New York State Department of Transportation relative to the Safer Off-System Roads Program and requested that the Supervisor be authorized to execute the agreement and thereupon, on motion by Councilman DeMaio, seconded by Councilman McMillan, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to execute the agree- 1 ment between the Town of Mamaroneck and the New York State Department of Transportation relative to the Safer Off-System Roads Program pending review of the agreement by the Town Attorney. Mr. Elfreich gave the Board an oral update of the status of the Storm Drain Improvements Project on Shadow Lane and noted that he has con- tacted the City Council of the City of New Rochelle and was awaiting their reply relative to the right of way. -7- NEW BUSINESS 1. Authorization - Replacement of Water Mains - Hommocks Road Supervisor Vandernoot called to attention a recommendation from the Westchester Joint Water Works for the replacement of water main in order to provide adequate fire protection in that area and on motion by Councilman McMillan, seconded by Councilman Bloom,_ it was unanimously RESOLVED, that this Board hereby authorizes the Westchester Joint Water Works to replace the existing 6-inch A.C. Pipe with 980 feet of 8-inch PVC TRX 27 Pipe on Hommocks Road from the Town Line to Dead End in the Unincorporated Area of the Town of Mamaroneck, to be known as project A-853, at an estimated cost of $57,700.00, said cost to be paid by Water District No. 1 of the Town of Mamaroneck. 2. Authorization - Installation of Water Mains - West Brookside Drive Mr. Vandernoot presented a letter addressed to the Supervisor together with cost estimate sheets, under date of July 25, 1978 from John G. Hock, P.E. , Manager, Westchester Joint Water Works, herewith ordered received and filed, and reviewed the project in detail, noting the project would mainly avoid freezeup of the lines. Thereupon, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes the Westchester Joint Water Works to install 780 feet of 8-inch PVC TRX 27 Pipe on West Brookside Drive from Lansdowne Drive to Fernwood Road in the Unincorporated Area of the Town of Mamaroneck, to be known as project A-852, at an estimated cost of $26,000. , said cost to be paid by Water District No. 1 of the Town of Mamaroneck. 3. Authorization - Supervisor to Accept Land in Lieu of Back Taxes Supervisor Vandernoot reviewed the situation relative to a 30 by 80 foot parcel of land on the Post Road on which the owner owes $1600 in back taxes. He further noted that the owner wishes to deed the property to the Town in lieu of delinquent taxes and following some discussion, it was unanimously so ordered that the matter be tabled until the Supervisor and the Town Attorney have an opportunity to evaluate the feasibility of such acceptance. 4. Authorization to Collect 1978 School Taxes Pursuant to the request by the Comptroller's Office, on motion by Councilman McMillan, seconded by Councilman Bloom, the following resolution was unanimously adopted: RESOLVED, that the Town Board of the Town of Mamaroneck, in accordance with Section 550a of the Westchester County Tax Act, being Article 16 of the Westchester County Administrative Code as amended by Chapter 386 of the Laws of 1962, does hereby authorize the Comptroller of the Town of Mamaroneck to accept from any tax- -8- payer two partial payments in equal installments for or on account of school taxes and apply such payments on account thereof, and that he shall accept payment of said school taxes in full at the discretion of the taxpayer, or as stated in two partial payments, with the first installment being due and payable in the month of September and the second being due and payable in the month of January following, provided that no installment may be paid unless the first installment of cur- rent school taxes, including interest and penalty, shall have been paid or is paid at the same time. If the second partial payment is received during the month of January, no interest or penalty shall be charged against the second partial payment; and be it further RESOLVED, that as provided in said statute, unless the first partial payment is received during the month of September and the second partial payment is received during the month of January, the penalty provided for payment of school taxes as set forth in Section 543 shall be applicable as follows: First Installment September No Penalty October 2% November 5% December & January 7% February & March 10% April & thereafter up to date of sale 12% Second Installment February and March 10% April to date of sale 12% and be it further RESOLVED, that the first installment shall be due and payable and become a lien on the taxable property of the school district on September 1st, 1977 and the second installment on January 1st, 1978; and be it further RESOLVED, that the Town Clerk, the Comptroller and the Assessor shall prepare a suitable form of tax receipt, to be presented at the expense of the Town; and be it further RESOLVED, that pursuant to Section 551 of Chapter 386 of the Laws of 1962, a statement concerning the tax information be printed, and the Comptroller shall mail with each receipt for taxes a printed copy of such statement; and be it further RESOLVED, that the schedule of penalties be as follows: -9- Penalty Schedule 1st Half 2nd Half September No Penalty ---� October 2% ---- November 5% ---- December & January 7% ---- February & March 10% 10% April to date of Sale 12% 12% and be it further RESOLVED, that this resolution shall take effect immediately. 5. Approval of Polling Places and Authorization of Publication of Notices for Primary, Registration and General Elections Pursuant to the Town Clerk's requests -for designation of the 1978 Polling Places, authorization for the publication of said notices and her notation that the closing of the Montessori School this year necessitated the changing of the 25th Election District to St. Augustine's School Gymnasium on Larchmont Avenue, on motion by Councilman DeMaio, seconded by Councilman Perone, it was unanimously RESOLVED, that in accordance with the provisions of Section 76 and Section 354 of the Election Law, this Board hereby designates a place for each Election District in the Town as shown on the lists hereto attached, and authorizes the publication in the official news- paper of the Town of Mamaroneck, The Daily Times, a Notice listing the places for Primary, Local Registration and General Election, briefly describing each district. (see next pages for lists) -10- THE TOWN CLERK Regular Reports The Town Clerk presented the following reports which were ordered received and filed: Report of the Town Clerk for the month of July 1978. Report of the Building and Plumbing Inspector for the month of July 1978 Not on Agenda The Clerk presented a letter addressed to her by Kathryn L. Peyton, New York Project Director for National Women's Political Caucus Equal Rights Amendment Fund dated July 12, 1978, herewith ordered received and filed and informed the Board of that organization's request to canvass the Unincorporated Area seeking funds and support. Following a brief discussion, it was unanimously so ordered that the Town Clerk advise the group that their canvassing be limited to daily between the hours of 12:00 Noon and 5:00 P.M. THE SUPERVISOR 1. Report - Army Corps of Engineers Supervisor Vandernoot advised the Board that as he had been authorized to do at the last Board meeting, he had written to the Board of Engineers for Rivers and Harbors and that a representative will be at the Town Offices on Tuesday, August 8th and further noted that a meeting in Washington, D.C. will probably be forthcoming. 2. Report - Contract Negotiations The Supervisor noted for the Board's information that he had received a copy of a communication written by the P.B.A. relative to their intention to request binding arbitration. Some discussion followed regarding bind- ing arbitration. THE COUNCILMEN Mr. Bloom 1. Apportionment Councilman Bloom presented the following apportionment and on his motion, which was seconded by Councilman McMillan, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented petition for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Tax Law; and -11- WHEREAS, after due consideration, this Board finds it desirable to grant said petition for the correction of said assessment roll; NOW, THERE, BE IT RESOLVED, that the assessment roll of 1977-1978 school taxes of 1978-1979, which shows property now appearing on the roll as follows: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 965 36 Est. Albert Sichel $28,900. $27,100. $56,000. be apportioned as follows in accordance with the provisions of Subdivision 5 of Section 557: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 965 36 Est. Albert Sichel $9,000. $9,000. 965 49 $10,900. $27,100. $38,000. 965 62 " " " $9,000. $9,000. Mr. McMillan 1. Appointment - Narcotics Guidance Council Upon Councilman McMillan's presentation of Dr. Feuerbach's letter addressed totthe Board under date of July 28, 1978 and his review of Mrs. Gloria Gutner's background, on his motion, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby approves the appointment of Mrs. Gloria Gutner to fill the position of group leader under a new grant for a pilot project in prevention programming, provided similar resolutions are adopted by the Villages of Larchmont and Mamaroneck. 2. Not on Agenda Councilman McMillan recounted his discussions with various residents in- cluding former Councilman White relative to the severe and evergrowing problem of raccoons and noted that the problem will probably have to be resolved in the near future by the Board. He then suggested that perhaps a proposal can be made at the September meeting as to how to go about alleviating the problem and some discussion followed. NOT ON AGENDA Mr. Perone Councilman Perone recounted various discussions with individuals relative to the difference in the regulations regarding painting of apartments as stated under the old rent control laws and the wording under E.T.P.A. and recommended that the Board enact an ordinance requiring landlords to paint the apartments every three years, and suggested that the Town's Tenant Advisory Council study the proposal. Quite a lengthy discussion -12- ensued, after which the Board deferred decision until the Town Attorney and Mr. Perone could draw up a proposal after gathering all the necessary facts. THE TOWN ATTORNEY 1. Report re Con Edison Litigation Mr. Johnston reported to the Board for informational purposes that the lawsuit brought by the Town of Mamaroneck, Mt. Vernon City, Eastchester, Scarsdale and Mt. Pleasant against the State Board of Equalization and Assessment challenging their method used in setting the special franchise assessment for Con Edison has been dismissed on the grounds that the municipalities had no legal grounds for the challenge. 2. Not on Agenda Mr. Johnston referred to his request at the Board's last meeting regarding letters to delinquent tax payers and at this time requested authorization from the Board to commence legal proceedings. On motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that the Town Attorney be and he hereby is authorized to commence proceedings against the various tax lien delinquents, using his discretion as to the manner in which the proceedings will be handled. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 11:00 P.M. , to reconvene on September 6, 1978. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. I ' 1. Claims Pursuant to the memorandum addressed to the Commission by the Deputy Comptroller under date of. August 2, 1978, herewith presented and ordered received and filed, on motion by Commissioner Bloom, seconded by Commissioner McMillan, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: II -13- � I AAA Emergency Supply Co. , Inc. $ 15.00 R. G. Brewer, Inc. 15.42 Frank Claps 105.00 Commissioner of Taxation & Finance 49.28 Con Edison 16.24 Connecticut General Life Insurance Co. 112.00 East Coast Wholesalers, Inc. 22,70 Excelsior Garage & Machine Works, Inc. 721.33 Exterminating Services Co. 10.78 Exxon Company USA 194.80 Fire Chief's Emergency Plan of West. County 3.00 Franklin Cleaners 161.00 Group Health, Inc. 184.06 N. LaRussell 588.75 McGuire Bros. , Inc. 23.00 New Rochelle Dodge, Inc. 32.90 The New Rochelle Water Co. 71.81 New York Telephone Co. 406.98 II 405.11 It II II 18.10 Peter R. Perciasepe, Jr. 114.61 Portronix Communications, Inc. 25.00 Signacon Controls, Inc. 27.50 William Smith Supplies 79,80 // 6.00 State Line Fire & Safety Inc. 1,138.80 New York Telephone Co. 18.10 $4,567.07 2. Reports Commissioner Bloom presented the following reports which were herewith ordered received and filed: li Reports of the Fire Department for the months of June and July 1978. Fire Chief's Annual Report for the Year 1977. The presentation of the Chief's Annual Report precipitated a very lengthy discussion and the following items were reviewed thoroughly with clarifications being made by Fire Chief Perciasepe and Commissioner Bloom: fire...department insurance rating; on-going inspection of public places and drills or instructions regarding evacuation of public places in emergencies; volunteer firemen and tax exemption status; beepers versus the horn. The Chief noted that although the Fire Council is still compiling statistical data relative to the beeper experiment and the recommendations will be forthcoming to the Commission, the use of the electronic beeper system has significantly reduced the number of times the fire horn has been used. Not on Agenda Mrs. Beth Nelkin, President of the Larchmont League of Women Voters questioned the Board on the matter of the operating expenses for V.A.C. and whether or not anything has been worked out with the Village of Larchmont. Both Mr. Bloom and Mr. DeMaio, this Board's liaisons.:to Larchmont Village responded that they are continually pursuing ways to alleviate the problem. -14- ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 11:32 P.M. , to reconvene on September 6, 1978. Town Clerk II II -15-